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01-03-23 City Council Agenda January 3, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Certificate of Appreciation for Outgoing Robbinsdale School Board Member Mike Herring 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 Check Register 3B.Licenses: 3B.1.Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 3B.2.Gambling License Exemption and Waiver of Notice Requirement - Golden Valley Police Association 3C.Bids, Quotes, and Contracts: 3C.1.Approve Purchase of a Bobcat UW56 Toolcat 3C.2.Approve Purchase of a Bobcat T66 Compact Track Loader 3C.3.Approve Settlement Agreement and Authorize Payment for the Acquisition of Property Rights from Parcel 3 for Douglas Drive and Trunk Highway 55 Intersection Improvement Project, Resolution No. 23-001 CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2467 203 6704. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2467 203 6704 . Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting January 3, 2023 — 6:30 PM 1 3C.4.Approve Memorandum of Understanding with Sweet Potato Comfort Pie 3C.5.Approve Professional Services Agreement with Padilla Speer Beardsley, Inc for Communications Consulting 3D.Designation of 2023 Official Newspaper - New Hope/Golden Valley Sun-Post 3E.Approve Resolution No. 23-002 - Annual Elections for the 2023-24 Insurance Policy 3F.Approve Resolution No. 23-003 Designating Depositories for City Funds 3G.Approval of Use of Credit Cards for Purchases 3H.Approval of Federal and State Legislative Priorities for 2023 3I.Approval of One-Year Extension of Zoning Code Variance for 3017 Major Ave N 4.Public Hearing 5.Old Business 6.New Business 6A. Review of Council Calendar 6B. Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting January 3, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3A. Approval of Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again 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=927129&dbid=0&repo=GoldenValley The check register(s) for approval: 12-22-22 Check Register Financial or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount pad by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 3 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3B.1. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 Prepared By Theresa Schyma, City Clerk Summary The Sons of the American Legion Post 523 have applied for a Gambling License Exemption to conduct gambling (bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on February 10, 2023. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Sons of the American Legion Post 523 to conduct gambling (bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on February 10, 2023. 4 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3B.2. Gambling License Exemption and Waiver of Notice Requirement - Golden Valley Police Association Prepared By Theresa Schyma, City Clerk Summary The Golden Valley Police Association, a fraternal organization, has applied for a Gambling License Exemption to conduct gambling (raffle) at a fundraising event at Schuller's Tavern, 7345 Country Club Road, on January 21, 2023. The event is to help support an officer and their family during a medical event. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Golden Valley Police Association to conduct gambling (raffle) at a fundraising event at Schuller's Tavern, 7345 Country Club Road, on January 21, 2023. 5 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3C.1. Approve Purchase of a Bobcat UW56 Toolcat Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Unit 498, a 2015 Bobcat 5600 Toolcat has reached its useful life cycle and scheduled for replacement. The existing machine meets replacement criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points or higher meets the category of “needs immediate consideration”. The machine scored 41 points. Staff recommends purchasing the utility machine from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 202992. Financial or Budget Considerations The 2023-2032 Vehicles and Equipment Capital Improvement Program includes $65,000 for the purchase of the machine (V&E-177). The total cost for the equipment is $65,298.84. The total payment to the vendor is $38,000 after Tri-State Bobcat, Inc. offered $27,298.84 to trade in unit 498. Legal Considerations The proposed equipment will be purchased from state contracts that used the competitive bid process. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 6% preference from the Office of State Procurement. Recommended Action Motion to approve purchase of a 2023 Bobcat UW56 Toolcat from Tri-State Bobcat, Inc. in the amount of $65,298.84. Motion to approve trade-in of unit 498 to Tri-State Bobcat, Inc. in the amount of $27,298.84. Supporting Documents 6 Tri-State Bobcat, Inc. Quote 7 8 9 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3C.2. Approve Purchase of a Bobcat T66 Compact Track Loader Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Staff proposes to purchase an additional compact loader to help complete projects in a timely and effective manner. Projects have been delayed in recent years, sometimes until the following year, due to the unavailability of the only skid steer the city owns. The additional skid steer will help staff complete their workload in a reasonable time frame. Staff recommends purchasing the skid steer from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 205141. Financial or Budget Considerations The 2023-2032 Vehicles and Equipment Capital Improvement Program includes $60,000 for the purchase of an additional skid steer loader (V&E-211). Additional funding will come from reserves. Legal Considerations The proposed equipment will be purchased from state contracts that used the competitive bid process. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 6% preference from the Office of State Procurement. Recommended Action Motion to approve purchase of a 2023 Bobcat T66 Compact Track Loader from Tri-State Bobcat, Inc. in the amount of $68,034.12. Supporting Documents Tri-State Bobcat, Inc. Quote 10 �Bobcat. Ship to Bobcat Dealer Product Quotation Quotation Number: 416F041617 Date: 2022-12-08 16:32:48 Bill To City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 Phone: (763) 593-3981 Fax: (763) 593-8024 Tri-State Bobcat Inc, Burnsville, MN 1200 HWY 13 E City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 Phone: (763) 593-3981 Fax: (763) 593-8024 BURNSVILLE MN 55337-2214 Phone: (952) 894-0894 Fax: (952) 894-5759 Description T66 T4 Bobcat Compact Track Loader 74.0 HP Tier 4 V2 Bobcat Engine Auxiliary Hydraulics: Variable Flow Backup Alarm Bob-Tach Bobcat Interlock Control System (BICS) Controls: Bobcat Standard Cylinder Cushioning -Lift, Tilt Engine/Hydraulic Performance De-rate Protection Glow Plugs (Automatically Activated) Hom Instrumentation: Standard 5" Display (Rear Camera Ready) with Keyless Start, Engine Temperature and Fuel Gauges, Hour meter, RPM and Warning Indicators. Includes maintenance interval notification, fault display, job codes, quick start, auto idle, and security lockouts. Lift Arm Support Factory Installed P69 Performance Package "Power Bob-Tach 7-Pin Attachment Control High Flow Two-Speed C68 Comfort Package "Enclosed Cab with HV AC Sound Reduction Touch Display with Radio & Bluetooth Selectable Joystick Controls 15.7" C-Pattem Rubber Track 15.7" C-Pattem Rubber Track Dealer Installed Attachments 5-Link Torsion Suspension Undercarriage Engine Block Heater 7 4" Heavy Duty Bucket Bolt-On Cutting Edge, 74" Part No M0349 Lift Path: Vertical Qty Price Ea. 1 $48,816.32 Lights, Front and Rear LED Operator Cab Total $48,816.32 Includes: Adjustable Suspension Seat, Top and Rear Windows, Parking Brake, Seat Bar and Seat Belt Roll Over Protective Structure (ROPS) meets SAE-11040 and ISO 3471 Falling Object Protective Structure (FOPS) meets SAE Jl 043 and ISO 3449, Level I; (Level II is available through Bobcat Parts) Parking Brake: Spring Applied, Pressure Released (SAPR) Solid Mounted Carriage with 4 Rollers Tracks: Rubber, 12.6" Wide Warranty: 2 years, or 2000 hours whichever occurs first M0349-P06-P69 $5,883.16 Dual Direction Bucket Positioning Automatic Ride Control Reversing Fan" M0349-P07-C68 1 $5,906.72 Heated Cloth Air Ride Suspension Seat Premium LED Lights Rear View Camera" M0349-R01-C04 M0349-R09-C02 M0349-R21-Cl3 7372533 7272680 6718007 1 1 1 1 1 1 $616.28 $1,213.72 $1,821.72 $200.00 $1,135.20 $400.00 $5,883.16 $5,906.72 $616.28 $1,213.72 $1,821.72 $200.00 $1,135.20 $400.00 $65,993.12 Total ofltems Quoted Dealer P.D.I. Freight Charges City of Golden Valley 01-03-23 $250.00 $1,641.00 Dealer Assembly Charges Quote Total -US dollars PRICING PER MN CONTRACT# 205141 Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager $150.00 $68,034.12 11 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3C.3. Approve Settlement Agreement and Authorize Payment for the Acquisition of Property Rights from Parcel 3 for Douglas Drive and Trunk Highway 55 Intersection Improvement Project, Resolution No. 23-001 Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary As part of the City’s Douglas Drive and Trunk Highway 55 Intersection Improvement Project (Project No. 20-15), the City is acquiring additional easements to accommodate the new infrastructure and construction of the project as designed. The Property identified as “Parcel 3” located at 6401 Westchester Circle is one of the properties where additional easements are required. Specifically, the City is acquiring a permanent right-of-way easement needed to place a new sidewalk and retaining wall adjacent to the roadway on the western leg of the new mini roundabout. The City is also acquiring an adjacent strip of temporary construction easement to provide a work area and to match the grade of the new right of way. Staff worked with appraisers at Valbridge Property Advisors to obtain an independent appraisal of the value of the acquisitions. The appraisal was completed in July and City staff and consultants worked with the property owners to negotiate terms and compensation for the easements. No agreement was reached, and in October, the City Council authorized use of eminent domain to acquire the property rights for the project (Resolution No. 22-09). On October 11, legal counsel for the City initiated an eminent domain action in Hennepin County District Court. Negotiations with the property owners continued. In December, the parties reached a proposed settlement agreement, subject to approval by the City Council. The proposed settlement includes compensation for the easements and other damages totaling $62,200 to resolve the owners’ claims. The owners have agreed to the terms of the settlement agreement and signed the documents, which are now being presented to the City Council for approval and signature. The settlement agreement is partially contingent upon the consent of U.S. Bank, a mortgage-holder on the property. If the bank’s consent is obtained, the City can finalize the easements and dismiss the condemnation. If no consent is obtained, the City will need to continue with condemnation. The settlement agreement proposes to resolve the compensation with the owners in either situation. 12 Financial or Budget Considerations Payment in the amount of $62,200 from project Funding provided by the Minnesota Department of Transportation through the Local Road improvement Program as approved by the State Legislature. Legal Considerations The settlement agreement, the permanent easement agreement, and the temporary construction easement agreement were reviewed by the City Attorney. Equity Considerations The acquisition of these permanent and temporary easements will allow for a new sidewalk to be installed along the Frontage Road provide safer access to all users of the Douglas Drive and Trunk Highway 55 intersection. Recommended Action Motion to adopt Resolution No. 23-001 approving the Settlement Agreement and authorizing payment of $62,200 for the acquisition of property rights from Parcel 3 (6401 Westchester Circle) for the Douglas Drive and TH 55 Intersection Improvement Project (Project No. 20-15). Supporting Documents Resolution No. 23-001 - Authorize 6401 Westchester Easements 13 1 RESOLUTION NO. 23-001 RESOLUTION APPROVING SETTLEMENT AGREEMENT AND AUTHORIZING PAYMENT FOR THE ACQUISITION OF PROPERTY RIGHTS FROM PARCEL 3 WHEREAS, The City received a commitment for funding from the State of Minnesota for the Douglas Drive and Trunk Highway 55 Intersection Improvement Project, Project No. 20-15 (the “Project”); WHEREAS, the City required additional property rights in order to construct and maintain the Project as designed, including acquisition of a Permanent Easement for right- of-way purposes and a Temporary Easement for construction purposes from the property located at 6401 Westchester Circle, Golden Valley, MN (Hennepin County Tax Parcel No. 32-118-21-41-0036), designated as “Parcel 3”; WHEREAS, on October 6, 2022, the City Council passed Resolution No. 22-091 Authorizing Eminent Domain Proceedings to Acquire Certain Real Property Interests, including the interests to be acquired from Parcel 3; WHEREAS, on October 11, 2022, legal counsel for the City initiated an eminent domain action in Hennepin County District Court entitled City of Golden Valley v. Seth M. Humphrys, et al., Court File No. 27-CV-22-14935 (the “Condemnation”); WHEREAS, since filing the Condemnation, City staff and consultants have continued to negotiate with the owners of Parcel 3 to reach a voluntary agreement on the terms of the acquisitions from Parcel 3; WHEREAS, subject to approval by the City Council, representatives of the parties have negotiated an agreement regarding the terms of the acquisition, including the amount of compensation to be paid for the resolution of all outstanding claims related to the acquisition and the Condemnation (the “Settlement Agreement”), a copy of which is attached hereto as Attachment A; WHEREAS, as a part of the Settlement Agreement, representatives of the parties have negotiated a Permanent Easement Agreement, a copy of which is attached hereto as Attachment B and a Temporary Construction Easement Agreement, a copy of which is attached hereto as Attachment C (collectively, the “Easements”); WHEREAS, the City Council has fully considered the terms of the Settlement Agreement and has determined that is in the best interests of the community to approve it as presented. