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2025-06-17 - AGE - City Council Regular Meeting
June 17, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Proclamation Recognizing June 19th as Juneteenth - Freedom Day 1C.Proclamation Recognizing Pollinator Week 1D.New Employee Introductions 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Meeting Minutes 3B.Approval of City Check Registers 3C.Bids, Quotes, and Contracts: 3C.1.Approve Contract with Bolton & Menk, Inc. to Complete a Missing Middle Housing Study 3C.2.Approve Purchase of Portable Radios for Fire Department from Motorola Solutions 3D.Grants and Donations: 3D.1.Adopt Resolution No. 25-051 Accepting Various Donations for Assistant Chief, Rudy Perez to Attend the Out-Of-State National Association of School Resource Officers Conference 3E.Adopt Resolution No. 25-052 Approving Preliminary Plat for 4707 Circle Down 3F.Adopt Resolution Nos. 25-053, 25-054 and Ordinance No. 798 Approving Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 504 Lilac Drive 3G.Adopt Resolution No. 25-055 Approving Golden Valley Route GV4 for the Three Rivers Park District CP Regional Trail Project 3H.Adopt Resolution No. 25-056 Approving Fire System Plan Review and Inspection Authority 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 June 17, 2025 — 6:30 PM 1 Policy 3I.Adopt Resolution No. 25-057 Approving Updated Bylaws of the Golden Valley Fire Department Relief Association 4.Public Hearing - None. 5.Old Business - None. 6.New Business 6A.Property Acquisition for Public Works Facility 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 June 17, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 1B. Proclamation Recognizing June 19th as Juneteenth - Freedom Day Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary For 160 years, Black Americans celebrate June 19th, or Juneteenth, as Freedom Day in recognition of the end of slavery. Although President Abraham Lincoln ratified the Emancipation Proclamation to abolish slavery on January 1st, 1863, slaveholders in Texas withheld information of abolition from enslaved Black Americans until Union troops shared the news on June 19th, 1865. As word spread Black Americans nationwide collectively celebrated their freedom and called the celebration Juneteenth, a combination of June and Nineteenth. Black communities across the nation still celebrate and recognize Juneteenth, also known as Freedom Day, as the end of slavery. The proclamation calls for the recognition of June 19th as "Juneteenth - Freedom Day" and the continued commitment to dismantle oppressive systems impacting the descendants of formerly enslaved Black Americans. On Friday, June 27th at The O’Shaughnessy at St. Catherine University, the City of Golden Valley will support the community celebration of Kumbayah - The Juneteenth Story put on by Sweet Potato Comfort Pie. In accordance with the State of Minnesota and the signing of Juneteenth as a state holiday, City offices will be closed and no public business will be conducted this upcoming June 19th, 2025. 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 and historical makers such as Juneteenth to both educate community and staff as well as create space for belonging of these richly diverse community. Recommended Action Present proclamation recognizing June 19th as Juneteenth - Freedom Day. 3 Supporting Documents Proclamation for Juneteenth 4 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING JUNETEENTH - FREEDOM DAY JUNE 19, 2025 WHEREAS,July 4th, 1776, and every year after is the national recognition of independence for the United States of America, but does not acknowledge the continued oppression for formerly enslaved and the descendants of enslaved Black bodies; and WHEREAS, on January 1st, 1863, the Emancipation Proclamation was signed, giving freedom to enslaved people in the rebelling states, however not all enslaved people had received word about their liberation until June 19th, 1865, when Union troops arrived in Galveston, Texas, to announce the end of the Civil War and the insidious institution of slavery; and WHEREAS,June 19th has a special meaning to Black Americans, and is called “Juneteenth” combining the words June and Nineteenth, and has been celebrated by the Black community for 160 years; and WHEREAS,Juneteenth, also known as Freedom Day, commemorates an extraordinary moment in our nation’s history and is the oldest nationally celebrated commemoration of the ending of slavery in the United States; and WHEREAS,we recognize and honor those who suffered and acknowledge the evils of slavery and its aftermath of pervasive and present systemic racism; and WHEREAS,we acknowledge Black Americans and the significant contributions and achievements made within our community and culture both past and present; and WHEREAS, on June 17th, 2021, the U.S. Government has memorialized Juneteenth as a federally recognized holiday as well as on February 3rd, 2023, the Minnesota State Government recognizes it as a state holiday; and WHEREAS, this day and all its meaning are recognized and embodied through the work of Sweet Potato Comfort Pie in their annual Kumbayah – The Juneteenth Story held on June 27 th at The O’Shaughnessy at St. Catherine University. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim June 19 th, 2025 as “Juneteenth - Freedom Day” and call upon the people of Golden Valley to celebrate freedom for all Americans and educate themselves on the complete history and heritage of our nation, including the contemporary impacts of slavery, as we support the continual dismantling of oppressive systems in our City. IN WITNESS WHEREOF,I Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on Tuesday, June 17th, 2025. ___________________________ Roslyn Harmon, Mayor 5 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 1C. Proclamation Recognizing Pollinator Week Prepared By Chloe McGuire, Deputy Community Development Director Ethan Kehrberg, Sustainability Specialist Gunnar Laughlin, GreenCorps Member Summary Pollinator Week was initiated and is managed by Pollinator Partnership, and in 2008, the U.S. Senate’s unanimous approval and designation of a week in June as “National Pollinator Week” marked a necessary step toward addressing the urgent issue of declining pollinator populations. Pollinator Week has now grown into an international celebration, promoting the valuable ecosystem services provided by bees, birds, butterflies, bats, beetles, moths, wasps, and flies. People across the planet have pledged to continue promoting pollinator health and well-being through their Pollinator Week events. The great thing about Pollinator Week is that you can celebrate and get involved any way you like! Pollinator Week 2025 is a celebration of the vital role that pollinators play in our ecosystems, economies, and agriculture. This year’s theme “Pollinator Cultural Connections” focuses on the vital role that pollinators play in various aspects of our lives and cultures. They are essential for producing many foods, including fruits, vegetables, spices, and nuts. Numerous cultures worldwide feature sacred passages that reference pollinators, such as bees, butterflies, and hummingbirds, highlighting their significance in spiritual contexts. Many Indigenous communities have long recognized the importance of pollinators not only for their ecological contributions but also as a foundation for cultural symbolism. City Staff recently handed out Minnesota-specific wildflower packets at Golden Valley Pride. If you'd like to plant some pollinator-friendly flowers in your yard, stop by City Hall for a packet while supplies last! Financial or Budget Considerations Not applicable. Legal Considerations Not applicable. Equity Considerations 6 National Pollinator Week isn't just about celebrating bees, butterflies, bats, and other pollinators—it’s also a powerful platform for advancing equity in environmental and cultural access. Here's how the 2025 toolkit highlights its importance to equity: This year’s theme, “Pollinator Cultural Connections,” spotlights the deep significance pollinators hold in diverse cultures, especially Indigenous knowledge systems. By weaving culturally meaningful pollinator stories and traditions into public awareness efforts, the week fosters representation and inclusion, ensuring minority voices are respected and heard. These tools help reduce educational inequities by bringing hands-on environmental learning to all communities. Finally, healthy pollinator levels are important for all. About 75% of our world's food crops rely on pollinators. Recommended Action Present proclamation recognizing Pollinator Week. Supporting Documents 2025 Official Pollinator Week Toolkit (English) Proclamation 7 2025 POLLINATOR WEEK TOOLKIT Celebrate with us June 16-22, 2025! Pollinator Week was initiated and is managed by Pollinator Partnership.8 National Pollinator Week is an annual event celebrated internationally in support of pollinator health. It's a time to celebrate pollinators and spread the word about what we can do to protect them. Utilize these resources to help you celebrate and promote your involvement in this year’s #PollinatorWeek (June 16-22, 2025). Additional information can be found at pollinator.org/pollinator-week or by contacting Pollinator Partnership (P2) at info@pollinator.org. Pollinator Week was initiated and is managed by Pollinator Partnership. pollinator.org 582 Market Street, Suite 1215 San Francisco, CA 94121 info@pollinator.org 415.362.1137 Welcome to the Official 2025 Pollinator Week Toolkit! 9 About National Pollinator Week Activity Ideas Youth Education Teens and Adults Social Media Graphics and Photos Swag Additional Resources 4 5 6 7 8 9 10 11 T A B L E O F C O N T E N T S Pollinator Week was initiated and is managed by Pollinator Partnership.10 a b o u t n a t i o n a l p o l l i n a t o r w e e k history and purpose Pollinator Week was initiated and is managed by Pollinator Partnership, and in 2008, the U.S. Senate’s unanimous approval and designation of a week in June as “National Pollinator Week” marked a necessary step toward addressing the urgent issue of declining pollinator populations. Pollinator Week has now grown into an international celebration, promoting the valuable ecosystem services provided by bees, birds, butterflies, bats, beetles, moths, wasps, and flies. People across the planet have pledged to continue promoting pollinator health and well-being through their Pollinator Week events. Through the numerous virtual and in-person gatherings, webinars, planting sessions, garden and farm walks, and monument lightings, Pollinator Week 2025 is geared to be the busiest and best one yet! 4Pollinator Week was initiated and is managed by Pollinator Partnership.11 Encourage your Governor to sign a proclamation* Display pollinator artwork and outreach materials in your office lobby Begin your own or join a social media campaign Highlight Pollinator Week in a newsletter, blog, or magazine Sponsor Pollinator Week* Host a pollinator-themed meal or mixer* Host a pollinator planting day at your school, office, local park, or library Build native bee houses* Register your Bee Friendly Garden Request a local establishment or building light up for Pollinator Week (For example: Light up City Hall in Yellow and Orange)* Plant habitat in your backyard using native plants (use our Planting Guides and Garden Recipe Cards) Host a nature walk or pollinator expert lecture Screen a pollinator film* Host a pollinator festival or native plant sale Host an educational event at a local library *See additional resources for more information! A c t i v i t y I d e a s Ways to Celebrate: 5Pollinator Week was initiated and is managed by Pollinator Partnership. Be sure to post all local public and private events to our Pollinator Week website! 12 These activities can be done at home! Y o u t h e d u c a t i o n Looking for curriculum, educational tools, activities, and fun facts about monarchs, gardening, and other pollinators? We've got a whole list of resources to help you put together a fun day of learning for your students! Cultivate learning about monarchs and other pollinators by creating your own garden learning area! The Bee Smart School Garden Kit includes 10 lesson plans, worksheets, tests, and materials for the included activities. This kit is perfect for school administrators, educators, teachers, garden coordinators, and parents for use with students in grades 3 to 6. Kits options vary and cost for the kit can be found on P2's website. Discover fun ways kids can learn about the importance of pollinators! Resources here include: bloom bingo, crossword puzzles, word problems, pollinator cookbook, and more. Pollinator Partnership Learning Center pollinator.org/learning-center/education Bee Smart School Garden Kit pollinator.org/bee-smart Get Active! Pollinator Activities pollinator.org/bee-smart#fun 6Pollinator Week was initiated and is managed by Pollinator Partnership.13 t e e n s a n d a d u l t s Visit P2's video learning center to access webinars across a range of topics from monarch conservation to native bees. Want to learn more about monarch biology and ecology? How about best management practices for monarch habitat planning, preparation, and management? If so, this series has you covered! Each video is only 20-30 minutes and will give you the tools and knowledge to enhance your habitat for this imperiled species. Looking for a hands-on project where teens and adults can help monarchs and other pollinators? Become part of Project Wingspan! This effort is active across AR, IL, IN, MI, MN, OH, PA, WI, and Ontario. You can learn more about our project and become a trained volunteer by visiting our website. Pollinator Partnership Video Learning Center pollinator.org/webinars Monarch Habitat Restoration and Management Webinar Series pollinator.org/mwaebf/webinars Project Wingspan pollinator.org/wingspan Stuck inside? This is the perfect time to plan how you can enhance your garden or landscaping for monarchs in 2025 and beyond! These guides provide not only regional plant recommendations, but also information and best management practices on planning, preparing, and maintaining your pollinator habitat. Ecoregional Planting Guides pollinator.org/guides 7Pollinator Week was initiated and is managed by Pollinator Partnership.14 media templates It’s #PollinatorWeek! #DYK that pollinators like bees, butterflies, and bats, provide 1 out of 3 bites of food we eat? Say thanks by planting native plants, supporting local farmers, and educating others about the importance of pollinators! About 75% of all flowering plant species need animal pollinators for reproduction. As a result, pollinators contribute to ecosystem health and a sustainable food supply. Celebrate them this #PollinatorWeek! This #PollinatorWeek, join me in celebrating the cultural significance of pollinators to all peoples throughout North America. s o c i a l m e d i a 8Pollinator Week was initiated and is managed by Pollinator Partnership. Use #PollinatorWeek for all Social Media posts regarding 2025 Pollinator Week events, activities, and resources! Mention Pollinator Partnership on Facebook, X (formerly Twitter), Instagram, and LinkedIn for a chance to get your post shared on our pages! Feel free to use or modify! 15 Please share your photos of all Pollinator Week events using #PollinatorWeek. You can share photos directly to info@pollinator.org with consent that Pollinator Partnership can use the images for promotional purposes. Please provide photo credit, date, and location! Official Pollinator Week Graphics can be downloaded at: pollinator.org/pollinator- week/pollinator-week-resources. Pair these graphics with one of the sample posts found in the previous section and direct your audience back to pollinator.org! G r a p h i c s a n d p h o t o s Graphics Photos 9Pollinator Week was initiated and is managed by Pollinator Partnership.16 brochures, books, and more! Pollinator cultural connections Looking for a brochure to display on various pollinator topics? Looking to learn more about pollinator basics? Order informational brochures, books, and pamphlets at pollinator.org/shop. This year’s theme “Pollinator Cultural Connections” focuses on the vital role that pollinators play in various aspects of our lives and cultures. They are essential for producing many foods, including fruits, vegetables, spices, and nuts. Numerous cultures worldwide feature sacred passages that reference pollinators, such as bees, butterflies, and hummingbirds, highlighting their significance in spiritual contexts. Many Indigenous communities have long recognized the importance of pollinators not only for their ecological contributions but also as a foundation for cultural symbolism. This year’s poster can be found at pollinator.org/shop/posters. 10 s w a g Pollinator Week was initiated and is managed by Pollinator Partnership.17 National Pollinator Week Educational Materials Sponsorship Opportunities Ecoregional Planting Guides Post your event on the Pollinator Week map Register your Bee Friendly Garden Request a Proclamation from your Governor Request a Pollinator Week Lighting Go to our Resources page for children's activities, fun facts, and more! Pollinator-Friendly Cookbook The Guardians Film Pollinators Under Pressure DONATE to Pollinator Partnership A d d i t i o n a l r e s o u r c e s Pollinator Week was initiated and is managed by Pollinator Partnership. Visit these clickable links for additional ideas, resources, and updates: Please contact Pollinator Partnership at info@pollinator.org with any questions! Visit pollinator.org to learn more. 1118 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING POLLINATOR WEEK JUNE 16 – 22, 2025 WHEREAS, Pollinator Week is celebrated annually during the 3rd full week of June, this year, June 16 – 22; and WHEREAS, Pollinator Week is an annual celebration supporting pollinator health, encouraging awareness about pollinators and how we can protect them; and WHEREAS, pollinators are a vital element of our planet’s ecosystems, economies, and food systems; and WHEREAS, Golden Valley has outlined, in its Resilience and Sustainability Plan, the City’s commitment to preserving native plants which are primarily pollinated by bees, butterflies, and other pollinators; and WHEREAS, Golden Valley has over 40 vegetated stormwater buffers that use native plants as erosion control, and as stormwater filters, in addition to their role in supporting pollinators; and WHEREAS, the Golden Valley Garden Club participated in the Pollinator Pathways initiative, a program that creates a large network of pollinator friendly gardens in homeowners’ yards throughout the United States; and WHEREAS, $1,400 of the funding for the City’s participation in the program was raised by individual donors, indicating resident support for Pollinator Week. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley does hereby proclaim June 16 – 22, 2025, as Pollinator Week and call upon the people of Golden Valley to recognize the importance of pollinators and native plants. IN WITNESS WHEREOF, I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on June 17, 2025. ___________________________ Roslyn Harmon, Mayor 19 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 1D. New Employee Introductions Prepared By Elinorah SINYEMBO, Executive Assistant Summary This meeting will include the following new employee introductions: Golf Course Superintendent, Brian Haley, will be introducing Caleb Wagner, Turf Maintenance Technician Finance Director, Lyle Hodges, will introduce Brandi Aretz, Payroll and Benefits Specialist Equity and inclusion Manager, Seth Kaempfer, will introduce Arantxa Chaire-Kobb, Community Connections Specialist Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 20 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 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 : June 3, 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. 21 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3B. Approval of City Check Registers Prepared By Jennifer Hoffman, Assistant Finance Director 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: 06-04-2025 Check Register 06-11-2025 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. 22 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3C.1. Approve Contract with Bolton & Menk, Inc. to Complete a Missing Middle Housing Study Prepared By Chloe McGuire, Deputy Community Development Director Summary Attached is a contract with Bolton & Menk, Inc. to complete a Missing Middle Housing Study. Financial or Budget Considerations The 2025 budget includes $55,000 to engage a consultant to complete a Missing Middle Housing Study. The proposal includes a not-to-exceed cost of $55,000. Legal Considerations The Legal Department has reviewed and approved the contract. Equity Considerations The Request for Proposals (RFP) for the project included equity considerations. The chosen consultant, Bolton & Menk, Inc., has a strong commitment to equity. Staff completed an equity analysis prior to releasing the RFP. Recommended Action Staff recommends approval of the contract. Motion to authorize the Mayor and City Manager to execute the Contract for Consulting Services with Bolton & Menk, Inc. Supporting Documents Contract Proposal 23 1 PROFESSIONAL SERVICES AGREEMENT FOR BOLTON & MENK, INC. THIS AGREEMENT is made this June 17, 2025 (“Effective Date”) by and between Bolton & Menk, Inc. a Minnesota corporation with its principal office located at 1960 Premier Drive, Mankato, MN 56001- 5900 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of providing consulting services to complete a Missing Middle Housing Study. B. The City desires to hire Contractor to provide consulting services. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before December 31, 2025, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the Effective Date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached Exhibit B in an amount not to exceed $54,804.00. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty-five (35) days after Contractor’s statements are submitted. 4. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; 24 2 b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. The City’s authorized agent, may on behalf of The City, administratively approve amendments that do not materially change the scope of work or increase the contract price. Any amendments that materially change the scope of work or increase the contract price shall require council approval. 6. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 8. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance, but only to the extent resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or to the extent caused by any negligent act or omission or willful misconduct by Contractor, or to the extent arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 9. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To 25 3 meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 10. Subcontracting. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or respon sibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent Contractors, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 11. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 12. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 13. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulatfons in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatfves, and subcontractors shall abide by the City's policies prohibitfng sexual harassment and tobacco, drug, and alcohol use as defined in the City’s Respectiul Work Place Policy, and Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulatfng the conduct of persons on City property, at all tfmes while performing dutfes pursuant to this Agreement. Contractor agrees and understands that a violatfon of any of these policies, procedures, or rules constftutes a breach of the Agreement and sufficient grounds for immediate terminatfon of the Agreement by the City. 26 4 14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between Exhibits A and B, the terms of Exhibit B shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 18. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Contractor may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Contractor prior to the effective date of this Agreement; however, to the extent Contractor generates reports or recommendations for the City using proprietary processes or formulas, Contractor shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 19. Agreement Not Exclusive. The City retains the right to hire other professional Contractor service providers for this or other matters, in the City’s sole discretion. 20. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 27 5 21. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 21.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 21.2 If Consultant breaches or threatens to breach any provisions of paragraph 19.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 21.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 22. No Discrimination. Contractor agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Chloe McGuire, the Deputy Community Development Director of the City, or designee. Contractor’s authorized agent for purposes of administration of this contract is Mike Thompson, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Mike Thompson Bolton & Menk, Inc. 111 Washington Ave S, Suite 650 Minneapolis, MN 55401 mike.thompson@bolton-menk.com Chloe McGuire City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 cmcguire@goldenvalleymn.gov 28 6 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 26. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 27. Payment of Subcontractors. Contractor agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the City for undisputed Services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 28. Publicity. At the City’s request, the City and Contractor shall develop language to use when discussing the Services. Contractor agrees that Contractor shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Contractor shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 30. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 31. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 32. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. [Remainder of page left blank intentionally. Signature page follows.] 29 7 IN WITNESS WHEREOF, the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. BOLTON & MENK, INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Name: Mike Thompson Title: Principal Urban Planner By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 30 EXHIBIT A SCOPE OF SERVICES 31 EXHIBIT B FEE SCHEDULE 32 CITY OF GOLDEN VALLEY MAY 28, 2025 PROPOSAL FOR MISSING MIDDLE HOUSING STUDY PROPOSAL FOR MISSING MIDDLE HOUSING STUDY33 PROPOSAL FOR MISSING MIDDLE HOUSING STUDYCITY OF GOLDEN VALLEY MAY 28, 2025 BUDGET total budget: $54,804 Proposed Budget and Hour Allocation for Missing Middle Study 34 PROPOSAL FOR MISSING MIDDLE HOUSING STUDYCITY OF GOLDEN VALLEY MAY 28, 2025 Deliverable #1. Existing Conditions Report »Housing Needs »Evaluation of existing stock »Policy and regulatory Review »Case Studies and Best Practices Deliverable #2. Feasibility Report »Lot Fit Studies »Infrastructure review »Developer insights and model proforma Proposed Timeline* for Missing Middle Housing Study Jun July Aug Sept Oct November 0.0 Project Management 1.0 Pre-Study Data Collection 2.0 Engagement Staff Meetings Commission Meetings Developer Meetings Community Outreach Council Meetings 3.0 Policy and Regulatory Review 4.0 Case Studies and Best Practices 5.0 Feasibility 6.0 Implementation Plan 7.0 Final report Deliverable #3. Draft and Final Plan »Specific Recomendations for Regulatory changes »Refined policy initiatives SCHEDULE 35 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3C.2. Approve Purchase of Portable Radios for Fire Department from Motorola Solutions Prepared By Maria Jimenez, Administrative Assistant Dominque Guzman, Assistant Fire Chief Summary This a planned purchase to replace aging equipment within the City's Capital Improvement Plan (CIP), this is a purchase of equipment only. Portable radios are vital to the safety of Firefighters during fire suppression activities. Portable radios allow Firefighters to communicate with incident command while working in environments that are immediately dangerous to life and health. Financial or Budget Considerations Mr. Hodges, the Finance Director and Mr. Kieffer, the Public Works Director, have approved the purchase of the portable radios. The total cost is not prohibitive of the purchase. Legal Considerations This purchase and the submitted quotes (2) have been reviewed and approved by the City Attorney. Equity Considerations Equity review is not required for this item. Recommended Action Motion to approve the purchase of Portable Radios from Motorola Solutions . Supporting Documents Golden Valley FD Non-Encrypted Portable Radios Golden Valley FD Encrypted Portable Radios Golden Valley FD Notice To Proceed 1 Golden Valley FD Notice To Proceed 2 36 QUOTE-3118320 GOLDEN VALLEY FIRE DEPT, CITY OF Golden Valley N70 XE Non encrypted 05/06/2025 The design, technical, pricing, and other information (“Information”) furnished with this submission is conffdential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 37 05/06/2025 GOLDEN VALLEY FIRE DEPT, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 RE: Motorola Quote for Golden Valley N70 XE Non encrypted Dear Dom Guzman, Motorola Solutions is pleased to present GOLDEN VALLEY FIRE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulffll your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide GOLDEN VALLEY FIRE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Michael Poulos at Michael.Poulos@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Michael Poulos QUOTE-3118320 38 Billing Address: GOLDEN VALLEY FIRE DEPT, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 US Quote Date:05/06/2025 Expiration Date:06/27/2025 Quote Created By: Michael Poulos Michael.Poulos@ motorolasolutions.com End Customer: GOLDEN VALLEY FIRE DEPT, CITY OF Dom Guzman dguzman@goldenvalleymn.gov +1.763.593.8010 Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line # Item Number Description Qty Term List Price Sale Price Ext. Sale Price APX™ N70 APX N70XE 1 H35UCT9PW8AN PORTABLE RADIO APX N70 7/800 MODEL 4.5 36 $5,014.00 $3,610.08 $129,962.88 1a QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US 36 $0.00 $0.00 $0.00 1b H499KC ENH: SUBMERSIBLE (DELTA T) 36 $165.00 $118.80 $4,276.80 1c QA08853AA ADD: CPS ENABLEMENT 36 $0.00 $0.00 $0.00 1d QA09001AM ADD: WIFI CAPABILITY 36 $330.00 $237.60 $8,553.60 1e QA01427AM ALT: APX N70 XE HOUSING GREEN 36 $28.00 $20.16 $725.76 1f Q667BB ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US ONLY) 36 $0.00 $0.00 $0.00 1g QA02006AG ADD: APX N70 XE M4.5 RUGGED RADIO 36 $770.00 $554.40 $19,958.40 1h H38DA ADD: SMARTZONE OPERATION 36 $1,320.00 $950.40 $34,214.40 1i Q173CA ADD: SMARTZONE OMNILINK 36 $0.00 $0.00 $0.00 QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Contract: 20927 - MN DOT 209493 39 Line # Item Number Description Qty Term List Price Sale Price Ext. Sale Price 1j Q361CD ADD: P25 9600 BAUD TRUNKING 36 $330.00 $237.60 $8,553.60 1k Q806CH ADD: ASTRO DIGITAL CAI OPERATION 36 $567.00 $408.24 $14,696.64 1l QA09113AA ADD: BASELINE RELEASE SW 36 $0.00 $0.00 $0.00 2 LSV01S03060A APX N70 DMS ESSENTIAL 36 5 YEARS $343.20 $343.20 $12,355.20 3 PSV01S03059A APX NEXT PROVISIONING WITH CPS 1 $0.00 $0.00 $0.00 4 PMPN4604A CHARGER,CHGR DESKTOP SINGLE UNIT IMPRES 2 EXT US 7 $207.14 $149.14 $1,043.98 5 PMPN4591B CHGR DESKTOP MULTI UNIT IMPRES 2 6 DISPLAYS INT PS US 6 $1,799.29 $1,295.49 $7,772.94 6 PMPN4639B CHGR VEHICLE IMPRES 2 EXT NA/AU/NZ KIT 5 $599.00 $431.28 $2,156.40 7 PMMN4154A XVE500 DIV 1 REMOTE SPEAKER MIC, HIGH IMPACT GREEN WITH KNOB, UL 36 $748.00 $538.56 $19,388.16 Grand Total $263,658.76(USD) Notes: ● The Pricing Summary is a breakdown of costs and does not reflect the frequency at which you will be invoiced. Motorola's quote (Quote Number: ________________ Dated: ____________ ) is based on and subject to the terms andconditions of the valid and executed written contract between Customer and Motorola (the "UnderlyingAgreement") that authorizes Customer to purchase equipment and/or services or license software (collectively"Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola'sStandard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is foundat http://www.motorolasolutions.com/product-terms. The Parties hereby enter into this Agreement as of the Efiective Date. Motorola Solutions, Inc. Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________Date: ____________________________ QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 Roslyn Harmon, Mayor Noah Schuchman, City Manager 40 ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and ServicesTax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will beadded to invoices. QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 5 41 APX N70 PORTABLE RADIO SOLUTION DESCRIPTION OVERIVIEW The APX N70 offers affordable, next generation communications for without compromising P25 interoperability or voice and data quality. It offers a durable design with “pick-up-and- go” functionality, optimizing ease-of-use and focused communications in almost all environments. DURABLE AND EASY TO USE The APX N70 enhances operations with a full color transflective glass display with touch technology for easy operation with gloves on. The touchscreen includes a high velocity user interface with large touch targets, shallow menu hierarchy, home screen information at a glance, and access to integrated apps. Additionally, the N70 offers extended battery life, a shorter antenna, and Bluetooth compatibility with audio accessories, promoting efficient communications between first responders. ESSENTIAL AND SECURE P25 COMMUNICATIONS The APX N70 is certified compliant with P25 standards and supports digital and analog trunking, FDMA and TDMA, and Integrated Voice and Data. P25 communications over the N70 are safe and secure–it offers software and hardware encryption, single- and multi key encryption, and P25 Authentication, protecting communications during daily operations. Reliable Connectivity Using the APX N70 lets first responders stay connected across disparate networks. It can be equipped with LTE, Wi-Fi®, Bluetooth®, and GPS features, bringing future-ready applications, services, and best-in-class connectivity to everyday users. APX N70 radios support 7/800 MHz frequency bands across radio systems with minimal intervention by the radio user. Managing and Provisioning Devices APN N70 provides users greater awareness and faster radio management through Customer Programming Software (“CPS”), Radio Management (“RM”), or the Radio Central programming. These tools transform accurate data into smarter action by enabling dispatchers and network managers to keep radios in the field, make informed operational decisions, and, above all, protect first responders' focus and safety. Customer Programming Service CPS is a proprietary, Windows-based application used to configure APX subscriber radios in offline situations. The CPS application offers drag-and-drop, clone-wizard, and basic import/export functions that allow for the addition of new QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 6 42 software and feature enhancements. APX N radios can be programmed one-at-a-time on a local PC, via secure USB port connection, with TLS-PSK based encryption. Once loaded, subscriber radios are read, and edited, and copdeplugs and templates can be saved and duplicated to program other fleet radios. Radio Management Batch Programming is available through the RM software for simultaneous programming and upgrading throughout the radio fleet. With Batch Programming, up to 16 radios can be programmed at once over a Wi-Fi connection. This reduces programming time and ensures that the radio fleet is always up-to-date and ready-to-use in the field. Device Management Services Device Management Services (“DMS”) packages provide programming, management, and maintenance services to maximize the effectiveness of this APX N70 solution, while reducing maintenance risk, workload, and total cost of ownership. DMS tackles a range of customer needs, whether the solution is self-maintained or managed by Motorola Solutions. Using Motorola Solutions’ cloud-based Radio Central Programming, APX N70 supports faster provisioning and deployment to get devices in the hands of first responders and out into the field. Parameters such as talk groups, interface options, and security keys can be programmed remotely within minutes. The DMS package provides access to batch programming with Radio Central Programming or one-at-a-time basic programming with Customer Programming Service, described below. Radio Central Radio Central Programming streamlines the APX N70 out-of-the-box experience with a few simple steps. Users will power on the device and view a boot-up animation. Status bar icons on the front display indicate when a connection is made and an update download is initiated. If the APN N70 device is being started for the first time, a “peek-in” device management notification will indicate that the default configuration is detected. When the update download is complete, the device reboots and installs the update. When the install is complete, the device goes back to the full home screen and notifies the user that the update is complete. From power on to provisioning, the process takes less than a minute. For Encryption and Authentication users, a KVL needs to be connected to the radio to use those services. APX N70 also features Touchless Key Provisioning (“TKP”), leveraging Radio Central and Key Management Facility to add encryption keys remotely. This streamlined, one-time process reduces the time and effort spent enabling encryption. TKP delivers the initial encryption keys to APN N70 radios. Users can provision encryption on one radio or on batches of radios, further speeding up the encryption process for radio fleets. The figure below illustrates APX N70’s faster provisioning process. QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 7 43 QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 8 44 APX N-SERIES DEVICE MANAGEMENT SERVICES - ESSENTIAL STATEMENT OF WORK OVERVIEW Device Management Servces (“DMS”) efficiently maintains the Customer’s device fleet while helping to keep devices up-to-date and fully operational in the field. DMS Essential services provide basic hardware and software support. This Statement of Work (“SOW”), including all of its subsections and attachments is an integral part of the applicable agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and Customer (“Customer”). In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this SOW, this SOW will control as to the inconsistency only. The SOW applies to the device specifically named in the Agreement. HARDWAREREPAIR Hardware Repair provides repair coverage for internal and external device components that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. The device will be repaired to bring it to compliance with its specifications, as published by Motorola Solutions at the time of delivery of the original device. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version. MOTOROLA SOLUTIONS RESPONSIBILITIES •Repair or replace malfunctioning device, as determined by Motorola Solutions. •Complete repair or replacement with a turnaround time of five business days in-house, provided the device is delivered to the repair center by 9:00 a.m. (local repair center time). Turnaround time represents thetime a product spends in the repair process, and does not include time in transit to and from the Customer’s site. Business days do not include US holidays or weekends. •If applicable, apply periodically-released device updates, in accordance with an Engineering Change Notice. •Provide two-way air shipping when a supported Motorola Solutions electronic system, such as MyView Portal, is used to initiate a repair. A shipping label will be generated via the electronic system. CUSTOMER RESPONSIBILITIES •For non-contiguous renewals, Customer must provide a complete list, preferably in electronic format, of all hardware serial numbers to be covered under the Agreement to Motorola Solutions. •Initiate device repairs, as needed. •When initiating a repair via a supported Motorola Solutions electronic system, label each package correctly with the shipping label and Return Material Authorization (“RMA”) number generated by the electronic system. •When initiating a repair via paper Return Material Form (“RMF”), the RMF must be completed for each device, included in the package with the device, and shipped to the Motorola Solutions depot specified on the RMF. QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 9 45 •Remove any data or other information from the device that the Customer wishes to destroy or retain prior to sending the device for repair. •If a malfunctioning device must be replaced and the Customer has loaded information for that device to Motorola Solutions’ cloud environment, the Customer will need to remove the information for the malfunctioning device and add information for the replacement device to the applicable cloud environment. LIMITATIONS AND EXCLUSIONS The Customer will incur additional charges at the prevailing rates for any activities that are not included or are specifically excluded from this service scope, as described below. Motorola Solutions will notify the Customer and provide a quotation of any incremental charges related to such exclusions prior to completing the repair and said repair will be subject to Customer’s acceptance of the quotation. •Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, and carrying cases. •Repair of problems caused by: •Natural or manmade disasters, including but not limited to internal or external damage resulting from fire, theft, and floods. •Third-party software, accessories, or peripherals not approved in writing by Motorola Solutions for use with the device. •Using the device outside of the product’s operational and environmental specifications, including improper handling, carelessness, or reckless use. •Unauthorized alterations or attempted repair, or repair by a third party. •Non-remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training. •Problem determination and/or work performed to repair or resolve issues with non-covered products. For example, any hardware or software products not specifically listed on the service order form are excluded from service. •File backup or restoration. •Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered. •Accidental damage, chemical or liquid damage, or other damage caused outside of normal device operating specifications, except if optional Accidental Damage Coverage was purchased. •Cosmetic imperfections that do not affect the functionality of the device. •Software support for unauthorized modifications or other misuse of the device software is not covered. Motorola Solutions is not obligated to provide support for any device that has been subject to the following: •Repaired, tampered with, altered or modified (including the unauthorized installation of any software) — except by Motorola Solutions authorized service personnel. •Subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification. •If the Customer fails to comply with the obligations contained in the Agreement, the applicable software license agreement, and Motorola Solutions terms and conditions of service. DEVICETECHNICALSUPPORT Motorola Solutions’ Device Technical Support service provides telephone consultation for device and accessory issues. Support is delivered through the Motorola Solutions Centralized Managed Support Operations (“CMSO”) organization by a staff of technical support specialists. For Device Technical Support, Motorola Solutions will respond to calls within two (2) hours during the support days. Support hours are 7 a.m. to 7 p.m. CST Monday through Friday, excluding US holidays. In addition, Customers may QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 10 46 contact the Call Management Center (800-MSI-HELP) at any time (24 hours a day, seven days a week) and a Motorola Solutions representative will log a technical request in Motorola Solutions Case Management System on the Customer’s behalf. MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide technical support for devices, assessing and troubleshooting reported issues. •Receive and log Customer support requests, and assign a technical representative to respond to a Customer incident per the defined timeframes. CUSTOMER RESPONSIBILITIES •Use the provided methods to contact Motorola Solutions technical support. •Provide sufficient information to allow Motorola Solutions technical support agents to diagnose and resolve Customer issues. •Provide contact information for field service technicians in the event that Motorola Solutions has to follow up. LIMITATIONS AND EXCLUSIONS •Device support does not include Land Mobile