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that: 14 2 1. The above recitals are incorporated herein to this Resolution; 2. The Settlement Agreement is hereby approved by the City Council of the City of Golden Valley; 3. The Mayor and City Manager of the City are hereby authorized and directed to execute all appropriate documents and take all necessary actions to facilitate the settlement contemplated therein, with all such actions to be in accordance with the terms and the conditions set forth in this Resolution and the incorporated Settlement Agreement; and 4. The Mayor and City Manager of the City, staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Adopted by the City Council of Golden Valley, Minnesota this 3rd day of January 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 15 ATTACHMENT A Settlement Agreement 16 0 0 Cl) ..,. � M <.o ,._ ,o � ..,. L() L() (/) .J 0 0.. <( UJ z z ::;; 0 0 "' UJ 1-::, (/) (/) UJ ::, z UJ > <( <( z UJ X MEMORANDUM OF AGREEMENT Parcel No. 3 Address: 6401 Westchester Circle, Golden Valley, MN 55427 Property ID: 32-118-21-41-0036 Fee Owners: Seth M. Humphrys and Rose Humphrys On this 6th day of January, 2023, Seth M. Humphrys and Rose Humphrys, husband and wife ("Owners"), as Owners of the above-described parcel of property located in the City of Golden Valley, County of Hennepin, State of Minnesota (the "Subject Property"), did execute and deliver a conveyance related to the aforesaid real estate to the City of Golden Valley (the "City") including a Permanent Easement for right-of-way purposes and a Temporary Construction Easement (collectively the "Easements"). This Agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1.The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the TH 55 Underpass and Mini-Roundabout Project (the "Project"). 2.The Owners understand and acknowledge that WSB's Representative has no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the conveyance of said Easements, the City shall pay all interested parties the sum of Sixty-two thousand, two hundred dollars and 00/100 ($62,200.00) (the "Settlement Amount"). Owners understand that payment by the City is contingent upon approval by the City Council, recording of the Permanent Easement and processing of a payment voucher. The breakdown of this payment is as follows: Permanent Easement 965 s uare feet Temporary Easement 633 s uare feet Other Damages: Cost to Cure: Fence TOTAL (rounded to): GL135-38-837986.v2-12/9/22 Landscaping $29,275.00 $4,000.00 $9,700.00 $19,200.00 $62,200.00 Page 1 of 3 17 18 responsibility for removing or mitigating the trees if they perish following the Project. c.Fence and/or Buffer. The Owners shall be responsible for the installation of any fence and/or other buffer desired on the Subject Property. d.Condemnation Action. The Parties agree that upon payment of the Settlement Amount, the City shall dismiss or otherwise conclude the Condemnation Action. Each Party shall bear its own attorneys' fees in connection with this action. e.Counterparts. The Parties agree that this document may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and the Permanent Easement and Temporary Construction Easement agreements dated January 6, 2023 and that these Agreements supersede all oral agreements and negotiations between the parties. CITY OF GOLDEN VALLEY By: __________ _ Shepard M. Harris, Mayor By: ___________ _ Timothy J. Cruikshank, City Manager Page 3 of 3 GL135-38-837986.v2-12/9/22 19 ATTACHMENT B Permanent Easement Agreement 20 PERMANENT EASEMENT AGREEMENT THIS AGREEMENT CONCERNING PERMANENT EASEMENT (the "Agreement") is made as of the 3rd day of January, 2023 and by and between Seth M. Humphrys and Rose Humphrys, husband and wife ("Grantor"), and the City of Golden Valley, a Minnesota municipal corporation ("Grantee"). RECITALS: WHEREAS, Grantor is a fee owner of that certain real property located in Hennepin County, Minnesota, that is legally described on "Exhibit A" attached hereto (the "Property"); NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Easement Grant. Grantor hereby grants and conveys unto Grantee a permanent easement(s) for highway purposes to grade, construct, operate, maintain, use, alter, repair and remove a public highway, trails, sidewalks, storm sewer, sanitary sewer, other transportation related use(s) and utilities, boulevards and appurtenances, including for drainage and utility purposes and for other public and/or quasi-public uses and appurtenances permitted under Minnesota State Statutes, including as may be amended or superseded, together with all other rights necessary and convenient for the enjoyment and use of same over, under and across the real property situated in the City of Golden Valley, State of Minnesota, that is described on "Exhibit B" and depicted on "Exhibit C" attached hereto (the "Easement Area"). Notwithstanding the foregoing, Grantee shall not construct or erect any buildings or permanent structures on the Easement Area, except as set forth herein. In the event of any conflicts between Exhibits B and C, Exhibit B shall control to the extent of any such conflicts. The foregoing easement granted herein includes the right of the Grantee, and its employees, contractors, agents, successors and assigns, to enter the Easement Area at all reasonable times 21 22 23 IN WITNESS WHEREOF, this Agreement Concerning Permanent Easement has been executed and delivered as of the date set forth above. CITY OF GOLDEN VALLEY By:--------------- Shepard M. Harris, Mayor By:-------------- Timothy J. Cruikshank, City Manager STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on January 3, 2023, by Shepard M. Harris and Timothy J. Cruikshank, the Mayor and City Manager, respectively, of the City of Golden Valley, a municipal corporation under the laws of the State of Minnesota on behalf of the City. This instrument drafted by: City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Notary Public 4 24 25 26 27 ATTACHMENT C Temporary Construction Easement Agreement 28 (Above space is reserved for Recording Information) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement") is made and entered into this 3rd day of January, 2023, by Seth M. Humphrys and Rose Humphrys, husband and wife, ("Grantor") and the City of Golden Valley a Minnesota municipal corporation organized under the laws of the State of Minnesota ("Grantee"). This Agreement sometimes refers to the Granter and Grantee individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, Granter is the owner of certain real property located at 6401 Westchester Circle, Golden Valley, Minnesota, and legally described on the attached Exhibit A (the "Grantor Property"); WHEREAS, Grantee desires to acquire a temporary easement for construction purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of grading and excavation for construction purposes, together with the right to cut, trim, or remove all grass, trees, brush, undergrowth, buildings, structures, improvements, or other obstructions from the Temporary Easement Area, as well as the right to deposit construction materials upon the Temporary Easement Area and to deposit or remove earthen materials from the Temporary Easement Area across a part of the Grantor Property for the TH 55 Underpass Project (the "Project"); WHEREAS, Grantee requires access to the Granter Property to complete the Project by way of a temporary construction easement; 29 30 31 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. STA TE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) CITY OF GOLDEN VALLEY By: Print Name: TIMOTHY J. CRUIKSHANK Its: CITY MANAGER The foregoing instrument was acknowledged before me this 3rd day of January, 2023, by TIMOTHY J CRUIKSHANK, CITY MANAGER, CITY OF GOLDEN VALLEY, 7800 GOLDEN VALLEY ROAD, GOLDENVALLEY MINNESOTA Grantee. This instrument drafted by: CITY OF GOLDEN VALLEY (MTC) 7800 Golden Valley Road Golden Valley, MN 55427 Notary: ____________ _ Commission Expires: ________ _ 32 33 34 35 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3C.4. Approve Memorandum of Understanding with Sweet Potato Comfort Pie Prepared By Airrion Williams, Community Connection and Outreach Specialist Summary The attached memorandum of understanding outlines roles and responsibilities and formalizes the existing arrangement and the good work Sweet Potato Comfort Pie has been providing to the community for many years. This MOU will help the City and Sweet Potato Comfort Pie grow their collaboration to support each other's work. Financial or Budget Considerations No budget considerations. This MOU allows the parties to exchange in-kind services. Legal Considerations This MOU is consistent with the City's approved template for MOUs with community non-profit organizations and has been reviewed and approved by the City Attorney. Equity Considerations As the city continues its equity work we recognize that a partnership with Sweet Potato Comfort Pie would appeal to the equity pillar of “Inclusive and effective community engagement”. Sweet Potato Comfort Pie’s mission is to advance racial justice and equity, heal damage caused by race-based trauma and elevate marginalized voices and experiences. We achieve our mission in three ways: by using the powerful Black cultural food tradition of making and delivering sweet potato pies; by facilitating story-circle dialogues, speaker series, workshops with intentional listening and authentic sharing; and by building multicultural alliances/relationships and youth/elder mentorships that deepen commitment to racial justice work. Sweet Potato Comfort Pie will help fulfill the following goals and objectives: 1. Racial reconciliation 2. Re-imagining public safety through collaborative solutions grant 3. Diversity, Equity, and Inclusion Commission duties and responsibilities 4. Equity Plan Recommended Action Motion to Approve a Memorandum of Understanding with Sweet Potato Comfort Pie 36 Supporting Documents Memorandum of Understanding with Sweet Potato Comfort Pie 37 Memorandum of Understanding between the City of Golden Valley and Sweet Potato Comfort Pie This Memorandum of Understanding (“MOU”) is made by and between the City of Golden Valley, a Minnesota Municipal Corporation (the “City”) and Sweet Potato Comfort Pie ("Partner") a 501c3 nonprofit organization under the laws of the state of Minnesota (collectively, the “Parties”). RECITALS 1. The City of Golden Valley seeks to provide financial and administrative support for various community activities in the City of Golden Valley through a formalized relationship with Sweet Potato Comfort Pie. 2. The City believes Partner serves an important purpose in the community. The City recognizes that Partner’s work improves the general health and welfare of the community by advancing the mission through healing, community restoration, and helping the City deliver services to the community that the City may not otherwise have the resources or capacity to deliver. 3. The City appreciates the desire of Partnerto host eventsin Golden Valley for the overall good and well-being of the community, residents, and businesses. 4. Partner’s activities help fulfill the following goals and objectives identified by the City: a. Racial reconciliation b. Re-imagining public safety through collaborative solutions grant c. Diversity, Equity, and Inclusion Commission duties and responsibilities d. Equity Plan 5. The Parties wish to reinforce their positive and collaborative relationship by entering into this Memorandum of Understanding. TERMS OF UNDERSTANDING 1.The Parties’ Roles and Responsibilities.The City agrees to assume the following roles and responsibilities: a.Meeting Space. The City shall make the following space available to Partner at no cost for the purposes hereafter described: i.One conference room space at a City of Golden Valleyfacility for up to 12 meetings per year. b.Communications. The City may support Partner by promoting and drawing attention to 38 Partner and its activities in the City’s newsletter, on its website and social media pages, and through other means upon request to the City’s Communications Department as follows: i.Include a link to the Partner’s website on the "Community Engagement" page of the City's website. ii.Include links to community activities hosted by Partner on the City website's "Community Events" page and on the City's online City Calendar. Community activities shall include the following (collectively referred to herein as “Community Activities”): 1. Martin Luther King Jr. Holiday of service 2. Juneteenth Jubilee 3. Rose Service Scholar and Elder/Mentor cohort 4. Peace and Love Circles 5. Story Circles and events related to healing and community restoration in or around Golden Valley iii.Promote Community Activities hosted by Partneron the City website's home page news feed at least twice prior to each such event. Each such promotion shall consist of a brief description of the event followed by a link to Partner’s website. iv.The City Facebook page will "Like" and "Follow" Partner’s Facebook page. v.The City Facebook page will share Partner’sFacebook posts regarding Community Activities hosted by Partner at least twice before each event. vi.Subject to the City's Electronic Billboard Policy, the City will promote Partner’s Community Activities on the City's electronic billboard on the City Hall campus. Each event shall be promoted for one month prior to the event. Partner may request that the City promote additional events on the electronic billboard. vii.List Community Activities hosted by Sweet Potato Comfort Pie, with links to the Sweet Potato Comfort Pie website, on the City website's "Community Events" page and in the edition of Golden Valley CityNews that immediately precedes each event. During the first year of this agreement, the City will provide one news story about the agreement in the CityNews as space allows. The City may occasionally publish additional articles about Sweet Potato Comfort Pie and its community activities as space allows. viii.Provide space in the City's Recreation Activities Catalog to promote Community Activities in the issue immediately preceding each event. Promotions will be sized as space allows, and Sweet Potato Comfort Pie shall provide finished artwork. ix.Include on its website and in its publications a link to membership and volunteer opportunities for the purposes of promoting community participation in the Sweet Potato Comfort Pie. All promotions must comply with any applicable City policies, including but not limited to the 39 Social Media Policy, Electronic Billboard Policy, and the Guidelines for City Communication Outlets. 2.Partner’s Role and Responsibilities. Partner agrees to assume the following roles and responsibilities (the “Services”): a. Host at least two peace and love circles annually in Golden Valley b. Promote the City’s Building an Equitable Golden Valley events c. Invite appropriate City staff to planning meetings for events d. Provide status updates e. Provide budget information to the City in advance so that the parties can consider other opportunities for the City to contribute to and support SPCP events 3.Consideration.The Parties acknowledge that, if not for Partner’s agreement to provide the Services, the City would provide the Services and the cost to the City of doing so would exceed the fair market value of providing the Meeting Space and Marketing Services to Partner. Partner and City may enter into professional services agreements for Partner to provide services not outlined in this MOU for additional compensation. 4.Administration. Partner shall meet at least once annually with City staff to discuss work completed during the past year, work proposed for the following year, and any proposed changes to this MOU. 5.Condition of City Property. The City makes all City property available to Partner in “as is” condition and makes no representations or warranties concerning its condition or its suitability for use by Partner. The City assumes no duty to warn either Partner or its volunteers concerning conditions that exist now or may arise in the future. 6.Indemnification. Partner shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents, invitees and volunteers (collectively “City Parties”) from any liability, claims, demands, suits, penalties, personal injury, judgments and costs of any kind whatsoever (collectively, “Claims”), including but not limited to Claims for bodily injury, loss of life or damage to property, arising out of or in any way relating to or resulting, whether wholly or in part, fromthe acts or omissions of Partnerand Partner’suse of or entry upon City property. 7.Relationship of the Parties. It is agreed that nothing contained in this MOU is intended or should be construed in any manner as creating or establishing a partnership or joint venture between the Parties. Neither Party agrees to accept responsibility for the acts of the other Party or of the other Party’s officers, personnel, employees, agents, contractors, or servants. Any claims arising out of the employment or alleged employment, including without 40 limitation, claims of discrimination, by or against a Party’s officers, personnel, employees, agents, contractors, or servants will in no way be the responsibility of the other Party. Neither Party will have any authority to bind the other by or with any contract or agreement, nor to impose any liability upon the other. All acts and contracts of each Party will be in its own name and not in the name of the other, unless otherwise provided herein. 8.Term.This MOU shall commence on December 20, 2022, (the "Commencement Date") and shall continue indefinitely until terminated. 9.Termination. Either Party may terminate this MOU, with or without cause, upon 60 days’ written notice to the other Party. 10.Amendment. The Parties may amend this MOU by mutual written agreement. Any such amendment shall only be effective if duly executed by the authorized representatives of each Party. 11.Applicable Law and Venue. The laws of the State of Minnesota shall govern the interpretation and enforcement of this MOU and any actions arising out of or relating to this MOU shall be brought in Hennepin County District Court in the state of Minnesota. Executed the day and year first above written, by the Parties as follows: PARTNER:CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 41 EXECUTIVE SUMMARY Communications 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3C.5. Approve Professional Services Agreement with Padilla Speer Beardsley, Inc for Communications Consulting Prepared By Cheryl Weiler, Communications Director Maria Cisneros, City Attorney Tim Cruikshank, City Manager Summary In 2017 the City hired Padilla Speer Beardsley, Inc to expand the City’s communications plan, conduct media training for staff, and provide on-call communications consulting when needed. This contract formalizes the agreement for on-call communications support, which could range from simple guidance and advice to full-fledged media management or social media monitoring and response. Financial or Budget Considerations Services will be billed at an hourly rate in accordance with Padilla’s current rate card and are budgeted in Communications-Professional Services or the Insurance Division (1115.6340), based on the situation. Legal Considerations This contract is on the City's professional services agreement template and was reviewed and approved by the City Attorney. Equity Considerations Padilla’s commitment to diversity, equity, and inclusion (DEI) aligns with the City of Golden Valley’s. In working with clients, Padilla focuses on providing strategic counsel in four key areas: corporate responsibility, community engagement, DEI, and environmental sustainability. Recommended Action Motion to approve Professional Services Agreement with Padilla Speer Beardsley, Inc for Communications Consulting. Supporting Documents Professional Services Agreement 42 PROFESSIONAL SERVICES AGREEMENT FOR COMMUNICATIONS AND PUBLIC RELATIONS CONSULTING SERVICES THIS AGREEMENT is made thisJanuary 3, 2023(“Effective Date”) by and betweenPadillaSpeer Beardsley, Inc. (“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 communications and public relations consulting services. B. The City desires to hire Consultant to provide communications and public relations consulting services. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1.Services.Consultant agrees to provide the City with communications and public relations services as mutually agreed to by Consultant and the Golden Valley City Manager or their designee (the “Services”). All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2.Term.This Agreement shall remain in force and effect commencing from the effective date and continuing until terminated by the City or amended pursuant to the Agreement. 3.Consideration.The City shall pay Consultantin accordance with the current rate cardattached hereto as Exhibit A and incorporated herein, per hour for the Services. The consideration shall be for both the Services performed by Consultant and anyexpenses incurred.The City shall reimburse Contractor for Contractor’s reasonable, actual, out-of-pocket expenditures incurred by Contractor in carrying out Contractor’s duties under this Agreement provided such expenses are approved, in writing, by the City in advance. Consultant shall submit statements to the City upon completion of the Services. The City shall pay Consultant within thirty-five (35) days after Consultant’s statements are submitted. 4.Termination.Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement with a thirty (30) day notice; b. Consultant may terminate this Agreement upon providing thirty (30) days’ written notice to the City; 43 c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all with a written thirty (30) day notice; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 6.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 7.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 8.Limitation of Liability.Notwithstanding any other provision of this agreement, the Consultant's aggregate liability to the City for all damages arising under or relating to any particular statement of work, shall not exceed the amounts paid to the Consultant in respect of such statement of work, and the Consultant's aggregate liability to the City for all damages resulting from or arising out of this agreement including all statements of work hereunder, will not exceed the amounts paid to the Consultant in respect of this agreement. 9.Assignment and Subcontracting.Neither the City nor Consultant shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law.Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 10.Independent Contractor.Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged inthe 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 44 the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to:income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 11.Compliance with Laws.Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and proceduresregulating 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, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 12.Entire Agreement.This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 13.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 14.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 15.Conflict of Interest.Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City.In the event of a conflict of interest, Consultant shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 16.Work Products and Ownership of Documents.All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at 45 the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 17.Agreement Not Exclusive.The City retains the right to hire other professional consultant service providers for this or other matters, in the City’s sole discretion. 18.Data Practices Act Compliance.Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “MGDPA”).Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement.These obligations shall survive the termination or completion of this Agreement. 19.Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 19.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 19.2 If Consultant breaches or threatens to breach any provisions of paragraph 18.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 19.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 20.No Discrimination.Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 46 21.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 22.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 23.Publicity.At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shallnot use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 24.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 25.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 26.Counterparts and Electronic Signatures.