Radio (“LMR”) network, Wi-Fi, and LTE network troubleshooting. Software Maintenance Motorola Solutions is continually developing new features and functionality for our portfolio of public-safety-grade radios. By purchasing software maintenance, the Customer can take advantage of these firmware releases and future-proof their communications investment. MOTOROLA SOLUTIONS RESPONSIBILITIES •Test all firmware releases to minimize software defects. •Announce new firmware releases and post release notes in a timely manner via MyView Portal. •Provide firmware updates. Motorola Solutions makes no guarantees as to the frequency or timing of firmware updates. •Provide upgrade capability through supported Programming Tools. •Provide programming and service tools and technical support through the firmware support window. •Provide documentation via MyView Portal with each release detailing new features, bug fixes, and any known issues. CUSTOMER RESPONSIBILITIES •Periodically check MyView Portal for firmware update announcements. •Keep the radio fleet updated with firmware versions within the support window. MyView Portal Access MyView Portal is the single location to track the status of subscriptions and service contracts, including start and end dates. This portal includes order, RMA, and technical support ticket status, as well as a consolidated download site for software and documentation. Outside of pre-announced maintenance periods, MyView Portal will be available on a best effort 24/7 basis. Motorola Solutions cannot guarantee the availability of Internet networks outside of our control. QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 11 47 MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide a web accessible, secure portal to view the Customer’s data. •Provide the Customer with login credentials for the site. •Provide end-user training for the site. •Provide technical support to answer end user questions between the hours of 8 a.m. to 5 p.m. CST Monday through Friday, excluding US holidays. •Keep the site updated with the latest Customer information. CUSTOMER RESPONSIBILITIES •Provide Motorola Solutions with contact information for administrative users. •Administer user access. •Provide Internet access for users to access the site. •Attend available MyView Portal training. •Protect login information against unauthorized use. •Provide Motorola Solutions with updated equipment information, as needed. QUOTE-3118320Golden Valley N70 XE Nonencrypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 12 48 QUOTE-3118436 GOLDEN VALLEY FIRE DEPT, CITY OF Golden Valley N70 XE Encypted 05/06/2025 The design, technical, pricing, and other information (“Information”) furnished with this submission is conffdential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 49 05/06/2025 GOLDEN VALLEY FIRE DEPT, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 RE: Motorola Quote for Golden Valley N70 XE Encypted Dear Dom Guzman, Motorola Solutions is pleased to present GOLDEN VALLEY FIRE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulffll your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide GOLDEN VALLEY FIRE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Michael Poulos at Michael.Poulos@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Michael Poulos QUOTE-3118436 50 Billing Address: GOLDEN VALLEY FIRE DEPT, CITY OF 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 US Quote Date:05/06/2025 Expiration Date:06/27/2025 Quote Created By: Michael Poulos Michael.Poulos@ motorolasolutions.com End Customer: GOLDEN VALLEY FIRE DEPT, CITY OF Dom Guzman dguzman@goldenvalleymn.gov 1.763.593.8010 Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line # Item Number Description Qty Term List Price Sale Price Ext. Sale Price APX™ N70 APX N70XE 1 H35UCT9PW8AN PORTABLE RADIO APX N70 7/800 MODEL 4.5 14 $5,014.00 $3,610.08 $50,541.12 1a QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US 14 $0.00 $0.00 $0.00 1b H499KC ENH: SUBMERSIBLE (DELTA T) 14 $165.00 $118.80 $1,663.20 1c QA08853AA ADD: CPS ENABLEMENT 14 $0.00 $0.00 $0.00 1d QA09001AM ADD: WIFI CAPABILITY 14 $330.00 $237.60 $3,326.40 1e Q15AK ADD: AES/DES-XL/DES-OFB ENCRYPTION AND ADP 14 $879.00 $632.88 $8,860.32 1f QA02006AG ADD: APX N70 XE M4.5 RUGGED RADIO 14 $770.00 $554.40 $7,761.60 1g H869DB SOFTWARE LICENSE ENH: MULTIKEY 14 $363.00 $261.36 $3,659.04 1h H38DA ADD: SMARTZONE OPERATION 14 $1,320.00 $950.40 $13,305.60 1i Q173CA ADD: SMARTZONE OMNILINK 14 $0.00 $0.00 $0.00 QUOTE-3118436Golden Valley N70 XE Encypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Contract: 20927 - MN DOT 209493 51 Line # Item Number Description Qty Term List Price Sale Price Ext. Sale Price 1j Q361CD ADD: P25 9600 BAUD TRUNKING 14 $330.00 $237.60 $3,326.40 1k Q806CH ADD: ASTRO DIGITAL CAI OPERATION 14 $567.00 $408.24 $5,715.36 1l QA09113AA ADD: BASELINE RELEASE SW 14 $0.00 $0.00 $0.00 2 LSV01S03060A APX N70 DMS ESSENTIAL 14 5 YEARS $343.20 $343.20 $4,804.80 3 PSV01S03059A APX NEXT PROVISIONING WITH CPS 1 $0.00 $0.00 $0.00 4 PMPN4604A CHARGER,CHGR DESKTOP SINGLE UNIT IMPRES 2 EXT US 8 $207.14 $149.14 $1,193.12 5 PMMN4154ABLK XVE500 DIV 1 REMOTE SPEAKER MIC, BLACK WITH KNOB, UL 14 $748.00 $538.56 $7,539.84 Grand Total $111,696.80(USD) Notes: ● The Pricing Summary is a breakdown of costs and does not reflect the frequency at which you will be invoiced. Motorola's quote (Quote Number: ________________ Dated: ____________ ) is based on and subject to the terms andconditions of the valid and executed written contract between Customer and Motorola (the "UnderlyingAgreement") that authorizes Customer to purchase equipment and/or services or license software (collectively"Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola'sStandard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is foundat http://www.motorolasolutions.com/product-terms. The Parties hereby enter into this Agreement as of the Efiective Date. Motorola Solutions, Inc. Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and ServicesTax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will beadded to invoices. QUOTE-3118436Golden Valley N70 XE Encypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 Roslyn Harmon, Mayor Noah Schuchman, City Manager 52 APX N70 PORTABLE RADIO SOLUTION DESCRIPTION OVERIVIEW The APX N70 offers affordable, next generation communications for without compromising P25 interoperability or voice and data quality. It offers a durable design with “pick-up-and- go” functionality, optimizing ease-of-use and focused communications in almost all environments. DURABLE AND EASY TO USE The APX N70 enhances operations with a full color transflective glass display with touch technology for easy operation with gloves on. The touchscreen includes a high velocity user interface with large touch targets, shallow menu hierarchy, home screen information at a glance, and access to integrated apps. Additionally, the N70 offers extended battery life, a shorter antenna, and Bluetooth compatibility with audio accessories, promoting efficient communications between first responders. ESSENTIAL AND SECURE P25 COMMUNICATIONS The APX N70 is certified compliant with P25 standards and supports digital and analog trunking, FDMA and TDMA, and Integrated Voice and Data. P25 communications over the N70 are safe and secure–it offers software and hardware encryption, single- and multi key encryption, and P25 Authentication, protecting communications during daily operations. Reliable Connectivity Using the APX N70 lets first responders stay connected across disparate networks. It can be equipped with LTE, Wi-Fi®, Bluetooth®, and GPS features, bringing future-ready applications, services, and best-in-class connectivity to everyday users. APX N70 radios support 7/800 MHz frequency bands across radio systems with minimal intervention by the radio user. Managing and Provisioning Devices APN N70 provides users greater awareness and faster radio management through Customer Programming Software (“CPS”), Radio Management (“RM”), or the Radio Central programming. These tools transform accurate data into smarter action by enabling dispatchers and network managers to keep radios in the field, make informed operational decisions, and, above all, protect first responders' focus and safety. Customer Programming Service CPS is a proprietary, Windows-based application used to configure APX subscriber radios in offline situations. The CPS application offers drag-and-drop, clone-wizard, and basic import/export functions that allow for the addition of new QUOTE-3118436Golden Valley N70 XEEncypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 5 53 software and feature enhancements. APX N radios can be programmed one-at-a-time on a local PC, via secure USB port connection, with TLS-PSK based encryption. Once loaded, subscriber radios are read, and edited, and copdeplugs and templates can be saved and duplicated to program other fleet radios. Radio Management Batch Programming is available through the RM software for simultaneous programming and upgrading throughout the radio fleet. With Batch Programming, up to 16 radios can be programmed at once over a Wi-Fi connection. This reduces programming time and ensures that the radio fleet is always up-to-date and ready-to-use in the field. Device Management Services Device Management Services (“DMS”) packages provide programming, management, and maintenance services to maximize the effectiveness of this APX N70 solution, while reducing maintenance risk, workload, and total cost of ownership. DMS tackles a range of customer needs, whether the solution is self-maintained or managed by Motorola Solutions. Using Motorola Solutions’ cloud-based Radio Central Programming, APX N70 supports faster provisioning and deployment to get devices in the hands of first responders and out into the field. Parameters such as talk groups, interface options, and security keys can be programmed remotely within minutes. The DMS package provides access to batch programming with Radio Central Programming or one-at-a-time basic programming with Customer Programming Service, described below. Radio Central Radio Central Programming streamlines the APX N70 out-of-the-box experience with a few simple steps. Users will power on the device and view a boot-up animation. Status bar icons on the front display indicate when a connection is made and an update download is initiated. If the APN N70 device is being started for the first time, a “peek-in” device management notification will indicate that the default configuration is detected. When the update download is complete, the device reboots and installs the update. When the install is complete, the device goes back to the full home screen and notifies the user that the update is complete. From power on to provisioning, the process takes less than a minute. For Encryption and Authentication users, a KVL needs to be connected to the radio to use those services. APX N70 also features Touchless Key Provisioning (“TKP”), leveraging Radio Central and Key Management Facility to add encryption keys remotely. This streamlined, one-time process reduces the time and effort spent enabling encryption. TKP delivers the initial encryption keys to APN N70 radios. Users can provision encryption on one radio or on batches of radios, further speeding up the encryption process for radio fleets. The figure below illustrates APX N70’s faster provisioning process. QUOTE-3118436Golden Valley N70 XEEncypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 6 54 QUOTE-3118436Golden Valley N70 XEEncypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 7 55 APX N-SERIES DEVICE MANAGEMENT SERVICES - ESSENTIAL STATEMENT OF WORK OVERVIEW Device Management Servces (“DMS”) efficiently maintains the Customer’s device fleet while helping to keep devices up-to-date and fully operational in the field. DMS Essential services provide basic hardware and software support. This Statement of Work (“SOW”), including all of its subsections and attachments is an integral part of the applicable agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and Customer (“Customer”). In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this SOW, this SOW will control as to the inconsistency only. The SOW applies to the device specifically named in the Agreement. HARDWAREREPAIR Hardware Repair provides repair coverage for internal and external device components that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. The device will be repaired to bring it to compliance with its specifications, as published by Motorola Solutions at the time of delivery of the original device. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version. MOTOROLA SOLUTIONS RESPONSIBILITIES •Repair or replace malfunctioning device, as determined by Motorola Solutions. •Complete repair or replacement with a turnaround time of five business days in-house, provided the device is delivered to the repair center by 9:00 a.m. (local repair center time). Turnaround time represents thetime a product spends in the repair process, and does not include time in transit to and from the Customer’s site. Business days do not include US holidays or weekends. •If applicable, apply periodically-released device updates, in accordance with an Engineering Change Notice. •Provide two-way air shipping when a supported Motorola Solutions electronic system, such as MyView Portal, is used to initiate a repair. A shipping label will be generated via the electronic system. CUSTOMER RESPONSIBILITIES •For non-contiguous renewals, Customer must provide a complete list, preferably in electronic format, of all hardware serial numbers to be covered under the Agreement to Motorola Solutions. •Initiate device repairs, as needed. •When initiating a repair via a supported Motorola Solutions electronic system, label each package correctly with the shipping label and Return Material Authorization (“RMA”) number generated by the electronic system. •When initiating a repair via paper Return Material Form (“RMF”), the RMF must be completed for each device, included in the package with the device, and shipped to the Motorola Solutions depot specified on the RMF. QUOTE-3118436Golden Valley N70 XEEncypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 8 56 •Remove any data or other information from the device that the Customer wishes to destroy or retain prior to sending the device for repair. •If a malfunctioning device must be replaced and the Customer has loaded information for that device to Motorola Solutions’ cloud environment, the Customer will need to remove the information for the malfunctioning device and add information for the replacement device to the applicable cloud environment. LIMITATIONS AND EXCLUSIONS The Customer will incur additional charges at the prevailing rates for any activities that are not included or are specifically excluded from this service scope, as described below. Motorola Solutions will notify the Customer and provide a quotation of any incremental charges related to such exclusions prior to completing the repair and said repair will be subject to Customer’s acceptance of the quotation. •Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, and carrying cases. •Repair of problems caused by: •Natural or manmade disasters, including but not limited to internal or external damage resulting from fire, theft, and floods. •Third-party software, accessories, or peripherals not approved in writing by Motorola Solutions for use with the device. •Using the device outside of the product’s operational and environmental specifications, including improper handling, carelessness, or reckless use. •Unauthorized alterations or attempted repair, or repair by a third party. •Non-remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training. •Problem determination and/or work performed to repair or resolve issues with non-covered products. For example, any hardware or software products not specifically listed on the service order form are excluded from service. •File backup or restoration. •Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered. •Accidental damage, chemical or liquid damage, or other damage caused outside of normal device operating specifications, except if optional Accidental Damage Coverage was purchased. •Cosmetic imperfections that do not affect the functionality of the device. •Software support for unauthorized modifications or other misuse of the device software is not covered. Motorola Solutions is not obligated to provide support for any device that has been subject to the following: •Repaired, tampered with, altered or modified (including the unauthorized installation of any software) — except by Motorola Solutions authorized service personnel. •Subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification. •If the Customer fails to comply with the obligations contained in the Agreement, the applicable software license agreement, and Motorola Solutions terms and conditions of service. DEVICETECHNICALSUPPORT Motorola Solutions’ Device Technical Support service provides telephone consultation for device and accessory issues. Support is delivered through the Motorola Solutions Centralized Managed Support Operations (“CMSO”) organization by a staff of technical support specialists. For Device Technical Support, Motorola Solutions will respond to calls within two (2) hours during the support days. Support hours are 7 a.m. to 7 p.m. CST Monday through Friday, excluding US holidays. In addition, Customers may QUOTE-3118436Golden Valley N70 XEEncypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 9 57 contact the Call Management Center (800-MSI-HELP) at any time (24 hours a day, seven days a week) and a Motorola Solutions representative will log a technical request in Motorola Solutions Case Management System on the Customer’s behalf. MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide technical support for devices, assessing and troubleshooting reported issues. •Receive and log Customer support requests, and assign a technical representative to respond to a Customer incident per the defined timeframes. CUSTOMER RESPONSIBILITIES •Use the provided methods to contact Motorola Solutions technical support. •Provide sufficient information to allow Motorola Solutions technical support agents to diagnose and resolve Customer issues. •Provide contact information for field service technicians in the event that Motorola Solutions has to follow up. LIMITATIONS AND EXCLUSIONS •Device support does not include Land Mobile Radio (“LMR”) network, Wi-Fi, and LTE network troubleshooting. Software Maintenance Motorola Solutions is continually developing new features and functionality for our portfolio of public-safety-grade radios. By purchasing software maintenance, the Customer can take advantage of these firmware releases and future-proof their communications investment. MOTOROLA SOLUTIONS RESPONSIBILITIES •Test all firmware releases to minimize software defects. •Announce new firmware releases and post release notes in a timely manner via MyView Portal. •Provide firmware updates. Motorola Solutions makes no guarantees as to the frequency or timing of firmware updates. •Provide upgrade capability through supported Programming Tools. •Provide programming and service tools and technical support through the firmware support window. •Provide documentation via MyView Portal with each release detailing new features, bug fixes, and any known issues. CUSTOMER RESPONSIBILITIES •Periodically check MyView Portal for firmware update announcements. •Keep the radio fleet updated with firmware versions within the support window. MyView Portal Access MyView Portal is the single location to track the status of subscriptions and service contracts, including start and end dates. This portal includes order, RMA, and technical support ticket status, as well as a consolidated download site for software and documentation. Outside of pre-announced maintenance periods, MyView Portal will be available on a best effort 24/7 basis. Motorola Solutions cannot guarantee the availability of Internet networks outside of our control. QUOTE-3118436Golden Valley N70 XEEncypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 10 58 MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide a web accessible, secure portal to view the Customer’s data. •Provide the Customer with login credentials for the site. •Provide end-user training for the site. •Provide technical support to answer end user questions between the hours of 8 a.m. to 5 p.m. CST Monday through Friday, excluding US holidays. •Keep the site updated with the latest Customer information. CUSTOMER RESPONSIBILITIES •Provide Motorola Solutions with contact information for administrative users. •Administer user access. •Provide Internet access for users to access the site. •Attend available MyView Portal training. •Protect login information against unauthorized use. •Provide Motorola Solutions with updated equipment information, as needed. QUOTE-3118436Golden Valley N70 XEEncypted Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 11 59 5/29/2025 To: Motorola Solutions, Inc. 500 W Monroe Street Chicago, IL 60661 Re: Notice to Proceed for Motorola Solutions Equipment Purchase This letter serves as authorization for Motorola to place an order for the communications equipment on the attached sheet for a purchase price of $263,658.76. The City of Golden Valley agrees to pay Motorola Solutions for the equipment “Net 30 days upon shipment” to: The City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 When Motorola Solutions invoices The City of Golden Valley the invoice should reference QUOTE-3118320 and be sent to The City of Golden Valley Finance Department at the following address: The City of Golden Valley Finance Department 7800 Golden Valley Rd Golden Valley, MN 55427 For taxation purposes, even if tax-exempt, the equipment sold to The City of Golden Valley will ultimately reside at the following address: The City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 Payments can be authorized solely on this document. I submit that I am a duly authorized official of our entity and that my signature makes this a legal and binding document and that funding has been encumbered for this order. If you have any questions regarding this order, please feel free to contact Michael Poulos at michael.poulos@motorolasolutions.com or 312-520-3908. Sincerely, By: _________________________ _________________________ Roslyn Harmon, Mayor Noah Schuchman, City Manager 60 5/29/2025 To: Motorola Solutions, Inc. 500 W Monroe Street Chicago, IL 60661 Re: Notice to Proceed for Motorola Solutions Equipment Purchase This letter serves as authorization for Motorola to place an order for the communications equipment on the attached sheet for a purchase price of $111,696.80. The City of Golden Valley agrees to pay Motorola Solutions for the equipment “Net 30 days upon shipment” to: The City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 When Motorola Solutions invoices The City of Golden Valley the invoice should reference QUOTE-3118436 and be sent to The City of Golden Valley Finance Department at the following address: The City of Golden Valley Finance Department 7800 Golden Valley Rd Golden Valley, MN 55427 For taxation purposes, even if tax-exempt, the equipment sold to The City of Golden Valley will ultimately reside at the following address: The City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 Payments can be authorized solely on this document. I submit that I am a duly authorized official of our entity and that my signature makes this a legal and binding document and that funding has been encumbered for this order. If you have any questions regarding this order, please feel free to contact Michael Poulos at michael.poulos@motorolasolutions.com or 312-520-3908. Sincerely, By: _________________________ _________________________ Roslyn Harmon, Mayor Noah Schuchman, City Manager 61 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3D.1. Adopt Resolution No. 25-051 Accepting Various Donations for Assistant Chief, Rudy Perez to Attend the Out-Of-State National Association of School Resource Officers Conference Prepared By Brittany Froberg, Police Support Services Supervisor Brittany Froberg, Police Support Services Supervisor Summary NASRO, the gold standard in school-based law enforcement training, is a not-for-profit organization founded in 1991 for school-based police, school administrators, and school security and/or safety professionals who work as partners to protect schools and their students, faculty, and staff members. SRO programs across the globe are founded as collaborative efforts by police agencies, law enforcement officers, educators, students, parents, and communities. The goal of NASRO and SRO programs is to provide safe learning environments, provide valuable resources to school staff members, foster a positive relationship with students and develop strategies to resolve problems that affect our youth with the goal of protecting all children, so they can reach their fullest potential. The National Association of School Resource Officers (NASRO) is dedicated to making schools and children safer by providing the highest quality training to school-based law enforcement officers. For the past seven years, Assistant Chief, Rudy Perez has served as a member of the National Association Executive Board in the roles of president, vice president, and senior advisor. AC Perez has dedicated countless hours annually to continue to help develop policies and organizational standards for school safety nationwide. NASRO hosts an annual conference that attracts close to 3000 professionals (police and school administrators) from across the world each year, and AC Perez would like to continue to attend to help develop those policies and standards, be a mentor to other agencies, and to expand his knowledge in different forms and areas. Financial or Budget Considerations These contributions allow the City to use training budgets for other professional development opportunities and provide a net benefit to the City and department. Legal Considerations None Equity Considerations None 62 Recommended Action Motion to adopt Resolution No. 25-051 accepting various donations for Assistant Chief, Rudy Perez to attend the National Association of School Resource Officer Conference to continue to help develop policies and organizational standards for school safety nationwide. Supporting Documents Resolution No. 25-051 - Accepting Various Donations for Police Department Staff to Attend Out- Of-State Conference and Trainings 63 RESOLUTION NO. 25-051 RESOLUTION ACCEPTING VARIOUS DONATIONS FOR POLICE DEPARTMENT STAFF TO ATTEND OUT-OF-STATE CONFERENCE AND TRAININGS WHEREAS, the City Council adopted Resolution No. 04-20 on 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by Resolution and be approved by a two-thirds majority of the Council. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley: 1. Accepts $1,295.37 from the National Association of School Resource Officers Conference In Texas July 4-12 2025. For conference registration, airfare and logging. Adopted by the City Council of the City of Golden Valley, Minnesota on this 17th day of June 2025. ______________________________ Roslyn Harmon, Mayor ATTESTED: ______________________________ Theresa Schyma, City Clerk 64 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3E. Adopt Resolution No. 25-052 Approving Preliminary Plat for 4707 Circle Down Prepared By Jacquelyn Kramer, Senior Planner Summary The City of Golden Valley Housing and Redevelopment Authority (HRA) seeks City Council approval for a preliminary plat for the property at 4707 Circle Down. The change would allow for the eventual construction of a single-family home. Financial or Budget Considerations Land use entitlements for properties in the Home Ownership for Program for Equity (HOPE) are funded by the HRA levy. 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. 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 Resolution No. 25-052 approving preliminary plat for 4707 Circle Down based on the findings in the staff report. Supporting Documents Staff Memo Resolution No. 25-052 - Approval of Preliminary Plat Project Plans 65 Date: June 5, 2025 To: Golden Valley City Council From: Kendra Lindahl, Consulting Planner Subject: Preliminary Plat for 4707 Circle Down SUMMARY The City acquired land at 4707 Circle Down from the Minnesota Department of Transportation (MnDOT). This was land that was no longer needed by MnDOT. In 2023, the City Council approved the comprehensive plan amendment to designate the property as Low Density Residential on the Future Land Use Plan and the zoning map amendment to zone the property Single Family Residential (R-1) to allow for development of a single family home. MEETING DATE(S) Neighborhood Meeting: March 31, 2025 Planning & Zoning Commission: April 14, 2025 Planning & Zoning Commission: May 28, 2025 City Council: June 17, 2025 PROJECT INFORMATION Applicant: City of Golden Valley Property owner: (Same) Lot size: 0.91 acres Future land use designation: Low Density Residential Zoning district: R-1 (Single Family Residential) Existing use: Vacant Proposed use: Single 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 and east. Highway 100/I-394 interchange to the west and south. v v Figure 1 - Aerial Location Map (2018 Hennepin County) 66 PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on April 14th to review this item. There were residents present to speak in support of this item. During the discussion, the Commission asked why this site was not proposed to be rezoned to R-2 and proposed for a two-family home. Staff noted that the current request is for a single family home on this lot. Following the Planning Commission meeting, staff evaluated the potential for a two-family home on this site and due to the size and shape of the lot, a standard two-family home would not be able to comply with the lot standards. 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 5-0-1 (Cohen abstained) to recommend approval of the preliminary plat. Due to an error in the public hearing notice, staff resent the public hearing notices and held a new public hearing on May 28, 2025. There was no one present to speak on this item. The Planning Commission voted 5-0-1 (Cohen abstained) to recommend approval of the preliminary plat. PLANNING ANALYSIS Level of Discretion in Decision Making 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. Preliminary Plat The land is proposed to be platted as a single parcel (Lot 1, Block 1, Hope Addition) for development of a single family detached home. The City has not entered into a purchase agreement with a builder on this lot. The plat shows that a home could be built on the lot in compliance with ordinance requirements, however, as part of a building permit application, the builder would need to provide an updated site plan showing compliance with all ordinance requirements. The concept plan sho ws that the lot would exceed the dimensional requirements for the R-1 district as shown in the table below: 67 R-1 Standards Lot 1 Lot Size 10,000 sq. ft. 39,590 sq. ft. Lot Width (measured at setback) 80 ft. 256.10 ft. Front Setback* 35 ft. 35.4 Side Setback 15 ft. (varies) N/A Rear Setback 25 ft. 55.8 ft. Maximum Impervious 50% 9.9% Coverage Maximum 40% 9.1% *This site has three frontages. “The front lot line shall be the boundary of a lot which is along an existing or dedicated street. In the case of a corner lot, any lot line along an existing or dedicated street shall be considered a front lot line.” 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. 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 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. 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 preliminary plat, staff would prepare the final plat for City Council approval at the July 1, 2025 meeting. REQUESTED ACTION Move approval of the Preliminary Plat for Hope Addition, as recommended by the Planning Commission. 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 68 RESOLUTION NO. 25-052 RESOLUTION FOR APPROVAL OF PRELIMINARY PLAT FOR HOPE ADDITION WHEREAS, the City of Golden Valley, Applicant, has requested approval of a preliminary plat for “Hope Addition” covering the following described tracts of land: Lot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. AND That part of Tract A described below: Tract A. Lots 1, 3 and 4, Block 1, Moshou 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 northerly of Line 1 described below: Line 1. Commencing at the East Quarter corner of Section 30, Township 29 Nort h, Range 24 West; thence westerly on an azimuth of 271 degrees 21 minutes 02 seconds along the east and west quarter line thereof for 2652.57 feet to the center of said Section 30; thence on an azimuth of 00 degrees 21 minutes 23 seconds for 701.35 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 284 degrees 30 minutes 39 seconds for 34.03 feet; thence on an azimuth of 230 degrees 05 minutes 25 seconds for 2.96 feet; thence on an azimuth of 230 degrees 01 minute 59 seconds for 14.00 feet; thence on an azimuth of 320 degrees 01 minute 50 seconds for 130.14 feet; thence on an azimuth of 319 degrees 50 minutes 03 seconds for 144.27 feet; thence on an azimuth of 320 degrees 28 minutes 03 seconds for 168.10 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. This property was previously the site of a single family home. The City finds that park dedication was previously satisfied and no park dedication is due with this plat. 4. The City Attorney will complete the title review prior to approval of the final plat. 69 Resolution No. 25-052 June 17, 2025 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 17th day of June, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 70 71 72 73 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>LINE 1POINT OF BEGINNINGLINE 1AZ=000°21'16" N00°21'16"E 701.35 [00°21'23"]AZ=284°30'32"N75°29'28"W 34.03AZ=230°05'18"S50°05'18"W 2.96AZ=230°01'52"AZ=320°01'43"AZ=319°49'56"AZ=320°27'56"N39°32'04"W 168.10[284°30'39"][230°05'25"][230°01'59"][320°01'50"][320°50'03"][320°28'03"]ΔN39°32'04"W 81.43N40°10'04"W 144.16N39°58'17"W 57.42L=55.52 R=55.00Δ=57°50'32"C .BRG=S17°29'36"W L=56.28R=70.00Δ=46°03'57"165.28 114.61 220.1335.9750 50 33333333333330 30 30(RIGHT OF WAY WIDTH VARIES)OTTAWA AVENUE SOUTHNATCHEZ AVE. S LOT 1BLOCK 1(NOT ON N-S SECTION LINE)[284°30 ' 39" ] [230°05' 2 5 " ]SEE DETAIL10 10 10 10 1010 DRAINAGE AND UTILITY EASEMENT166.22137.87 N40°23'55"W 188.6943.08S89°06'36"WOWNER: M T & M A CAULFIELDOWNER: BETTINA WILCOX REVOC TRUSTOWNER: P & C FARELLOWNER: BAILEY & PER RUFFOWNER: DALE HILLMANOWNER: A G & J R HARDY 35' SETBACK35' SETBACKPROPOSED 1 STORY HOUSETOP OF FOUNDATION = 870.0GARAGE20.0026.00 20.008.00 40.0034.00 14.008.0026.00COVERED PORCH8.00 35.5 35.5 35.435.455 . 8 868868868870868.5X866869.5869.57.9%2.0%2.0%3.3%3.3%WALL MAINTENANCE EASEMENTPER DOC. NO. A103885211414 14 PROPOSED CONC. WALKCENTER OF SECTION 30,TOWNSHIP 29N, RANGE 24WEAST 1/4 CORNER OF SECTION 30,TOWNSHIP 29N, RANGE 24WEAST-WEST QUARTER LINEAZ=271°20'55"N88°39'05"W 2652.57AZ=230°05'18"S50°05'18"W 2.96 0.10AZ=284°30'32"N75°29'28"W 34.03LOT 1BLOCK 1NATCHEZ AVE S [284°30'39"][230°05'25"]PROJECT 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 HISTORYFrom Site to Finish105 South Fifth AvenueSuite 513Minneapolis, MN 55401Tel: 612-252-9070Fax: 612-252-9077Web: landform.netCITY OF GOLDENVALLEYHOPE ADDITIONGOLDEN VALLEY, MINNESOTACGV24026PRELIMINARYPLATPRECGV026 47XX CD.dwgPROPERTY ADDRESSIRON MONUMENT FOUNDRESTRICTED ACCESSTREE DRIP LINE962EXISTING CONTOURBUILDING SETBACK LINEEXISTING DESCRIPTIONSITE SYMBOLS962.3962PROPOSED CONTOURPROPOSED SPOT ELEVATIONDRAINAGE DIRECTION4707 CIRCLE DOWN, GOLDEN VALLEY, MINNESOTAPROPERTY DESCRIPTIONLot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the County Recorder in and forHennepin County, Minnesota.ANDThat part of Tract A described below:Tract A. Lots 1, 3 and 4, Block 1, Moshou Addition, according to the plat thereof on file and of record in the office of the CountyRecorder in and for Hennepin County, Minnesota; which lies northerly of Line 1 described below:Line 1. Commencing at the East Quarter corner of Section 30, Township 29 North, Range 24 West; thence westerly on an azimuthof 271 degrees 21 minutes 02 seconds along the east and west quarter line thereof for 2652.57 feet to the center of said Section30; thence on an azimuth of 00 degrees 21 minutes 23 seconds for 701.35 feet to the point of beginning of Line 1 to be described;thence on an azimuth of 284 degrees 30 minutes 39 seconds for 34.03 feet; thence on an azimuth of 230 degrees 05 minutes 25seconds for 2.96 feet; thence on an azimuth of 230 degrees 01 minute 59 seconds for 14.00 feet; thence on an azimuth of 320degrees 01 minute 50 seconds for 130.14 feet; thence on an azimuth of 319 degrees 50 minutes 03 seconds for 144.27 feet;thence on an azimuth of 320 degrees 28 minutes 03 seconds for 168.10 feet and there terminating.SURVEY NOTES1. Existing conditions and topography shown per Preliminary Plat dated 2023-05-31 and preformed by Stonebrooke Engineering,Inc. Project No. 01108.2. 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 (2011Adjustment).4. The surveyor does not guarantee, in writing or assumed, that the utilities as shown are in the exact location. No excavationwas performed to locate the underground utilities.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 LeSavageDEVELOPERCITY OF GOLDEN VALLEY, MINNESOTA7800 GOLDEN VALLEY ROAD, GOLDEN VALLEY, MN55427TOTAL = 39590 SF (0.91 AC)PROPOSEDLOT 1, BLOCK 1 = 25,763 SF (0.59 AC)NATCHEZ AVE S = 2,830 SF (0.06 AC)OTTAWA AVE S = 10,997 SF (0.25 AC)CATCH BASINWATER VALVEELECTRIC METERHYDRANTMAILBOXMANHOLESIGNDECIDUOUS TREECONIFEROUS TREEUTILITY PEDESTALOVERHEAD UTILITY LINEEXISTING DESCRIPTIONSITE SYMBOLS (BY OTHERS)DECIDUOUS TREETO BE REMOVEDARE SHOWN THUS:DRAINAGE AND UTILITY EASEMENTSBEING 10 FEET IN WIDTH AND ADJOINING LOTLINES AND RIGHT OF WAY LINES10(NOT TO SCALE)101010NORTHNO SCALEVICINITY MAPSITEGLENWOOD AVEHWY 100INTERSTATE 394COLONIAL DRNATCHEZ AVE SWAYZATA BLVDDOUGLAS DR NSUNSET RDGOTTAWA AVE SWESTWOOD DR SMEADOW LN SPARKVIEW TERWAYZATA BLVDUTICA AVE STYROL TRLDOUGLAS AVENORTHNO SCALEDETAILNORTH0 20 40 D R A F T AREASZONING & SETBACKSZONING: R-1MINIMUM WIDTH AT FRONT SETBACK = 80 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 COVERAGETOTAL LOT AREA = 19,997 SFBUILDABLE AREA = 6,665 SFPROPOSED BUILDING AREA = 1,828 SFPROPOSED LOT COVERAGE= 9.1%PROPOSED IMPERVIOUS SURFACE CALCULATIONSTOTAL AREA =25763 S.F.PROPOSED HOUSE1828 S.F.PROPOSED DRIVEWAY639 S.F.PROPOSED WINDOW WELLS30 S.F.PROPOSED CONC. WALK60 S.F.TOTAL IMPERVIOUS SURFACE2557 S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE 9.9%74 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session June 17, 2025 Agenda Item 3F. Adopt Resolution Nos. 25-053, 25-054 and Ordinance No. 798 Approving Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 504 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 504 Lilac Drive North: 1. Comprehensive plan amendment re-guiding the property from Right-of-Way to Low Density Residential 2. Rezone the property to R-1 Single Family Residential 3. Preliminary plat for Hope Second Addition The proposed changes would allow the construction of one single family home on the property. Financial or Budget Considerations Land use entitlements for properties in the Home Ownership for Program for Equity (HOPE) are funded by the HRA levy. 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. 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 Resolution Nos. 25-053, 25-054 and Ordinance No. 798 approving comprehensive 75 plan amendment, rezoning, and preliminary plat for 504 Lilac Drive based on the findings in the staff report. Supporting Documents Staff Memo 504 Lilac Email Comment Resolution No. 25-053 - Approving Comprehensive Plan Amendment - Future Land Use Map - 504 Lilac Drive Ordinance No. 798 - Zoning Map Amendment and Rezoning Property - 504 Lilac Drive Resolution No. 25-054 - Approval of Preliminary Plat - 504 Lilac Drive - HOPE 2nd Addition Project Plans 76 Date: June 5, 2025 To: Golden Valley City Council From: Kendra Lindahl, Consulting Planner Subject: Comprehensive Plan Amendment, Rezoning and Preliminary Plat for 504 Lilac Drive SUMMARY The City acquired land at 504 Lilac Drive North from the Minnesota Department of Transportation (MnDOT). This was land that was no longer needed by MnDOT. The HRA is now proposing to designate the property as Low Density Residential on the Future Land Use Plan and the zoning map amendment to zone the property Single Family Residential (R-1) to allow for development of a single family home. MEETING DATE(S) Neighborhood Meeting: March 31, 2025 Planning & Zoning Commission: April 14, 2025 Planning & Zoning Commission: May 28, 2025 City Council: June 17, 2025 PROJECT INFORMATION Applicant: City of Golden Valley Housing and Redevelopment Authority (HRA) Property owner: (Same) Lot size: 0.46 acres Future land use designation: Right-Of-Way Zoning district: Not Zoned Existing use: Vacant Proposed use: Single 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 and east. Highway 100/I-394 interchange to the west and south. v v Figure 1 - Aerial Location Map 77 PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on April 14, 2025, to review this item. There were residents present to speak on this item both in support and in opposition to the project. During the discussion, the Commission asked why this site was not proposed to be rezoned to R-2 and proposed for a two family home. Staff noted that the current request is for a single family home on this lot. Following the Planning Commission meeting, staff evaluated the potential for a two family home on this site and due to the size and shape of the lot, a standard two family home would not be able to comply with the lot standards. 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, rezoning to R-1, and the preliminary plat. Due to an error in the public hearing notice, staff resent the public hearing notices and held a new public hearing on May 28, 2025. Several residents were present to speak in opposition to this item. The Planning Commission voted 5-0-1 (Hill abstained) to recommend approval of the comprehensive plan amendment, rezoning to R-1, and 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 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 HRA 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 78 reclassification is required for the land to be developed. 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. 79 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. Zoning Map Amendment The HRA is requesting that this 0.46-acre parcel be rezoned to R-1 (Single Family Residential) to allow for construction of a single family home. 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-1 district as follows: The purpose of the Single-Family Residential (R-1) Zoning District is to provide for detached single-family dwelling units at a low density along with directly related and complementary uses. State law requires the zoning district to be compatible with the land use designation. The R-1 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.” 80 Subdivision The land is proposed to be platted as a single parcel (Lot 1, Block 1, Hope Second Addition) for development of a single family home. The HRA has not entered into a purchase agreement with a builder on this lot. The plat shows that a home could be built on the lot in compliance with the ordinance requirements, however, as part of a building permit application, the builder would need to provide an updated site plan showing compliance with all ordinance requirements. The concept plan shows that the lot would exceed the dimensional requirements for the R-1 district as shown in the table below: R-1 Standards Lot 1 Lot Size 10,000 sq. ft. 19,997 sq. ft. Lot Width (measured at setback) 80 ft. 283.79 ft. Front Setback 35 ft. 35.4 Side Setback 15 ft. (varies) 15 ft. Rear Setback 25 ft. 28.7 ft. Maximum Impervious 50% 13.3% Coverage Maximum 40% 9.1% 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, staff received one email in opposition to the proposed changes. Please see the email attached to this staff report . 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. 81 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. The R-1 zoning is consistent with the surrounding properties. c. Rezoning the property allow redevelopment of the property as a single family home, which is consistent with the surrounding properties. d. Rezoning to R-1 allows redevelopment of the site w, 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. 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. NEXT STEPS The Subdivision Ordinance (Chapter 109) prohibits concurrent review of the preliminary plat and final plat. Following approval of the comprehensive plan amendment, rezoning and preliminary plat, staff would prepare the final plat for City Council approval at the July 1, 2025 meeting. REQUESTED ACTION Move approval of the following as recommended by 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-1 and 3. Preliminary Plat for Hope Second Addition. 