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 27.Recitals.The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CONSULTANT CITY OF GOLDEN VALLEY: By: _________________________________ Chris Werle, Senior Vice President By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 47 Exhibit A 48 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3D. Designation of 2023 Official Newspaper - New Hope/Golden Valley Sun-Post Prepared By Theresa Schyma, City Clerk Summary In accordance with Minnesota Statutes, the Council must designate a newspaper of general circulation in the City as the official newspaper in which all ordinances, hearing notices, advertisement for bids, etc. are required to be published. The New Hope/Golden Valley Sun-Post has communicated an interest in continuing to serve as the official newspaper for the City of Golden Valley. The New Hope/Golden Valley Sun-Post is qualified to serve as a legal and official newspaper under Minnesota Statutes Section 331A.02, Subd. 1 . Financial or Budget Considerations The 2023 Council Budget has $18,500 allocated to public hearing notices. Legal Considerations This item does not require legal review. Equity Considerations Ensuring all residents of Golden Valley have access to important information regarding City Council decisions fits within Pillar 2 of the City's Equity Plan - inclusive and effective community engagement. Recommended Action Motion to designate the New Hope/Golden Valley Sun-Post as the 2023 official newspaper for the City of Golden Valley. 49 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3E. Approve Resolution No. 23-002 - Annual Elections for the 2023-24 Insurance Policy Prepared By Sue Virnig, Finance Director Summary Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. Staff recommends that the City does not waive the statutory limit on tort liability established by Minnesota Statues 466.04 for the 2023-24 insurance policy. This policy is a February 1 renewal. Financial or Budget Considerations If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. Insurance rates from the League reflect this coverage. Legal Considerations The League of Minnesota Cities covers about 95% of the cities for liability. Equity Considerations Not applicable. Recommended Action Motion to approve Resolution No. 23-002 for the Annual Elections for the 2023-24 Insurance Policy. Supporting Documents Resolution No. 23-002 - Annual Elections for the 2023-2024 Insurance Policy 50 RESOLUTION NO. 23-002 RESOLUTION FOR THE ANNUAL ELECTIONS FOR THE 2023-24 INSURANCE POLICY WHEREAS, the City of Golden Valley must declare whether or not to waive the statutory limits on tort liability established by Minnesota Statutes 466.04. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that it does not waive the statutory limits on tort liability established by Minnesota Statutes 466.04 for the 2023-24 insurance policy. Adopted by the City Council this 3rd day of January, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 51 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3F. Approve Resolution No. 23-003 Designating Depositories for City Funds Prepared By Sue Virnig, Finance Director Summary State Law requires cities to have depositories for City and Housing and Redevelopment Authority funds approved annually. The attached resolution states the depository, accounts, and signature requirements (facsimile for general account) for each account. Financial or Budget Considerations Not Applicable Legal Considerations State Statutes regulate how the City/HRA can deposit their funds. Equity Considerations The City's work to expand their list of banking services while following the State's requirement allowed the City to add an additional bank. The First Independence Bank in Minneapolis was added to the list and is black owned. Recommended Action Motion to approve Resolution No. 23-003 Designating Depositories for City Funds. Supporting Documents Resolution No. 23-003 - Designation of Depository for City Funds 52 RESOLUTION NO. 23-003 RESOLUTION DESIGNATING DEPOSITORY WHEREAS, Minnesota Statutes set procedures and require the City Council to designate depositories for City funds which include the Housing and Redevelopment Authority (HRA) as a blended component unit; and WHEREAS, these statutes allow the City Council to authorize the Accounting Supervisor or Finance Director/Treasurer to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and WHEREAS, Wells Fargo Bank, Minnesota, N.A., is now the official depository; and WHEREAS, Wells Fargo Bank, Minnesota, N.A., wires transfer funds to below institutions for investments purchased by the City and HRA: 4M Fund Bell Bank BNC National Bank First Independence Bank RBC-Dain Rauscher Stifel Nicolaus & Co Inc Sunrise Bank UBS US Bank Wells Fargo THEREFORE, BE IT RESOLVED that the following signatories or alternates are authorized to be signatories on checks drawn on funds deposited: 1.General Checking: Mayor or Mayor Pro Tem and Treasurer or Accounting Supervisor; Each check requires two (2) signatures. Use of facsimile signatures by the following named persons: Shepard M Harris Mayor Susan M Virnig Treasurer 2.Internal Deposit Funds: (Motor Vehicle Registration Fund Checking, DNR Transaction account) Transfers may be made by the City Treasurer and Accounting Supervisor to the State of Minnesota, DNR and City of Golden Valley General Checking; Deputy Registrar may make transfers between accounts (Motor Vehicle Registration Fund and DNR Account) and to the State of Minnesota for deposits. 3.Imprest Fund Checking:(Park and Recreation, City Activity Account, Brookview Golf Course and Brookview Golf Activity): 53 Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change and each check shall require one (1) signature. Transfers from accounts are authorized by the Finance Director or Accounting Supervisor. 4.ACH Transfers:(City of Golden Valley General Account): Will be authorized for the Payroll Accountant, Accounting Supervisor or Finance Director/Treasurer for payroll transfers created by the Payroll System. Will be authorized for the Deputy Registrar, Accounting Supervisor or Finance Directory/Treasurer for transfers to the State or Department of Department of Natural Resources (DNR). Will be authorized for the Accounting Supervisor and Finance Director/Treasurer will be authorized to make transfers to the Investment firms or electronic payments authorized. BE IT FURTHER RESOLVED that the following shall be authorized to make investments of city funds and shall be authorized to deposit the principal of said investments in the above named depositories as necessary and beneficial to the City: City Manager, Finance Director/Treasurer and Accounting Supervisor. The City Clerk is authorized and directed to furnish each of the depositories with certified copies of this resolution along with such signature documentation as is required by the depository and the authorizations set forth in all above. Adopted by the City Council this 3rd day of January, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 54 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3G. Approval of Use of Credit Cards for Purchases Prepared By Sue Virnig, Finance Director Summary MN Statute 471.382 authorizes the use of credit cards by cities, but the legislation requires prior City Council approval of those employees who will be using the cards on behalf of the City. The following are the credit cards issued: Store issued credit cards Speedway Northern Tool Sears Home Depot Non-store issued cards US Bank (employee will sign use of purchasing card program) Not all businesses accept purchase orders from the City. The stores listed above have credit cards with their business name on them. All use will need to be approved by the supervisor before any purchase is made. The US Bank is a purchasing/credit card with the employee’s name on it. These cards will be used only if no other form of payment is accepted. Each employee given authority will sign a use of card policy with terms of acceptable use. An employee may keep the card for a period of time with approval from the supervisor. Therefore, staff is recommending that the City Council authorize the use of the following credit cards listed above by any City employee, who has received prior approval of the appropriate supervisor. Financial or Budget Considerations Credit Card payments will be included on the city check register. Legal Considerations MN Law governs the use of credit cards. 55 Equity Considerations Not Applicable Recommended Action Motion to approve usage of credit cards by any city employee who has received prior approval from the appropriate supervisor and approved by the Finance Director and/or City Manager. 56 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session January 3, 2023 Agenda Item 3H. Approval of Federal and State Legislative Priorities for 2023 Prepared By Timothy Cruikshank, City Manager Summary Annually, the City Council reviews its Federal and State Legislative Priorities in preparation for the upcoming year. At their 12/13/22 work session, Council discussed and directed staff to make changes to the 2022 Priorities that are now included in the attached 2023 documents. Legal Considerations Legal review is not required for this item. Equity Considerations When considering Federal and State legislative priorities, the Council should ensure those priorities are consistent with the City's 2022 Equity Plan . Recommended Action Motion to approve 2023 Federal and State Legislative Priorities Supporting Documents 2023 Golden Valley State Legislative Priorities 2023 Golden Valley Federal Legislative Priorities 57 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 State Legislative Priorities Golden Valley 58 City of Golden Valley 2023 Legislative Priorities These priorities are supported by the Golden Valley City Council, and along with Metro Cities, League of Minnesota Cities, Municipal Legislative Commission, and Regional Council of Mayors policies, may be used by local officials and staff to advocate for during the Legislative session. 59 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 1 Table Of Contents FINANCIAL PRIORITIES F1. Support Local-Option Sales Tax ...................................................................4 Golden Valley supports a local-option sales tax at .05 percent to generate an estimated potential revenue of $2.85 million per year to help fund building improvements. F2. Support Bond Allocation For Remote Fire Station ..................................5 The City of Golden Valley requests support for $6.3 million in state funding for design and construction of a new remote fire station in the 2022 and 2024 bonding bills. F3. Support Funding For Local Government Aid .............................................6 The City of Golden Valley supports funding of the Local Government Aid (LGA) component to help ensure needs for public services can be met by equalizing the tax base for all cities. F4. Support Sales Tax Exemption On Local Purchases .................................7 Golden Valley supports the tax exemption of motor vehicle tax of 6.5 percent on all municipal vehicles. F5. Modify Obsolete Fiscal Disparities Formula To Assist Local Units Of Government With Basic Needs ..........................................8 The City of Golden Valley supports reviewing and amending the 50-year-old Fiscal Disparities formula to ensure all metro area local governments have ac- cess to resources and funding tools to meet growing needs. By amending the Fiscal Disparities formula, all metro area cities can use the additional amount of property taxes received to help fund needed improvements. F6. Support Funding For Affordable And Workforce Housing ......................9 The City of Golden Valley supports additional tools for local communities to develop and preserve affordable and workforce housing. 60 City of Golden Valley 2023 Legislative PrioritiesPage 2 TRANSPORTATION PRIORITIES T1. Support Full Funding For Bus Rapid Transit (BRT) And Multimodal Infrastructure Or Transportation ..................................................................10 The City of Golden Valley supports investment in Bus Rapid Transit and multimodal infrastructure on the Highway 55 corridor from Wright County to Minneapolis due to a high concentration of jobs, strong re- verse-commute patterns, and increased residential development along the corridor. This includes improving safety and mobility at key intersec- tions, like Winnetka Avenue, to better accommodate vehicles, pedestri- ans, transit, etc. T2. Support Comprehensive Transportation Funding ....................................11 The City of Golden Valley supports dedicating more resources to all components of the state’s transportation system and ensuring local units of government have access to resources and funding tools to meet growing needs. ENVIRONMENTAL PRIORITIES E1. Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects ...........................................................................12 The City of Golden Valley is requesting legislative approval of funds through the Department of Natural Resources (DNR) Flood Damage Reduction Program to implement public improvements within the DeCola Ponds and Medicine Lake Road watershed. These projects include improvements within the Cities of Crystal, New Hope and Golden Valley (eg, flood storage, subwatershed diversion, and runoff rate control projects). E2. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change ...............................................13 The Golden Valley City Council declared by resolution a Climate Emergency Dec 21, 2021. The City joins more than 2,000 jurisdictions in 34 countries to focus attention on the need for rapid action to address climate change. E3. Support Funding For Metropolitan Council Inflow/Infiltration Grants—Public And Private Improvements .................................................14 Because I/I reduction efforts benefit the entire metropolitan area, the City of Golden Valley supports the state providing continued capital assistance for grants to cities as well as financial assistance for private property through future Clean Water Legacy Act appropriations. 61 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 3 E4. Advance Building Performance .....................................................................15 The City of Golden Valley’s supports statewide energy efficiency improvements in buildings, lighting, and infrastructure and includes these as local goals in the Resilience and Sustainability Chapter of its 2040 Comprehensive Plan. COMMUNITY AFFAIRS C1. Support For Ban On Conversion Therapy Practices .................................16 The City of Golden Valley supports the State Legislature banning the practice of conversion therapy for minors in the State of Minnesota. C2. Support For Gun Control/Reform .................................................................17 The City of Golden Valley supports Minnesota’s red flag legislation for gun reform and a bill that would require criminal background checks for all firearm transfers and sales. C3. Support Equitable And Inclusive Elections ...............................................18 The City of Golden Valley supports expansive and accessible voting rights with consistent statewide standards to allow local decision-making control of cer- tain aspects in city elections. C4. Police Arbitration Reform...............................................................................19 The City of Golden Valley strongly urges the Minnesota State Legislature to consider changes to the current Minnesota Public Employment Labor Relations Act (MPELRA) arbitration system in any further discussions or proposals that address police reform measures. APPENDIX Appendix F3 .............................................................................................................21 Appendix F5 .............................................................................................................22 Appendix F6 .............................................................................................................23 Appendix T1. ............................................................................................................27 Appendix E1. ............................................................................................................31 Appendix E2 .............................................................................................................34 Appendix E3 .............................................................................................................41 62 City of Golden Valley 2023 Legislative PrioritiesPage 4 F1. Support Local-Option Sales Tax City Position The City of Golden Valley supports a local-option sales tax at .05 percent. The estimated potential revenue of $2.85 million per year would help fund critical infra- structure and building improvements. Issues City Buildings: Current City facilities do not accommodate contemporary fire protection, policing, administrative, or public works operations. To better serve the community, improve operational efficiencies, and expand economic development opportunities, the City developed a long-term, phased plan to address its building needs. The plan includes relocating public works operations out of the downtown area, constructing a modern public safety building and firefighting facilities that ac- commodate 24/7 duty crews, and a new City Hall. These improvements are sched- uled to occur over the next 30 years at an estimated cost of $160 million. Addition- al resources are needed to fund debt and keep property taxes in check. Action To fund the above described capital improvements, the City of Golden Valley re- quests authorization to enact a local-option sales tax in accordance with Depart- ment of Revenue steps, which include: • passing a resolution that includes a proposed tax rate; detailed description of up to five capital projects funded with the tax; documentation of how each project will provide economic benefits to residents, businesses, and visitors from the jurisdiction; amount of revenue to be raised for each project and estimated time needed to raise funds; total amount of revenue to be raised for all projects; and estimated length of time the tax will be in effect if all proposed projects are ap- proved • submitting the resolution and supporting documents to the Senate and House Tax Committee chairs by Jan 31, then passing a resolution with approved lan- guage for a local ballot once legislative approval is received • passing the resolution at least 90 days before a general election for voters to ap- prove by a majority vote, and if a project is not approved, adjusting the revenue and expiration date FINANCIAL 63 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 5 FINANCIAL F2. Support Bond Allocation For Remote Fire Station City Position The City of Golden Valley is requesting State funding in the amount of $17 million to acquire land, complete predesign and design work, and construct a new remote fire station for the Golden Valley Fire Department Issues The City of Golden Valley is in need of constructing a new remote fire station. Currently the City operates a paid on-call fire department out of three stations. To continue delivering effective service, the fire department needs to move to a duty-crew staffing model. However, the current three stations lack the facilities needed to accommodate a duty-crew model, and the two existing remote stations are not geographically located to provide optimal response time within the com- munity, as well as within the western metro for mutual aid requests. The City proposes to construct an approximately 20,000-square-foot remote fire station on the east side of Highway 100. This general location, combined with the current headquarters location at Winnetka Avenue and Golden Valley Road, pro- vides quick access to major thoroughfares and improves response times through- out Golden Valley. The current department staffing model does not result in 13 to 15 personnel arriving on scene at a structure fire within eight minutes, as recom- mended by the National Fire Protection Association. The City’s bonding request includes funding for land acquisition, pre-design and design work, followed by station construction. The station is proposed to include an apparatus bay of approximately 7,500 square feet and support space (office, sleeping quarters, meeting area, etc) of approximately 7,700 square feet. The sta- tion will serve as a polling location for the City and provide community meeting and training space. Action • Advocate to include the City’s funding request of $17 million for design and con- struction of a new remote fire station in the 2022 bonding bill. 64 City of Golden Valley 2023 Legislative PrioritiesPage 6 FINANCIAL F3. Support Funding For Local Government Aid City Position The City of Golden Valley supports funding of the Local Government Aid (LGA) component to help ensure needs for public services can be met by equalizing the tax base for all cities. Issue Golden Valley is one of the few cities statewide that does not receive LGA but has many basic public service needs that are underfunded. Action Advocate for the state to keep pace with inflationary pressures and support increased funding for LGA. Golden Valley supports an increase in the LGA appropriation and a review in its entirety of the formula that would at least provide a minimum distribution to help fund public services. Golden Valley supports HF 2031 authored by Representative Hertaus in 2019. Additional Documents (See Appendix F3) • Table: 10-Year History Of Local Government Aid Distribution And Its Impact On Golden Valley (1 page) 65 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 7 F4. Support Sales Tax Exemption On Local Purchases City Position The City of Golden Valley supports the tax exemption of motor vehicle tax of 6.5 percent on all municipal vehicles. Issues Currently only police and fire emergency vehicles are exempt. The City has many other vehicles, such as sweepers and large trucks, that respond to snow emergencies, flooding, road repair, etc. Action Support language regarding the exemption of Motor Vehicle Sales Tax on all municipal vehicles purchased by governmental agencies. FINANCIAL 66 City of Golden Valley 2023 Legislative PrioritiesPage 8 FINANCIAL F5. Modify Obsolete Fiscal Disparities Formula To Assist Local Units Of Government With Basic Needs City Position The City of Golden Valley supports reviewing and amending the 50-year-old Fiscal Dis- parities formula to ensure all metro area local governments have access to resources and funding tools to meet growing needs. By amending the Fiscal Disparities formula, all metro area cities can use the additional amount of property taxes received to help fund needed improvements. For nearly 50 years, the Fiscal Disparities program has reapportioned 40 percent of tax capacity from metro area cities with higher commercial/industrial tax bases to those with less market value per capita. This is to help equalize funding for the betterment of the Twin Cities metropolitan area. While all cities have needs, those that historically have been net Fiscal Disparities con- tributors have aged and are experiencing greater infrastructure needs than 50 years ago. Much of this infrastructure was built before the early 1960s and is due for replacement. It is time to recalculate the Fiscal Disparities formula to reflect today’s realities. Since just 2001, Golden Valley has contributed almost $40 million to help other communities meet their needs. With the proposed change, over the next 20 years Golden Valley would keep an estimated $18 million help meet its needs. Issue Golden Valley, like most cities in Minnesota and the nation at large, is facing a looming infrastructure crisis. All across the US, aging systems for water supply, sanitary sewer management, storm water and flood control, transportation, etc, are in need of repair and/or replacement. Not only is much of Golden Valley’s infrastructure a half century or more old, but as populations grow, it’s taking on service demands it was not built to handle. The Fiscal Disparities program has been in existence for almost 50 years and is in need of an overhaul. Action Advocate for modifying the obsolete Fiscal Disparities formula so all metro area cities can fund needed infrastructure improvements while keeping taxes and utility expenses lower than they inevitably would be if this infrastructure problem is allowed to grow into a full-blown crisis. Additional Documents (See Appendix F5) • Table: 20-Year History Of Golden Valley’s Fiscal Disparities Contributions With 40 Percent Program And 20-Year Projection Of Golden Valley’s Fiscal Disparities Gains With 30 Percent Program (1 page) 67 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 9 FINANCIAL F6. Support Funding For Affordable And Workforce Housing City Position The City of Golden Valley supports additional tools for local communities to develop and preserve affordable and workforce housing and to advance diverse, inclusionary, and equitable housing opportunities. Issue Cities must ensure they provide a full range of housing choices in the community. As cities, businesses, and the overall economy in the Minneapolis–St Paul region continues to grow, the need for housing available to those with low and moderate incomes also grows. Failure to expand housing options will impact the region’s ability to attract talent, grow its economy, and reinvest in itself. If resources and policies needed to advance affordable housing opportunities for BIPOC homeowners and renters across the state are specifically identified, housing opportunity would be more effective from a diversity, equity and inclusion perspective. Actions Advocate for policy and financial tools that support both the preservation of naturally occur- ring affordable housing, construction of new affordable housing, as well as additional resourc- es needed for cities to address the unequal distribution of housing resources, including: • policies, programs and resources for affordable rental housing eligibility based on in- come and social vulnerability indicators • policies, programs and resources for affordable homeownership eligibility based on income, social vulnerability indicators, and first generation homebuyers • increasing funding for the state’s rental rehab loan fund for naturally occurring afford- able housing and including use of the fund in the metro region • enhancing state programs, policies, and funding allocations to promote and finance the preservation and construction of affordable housing, particularly for assisted, senior, and supportive housing • modifying Tax Increment Financing (TIF) statutes to clearly enable pooling of TIF reve- nue for affordable housing • establishing a statewide notification requirement for rental properties prior to owner- ship transfer • creating incentives for property owners to participate in the Section 8 Housing Choice Voucher Program to increase housing options for low and moderate income earners • preserving and expanding the state’s 4d low-income property tax program that pro- vides a property tax benefit to qualifying low-income rental properties Additional Documents (See Appendix F6) • Memo: Golden Valley Affordable Housing Work Plan (2 pages) 68 City of Golden Valley 2023 Legislative PrioritiesPage 10 TRANSPORTATION T1. Support Full Funding For Bus Rapid Transit (BRT) And Multimodal Infrastructure Or Transportation City Position The City of Golden Valley supports investment in Bus Rapid Transit and multimodal infrastructure on the Highway 55 corridor from Wright County to Minneapolis due to a high concentration of jobs, strong reverse-commute patterns, and increased residential development along the corridor. This includes improving safety and mo- bility at key intersections, like Winnetka Avenue, to better accommodate vehicles, pedestrians, transit, etc. Issue Trunk Highway 55 is a major transportation route serving the west metro area and beyond. The corridor contains a high concentration of jobs, has a strong reverse- commute pattern, and is experiencing increased residential development. Bus Rapid Transit is a practical and affordable component of a comprehensive regional transportation system. Because Highway 55 also creates a barrier between the northern and southern portions of communities, infrastructure to support BRT ridership and promote multi-modal transportation must be planned for and funded as part of the Highway 55 BRT corridor. Actions • Advocate for full funding for Bus Rapid Transit on Highway 55, which im- pacts all communities along the corridor (Minneapolis, Golden Valley, Plym- outh, Medina, and beyond). • Leverage federal dollars to the extent possible to fund infrastructure im- provements that support BRT, including a pedestrian overpass at Highway 55 and Winnetka Avenue. • Aggressively pursue Federal infrastructure funding to advance these initia- tives. Additional Documents (See Appendix T1) • Resolution: Supporting Future Bus Rapid Transit (BRT) Service On Highway 55 And Participation In Additional Study Of The Corridor (2 pages) • Highway 55 & Winnetka Avenue Concept (1 page) 69 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 11 TRANSPORTATION T2. Support Comprehensive Transportation Funding City Position The City of Golden Valley supports dedicating more resources to all compo- nents of the state’s transportation system and ensuring local units of govern- ment have access to resources and funding tools to meet growing needs. Issue A comprehensive regional transportation system that meets the physical, social, and economic needs of Golden Valley and the state requires adequate funding. This transportation system includes streets, bridges, highways, transit, and multi-modal solutions. Collaborative efforts and initiatives are already in progress. Actions • Establish a sustainable formula to increase transit and transportation fund- ing. • Advocate for including improvements to US Highway 169 between I-394 and Medicine Lake Road in the MnDOT Capital Improvement Plan. 70 City of Golden Valley 2023 Legislative PrioritiesPage 12 ENVIRONMENTAL E1. Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects City Position The City of Golden Valley is requesting legislative approval of funds through the Department of Natural Resources (DNR) Flood Damage Reduction Program to continue to implement public improvements within the DeCola Ponds and Medi- cine Lake Road watershed. These projects include improvements within the Cities of Crystal, New Hope and Golden Valley (eg, flood storage, subwatershed diver- sion, and runoff rate control projects). Issue The City of Golden Valley experiences localized flooding in the Medicine Lake Road and Winnetka Avenue area and flooding from Bassett Creek in numerous locations throughout the community. This flooding causes damages to homes and business- es, and impacts infrastructure and emergency services. The City is currently pursu- ing Phase III of a multi-phase project. Action Advocate for continued full funding of the Minnesota DNR Flood Damage Reduc- tion Program, including funding of the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Project. Additional Documents (See Appendix E1) • Map: DeCola Ponds Flood Mitigation Area (1 page) 71 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 13 E2. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change City Position The Golden Valley City Council declared by resolution a Climate Emergency Dec 21, 2021. On Jan 18, 2022, the City passed an additional resolution to join more than 2,000 jurisdictions in 34 countries to focus attention on the need for rapid action to address climate change. Issue Golden Valley residents, businesses, and property owners are experiencing the im- pacts of climate change through increased flooding and flood risk, excessive heat, drought, invasive species, diminished air quality, and extreme weather events. Not only do these events affect the health, safety, well-being, and economic vitality of Golden Valley residents and businesses, these climate-related impacts affect the City’s operations, infrastructure, and finances. Additionally, climate change disproportionately impacts historically excluded, mar- ginalized, and underserved communities, low-income families, and residents with disabilities who are most at risk from the negative impacts of climate change. Actions The City of Golden Valley calls on the Minnesota Legislature and executive branch to immediately and aggressively support mitigation and adaption efforts by pro- viding funding and resources to develop and implement climate actions plans. Additional Documents (See Appendix E2) • City Council Resolution No. 21-100 Declaring a Climate Emergency in Gold- en Valley (5 pages) • City Council Resolution No. 22-009 Joining with Cities and Counties Ac- cross Minnesota/US/World Declaring a Climate Emergency ENVIRONMENTAL 72 City of Golden Valley 2023 Legislative PrioritiesPage 14 ENVIRONMENTAL E3. Support Funding For Metropolitan Council Inflow/ Infiltration Grants—Public And Private Improvements City Position Because I/I reduction efforts benefit the entire metropolitan area, the City of Golden Valley supports the state providing continued capital assistance for grants to cities as well as financial assistance for private property through future Clean Water Legacy Act appropriations. Issue Many metro communities are contributing excess inflow and infiltration of clear water into the regional wastewater system. Excess I/I results in wastewater flows that exceed the capacity of conveyance and treatment systems, resulting in significant environmental and public health issues and excessive costs to upgrade these systems. Action Advocate for financial assistance through future Clean Water Legacy appro- priations to metro area cities with excess I/I. These resources should include assistance for cities to address I/I contributions from private property. Additional Documents (See Appendix E3) • Memo: MCES I&I Grant Benefits - City of Golden Valley (1 page) 73 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 15 ENVIRONMENTAL E4. Advance Building Performance City Position The City of Golden Valley supports statewide energy efficiency improvements in buildings, lighting, and infrastructure and includes these as local goals in the Resil- ience and Sustainability Chapter of its 2040 Comprehensive Plan. Issue The State of Minnesota has a goal of reducing greenhouse gas emissions by 80 percent by 2050 but is not on track to do so. Buildings are a top greenhouse gas emitter, and a different approach is needed to building design and construction. Building codes, which are established by the State, are not advancing fast enough to reach carbon reduction goals. Action The City of Golden Valley supports policy changes and other solutions that lead to increased building efficiency, including: • clear standards for developers and designers • financial support and incentives for energy efficient improvements • educational support and training • advancing code requirements at a rate faster than the typical building code up- date cycle • statewide adoption of building codes that advance energy performance in new and remodeled buildings 74 City of Golden Valley 2023 Legislative Priorities COMMUNITY AFFAIRS C1. Support For Ban On Conversion Therapy Practices City Position The City of Golden Valley supports the State Legislature banning the practice of conversion therapy for minors in the State of Minnesota. Issue Conversion therapy, also known as reparative therapy, is a practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy is based on the discredited premise that being lesbian, gay, bisexual, transgender, or queer (LGBTQ+) is a mental disorder that can be cured or corrected. Medical, mental health, and child welfare experts, including the American Medical Association and the American Psychiatric Association, have denounced conversion therapy as ineffective, unreliable, unethical, and unsafe for the people who undergo such treatment, including LGBTQ+ people. Furthermore, conversion therapy has been shown to cause serious and dangerous harm to those who are subjected to such treatments, including depression, anxiety, increased suicidal behaviors, lowered self-esteem, internalized homophobia, self- blame, intrusive imagery, sexual dysfunction, and interpersonal harm, such as alienation, loneliness, social isolation, interference with intimate relationships, and loss of social supports. The State of Minnesota regulates and licenses behavioral and mental health professionals but has so far not addressed the serious issue of conversion therapy. Action The City of Golden Valley supports the State Legislature banning the practice of conversion therapy for minors in the State of Minnesota. The City supports a ban that applies to any and all forms of conversion therapy, but that excludes a prohibi- tion on practices or treatments that provide acceptance, support, and understand- ing for the facilitation of an individual’s coping, social support, and identity explora- tion and development, or treatment to support gender identity transition. Page 16 75 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 COMMUNITY AFFAIRS C2. Support For Gun Control/Reform City Position The City of Golden Valley supports Minnesota’s red flag legislation for gun reform and a bill that would require criminal background checks for all firearm transfers and sales. Issue Gun violence is at an all-time high across the country as well as in Minnesota, especially in the Twin Cities area. In 2021 the number of Minnesota people killed by gunfire rose to the highest level in 20 years—there were 570 gun deaths, including 164 homicides and 393 suicides where a gun was used. Weak guns laws are hurting police officers and, according to Centers for Disease Control and Prevention statistics, disproportionately harming communities of Color. Action The City encourages the Minnesota Legislature to pass the red flag law for gun re- form and the bill requiring criminal background checks for all firearm transfers and sales. Page 1776 City of Golden Valley 2023 Legislative Priorities C3. Support Equitable And Inclusive Elections City Position The City of Golden Valley supports expansive and accessible voting rights. Pro- viding consistent statewide standards, allowing local decision-making control of certain aspects in city elections, and expanding voting rights are vital to improving access to voting and the efficiency of election administration. Issue Current law limits the ability for some residents of Golden Valley to use voting as their voice. Many Golden Valley residents are unable to vote due to: • burdensome rules and inconsistent information about when voting rights are restored to those convicted of a felony • restrictions prohibiting taxpaying, lawful, noncitizens from participating in selecting their local representatives • state laws that do not allow online absentee ballot requests for local elections Furthermore, local decision-making control to adopt Ranked Choice Voting (RCV) in city elections is