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 82 Hello, I am unable to make comments as I’m not able to gain access via the call in 872.256.4160. I live at 355 Clover Lane, and am strongly concerned that this house would become a rental with several cars in the area and possibly not “family oriented” . And I agree with the Wilson’s as it would lower the value of our neighborhood in general, which already took a hit when Hwy 100 was widened. The three homes you mention, were removed there was much more property available. The segregation comment is valid, even though we do have a diverse neighborhood. Safety is an issue as well because the sidewalks and traffic on that frontage road is not conducive for walking. I strongly disagree with the proposed development of this parcel. It feels like you’re trying to check a box and plop something down on a random vacant land that doesn’t fit with the neighborhood. I may write more later. Michelle Tufts 612.207.5233 83 RESOLUTION NO. 25-053 RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN’S FUTURE LAND USE PLAN MAP DESIGNATING THE LAND AT 504 LILAC DRIVE 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 Tracts A and B described below: Tract A. Lot 5, Block 2, Clover Leaf Terrace, 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 as evidenced by Certificate of Title No. 1440913; Tract B. Lots 4 and 6, Block 2, Clover Leaf Terrace, 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 easterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B15 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the Registrar of Titles and the office of the County Recorder in and for said County; thence northwesterly on an azimuth of 307 degrees 28 minutes 20 seconds along the boundary of said plat for 147.65 feet to Right of Way Boundary Corner B14 and the point of beginning of Line 1 to be described; thence on an azimuth of 193 degrees 46 minutes 00 seconds for 62.25 feet; thence on an azimuth of 181 degrees 09 minutes 03 seconds for 232.56 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, 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 504 Lilac Drive as Low Density Residential. 84 Resolution No. 25-053 June 17, 2025 Adopted by the City Council this 17th day of June, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 85 ORDINANCE NO. 798 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING THE ZONING MAP AND REZONING PROPERTY AT 504 LILAC DRIVE 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 504 Lilac Drive to R-1 (Single Family Residential). Section 2. The tracts of land affected by this ordinance are legally described as: That part of Tracts A and B described below: Tract A. Lot 5, Block 2, Clover Leaf Terrace, 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 as evidenced by Certificate of Title No. 1440913; Tract B. Lots 4 and 6, Block 2, Clover Leaf Terrace, 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 easterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B15 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the Registrar of Titles and the office of the County Recorder in and for said County; thence northwesterly on an azimuth of 307 degrees 28 minutes 20 seconds along the boundary of said plat for 147.65 feet to Right of Way Boundary Corner B14 and the point of beginning of Line 1 to be described; thence on an azimuth of 193 degrees 46 minutes 00 seconds for 62.25 feet; thence on an azimuth of 181 degrees 09 minutes 03 seconds for 232.56 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 17th day of June, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 86 RESOLUTION NO. 25-054 RESOLUTION FOR APPROVAL OF PRELIMINARY PLAT FOR HOPE SECOND ADDITION WHEREAS, the City of Golden Valley Housing and Redevelopment Authority (HRA), Applicant, has requested approval of a preliminary plat for “Hope Second Addition” covering the following described tracts of land: That part of Tracts A and B described below: Tract A. Lot 5, Block 2, Clover Leaf Terrace, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin Count y, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 1440913; Tract B. Lots 4 and 6, Block 2, Clover Leaf Terrace, 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 easterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B15 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of the Registrar of Titles and the office of the County Recorder in and for said County; thence northwesterly on an azimuth of 307 degrees 28 minutes 20 seconds along the boundary of said plat for 147.65 feet to Right of Way Boundary Corner B14 and the point of beginning of Line 1 to be described; thence on an azimuth of 193 degrees 46 minutes 00 seconds for 62.25 feet; thence on an azimuth of 181 degrees 09 minutes 03 seconds for 232.56 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. This property was previously the site of a single family home. The City finds that park dedication was previously satisfied and no park dedication is due with this plat. 4. The City Attorney will complete the title review prior to approval of the final plat. 87 Resolution No. 25-054 June 17, 2025 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 17th day of June, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 88 89 90 91 92 93 C-D C-D C-D C-D C-DC-DHFFFFFFFCCCCCG G G G G G G G G G G G G G G G G G G G G G G G G XXXXXXX XXXOUXX OU OU OU OU OU OU OU OU OU OU OU OU OU OU OU OU OU OU OUXXXXXXXXXXXXXXXXX X X X X XXXXNO PARKING BLOCKRET WALLCHAIN LINK FENCEWOODSHEDCH A I N L I N K F E N C EWOOD RET WALLWOO D S H E DSTOP &ADDRESSWOODPLANTERBOXWOVEN WIRE FENCEWOOD EDGINGWOOD PILE HOLDERWOVEN WIRE FENCEAROUND GARDEN &WOOD EDGINGWOOD PILEHOLDERTIMBERSWOVEN WIRE FENCECHAIN LINK FENCEROCK CHIPS& TRIMPLANTS, & TRIMROCKEDGINGHORSE FENCECONBITBITBITBITCONCRETEBITCONG-DG-D G-D CENTERPOINT8 IN. STEELC-D C-D C-D C-D C-D C-D C-D C-D C-D C-D C- D C-D C-D C- D C- D C- D CENTURYLINKCENTURYLINKCENTURYLINKSSSSSSSS S S S S S S S S SDDWWWWWWWWWWWWW W WWWWlll>>>>lll>>>>lll>>>>lll>>>>>>D D D D DDDDDDDDDDDDDDMULCH,BACK OF CURBLIP OF CURBBACK OF CURBLIP OF CURBE-DE-DE-DE-DE-DXCELBACK OF CURB LIP OF CURBBACK OF CURBSDW SSSWOWNER: P C & R N WILSONPID: 1902924320019OWNER: AMY B ALCH REVOCABLE TRUSTPID: 1902924320024OWNER: C HEAD & R I-K U HEADPID: 1902924320032ooooooooooooooooooLINE 1FOUND IRON #10535 (RIGHT OFWAY MONUMENT B15 AS SHOWNON MINNESOTA DEPARTMENT OFTRANSPORTATION RIGHT OF WAYPLAT NO. 27-103)AZ=307°28'20"AZ=193°46'00"FOUND RIGHT OF WAYMONUMENT B14 ANDPOINT OF BEGINNINGOF LINE 1AZ=181°09'03"S01°09'03"W 232.56 FOUND IRONLS #46166FOUND MAG NAILLS #46166FOUND IRON1/2 OPEN (B17)FOUND IRONPINCH TOPFOUND RIGHT OF WAYMONUMENT B1674.6 6 75.10 187.00S45°00'51"W5555DRAINAGE AND UTILITYEASEMENT PER PLAT OF CLOVERLEAF TERRACE(RIGHT OF WAY WIDTH VARIES)(RIGHT OF WAY WIDTH VARIES) 60 MNDOT MONUMENTPR O P O S E D 1 S T O R Y H O U S E TO P O F F O U N D A T I O N = 8 8 4 . 0 GARAGE COV E R E D P O R C H 883.5 7.5%34.014. 08.026. 08.020.026.020. 0 8.040. 0 15. 0 15. 0 28.735.4LOT 1BLOCK 1876878 876878876874878880882 882 880 880884882 880882882880878876874883 . 5 883 . 5 879.0882880882880 983.0xWI N D O W W E L L PROPOSED CONC. WALKPROJECT 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 SECONDADDITIONGOLDEN VALLEY, MINNESOTACGV24026PRELIMINARYPLATPRECGV026 504 LILAC.dwgPROPERTY ADDRESSIRON MONUMENT FOUNDRESTRICTED ACCESSTREE DRIP LINE962EXISTING CONTOUR (MnTOPO)BUILDING SETBACK LINEEXISTING DESCRIPTIONSITE SYMBOLS962.3962PROPOSED CONTOURPROPOSED SPOT ELEVATIONDRAINAGE DIRECTION504 LILAC DR. N, GOLDEN VALLEY, MINNESOTAPROPERTY DESCRIPTIONThat part of Tracts A and B described below:Tract A. Lot 5, Block 2, Clover Leaf Terrace, according to the plat thereof on file and of record in theoffice of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registeredas evidenced by Certificate of Title No. 1440913;Tract B. Lots 4 and 6, Block 2, Clover Leaf Terrace, according to the plat thereof on file and of record inthe office of the County Recorder in and for Hennepin County, Minnesota; which lies easterly of Line 1described below:Line 1. Commencing at Right of Way Boundary Corner B15 as shown on Minnesota Department ofTransportation Right of Way Plat No. 27-103 as the same is on file and of record in the office of theRegistrar of Titles and the office of the County Recorder in and for said County; thence northwesterly onan azimuth of 307 degrees 28 minutes 20 seconds along the boundary of said plat for 147.65 feet toRight of Way Boundary Corner B14 and the point of beginning of Line 1 to be described; thence on anazimuth of 193 degrees 46 minutes 00 seconds for 62.25 feet; thence on an azimuth of 181 degrees 09minutes 03 seconds for 232.56 feet and there terminating.SURVEY NOTES1. Existing conditions shown per ALTA/NSPS Land Title Survey performed by Bolton & Menk dated2024-04-26, 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 coordinatesystem, NAD83 (2011 Adjustment).4. The surveyor does not guarantee, in writing or assumed, that the utilities as shown are in the exactlocation. 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 LeSavageNORTH0 20 40CITY OF GOLDEN VALLEY, MINNESOTA7800 GOLDEN VALLEY ROAD, GOLDEN VALLEY, MN55427TOTAL = 19,997 SF (0.46 AC)PROPOSEDLOT 1, BLOCK 1 = 19,997 SF (0.46 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)101010DEVELOPERVICINITY MAPSITEGLENWOOD AVEHWY 100HWY 55MEADOW LN SLILAC DR NLILAC DR NARDMORE DR WOODSTOCK AVELILAC DR NBNSF RA I LRO AD 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 SERVICEEXISTING DESCRIPTIONMNDOT ROW MONUMENT FOUNDMAG NAIL FOUNDNORTHNO SCALED R A F T AREASZONING & SETBACKSEXISTING ZONING: ROWPROPOSED ZONING: R-1MINIMUM WIDTH AT FRONT SETBACK = 80 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 COVERAGETOTAL LOT AREA = 19,997 SFBUILDABLE AREA = 6,665 SFPROPOSED BUILDING AREA = 1,828 SFPROPOSED LOT COVERAGE= 9.1%PROPOSED IMPERVIOUS SURFACE CALCULATIONSTOTAL AREA =19997S.F.PROPOSED HOUSE1828S.F.PROPOSED DRIVEWAY735S.F.PROPOSED WINDOW WELLS30S.F.PROPOSED CONC. WALK58S.F.TOTAL IMPERVIOUS SURFACE2651S.F.MAXIMUM IMPERVIOUS SURFACE50.0%PROPOSED IMPERVIOUS SURFACE13.3%94 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3G. Adopt Resolution No. 25-055 Approving Golden Valley Route GV4 for the Three Rivers Park District CP Regional Trail Project Prepared By Michael Ryan, City Engineer Summary The CP Regional Trail is a long-range plan led by Three Rivers Park District to construct a 21-mile north-south trail between the cities of Crystal and Bloomington. In Golden Valley, the project is located between the intersection of Highway 55 and Douglas Drive, and the City's municipal limits near Highway 394 and Florida Avenue South. Four different trail routes between these two locations have been studied in parallel with a years-long community outreach and engagement process. Public engagement results showed strong preference for trail alignments east of Douglas Drive. Golden Valley Route 4 (GV4) received the highest support between feasible alternatives based on feedback from nearly 1,000 community members . Financial or Budget Considerations Three Rivers Park District is leading the design and pursuing funding to support further design and construction. At this time, construction costs and schedule have not been determined and are subject to design, funding, and financial commitment from partner agencies. Legal Considerations The CP Regional Trail project is led by Three Rivers Park District. This approval does not require legally binding agreements or contracts, which will be developed prior to the project's construction. Equity Considerations Three Rivers Park District's CP Regional Trail project supports the Inclusive Community Engagement and the Advancement of Diversity, Equity, and Inclusion pillars of the Equity Plan. City staff's presentation will focus on the results of outreach and engagement, including route options to reduce social and environmental disparities. The CP Regional Trail will help connect communities with key destinations and City services, especially benefiting those who are the most impacted by transportation system barriers. The recommended GV4 route is located adjacent to Environmental Justice priority areas and two schools. Recommended Action 95 Motion to Adopt Resolution No. 25-055 Approving Golden Valley Route GV4 for the Three Rivers Park District CP Regional Trail Project. Majority vote needed. Supporting Documents CP Regional Trail Route Alternatives.pdf Resolution No. 25-055 - Approval of Golden Valley Route GV4 for Three Rivers Park District CP Regional Trail Project 96 ! "# # # CP RAIL REGIONAL TRAIL MASTER PLAN - SEGMENT C ST LOUIS ST LOUIS PARKPARK HOPKINSHOPKINSPennsylvania AvenuePennsylvania AvenueWayzata BoulevardWayzata Boulevard Florida AvenueFlorida AvenueFranklin AvenueFranklin Avenue West 22nd StWest 22nd St North Cedar L a k e R e gi o n al T r ail North Cedar L a k e R e gi o n al T r ail Luce Line Regional TrailLuce Line Regional Trail Canadian Pacific RailroadCanadian Pacific RailroadEdgewood AvenueEdgewood AvenueCedar Lake L RT Regional Trail Cedar Lake L RT Regional Trail GOLDEN GOLDEN VALLEYVALLEY Dakota Edgewood BridgeDakota Edgewood BridgeDakota AvenueDakota AvenueLaurel Avenue GreenbeltLaurel Avenue Greenbelt Laurel Avenue GreenbeltLaurel Avenue Greenbelt Olson Highway S e r v i c e R o a d Olson Highway S e r v i c e R o a d Turners Crossro a d NorthTurners Crossro a d NorthDouglas Douglas Drive N.Drive N.Cedar Lake R o a d Cedar Lake R o a d Glenwood AvenueGlenwood Avenue Laurel AvenueLaurel Avenue Harold AvenueHarold Avenue Winnetka Avenue N.Winnetka Avenue N.Hampshire ParkHampshire Park Lamplighter Lamplighter ParkPark Northside Northside ParkPark Cedar Knoll/ Cedar Knoll/ Carlson FieldCarlson Field Otten PondOtten Pond Dakota Dakota ParkPark Oak Hill Oak Hill ParkPark Louisiana Louisiana Oak ParkOak Park St Louis Park St Louis Park High SchoolHigh School Lions Lions ParkPark Brookview Brookview ParkPark GV1 GV2 GV3 GV4 SLP1 SLP2 SLP3 SLP4 E F H GTable 2: Summary of Golden Valley Route Conflicts Table 3: Summary of Saint Louis Park Conflicts *Notes: • Grade impact definitions: • “H” = high • “M” = medium • “L” = low • Cost estimates are high level and for preliminary purposes only; further study to be done to understand cost impacts. • Cost estimate definitions: • High • Medium • Low Summary MapRouteTotal Conflicting ObjectsGrade ConflictsOther Potential Challanges and SegmentsCost EstimatesGV1 85+M • MnDOT ROW L GV2 76 M • MnDOT ROW GV3 90+M-H • Boardwalk required • Railroad ROW M GV4 78+L-M • MnDOT ROW • Bridge L RouteTotal Conflicting ObjectsGrade ConflictsOther Potential Challanges and SegmentsCost EstimatesSLP1 138+M-H • High volume intersection with limited ROW • Bridge L SLP2 179+M-H H SLP3 180 M-H • Bridge M SLP4 180+M-H L H M H H M L M M A B IK J L M H 97 RESOLUTION NO. 25-055 A RESOLUTION APPROVING GOLDEN VALLEY ROUTE GV4 FOR THE THREE RIVERS PARK DISTRICT CP REGIONAL TRAIL PROJECT WHEREAS, the CP Regional Trail is a cooperative project led by the Three Rivers Park District with support from the City of Golden Valley as planning partner; and WHEREAS, the CP Regional Trail is a planned 21-mile north-south regional trail between the cities of Crystal and Bloomington, including a segment within the City of Golden Valley; and WHEREAS, the CP Regional Trail Route GV4 is located near schools, environmental justice priority areas, and significant multi-family developments, providing the highest benefit to residents of Golden Valley and services throughout the City; and WHEREAS, approval of CP Regional Trail Route GV4 is consistent with the results of an extensive community outreach and engagement process performed over several years. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley hereby approves CP Regional Trail Route GV4 for continued planning and design. Adopted by the City Council this 17th day of June, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 98 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3H. Adopt Resolution No. 25-056 Approving Fire System Plan Review and Inspection Authority Policy Prepared By Chloe McGuire, Deputy Community Development Director Alisa Schuster, Assistant Fire Chief Summary This policy ensures continued compliance with state fire safety regulations and uninterrupted development services by enabling the Fire Chief to delegate authority for plan review and inspections related to fire alarm and suppression systems. The delegation may be made to the Building Official , or other personnel approved by the Minnesota State Fire Marshal Division. This policy applies only in the absence of qualified personnel within the Golden Valley Fire Department. This is intended to be an interim solution while the City Code is being updated. Financial or Budget Considerations There are no financial or budget considerations. Legal Considerations The Legal Department reviewed and approved the proposed policy. Equity Considerations This policy ensures continued compliance with state fire safety regulations and uninterrupted development services by enabling the Fire Chief to delegate authority for plan review and inspections related to fire alarm and suppression systems. Without this policy, the City is unable to adequately provide service to our customers related to these important permits. In order to increase transparency, Staff is working on amending the City Code to include this item. Recommended Action Motion to adopt Resolution No. 25-056 approving Delegation of Fire System Plan Review and Inspection Authority Policy. Supporting Documents Resolution No. 25-056 - Adopting Delegation of Fire System Plan Review and Inspection Authority Policy Exhibit A - Delegation of Fire System Plan Review and Inspection Authority Policy 99 RESOLUTION NO. 25-056 RESOLUTION FOR ADOPTION OF DELEGATION OF FIRE SYSTEM PLAN REVIEW AND INSPECTION AUTHORITY POLICY WHEREAS, the City of Golden Valley is committed to providing exceptional service to its residents and customers; and WHEREAS, the City’s Fire Department is responsible for plan review and inspections related to fire alarm and suppression systems; and WHEREAS, enabling the City’s Fire Chief to delegate authority for plan review and inspections related to fire alarm and suppression systems in the absence of qualified personnel within the Golden Valley Fire Department will ensure continued compliance with state fire safety regulations and uninterrupted development services. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley adopts the Delegation of Fire System Plan Review and Inspection Authority Policy attached hereto as Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 17th day of June 2025. Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 100 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Informa�on Policy Title: Delega�on of Fire System Plan Review and Inspec�on Authority Department: Fire Policy Owner (job �tle): Fire Chief Policy ID: [To be assigned] Council Approval Date: June 17, 2025 Resolu�on Number: [To be assigned] Effec�ve Date: June 17, 2025 ☒New ☐ Updated Policy Overview Policy Descrip�on: To establish a formal mechanism by which the Fire Chief may delegate plan review and inspec�on responsibili�es for fire alarm and fire suppression systems. Purpose & Scope: This policy ensures con�nued compliance with state fire safety regula�ons and uninterrupted development services by enabling the Fire Chief to delegate authority for plan review and inspec�ons related to fire alarm and suppression systems. The delega�on may be made to the Building Official, or other personnel approved by the Minnesota State Fire Marshal Division. This policy applies only in the absence of qualified personnel within the Golden Valley Fire Department. Defini�ons: • Qualified Personnel: Fire Department staff who are trained, cer�fied and authorized to perform fire alarm and suppression system plan reviews and inspec�ons. • Plan Review: The process of examining fire protec�on system construc�on documents to ensure compliance with applicable codes. • Inspec�on: On-site verifica�on that fire protec�on systems have been installed in accordance with approved plans and relevant regula�ons. Related Documents, Materials & Resources: • Minnesota State Fire Code • Minnesota State Fire Marshal Division Guidelines • Golden Valley City Code, Chapter 12 Policy In the event that the Fire Department lacks qualified personnel to perform fire alarm and/or fire suppression system plan reviews and inspec�ons, the Fire Chief is authorized to delegate such responsibili�es to the City's Building Official or other personnel or agencies otherwise approved by the Minnesota State Fire Marshal Division. This delega�on shall be documented in wri�ng and maintained by the Fire Department for the dura�on of its validity. The delegated authority shall comply with all applicable local and state codes and regula�ons. This policy is intended to ensure uninterrupted enforcement of fire safety standards and support the �mely progression of construc�on and development projects within the City of Golden Valley. 101 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 3I. Adopt Resolution No. 25-057 Approving Updated Bylaws of the Golden Valley Fire Department Relief Association Prepared By Lyle Hodges, Finance Director Summary The mission of the Golden Valley Fire Relief Association is to manage the pension fund, advance fire prevention and education, and support camaraderie among firefighters, their families and our community in Golden Valley. The Relief Association is closely related to the Fire Department, but is a separate organization. Because of the unique relationship between the City and the Association as well as potential for financial implications for the City, changes to the Relief Association Bylaws must be approved by the Golden Valley City Council. These changes include changing the amount of the retirement benefit for qualifying Relief Association Members. The proposed change increases the annual retirement benefit from $13,000 to $15,000 per year of service, prorated according to the previously adopted vesting schedule. Financial or Budget Considerations The proposed change was reviewed by the Finance Director, Lyle Hodges, and considered reasonable with no anticipated budgetary impact at this time. Legal Considerations This item did not involve any substantive legal changes, therefore legal review was not required. Equity Considerations No material changes to the equity considerations of the Bylaws is included with this proposed change, so no equity review was conducted. Recommended Action Motion to adopt Resolution No. 25-057 approving the updated Bylaws of the Golden Valley Fire Department Relief Association Supporting Documents Resolution No. 25-057 - Approving Updated Golden Valley Fire Relief Association By-Laws Exhibit A - 2025 GVFRA Bylaw Proposal 102 RESOLUTION NO. 25-057 RESOLUTION APPROVING UPDATED GOLDEN VALLEY FIRE RELIEF ASSOCIATION BY-LAWS WHEREAS, the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS, an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by- laws; and WHEREAS, the City of Golden Valley may be required to approve changes to the Relief Association by-laws; and WHEREAS, the City Council has reviewed the revised by-laws as shown in Exhibit A. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council hereby approves the revised Bylaws of the Golden Valley Fire Department Relief Association attached hereto as Exhibit A. This resolution replaces and supersedes Resolution No. 24-064. Adopted by the City Council of Golden Valley, Minnesota this 17th day of June 2025. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 103 i By-Laws of the Golden Valley Fire Department Relief Association TABLE OF CONTENTS ARTICLE I. ASSOCIATION NAME ............................................................................................. Page 1 ARTICLE II. ASSOCIATION PURPOSE ........................................................................................ Page 1 ARTICLE III. DEFINITIONS ARTICLE III. DEFINITIONS Section I: Membership ....................................................................................................................... Page 1 Section II: Deferred Member .............................................................................................................. Page 1 Section III: Former Member ................................................................................................................ Page 1 Section IV: Fire Department ................................................................................................................. Page 1 Section V: Fiduciary Responsibility .................................................................................................... Page 1 Section VI: Beneficiary ......................................................................................................................... Page 1 Section VII: Disability ............................................................................................................................ Page 2 Section VIII: Board of Trustees ............................................................................................................... Page 2 Section IX: Year of Active Service ........................................................................................................ Page 2 Section X: Active Service .................................................................................................................... Page 2 Section XI: Leave of Absence ............................................................................................................... Page 2 Section XII: Trustees .............................................................................................................................. Page 2 Section XIII: Domestic Relations Order ................................................................................................. Page 2 ARTICLE IV. ASSOCIATION MEMBERSHIP Section I: Application for Membership............................................................................................... Page 2 Section II: Expulsion From Membership ............................................................................................ Page 2 ARTICLE V. ASSOCIATION MEETINGS Section I: Meetings of the Board of Trustees...................................................................................... Page 2 Section II: Association Meetings ........................................................................................................ Page 2 Section III: Order at Meetings .............................................................................................................. Page 2 ARTICLE VI. ASSOCIATION MANAGEMENT Section I: Board of Trustees .............................................................................................................. Page 3 Section II: External Examiner ............................................................................................................. Page 3 Section III: Committees ....................................................................................................................... Page 3 ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS Section I: Powers and Duties of the Board of Trustees .................................................................... Page 4 Section II: Trustees Diligence .............................................................................................................. Page 4 Section III: Continuing Education ....................................................................................................... Page 4 Section IV: Duties ................................................................................................................................. Page 4 ARTICLE VIII. FUNDS AND ACCOUNTS 104 ii Section I: General Fund .................................................................................................................... Page 4 Section II: Special Fund ..................................................................................................................... Page 4 Section III: Lines of Credit ................................................................................................................. Page 4 Section IV: Disbursement of Funds .................................................................................................... Page 5 Section V: Deposits ............................................................................................................................ Page 5 ARTICLE IX. INVESTMENTS Section I: Investments ...................................................................................................................... Page 5 Section II: Investment Policy ............................................................................................................ Page 5 Section III: State Statute Compliance .................................................................................................. Page 5 ARTICLE X. APPLICATION FOR BENEFITS Section I: Application For Benefits ................................................................................................. Page 5 Section II: Approval of Benefits ........................................................................................................ Page 5 Section III: Right to Appeal the Decision ........................................................................................... Page 5 ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension ............................................................................................................... Page 6 Section II: Association Recommendation .......................................................................................... Page 7 ARTICLE XII. ANCILLARY BENEFITS Section I: Death Benefit ................................................................................................................... Page 7 Section II: Permanent Disability Benefit .......................................................................................... Page 7 ARTICLE XIII. LIMITS ON BENEFITS Section I: Domestic Relations Order ............................................................................................... Page 8 Section II: Garnishment, Judgment or Legal Process ....................................................................... Page 9 Section III: Assignment of Payments ................................................................................................. Page 9 Section IV: Limitations on Ancillary Benefits .................................................................................. Page 9 Section V: Internal Revenue Code Limitations ................................................................................. Page 9 ARTICLE XIV. BY-LAW AMENDMENTS Section I: Method of Amendment ................................................................................................... Page 9 Section II: Council Approval ............................................................................................................ Page 9 Section III: Legislative Action .......................................................................................................... Page 9 105 1 ARTICLE I. ASSOCIATION NAME Section 1: The name of the relief association is the Golden Valley Fire Department Relief Association. ARTICLE II. ASSOCIATION PURPOSE Section 1: This instrument constitutes the by-laws of the Golden Valley Fire Department Relief Association, hereinafter referred to as the "Association," adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the relief association. The Association is a defined benefit plan association. The Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals who provide or have provided the governmental services of firefighting for the City of Golden Valley. The objectives of the plan shall be to provide service pensions and ancillary benefits to the members of the Golden Valley Fire Department, their spouses and dependents. All benefits issued by this association shall be governed by these by-laws as well as federal and state laws. ARTICLE III. DEFINITIONS Section I: Membership – All active paid-on-call firefighters hired by the Golden Valley Fire Department for the purposes of fire suppression or the supervision of fire suppression activities. Section II: Deferred Member - Individuals who have resigned from the Golden Valley Fire Department and are eligible for a service pension. Section III: Former Member - Individuals who have left active service from the Golden Valley Fire Department prior to eligibility for a service pension. Section IV: Retired Member: Individuals who have resigned from the Golden Valley Fire Department and have collected a service pension. Section V: Fire Department - Wherever used in these by-laws, it shall mean Fire Department of the City of Golden Valley, Minnesota. Section VI: Fiduciary Responsibility - In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. § 11A.09. In addition, the trustees must act in accordance with Minn. Stat. § 356A. No trustee of the Association shall cause the relief association to engage in transactions if the fiduciary knows or should know that the transaction constitutes one of the following direct or indirect transactions: a. sale, exchange or leasing of any real property between the relief association and a board member; b. lending of money or other extension of credit between the relief association and a board member of the relief association; c. furnishing of goods, services or facilities between the relief association and a board member; d. transfer to a board member, or for the benefit of a board member, of any assets of the relief association. Transfer of assets does not mean the payment of relief association benefits of administrative expenses permitted by law. 106 2 Section VII: Beneficiary - Any person or estate entitled under this plan to receive a benefit upon the death of a participant. Section VIII: Disability - A physical or psychological condition which precludes an active member of the Association from performing the normal duties of a Firefighter with the Golden Valley Fire Department. Section IX: Board of Trustees - The Board of Trustees shall be composed of nine members as specified under Minn. Stat. § 424A.04. The six elected trustees are: President, Vice-President, Secretary, Treasurer and two trustees. The Mayor, the Finance Director and the Fire Chief of the City of Golden Valley shall be the ex-officio members of the Board of Trustees. Section X: Year of Active Service - For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Golden Valley Fire Department. Section XI: Active Service - The active performance of fire suppression duties or the supervision of fire suppression duties. Section XII: Leave of Absence - If a member has an approved leave of absence from the Fire Department, they shall also be considered on leave of absence from the relief association. Leaves of absences include but are not limited to medical, personal or military. Section XIII: Trustees - The individuals designated as such by Minn. Stat. § 424A.04 and by virtue of elected office, those that qualify as the ex-officio trustee. Section XIV: Domestic Relations Order - Any judgment, decree (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. §§ 518.58, 518.581, or 518.611. ARTICLE IV. MEMBERSHIP Section I: Application for Membership - All persons hired by the City of Golden Valley for fire suppression activities for the Golden Valley Fire Department are automatically included in membership in the association. Membership date shall be the date the person was placed on active duty with the fire department. Section II: Expulsion from Membership - Any member may be expelled from the Association for cause by a two-thirds (2/3) vote of all members present at a regular or special meeting of the Association. Cause for expulsion may include, but shall not be limited to, failure to account for money belonging to the Association or feigning illness or injury for the purpose of defrauding the Association. An expulsion hearing before the Board of Trustees will be conducted prior to above stated Association meeting in order to allow the person involved the ability to challenge any witnesses that the Board of Trustees may call. Written notice via registered mail will be sent to the individual at least 15 days prior to the hearing. ARTICLE V. MEETINGS Section I: Meetings of the Board of Trustees - Meetings of the Board of Trustees shall be conducted in accordance with the Association Management Policy. Section II: Association Meetings - Meetings of the Association will be conducted in accordance with the Association Management Policy. Section III: Order at Meetings - Robert's Rules of Order shall govern all deliberations of the Association. 107 3 ARTICLE VI. BOARD OF TRUSTEES Section I: Board of Trustees - shall be composed of the nine members as defined in Minn. Stat. § 424A. The six elected trustees of the Association are: President, Vice-President, Secretary, Treasurer and two Trustees. The Mayor, Finance Director and Fire Chief of the City of Golden Valley shall be ex-officio members of the Board of Trustees with the same rights, privileges, duties and liabilities as other members of the Board of Trustees. The elected offices shall be governed by the following: a. Term – Each elected member of the Board of Trustees shall hold office following their election for a period of two years until that person’s successor has been elected. The President, Secretary, and one Trustee shall be up for election at the annual meeting held in odd numbered years and the Vice-President, Treasurer and the other Trustee shall be elected at the annual meeting held in even numbered years. The term will begin on January 1st, following the annual meeting at which the person is elected. b. Eligibility - Each elected member of the board must be an active member of the association. The member shall be an active member of the association for a minimum of 2 years prior to being elected. This requirement may be waived by a 2/3 vote of the members present at the election. An elected member may be allowed to serve while out on injury/illness leave, from the Golden Valley Fire Department, not to exceed 6 months without review by the Board of Trustees. c. Vacancies - Vacancies due to resignation, removal or termination in any elected office of the Board of Trustees shall be filled by an election held at either a regular or special meeting of the Association. The individual elected to fill the vacancy shall serve only the remaining term of the position vacated and their term begins immediately upon election. d. Removals - An elected member of the Board of Trustees is automatically removed from the elected position upon resignation, termination or leave of absence from the Fire Department (medical leaves of absence are not included). Any elected member may be removed for cause at a hearing to take place at a regular or special meeting of the Board of Trustees. No elected member shall be removed unless written notice of the meeting has been posted listing the reason for removal and a copy of the notice has been sent by certified mail to the member to be removed. A simple majority of members present at the removal hearing must vote in favor of removal in order for the elected member to be removed. When a member has been removed, and election will be held at the next regularly scheduled general membership meeting to fill the vacant position for the remaining term. Cause for removal shall include, but not be limited to, fraud, dishonesty, incompetence or failure to perform duties as they relate to the position, or failure to attend a minimum of nine (9) Board of Trustees regular meetings. e. Compensation of Elected Members - Compensation for the elected members of the Board of Trustees is detailed in the Board Member and Trustee Policy. f. Board Member Position Descriptions – Position descriptions and responsibilities are detailed in the Board Member and Trustee Policy. Section II: External Examiner – At the discretion of the Board of Trustee’s the Association may seek outside professionals including but not limited to legal, medical or financial professionals as necessary to validate claims or provide opinions for the Association. Section III: Committees - The President may appoint any committees necessary for the successful operation of this association. 108 4 ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS Section I: Powers and Duties of the Board of Trustees - The Board of Trustees shall have exclusive control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Association with full power and authority to carry out the objectives and purpose of the Association as set forth in the Articles of Incorporation, these by-laws and the laws of the State of Minnesota. Section II: Trustees Diligence - Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Section III: Continuing Education - The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure those trustees keep abreast of their fiduciary responsibilities. The annual level for this requirement will be assigned in the Board Member and Trustee Policy. Section IV: Duties – The duties of the President, Vice-President, Secretary, Treasurer and Trustees shall be defined in the Board Member and Trustee Policy. ARTICLE VIII. FUNDS AND ACCOUNTS Section I: General Fund - The funds received by the Association from dues, fines, fund raisers and other miscellaneous sources shall be kept in a general fund on the books of the Treasurer and may be distributed by the Association for any purpose reasonably suited to the welfare of the Association or its members as governed by the laws of the State of Minnesota. Moneys in the General Fund shall be disbursed upon the approval of a simple majority of members present at either a General Membership meeting or a Board of Trustees meeting. All disbursements from the General fund will be for activities and/or expenses approved by the General membership. Section II: Special Fund - All funds received by this Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city pursuant to law providing for municipal support for the relief association, any moneys or property donated, given, granted or devised excluding fund raiser proceeds, by any person which is specified for the use for the support of the Special Fund, and any interest earned on the assets of the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be disbursed only for the following purposes: a. Payment of members' service pension benefits in accordance with these by-laws; b. Payment of ancillary benefits in accordance with these by-laws; c. Administrative expenses as limited by Minn. Stat. § 69.80. All other expenses of the Association shall be paid out of the General Fund. Section III: Lines of Credit - The Board of Trustees may as deemed necessary, open lines of credit for the purchase of various items as approved by the General Membership. Section IV: Disbursement of Funds - No disbursements from the funds of the Association shall be made 109 5 except on signed authorization of any two of the following elected members of the Board of Trustees: President, Vice-President, Secretary, Treasurer. The exact amount of any disbursement must be authorized by a simple majority of members present at either a General Membership meeting or a Board of Trustees meeting. Section V: Deposits - All moneys belonging to the Association shall be deposited to the credit of the association into accounts set up at the depository of record. The depository of record shall be determined at the annual meeting of the Board of Trustees and record of the depository shall be documented in the Association Management Policy. The Board of Trustees shall make deposits in conformance with State Statutes, these by-laws the Association Management Policy and the Investment policy. ARTICLE IX. INVESTMENTS Section I: Investments - It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the funds of the Association. The investments of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the by-laws and the investment policy. Section II: Investment Policy - The Board of Trustees shall adopt a written Investment policy each year. Section III: State Statute Compliance - The Board of Trustees shall comply with Minn. Stat. § 356A.06, Subdivision 8b that requires the relief association to provide annually to any brokers a written statement of investment restrictions pursuant to statute of the investment policy that applies to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Association shall acknowledge, in writing annually the receipt of the investment restrictions. The acknowledgment shall contain a statement of the broker's agreement to handle the Association's investments pursuant to the written restrictions. ARTICLE X. APPLICATION FOR BENEFITS Section I: Application For Benefits - All applications for Association benefits must be made in writing on forms provided by the Secretary. All applications shall be submitted to a member of