currently only available to charter cities. RCV allows voters to rank candidates by preference, which leads to a more representative government because the winning candidate in an RCV election has the broadest support of all voters in the community. Actions The City of Golden Valley supports: • restoring voting rights for those convicted of a felony who have served the en- tirety of their sentence and are not incarcerated • giving cities the authority to consider and adopt regulations that would allow all lawful residents over age 18 to vote in city elections, regardless of US citizenship status • creating consistency in absentee voter outreach opportunities, including legisla- tion to allow online absentee ballot requests for local elections • allowing statutory cities to consider and adopt RCV • enacting state-level standards and equipment for RCV COMMUNITY AFFAIRS Page 18 77 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 COMMUNITY AFFAIRS C4. Police Arbitration Reform City Position The City of Golden Valley strongly urges the Minnesota State Legislature to con- sider changes to the current Minnesota Public Employment Labor Relations Act (MPELRA) arbitration system in any further discussions or proposals that address police reform measures. Issue As it now stands, the arbitration system undermines the ability of elected and appointed officials, including police chiefs and city managers, to make lasting departmental disciplinary or termination decisions that protect residents and help to ensure a responsible public safety environment in their communities. Without systemic changes, arbitrator opinions are allowed to override the professional judgment of police supervisors when it comes to deciding what constitutes just cause and who ultimately is permitted to return to the streets as an officer. Consequently, rigorous police department accountability standards continue to be compromised at a time when they are needed more than ever. Actions • The City supports a new reasonable standard of review in police misconduct cases. This is necessary to uphold discipline decisions that are entrusted to the local officials ultimately responsible for protecting their communities. Including a new, reduced standard of review in police discipline matters is important to foster cultural change as well as to enhance and support effective police officer ac- countability and transparency measures that are included in the Police Account- ability Act of 2020. The new standard should focus the arbitrator’s role on simply determining whether the facts presented show that the employer’s actions were reasonable and consistent with city and departmental policies. • The City supports using administrative law judges (ALJs) for grievances involv- ing terminations and discipline related to police misconduct. The ALJ process would involve robust fact-finding and technical legal parameters that would help ensure a thorough review of the officer’s and employer’s actions. This model also provides an appeals process, which the arbitration process does not. The City believes the severity and importance of police cases involving terminations and discipline related to police misconduct warrant them being elevated into the ALJ system. Page 1978 City of Golden Valley 2023 Legislative PrioritiesPage 20 APPENDIX 79 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 21 Appendix F3. Support Funding For Local Government Aid 10-Year History Of Local Government Aid Distribution And Its Impact On Golden Valley Total LGA Statewide Distribution Golden Valley Portion 2011 $425,345,348 0 2012 $425,238,384 0 2013 $427,494,640 0 2014 $507,598,012 $219,081 2015 $516,898,012 $240,503 2016 $519,398,012 $252,446 2017 $519,398,012 $252,895 2018 $534,398,012 $37,185 2019 $534,398,012 0 2020 $560,398,012 0 80 City of Golden Valley 2023 Legislative PrioritiesPage 22 Appendix F5. Modify Obsolete Fiscal Disparities Formula To Assist Local Units Of Government With Basic Needs 20-Year History Of Golden Valley’s Fiscal Disparities Contributions With 40 Percent Program 2001 $629,460 2002 $1,289,977 2003 $873,927 2004 $1,343,255 2005 $1,384,112 2006 $1,462,884 2007 $1,437,447 2008 $1,756,887 2009 $2,141,648 2010 $2,325,874 2011 $2,311,610 2012 $2,262,916 2013 $2,119,872 2014 $2,662,702 2015 $2,401,573 2016 $2,321,355 2017 $2,676,662 2018 $2,674,558 2019 $2,727,495 2020 $2,961,983 Total $39,766,196 20-Year Projection Of Golden Valley’s Fiscal Disparities Gains With 30 Percent Program* 2021 $698,408 2022 $718,685 2023 $739,182 2024 $759,902 2025 $780,845 2026 $802,012 2027 $823,406 2028 $845,026 2029 $866,876 2030 $888,956 2031 $911,266 2032 $933,810 2033 $956,587 2034 $979,600 2035 $1,002,848 2036 $1,026,335 2037 $1,050,060 2038 $1,074,026 2039 $1,098,233 2040 $1,122,682 Total $18,078,744 * New commercial/industrial tax capacity value prospectively 81 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 23 Appendix F6. Support Funding For Affordable And Workforce Housing • Golden Valley Affordable Housing Work Plan 2022 (2 pages) 82 City of Golden Valley 2023 Legislative PrioritiesPage 24 Golden Valley Affordable Housing Work Plan 2023 Last updated: December 2022 Prepared By Cherie Shoquist, Housing and Economic Development Manager Summary Based on direction from the Council and Manager, staff has developed a work plan on affordable housing strategies and policies. Key Points • The role that the City plays in local housing policy and programming has expanded rapidly since 2017. Staff will continue to: o Promote increased investment in affordable, mixed income, market rate rental and ownership housing development o Preserve Naturally Occurring Affordable Housing o Provide diverse, equitable, and inclusionary housing opportunity • The 2040 Comprehensive Plan identifies many goals and action steps for the City to take. They are categorized into five goals: quality, variety, affordability, sustainability, and equity. Staff will work with existing human and financial resources to imple ment the plan. • Since health and safety are central to the City’s housing interests, any new policies or programs should not unintentionally discourage property improvements, rehabilitation, and code compliance. • Staffing and budgeting impacts associated wi th policy and program options must continue to be examined to ensure that administration, enforcement, and education can be completed properly. • Some policies and program ideas will be most impactful if enacted on a regional or state level. Staff at Golden Valley and other city governments regularly attend meetings with Hennepin County and other counties, Minnesota Housing Finance Agency, Metropolitan Council, Metro HRA, Urban Land Institute, Family Housing Fund, Twin Cities LISC, and Minnesota Housing Partnership. The meetings are held to inform policy recommendations, share knowledge, and bring important stakeholders to the conversations. These groups continue to meet regularly: o Minnesota Housing NOAH Preservation Working Group o Minnesota Homeownership Center/Homeownership Opportunity Alliance o ULI Regional Housing Policy Work Group o LISC Housing Collaborative Initiative 83 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 25 Actions: 1. Approved a Housing and Redevelopment Authority levy to advance affordable housing strategies in Golden Valley and build a fund to support affordable housing efforts. 2. Adopted a Tenant Protection Ordinance (applicable to owners upon sale of NOAH property), notified property owners, and drafted a communication plan for tenants in the event of a sale. 3. Promoted the 4d property tax program to help preserve existing NOAH units within the City. 4. Adopted a Fair Housing Policy. 5. Adopted the 2040 Comprehensive Plan, which includes an extensive list of actions to be taken to meet affordable housing goals. 6. Actively engaged in the implementation of the adopted Mixed Income Housing Policy; working with developers to include affordable housing units in proposed developments, and refining the planning, contracting and compliance process. 7. Explored additional applications for CDBG, AHIF, HOME and LHIA funding for future land trust home s in partnership with West Hennepin Affordable Housing Land Trust Homes Within Reach . 8. Created a plan and timeline for selling and developing publicly owned vacant land for affordable housing. 9. Established the Home Ownership Program for Equity for non-profit developers in partnership with Homes Within Reach to provide homeownership opportunity to homebuyers with incomes at 60%- 80% of Area Median Income. The approved developers have a proven track record of serving Black, Indigenous and people of color including first generation homebuyers. Three homes are likely to begin construction in 2023 and an additional four homes in 2024. 10. Performed an evaluation of the Stable Renters and Tenants program for rental properties and recommended enhancements that help the City meet a variety of housing goals. 11. Planning, Fire, and Police department staff met regularly to monitor condition of housing stock, including NOAH properties. 12. Expanded the City’s legislative priorities on affordable housing. Continuing Actions: 13. Actively engage in the implementation of the adopted Mixed Income Housing Policy to include affordable housing units in proposed de velopments and refine the planning, contracting and compliance process. 14. Strengthen relationships with NOAH property owners, landlords, and property managers. Partner with non-profit organizations to plan to acquire any NOAH properties that enter the market to preserve affordable rental units. 15. Implement the Home Ownership Program for Equity to develop three homes in 2023 and plan for the development of four homes in 2024. 16. Explore the establishment of an Affordable Housing Trust Fund and/or revolving loan program for new construction of affordable rental units, the acquisition and/or maintenance of NOAH and/or single-family homes as well as other programs that further the Housing Policy Plan in the 2040 Comp Plan. 84 City of Golden Valley 2023 Legislative PrioritiesPage 26 17. Explore an advance notice of eviction ordinance to provide tenants the opportunity to access rental assistance or move out before an eviction is filed. 18. Continue monitoring condition of housing stock and rental rates: a. Request rental rate information with rental licensing program applications b. Perform update to housing inventory every 5 years – Complete the 2020 Housing Study in 2023 c. Continue monitoring housing stock conditions with inspections 19. Continue to explore additional applications for CDBG, AHIF, HOME and LHIA funding for future land trust homes in partnership with West Hennepin Affordable Housing Land Trust Homes Within Reach. 20. Continually update the City’s new website with additional information and tools for housing. Staff is continuing research in partnership with other suburban cities on the following strategies: 21. Consider an ordinance prohibiting landlords from excluding Section 8 voucher holders from a building’s rental application process. Continue monitoring lawsuit involving the City of Minneapolis policy that prohibits landlords from excluding Section 8 voucher holders from a building’s rental application process (at least 4 cities are interested in adopting a policy if lawsuit decides in favor of City of Minneapolis) 22. Identify additional resources that are needed for cities to address unequal distribution of housing resources and recognize that cities are committed to including all perspectives in addressing challenges. Specific examples could include: a. Policies, programs and resources for affordable rental housing eligibility based on income and social vulnerability indicators. b. Policies, programs and resources for affordable homeownership eligibility based on income, social vulnerability indicators, and first generation homebuyers. c. Inclusion of BIPOC. 