the Board of Trustees for action. Section II: Approval of Benefits - No application shall be acted upon until all the necessary forms and information have been provided to the Board of Trustees. It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these by-laws. It shall also be the duty of the Board of Trustees not to approve the application if any of the eligibility requirements are not met. Section III: Right to Appeal Decision - In the event that the Board of Trustees denies an application for a service or ancillary pension the applicant has the right to appeal the board decision. ARTICLE XI. RETIREMENT BENEFIT 110 6 Section I: Service Pension - An active member of the Association who leaves active duty with the Fire Department is eligible to collect a lump sum service pension subject to the following: a. Eligibility requirements: 1. Have left active service with the Golden Valley Fire Department; 2. Have completed at least 5 years of active service with the Fire Department before leaving; and 3. Have been a member of the Association in good standing at least 5 years prior to leaving the Fire Department. b. Amount of Benefit - Each applicant shall be eligible for a service pension of $15,000 per full year of active service as a firefighter with the fire department. c. Early Vesting Provision - In the event a member with five years or more, but less than ten years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by twelve (12) percent per year for each year less than 10. The following table shall be used to determine the pension amount, less any accrued interest: Completed Years of Service Early Vesting Reduction Pension Amount 5 60 percent $ 30,000 6 48 percent $ 46,800 7 36 percent $ 67,200 8 24 percent $ 91,200 9 12 percent $ 118,800 10 0 percent $ 150,000 More than 10 none add $15,000 per year d. Minimum Age Requirement - No service pension shall be paid to any member until they reach 50 years of age. e. Deferred Retirement Benefit - Any active member of the Association who leaves active duty with the Fire Department and is eligible for a service pension, but has not reached the age of 50, will be placed on a deferred pension list until the time that the member submits an application for the pension. f. Return to Service – (i) If a Deferred Member, should return to active service, (they are deemed qualified and subsequently hired by the fire department) they shall serve three (3) years before qualifying for the current benefit level. The three (3) year period must be completed prior to their subsequent retirement. If the deferred member fails to complete the three (3) years, any time they serve will be added to their previous active service time and their pension amount will be calculated based on the pension amount in effect when they originally left active service. Any additional service, will be credited if it is consistent with the rules for accruing time in the by-laws. The Deferred Member shall be informed of their specific requirement prior to their re-hiring on the fire department. (ii). If a Former Member should return to active service, they shall serve three (3) years before qualifying for the current benefit level and vesting schedule. The three (3) year period must be completed prior to their subsequent retirement. If the Former Member fails to complete the three (3) years, any time they serve will be added to their previous active service time and their pension amount and vesting schedule will be calculated based on the pension amount and vesting schedule in effect when they originally left active service. Any additional service, will be credited if it is consistent with the rules for accruing time in the by- 111 7 laws. The Former Member shall be informed of their specific requirement prior to their re- hiring on the fire department. (iii). If a Retired Member should return to service, they will be treated as a new member and will begin accruing time anew. In no event will a member receive duplicate benefits for the same time period of service. g. Interest on the Deferred Retirement Benefit – Interest shall be added to the deferred benefit amount, compounded annually, at a rate equal to the actual time weighted total rate of return of the fund as set by the board of trustees under Minn. Stat. § 356.219, up to 5%, and applied consistently for all deferred service pensioners. Minn. Stat. § 424A.02, subd. 10(b), requires municipal ratification of the rate set by the board of trustees in years in which the relief association does not have a surplus over full funding under Minn. Stat. § 69.772, subd 3, paragraph (c), clause (5), or 69.773, subd 4, and if the municipality is required to provide financial support to the special fund of the relief association under Minn. Stat. § 69.772 or 69.773. As of the date of this amendment, the following rates have been set by the board: 2006 = 5%, 2007 = 5%, 2008 = 0%, 2009 = 0%, 2010 = 5%, 2011 = 0%, 2012 = 5%, 2016 = 0%. The deferred interest rate as set by the board of trustees under Minn. Stat. § 356.219, is 0% unless and until otherwise changed by amending these bylaws. Interest will not accrue for any year in which the member reaches the eligible to be paid out. h. Supplemental Retirement Benefit - Pursuant to Minn. Stat. § 424A.10, all retirees shall be paid a supplemental benefit in the amount of 10% of his or her service pension amount, not to exceed $1,000.00. This benefit shall be paid at the same time as the retirement benefit. In the event that Minn. Stat. § 424A.10 is amended or repealed, this benefit shall be amended or discontinue as per state statute. i. Deferred Interest Payment Method – Interest on a deferred service pension is creditable beginning on the first date of the calendar year next following the date on which the member separated from active Fire Department service and active Association membership and ending on the last date of the calendar year immediately before the year in which the deferred member commences receipt of the deferred service pension. Members must be deferred for an entire calendar year to receive interest for that year. Section II: Association Recommendation - Because of the varying circumstances in each member's retirement planning, the Association strongly recommends consultation with a tax consultant, insurance and/or estate planner or an attorney before requesting payment of their service pension. ARTICLE XII. ANCILLARY BENEFITS Section I: Death Benefit - Upon the death of an active member, the association shall pay to the surviving spouse and surviving children. If there is no surviving spouse or surviving children the benefit is paid to the designated beneficiary. If there is no designated beneficiary, the death benefit shall be paid to the estate of the deceased active or deferred firefighter. They shall be paid equal to the current yearly lump sum service pension rate multiplied by the number of years of active service. The minimum benefit shall be equal to five (5) times the current yearly lump sum service pension rate and without regard to the vesting schedule. Deferred 112 8 members shall be paid an amount equal to their current deferred pension amount. Section II: Permanent Disability Benefits - A member who is permanently disabled shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. a. Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefit. b. Disability defined: see Article III - Definitions. c. Documentation Required - No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor of the member's choice. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such document shall be filed with the Association. d. Procedure - All applications for disability benefits shall be made within 30 days after such applicant has ceased to be an Active Member of the Golden Valley Fire Department. Written application shall be made to the Board setting out the nature and cause of such disability as described above. It is recommended that the applicant may be examined by a physician, surgeon or chiropractor of the member's choice. The physician or chiropractor shall submit a written opinion concerning the diagnosis and prognosis of the applicant's disability and its probable date of onset and the probable duration of permanence. The Board of Trustees has the discretion to request that another doctor, selected by the Board, examine the applicant. Final determination of disability will be based on the reports of at least one doctor and by a 2/3 majority vote of a quorum of the Board of Trustees present at the subsequent association meeting. e. An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicant's statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this section. f. Disability Amount – Permanent disability benefits may be paid to permanently disabled members of the Association out of the Special Fund following the submission and approval of an Application for Distribution. g. For Active Members, a permanent disability benefit equal to the benefit level for each year that the member served as an active firefighter in the Fire Department, without regard to minimum or partial vesting requirements, will be paid if, upon the date of permanent disability, the member has not yet separated from active service. The years of service must be determined as of the date of disability. The member is eligible to receive the disability benefit immediately upon approval by the Board. h. For Deferred Members, a permanent disability benefit equal to a disabled deferred member’s deferred service pension will be paid to the disabled deferred member. The permanent disability benefit amount may not exceed the total earned service pension of the disabled member. i. For Active and Deferred Members, temporary disability benefits are not provided by this Association. ARTICLE XIII. LIMITS ON BENEFITS Section I: Domestic Relations Order - A qualified domestic relations or domestic relations order shall be accepted by the plan administrator if in compliance with state and federal law. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C. 414(p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under state law. 113 9 Section II: Garnishment, Judgment or Legal Process - No service pension or ancillary benefits paid or payable from the special fund of a relief association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution, or other legal process, except as provided in section 518.58, 518.581 or 518.611. Section III: Assignments of Payments - No person entitled to a service pension or ancillary benefit from the special fund of a relief association may assign any service pension or ancillary benefit payments, nor shall the association have the authority to recognize any assignment or pay over any sum which has been assigned. Section IV: Limitations on Ancillary Benefits - Following the receipt of a lump sum service pension benefit or being placed on the deferred pension list, neither a member's surviving spouse, children, designated beneficiary or estate is entitled to any other or further financial relief or benefits from the Association. Section V: Internal Revenue Code Limitations - No provision which places limits on benefits as contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may subsequently be amended. ARTICLE XIV. BY-LAW AMENDMENTS Section I: Method of Amendment - All amendments to these by-laws shall be proposed by a resolution adopted by the Board of Trustees setting forth the proposed amendments and direction that they should be submitted for adoption at a meeting of the Association. Notice of the meeting shall state the purpose and be given to each member eligible to vote on the amendments. All amendments must be approved by a two-thirds (2/3) vote of all members present at a regular or special meeting of the Association. Section II: Council Approval - When required by Minnesota State Statutes or the Board of Trustees, no by-laws or amendments of the by-laws shall be effective until approved by the governing body of the City of Golden Valley. Section III: Legislative Action - In the event that an amendment exceeds the authority granted this Association by Minnesota Statutes, such amendments will not be effective until approved by legislative action. 114 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 2025 Agenda Item 6A. Property Acquisition for Public Works Facility Prepared By Emily Goellner, Community & Economic Development Director Maria Cisneros, City Attorney Stacie Kvilvang, Ehlers Summary Earlier this year, the City began discussing the opportunity to purchase a property located at 6100 Olson Memorial Highway (the "Property") as a future location of a new Public Works Facility. The owner of the Property is a willing seller. For personal tax reasons, he requested that the City acquire the site through a process commonly referred to as a "friendly condemnation proceeding." Proceeding through friendly condemnation benefits the City by allowing it to take possession of the property in 90 days. It also entitles all tenants of the property to relocation benefits (discussed below) and allows for termination of tenant leases so the City can prepare the site for redevelopment. Condemnation Requirements In order to proceed with any condemnation (including friendly condemnation), a City is required to complete an appraisal of the property. The City retained Patchin Messner Appraisals, Inc. to complete the appraisal. The appraiser visited the site on February third, reviewed property rent rolls and expenses and completed its appraisal, as required to commence condemnation proceedings. To proceed with the acquisition, the City Council must pass the attached resolution approving the acquisition price and authorizing the use of condemnation. Upon approval, staff will send a formal letter to the owner, along with a copy of the appraisal. The owner then has 30 days to accept, reject, or make a counteroffer. Staff anticipates the owner will accept the offer. After the letter is sent, the City will file a condemnation petition in Hennepin County District Court, which will serve as the 90 Day Quick Take Notice. This notice allows the City to take possession of the property 90-days after filing the petition. As part of the filing, the City will deposit funds to cover the acquisition price with the court for payment to the owner. Tenant Relocation There are currently three tenants in the property. Under state law, tenants occupying the site when a formal offer to purchase is made are eligible for relocation benefits. The benefits include reimbursement for actual moving expenses, reestablishment expenses (up to $50,000), payment for searching for a replacement location or a fixed payment in lieu of all other eligible expenses. Staff 115 proposes contracting with SRF Consulting Group, Inc. (SRF) to provide the required relocation services to these tenants. These services include but are not limited to: overviewing relocation process and benefits with the tenants; assisting with finding replacement sites; determining the more advantageous payment alternative of benefits; assisting with preparing specifications and obtaining bids for moving; reviewing receipts and payment requests and submitting for payment from the City; and acting as an overall resource for the tenants. The estimated cost for these services is expected to be $38,400. This expense and the relocation benefits paid to tenants will be paid from sales tax receipts since they are costs associated with acquiring the property. Once the formal offer is made, the tenants are eligible for relocation benefits and services. One of the remaining tenant’s leases expires at the end of October 2025. This tenant will likely take the most time to relocate due to the nature of their business and allowing the relocation specialist to meet with them sooner rather than later will be beneficial. The other two tenants’ leases expire November 30, 2026, and based upon the nature of their businesses, will likely be easier to relocate. Financial or Budget Considerations All costs associated with acquiring the Property will be paid for with sales tax receipts authorized via the special legislation and affirmative ballot vote by residents of the City in 2023. The City has adequate sales tax receipts available to pay the costs of acquisition and relocation. Costs include the $6.9 million sales price, financial consulting fees, legal fees related to the condemnation action, and relocation fees. The City has retained Ehlers to provide financial advice and counsel. The City has retained the law firm of Kennedy & Graven to handle the condemnation proceedings and related property acquisition matters. The City has retained SRF Consulting Group to provide relocation services. The City Council previously approved an agreement with Ehlers. Professional Services Agreements with Kennedy & Graven and SRF Consulting Group are attached for consideration. Legal Considerations See above summary. Equity Considerations City facilities are crucial to the successful operation of public services. Facilities need to address the diverse needs of residents and employees not only today, but decades into the future. Upon acquisition of the site, the City will engage with a design team that will be required to focus on equity considerations in the building and site design. Recommended Action Motion to approve Resolution No. 25-058 approving acquisition price and authorizing the use of condemnation to acquire property located at 6100 Olson Memorial Highway. Motion to approve Engagement Agreement with Kennedy & Graven for legal services related to Public Works site acquisition. Motion to approve Professional Services Agreement with SRF Consulting Group, Inc. for relocation services. Supporting Documents 116 Resolution No. 25-058 - Authorizing Offers and Eminent Domain - 6100 Olson Memorial Highway AGRMT - LEG - Kennedy & Graven - Public Works Site Acquisition (5-27-25) AGRMT - CD - Professional Services Agreement with SRF Consulting for Relocation Benefits 117 CITY OF GOLDEN VALLEY RESOLUTION NO. 25-058 RESOLUTION AUTHORIZING EMINENT DOMAIN FOR PUBLIC PURPOSES AND OFFER OF JUST COMPENSATION TO OWNER WHEREAS, the City Council of the City of Golden Valley, Minnesota (the “City”) determines that it is necessary and expedient for the public health safety and welfare to undertake a project to construct a new public works facility within the City (the “Project”); and WHEREAS, it is necessary to acquire fee title to certain real property to construct, operate, and maintain the Project improvements; and WHEREAS, the City Council finds that it is reasonable necessary, convenient, and in the interest of the general welfare that the City acquire for the Project the fee ownership interests identified in Exhibit A attached hereto (“Property”); and WHEREAS, the City Council finds that title to and possession of the Property is required for the Project and before construction on the Project can begin and before the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the City has engaged an independent real estate appraiser to provide the City with the appraiser’s opinion of damages caused by the City’s acquisition of the Property; and WHEREAS, City staff and consultants have and will continue to work with the property owner (“Owner”) to acquire the Property by direct purchase if possible; and WHEREAS, the City must determine and submit an initial written offer of just compensation to the Owner covering the full amount of damages caused by the acquisition of the Property; and WHEREAS, the Owner may obtain an independent appraisal by a qualified appraiser of the Property which the City proposes to acquire for the Project; and WHEREAS, the Owner is entitled to reimbursement for the reasonable costs of the appraisal from the City up to a maximum of the limits stated in Minn. Stat. § 117.036, provided that the Owner submit to the City the information necessary for reimbursement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota: 1. The recitals set forth in this Resolution are incorporated into and made part of this Resolution; 118 Resolution No. 25-058 June 17, 2025 2. The City’s acquisition of the Property is necessary and for a public purpose in furtherance of the Project; 3. The proper City officers and agents are authorized and directed to acquire the Property by voluntary negotiation and, if necessary, through the exercise of eminent domain; 4. The City Council hereby authorizes the City Manager or the proper City officer or agent to approve the appraisals and staff to negotiate with the Owner relating to the Property and to acquire the property for the appraised values; 5. Based upon the estimate of damages from the City’s proposed acquisition of the Property, the City shall make initial written offers of just compensation to the Owner for the Property; 6. The City shall reimburse the Owner for an independent appraisal of damages from a licensed real estate appraiser to estimate the full amount of damages, and that, upon the Owner providing to City a copy of the appraisal report, evidence of the cost of that report, and evidence of payment of that amount to the appraiser, the City shall reimburse Owner for the cost of Owner’s independent appraisal report, subject to the limits stated in Minn. Stat. §117.036; 7. The law firm of Kennedy & Graven, Chartered, is authorized to commence eminent domain proceedings on behalf of the City to acquire the Property if it cannot be timely purchased and to do so pursuant to the “quick take” provisions of Minnesota Statutes, Section 117.042; and, 8. The Mayor, City Manager and City Clerk are authorized to execute all documents necessary to effect the acquisition of the necessary property interests. 9. Pursuant to Minn. Stat. § 462.356, subd. 2, the Planning Commission is directed to review the proposed acquisition and report in writing to the City Council its findings as to compliance of the proposed acquisition with the City’s Comprehensive Plan within 45 days. Adopted by the City Council this 17th day of June, 2025. ____________________________ Roslyn Harmon, Mayor ATTEST: ________________________________ Theresa Schyma, City Clerk (SEAL) 119 Resolution No. 25-058 June 17, 2025 Exhibit A Public Works Facility Project Property Tax Identification No. 33-118-21-23-0008 Fee Owner: PFJ, LLC, a Minnesota limited liability company Property Address: 6100 Olson Memorial Highway, Golden Valley, MN 55422 Abstract Property Legal Description of the Subject Property to be acquired: Lot 1, Block 1, Expressway International Park, according to the recorded plat thereof, Hennepin County, Minnesota, except that portion of the above described property which lies southerly of Line 1 described below: Line 1. Beginning at a point on the east line of said Lot 1, distant 50 feet southerly of its intersection with the east and west quarter line of Section 33, Township 118 North, Range 21 West; thence run southwesterly to a point distant 215 feet northerly (measured at right angles) of the point of termination of Line 2 described below; thence run southwesterly to a point distant 180 feet northerly (measured at right angles) of a point on said Line 2 distant 201.6 feet westerly of its point of termination; thence run westerly parallel with said Line 2 for 400 feet and there terminating; Line 2. From a point on the west line of said Section 33, distant 325.7 feet south of the west quarter corner thereof, run southwesterly at an angle of 101 degrees 11 minutes 00 seconds from said west section line (measured from north to west) for 350.9 feet to the point of beginning of Line 2 to be described; thence run northeasterly on the last described course for 100 feet to tangent spiral point; thence deflect to the right on a spiral curve of decreasing radius (spiral angle 01 degrees 07 minutes 30 seconds) for 150 feet to spiral curve point; thence deflect to the right on a 01 degree 30 minute 00 second circular curve (delta angle 10 degrees 18 minutes 00 seconds) for 686.7 feet to curve spiral point; thence deflect to the right on a spiral curve of increasing radius (spiral angle 01 degrees 07 minutes 30 seconds) for 150 feet to spiral tangent point; thence on tangent to said curve for 255.8 feet and there terminating. (Abstract property) 120 PETER G. MIKHAIL Attorney at Law Direct Dial: (612) 337-9290 Email: pmikhail@kennedy-graven.com May 27, 2025 VIA EMAIL ONLY City of Golden Valley Maria Cisneros, City Attorney MCisneros@goldenvalleymn.gov Re: Public Works Site Acquisition Engagement Agreement Dear Ms. Cisneros: Thank you for retaining Kennedy & Graven, Chartered as special counsel for Golden Valley (“City”) with respect to the matter described below. This agreement is intended to memorialize our understanding regarding the services we have already provided as well as establish the terms for our engagement going forward. Scope of Representation The nature of our representation will be to offer the City legal advice and assistance with regard to acquiring real estate needed for the site of the new public works facility. The scope of our services will include: 1. Phase 1: Acquiring title and possession: Review the status of existing title work and appraisal; complete due diligence; advise the City as needed regarding negotiations; to the extent time allows, review appraisal for compatibility with eminent domain laws and to further identify risks; prepare all pleadings and represent the City in all proceedings in court to secure title and possession; record order and proof of payment to effect quick take. 2. Phase 2: Determining Just Compensation: Represent the City in all proceedings before condemnation commissioners and on appeal if necessary; assist in the negotiation of an amicable resolution; and inform and advise the City Council. 3. Relocation: Provide legal advice and assistance to the City’s relocation agent on an as needed basis. Negotiate and litigate disputed relocation claims as needed. 121 Maria Cisneros May 27, 2025 Page 2 Personnel I will have primary responsibility for this matter and I anticipate our team will likely include Joshua P. Weir and Samantha C. Zuehlke. However, other professionals, including other lawyers, paralegals, legal assistants and others may be utilized to provide the most cost-effective expertise appropriate to your needs. We will see that you are kept updated at all stages of this matter. Fees and Expenses Kennedy & Graven will charge the City the following hourly rates: shareholders – $250; associates – $205; paralegals – $140. Our rates will increase 2.5% effective January 1, 2026, and another 2.5% effective January 1, 2027. In addition to the fees for our services, the firm may incur expenses related to providing legal services, courier and mail services, printing, photocopying, etc. These costs will be noted separately on your monthly billing statement, but are to be paid along with the attorney and paralegal fees each month. Reimbursable expenses will not include online legal research costs. Billing and Payment Bills are due and payable upon receipt. We will provide you with monthly, itemized billing statements showing time expended billed in increments of one-tenth hours. Termination of Services If at any time the City wishes to terminate our services, it may do so by notifying us in writing. Similarly, if the terms of this engagement agreement are not met, we reserve the right to terminate our representation in accordance with the applicable Minnesota rules. However, we will not withdraw our representation without providing you sufficient and timely notice of our intention. Upon termination of our services, you have a right to the return of a copy of your client file. It is your responsibility to notify us if you would like a copy of your client file. However, Kennedy & Graven retains the right to charge a reasonable fee for copy costs related to your request. Ownership of “the File” The papers and property that the City gives to us will be returned to the City promptly upon your request. We will see to it that you have copies of all relevant correspondence and originals of final legal documents that are related to our representation of you. Our own files, including notes, drafts, research materials, internal memoranda, and other attorney work product, whether or not created during the course of our representation of you, belong to the firm and will not be subject to copying or delivery to you. 122 Maria Cisneros May 27, 2025 Page 3 Retention of Documents Any documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to copy, digitally save, and/or destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement. Our records retention program will apply to this engagement, plus any engagements undertaken for you for which separate engagement letters are not prepared. If we retain any original documents, we reserve the right to return them to you by delivering them to your last known address. We will retain either photocopies or electronic copies of originals and file copies for at least five years. Client Communication We regularly communicate by email and telephone. We are continually monitoring the security of our network and updating our virus detecting software, however, we cannot guarantee the security of any correspondence sent to us or by us over the internet. In addition, we may contact you, on occasion, by cellular telephone. Due to the nature of cellular communication, it is not necessarily secure at all times. By signing this letter, you agree to the use of e-mail and occasional cellular telephone calls as possible methods of communication between you and our firm, and accept that we make no guarantees as to the security of the transmissions using these means. Minnesota Government Data Practices Act Subject to the Rules of Professional Responsibility, pursuant to Minn. Stat. § 13.05, Subd. 11, Kennedy & Graven, Chartered acknowledges that the data collected, received, stored, used, maintained or disseminated in the performance of this assignment are subject to the requirements of the Minnesota Government Data Practices Act. Sign and Return Letter This letter is your fee agreement with our firm. If you find that the terms of this letter correctly express our understanding, please sign and date the bottom of this letter, and return it to our office. Once a signed copy of this letter is received by our office, we can begin work on your case. We intend to represent the City’s interests to the best of our abilities and look forward to a successful professional relationship with you. If you have any questions or concerns, please feel free to call our office. 123 Maria Cisneros May 27, 2025 Page 4 Best Regards, KENNEDY & GRAVEN, CHARTERED /s/ Peter G. Mikhail Peter G. Mikhail I have read, understand, and am authorized to agree to the foregoing on behalf of the City of Golden Valley. By: Date: Maria Cisneros, City Attorney 124 1 PROFESSIONAL SERVICES AGREEMENT FOR SRF Consulting Group, Inc. THIS AGREEMENT is made this June 17, 2025 (“Effective Date”) by and between SRF Consulting Group, Inc. a Minnesota corporation with its principal office located at 3701 Wayzata Blvd. STE 100, Minneapolis, MN 55416 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing engineering, planning, and design consulting services. B. The City desires to hire Consultant to provide relocation services for a City Public Works facility in the City of Golden Valley. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1.Services. Consultant agrees to provide the City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2.Time for Completion. The Services shall be completed on or before December 1, 2026, provided that the parties may extend the stated deadlines upon mutual written agreement. The schedule for the Services will be mutually agreed upon between the parties on or before September 1, 2025. This Agreement shall remain in force and effect commencing from the Effective Date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3.Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out- of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit B. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $38,400.00. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing 125 2 period. The City shall pay Consultant within thirty-five (35) days after Consultant’s statements are submitted. 4. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 6. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 8. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant’s successors or assigns, agree to defend, indemnify, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or professional assistance directly arising out of Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent or otherwise wrongful, act, error or omissions in the performance of this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 9. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work related to the approved project can be performed, Consultant shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, 126 3 section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage; Professional Liability in an amount not less than $1,000,000.00 per claim/annual aggregate and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements, Consultant may use a combination of Excess and Umbrella coverage. Consultant shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 10. Subcontracting. Neither the City nor Consultant shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent Contractors, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 11. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 12. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent Consultant and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 13. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined in the City’s Respectful Work Place Policy, and Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, 127 4 procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between Exhibits A and B, the terms of Exhibit B shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Consultant shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 18. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed by Consultant in connection with the provision of the Services pursuant to this Agreement shall become the property of the City upon final payment to Consultant, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 19. Agreement Not Exclusive. The City retains the right to hire other professional Consultant service providers for this or other matters, in the City’s sole discretion. 20. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from 128 5 the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 21. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 21.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 21.2 If Consultant breaches or threatens to breach any provisions of paragraph 19.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 21.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Emily Goellner, the Community & Economic Development Director of the City, or designee. Consultant’s authorized agent for purposes of administration of this contract is Ken Helvey, Senior Project Director – Real Estate, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Ken Helvey Emily Goellner 129 6 SRF Consulting Group, Inc. 3701 Wayzata Blvd. STE 100 Minneapolis, MN 55416 khelvey@srfconsulting.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 egoellner@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 26. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 27. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 28. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 30. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 31. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 32. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. 130 7 [Remainder of page left blank intentionally. Signature page follows.] 131 8 IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. SRF CONSULTING SERVICES, INC.: CITY OF GOLDEN VALLEY: By: Name: Ken Helvey Title: Senior Project Director – Real Estate By: Roslyn Harmon, Mayor By: Noah Schuchman, City Manager 132 EXHIBIT A SCOPE OF SERVICES 133 SRF 18942.PP April 15, 2025 Emily Goellner Community and Economic Development Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Subject: Proposal for Relocation Services City of Golden Valley City Public Works Facility in the City of Golden Valley Dear Emily Goellner, Based on your request and our meeting, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide relocation services for the City of Golden Valley (Client). All relocation activities will comply with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, as well as all state and federal guidelines. Scope of Services We propose to carry out the work (“Scope of Services”), set forth in Attachments A and B, attached hereto and incorporated into this Agreement. Assumptions We assume that there are four (4) business relocations related to this project. Schedule We will complete this work within a mutually agreed upon time schedule. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. 134 Emily Goellner April 15, 2025 City of Golden Valley Page 2 Based on our understanding of the project and our scope of services, we estimate the total cost of our services to be $38,400, which includes both time and expenses. Relocation Assistance $36,000.00 Expenses (mileage) $ 200.00 Mover Estimates (up to 8 at $300 each) $ 2,400.00 Total Estimated Cost $38,400.00 Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Standard Terms and Conditions This proposal and Scope of Services (Attachments A and B) for professional services constitute the entire agreement between the City of Golden Valley and SRF Consulting Group, Inc. and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Acceptance/Notice to Proceed A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address is khelvey@srfconsulting.com. 135 Emily Goellner April 15, 2025 City of Golden Valley Page 3 We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Ken Helvey Senior Project Director – Real Estate Services KH/cjw Attachments A – Scope of Services Attachment B- Standard Terms and Conditions Approved (Name) (Signature) Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. 136 Emily Goellner April 15, 2025 City of Golden Valley Page 4 ATTACHMENT A - SCOPE OF SERVICES (General) Commercial Relocation 1. SRF will distribute an informational booklet on business relocation assistance and all appropriate forms and data to each business expected to be displaced. At this time, SRF will: Obtain a signed receipt for the informational statement provided by SRF in accordance with applicable regulations. Explain the business’s relocation program and the business’s responsibilities to receive benefits. Explain how to receive various kinds of assistance in finding new locations. Survey the business’s relocation needs. 2. Upon the City ’s initiation of negotiations to acquire the project site, SRF will: Analyze the existing data to determine the appropriate documentation required and determine the eligibility of the business’s relocation expenses for compensation. Check the personal property inventory against the acquisition data to verify that each item on the inventory is personal property and eligible for relocation. Assist the business in determining the more advantageous payment alternative to claim and provide further instructions on how to proceed. 3. SRF will provide the following assistance with Moving Expense Claims: Assist the business in preparing specifications for work generally eligible for compensation. Advise, when necessary, on the procedure to obtain required bids. Act, when appropriate, as an agent, in regard to accepting bids. Analyze the bids to determine their reasonableness. Notify the business of the low acceptable bid. When appropriate, inspect the move of personal property while in progress. Assist the business in assembling all invoices, paid receipts, and other documentation necessary to substantiate its relocation claim. When necessary, analyze billings to determine their reasonableness. Assemble the appropriate claim form and documentation for signature and submission for approval. 4. SRF will provide the following assistance with Direct Loss Claims: Obtain business and contractor approval of the appraisal and moving estimate. Notify the business to proceed with the sale and provide instructions regarding necessary record keeping. Assist, when necessary, in the preparation of advertising. If necessary, determine that the bona fide sale requirements have been met. Assist the business with preparation of necessary documents, and obtain required certifications of sales receipts, advertising, and so forth. 5. SRF will provide the following assistance with Fixed Payment Claims: Determine the eligibility of the business to receive this alternate payment. Reviewand analyze IRS or otherappropriate documentstodetermine the limit of thepayment. Assemble the appropriate claim forms and documentation for signature and submission for approval. 137 Emily Goellner April 15, 2025 City of Golden Valley Page 5 6. Other: SRF shall prepare, at the City ’s request, the required and proper formats to be used by the City in notifying occupants being displaced about their relocation eligibility and benefits to which they may be entitled. SRF will also, at the City ’s request, assist them in the preparation of the required notices to vacate for delivery to the residents. SRF shall search for replacement sites for the business being displaced and refer available suitable sites found for each business. SRF shall expend appropriate and necessary time searching for such referrals, documenting all time expended. SRF does not guarantee that suitable referrals will be found. 7. Recommendations: SRF will transmit to the City the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. 8. In completing this project, SRF does not assume responsibility for: Accounting and record keeping (except as related to the specific claim). Payment for direct loss appraisals, appraisals of salvage value, property analyses, and moving cost estimates and/or bids. Work associated with a relocation grievance and/or court preparation. Site searching more than four hours per business of SRF’s time. Appraisals - Fixture or Real Property. Minimum Compensation Analysis. 138 EXHIBIT B FEE SCHEDULE 139 EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Joseph Stark From: Ken Helvey <khelvey@srfconsulting.com> Sent: Tuesday, April 15, 2025 10:02 AM To: Joseph Stark Subject: RE: Golden Valley - Proposal for Relocation Services Attachments: 18942.PP_Golden Valley_Relocation Proposal_ 4.15.2025.pdf Joe, Sorry for the numbers mix-up. Here is a revised letter. As for hourly rates see rate below: Professional VII- $285.75 Professional VI- $202.82 Professional V- $165.00 Professional IV- $125.37 Professional III- $123.65 Professional II- $105.80 Ken Helvey Senior Director- Real Estate Services SRF Consulting Group, Inc. 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416 763-249-6785 khelvey@srfconsulting.com Solutions That Make a Difference srfconsulting.com | Facebook | LinkedIn | Twitter | YouTube | Instagram CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are confidential and are intended solely for addressee. The information may also be legally privileged. This transmission is sent in trust, for the sole purpose of delivery to the intended recipient. From: Joseph Stark <jstark@goldenvalleymn.gov> Sent: Monday, April 14, 2025 4:14 PM To: Ken Helvey <khelvey@srfconsulting.com> Subject: Golden Valley - Proposal for Relocation Services External Sender Warning: This message was sent from an external sender. Do not click on any links or open any attachments unless you know and trust the sender. Mr. Helvey, 1 140 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting June 17, 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 141 Review of Council Calendar Event Event Time Location JUNE Wednesday, June 18 Public Safety Open House 5:00 PM Public Safety Building 7700 Golden Valley Rd Thursday, June 19 City Offices Closed for Observance of Juneteenth Sunday, June 22 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Friday, June 27 Kumbayah The Juneteenth Story: Special Edition 2:00 PM - 3:30 PM The O’Shaughnessy St. Catherine University, 2004 Randolph Ave, St Paul Sunday, June 29 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus JULY Tuesday, July 1 HRA Meeting (if necessary)6:30 PM Council Chambers City Council Meeting 6:30 PM Council Chambers Friday, July 4 City Offices Closed for Observance of Independence Day Sunday, July 6 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, July 7 Ice Cream Social 7:00 PM - 8:00 PM Brookview Park Tuesday, July 8 HRA Work Session (if necessary)6:30 PM Council Conference Room Council Work Session 6:30 PM Council Conference Room Sunday, July 13 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, July 15 City Council Meeting 6:30 PM Council Chambers Sunday, July 20 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, July 22 Golden Valley Business Connections 8:00 AM - 9:30 AM AAA, 5400 Auto Club Way Sunday, July 27 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus 142