85 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Appendix T1. Support Full Funding For Bus Rapid Transit (BRT) And Multimodal Infrastructure Or Transportation • Resolution: Supporting Future Bus Rapid Transit (BRT) Service On Highway 55 And Participation In Additional Study Of The Corridor (2 pages) • Map: Highway 55 & Winnetka Avenue Concepts (1 page) Page 2786 City of Golden Valley 2023 Legislative PrioritiesPage 28 87 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 2988 City of Golden Valley 2023 Legislative PrioritiesPage 30 89 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Appendix E1. Continue To Adequately Fund The DNR Flood Damage Reduction Program For Local Projects • Map: DeCola Ponds Flood Mitigation Area (2 pages) Page 3190 City of Golden Valley 2023 Legislative Priorities Gold e n Val le y New H ope Decola Pond B Decola Pond C Explore Potential for Flood Storage Proposed Flood Storage Area Completed, Liberty Crossing Infrastructure Improvement Project Under Construction, DeCola Ponds B & C Improvement Project Cr ysta l 0 450 900225 Feet Floodplain Flood Prone Properties Flood Storage Area Sub-Watershed Boundary Project Location D eCo la Po nd s New Hope Crystal Medicine Lake RdMedicine Lake Rd Douglas Dr NDouglas Dr NWinnetka Ave NWinnetka Ave N32nd Ave N32nd Ave N Olympia StOlympia StBBoooonneeAAvveeDuluth StDuluth St Hampshire AveHampshire AveBrunswick AveBrunswick AveSandburg RdSandburg RdLouisiana AveLouisiana AveNevada AveNevada AveNevada Ave NNevada Ave NGolden Valley DeCola Ponds, Medicine Lake Road and Winnetka Avenue Long-Term Flood Mitigation Plan I Print Date: 1/8/2020 Sources: -Hennepin County Surveyors O ffice for aerial photography (2018). -MnDNR for city boundary lines & road data (2014). -Barr for 100-year in undation are a & watershed boundary of project area (2017). -City of G olden Valley for all other layers. Page 32 91 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Golden Valley New Hope Decola Pond BDecola Pond C Explore Potential for Flood Storage Proposed Flood Storage Area Completed, Liberty Crossing Infrastructure Improvement Project Under Construction, DeCola Ponds B & C Improvement Project Cr ysta l 0 450 900225 Feet Floodplain Flood Prone Properties Flood Storage Area Sub-Watershed Boundary Project Location DeCola Ponds New HopeCrystal Medicine Lake RdMedicine Lake RdDouglas Dr NDouglas Dr NWinnetka Ave NWinnetka Ave N32nd Ave N32nd Ave N Olympia StOlympia StBBoooonneeAAvveeDuluth StDuluth StHampshire AveHampshire AveBrunswick AveBrunswick AveSandburg RdSandburg RdLouisiana AveLouisiana AveNevada AveNevada AveNevada Ave NNevada Ave NGolden Valley DeCola Ponds, Medicine Lake Road and Winnetka Avenue Long-Term Flood Mitigation Plan I Print Date: 1/8/2020 Sources: -Hennepin County Surveyors O ffice for aerial photography (2018). -MnDNR for city boundary lines & road data (2014). -Barr for 100-year in undation are a & watershed boundary of project area (2017). -City of G olden Valley for all other layers. Page 3392 City of Golden Valley 2023 Legislative Priorities Appendix E2. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change • City Council Resolution No. 21-100 Declaring a Climate Emergency in Golden Valley (5 pages) • City Council Resolution No. 22-009 Joining with Cities and Counties Accross Minnesota/US/World Declaring a Climate Emergency Page 34 93 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 RESOLUTION NO. 21-100 RESOLUTION DECLARING A CLIMATE EMERGENCY IMPACTING THE ENVIRONMENT, ECONOMY, AND HUMAN HEAL TH WHEREAS, in 2021 Golden Valley experienced numerous climate change related impacts including a record June heat wave, drought conditions, water use restrictions, and poor air quality from drought-fueled forest fires prompting residents to restrict outdoor activity and remain indoors for periods, making it clear that the climate crisis is not only a future issue - it is affecting us here and now; WHEREAS, hundreds of Golden Valley properties are at risk of flooding and flood damage during heavy or intense precipitation events which can cause significant hardship and economic loss; WHEREAS, Golden Valley residents have increasingly reported experiencing drainage and flooding issues, high groundwater issues, and historically high surface water levels in water bodies throughout the community; WHEREAS, the frequency of daily rainfalls greater than 3 inches has increased 66% in the past century and annual precipitation in the Twin Cities increased from an average of 26.18 inches between 1940-1979 to an average of 30.92 inches between 1980-2018, increasing the frequency of flooding, landslides, freeze/thaw cycles, ice storms, rain on frozen ground events, and heavy snowstorms which put increased strain on city operations, residents, businesses, and the natural environment; WHEREAS, ice cover on Minnesota lakes has declined an average of 10-14 days over the past 50 years and winter temperatures are warming nearly ten times faster than summer temperatures, increasing by approximately 2.2 degrees Fahrenheit per decade since 1969 based on data collected at MSP airport; WHEREAS, the urban heat island effect causes nighttime temperatures in the first ring suburbs of Hennepin County to be 2 degrees Fahrenheit higher on average compared to surrounding areas and spikes to as much as 9 degrees Fahrenheit higher than surrounding areas during a heat wave, and is expected to increase due to climate change, affecting the health and well-being of residents; WHEREAS, the high-risk climate hazards for Golden Valley include invasive species and pests, more freeze/thaw cycles, more frequent and intense heavy rainfalls, and extreme heat, and the moderate-risk climate hazards include extreme wind events and tornadoes, diminished air quality, and vector-borne diseases as outlined in the Page 3594 City of Golden Valley 2023 Legislative Priorities DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 Vulnerability Assessment in the Resilience and Sustainability chapter of Golden Valley's 2040 Comprehensive Plan; WHEREAS, extreme weather will create new challenges for Golden Valley's infrastructure and finances and will pose a threat to the health, safety, and economic vitality of our residents and businesses; WHEREAS, historic and present policies and decisions created disparate impacts for Black, Indigenous, People of Color and people of lower socioeconomic status; WHEREAS, the greatest burden from an inadequate response to the climate crisis will be felt by historically excluded, marginalized and underserved communities, the youngest generation including the children and grandchildren of Golden Valley community members, and future generations; WHEREAS, the impacts of climate change are affecting all residents, but the impacts will not be felt equally, and like other environmental justice issues, Hennepin County data show that our communities of color, low-income families, and residents with disabilities contribute least to the problem of climate pollution but are the most at risk from negative climate impacts, especially during flooding events, heat waves, and poor air quality days, and we acknowledge that those who have the least capacity to respond to climate change will be most affected; WHEREAS, in Minnesota, the ten warmest and wettest years ever recorded have all occurred since 1998, warming surface waters and leading to a significant loss of fish habitat for many prominent species as well as increasing the risk of harmful algae blooms, forests are changing as native northern species are strained by warming temperatures, crops are stressed by cycles of drought and floods, home insurance rates are rising faster than the national average and faster warming winters are leading to new pests as well as shorter winter recreation seasons; WHEREAS, the bi-partisan Next Generation Energy Act, passed by the Minnesota State Legislature and signed by then Governor Tim Pawlenty in 2007, committed our State to achieving an 80% reduction in greenhouse gas emissions by 2050 and with interim goals of 15% and 30% below 2005 greenhouse gas emissions levels by 2015 and 2025, respectively, with cities being key drivers of achieving these goals; WHEREAS, our State did not meet its 2015 goal, and is not yet on track to reach our future targets; Page 36 95 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 DocuSign Envelope ID: 1 DA87CA8-E46B-4731-B50B-9A559F37E283 WHEREAS, in April 2016 world leaders from 175 countries, including the United States, recognized the threat of climate change and the urgent need to combat it by signing the Paris Agreement, agreeing to "pursue efforts to limit the temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit)"; WHEREAS, we have already reached a temperature increase of nearly 1.1 degrees Celsius (nearly 2 degrees Fahrenheit) as compared to pre-industrial times and the widespread impacts already realized by this level of global warming demonstrate that the Earth is already too hot for safety and justice, as attested by increased and intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather, threatening the food security, water supply, and well-being of billions of people; WHEREAS, in August 2021 the Intergovernmental Panel on Climate Change (IPCC), the United Nations body responsible for assessing the science related to climate __ change, released a report that stated "It is unequivocal that human influence has warmed the atmosphere and land," and that "Human influence has warmed the climate at a rate that is unprecedented in at least the last 2000 years," and "with every additional increment of global warming, changes in extremes continue to become larger," and "leaders at all levels must take immediate action to reduce greenhouse gas emissions to prevent catastrophic impacts"; WHEREAS, the Department of State, the Department of Defense, and the intelligence community have identified climate change as a threat to national security, and the Department of Homeland Security views climate change as a top homeland security risk; WHEREAS, recent scientific research indicates that to achieve the goal of limiting temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit), carbon emissions must be halved by 2030 and reach net zero global emissions by 2050; WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a disruptive effect and impact on the livelihoods of many in our community while a well-planned transition may provide expanded job opportunities and affordable and reliable energy for local residents; WHEREAS, the massive scope and scale of action necessary to stabilize the climate will require unprecedented levels of public awareness, engagement, and deliberation to develop and implement effective, just, and equitable policies to address climate change; Page 3796 City of Golden Valley 2023 Legislative PrioritiesPage 38 97 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 BE IT FURTHER RESOLVED, Golden Valley calls on the Minnesota legislature and executive branch to immediately and aggressively support cities of all sizes around Minnesota to both mitigate and adapt to the effects of climate change including providing funding and resources for the development and implementation of climate action plans. BE IT FURTHER RESOLVED, Golden Valley calls on the federal government to immediately commit resources to support the climate mitigation and adaptation efforts of cities large and small, to invest in the infrastructure needed for a resilient, sustainable, and equitable future, to ensure that investment is at the scale needed, and to provide the necessary global leadership to keep global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit). Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk Page 3998 City of Golden Valley 2023 Legislative PrioritiesPage 40 99 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Appendix E3. Support Funding For Metropolitan Council Inflow/Infiltration Grants—Public And Private Improvements • Memo: MCES I&I Grant Benefits – City of Golden Valley (1 page) Page 41100 City of Golden Valley 2023 Legislative Priorities G:\Communications\City Council\Legislative Policies\2016\Appendices\MCES Grant Benefit Memo.docx Date: January 28, 2016 To: Tim Cruikshank, City Manager From: Jeff Oliver, PE, City Engineer R.J. Kakach, EIT, Engineer Subject: MCES I&I Grant Benefits – City of Golden Valley The City of Golden Valley has utilized funding from the Metropolitan Council Environmental Services (MCES) Grant Programs to reduce Inflow and Infiltration (I&I) in both the public and private sewer systems over the past several years. The public grants have provided additional funding to allow expanded scopes on projects and decreased timelines on I&I reduction programs. For example, as part of the annual street reconstruction projects, we have been able to increase sewer lining and manhole sealing quantities with the extra grant money that was available. Also, we were able to expedite a five to seven year sanitary sewer manhole cover replacement program into four years with additional funding from MCES. The 2013-2014 MCES private sewer grant allowed residents to repair their sanitary sewer lateral and be reimbursed by MCES at 33% of the repair cost up to $2,000. The available funding through this grant was so popular that City staff had to turn away applicants. Nearly 300 properties applied for the grant over the two year period. This reimbursement opportunity from MCES led to an increase in I&I compliance with the City Ordinance. The Ordinance requires all properties to become compliant prior to the sale of a property. This allows the City to gradually reduce I&I in the private system. The grant money attracted interest from properties all over the City, including people who were not selling their home. This extra interest in becoming I&I compliant from the available MCES grant funding helped propel the City forward in their I&I mitigation efforts. The public and private grants provided by MCES have helped to lower Golden Valley’s annual sanitary sewer flows over the past five years. The public grant has allowed for more thorough I&I reduction to be done with street reconstruction projects and I&I mitigation programs whereas the private grant increased interest in becoming compliant with the City’s I&I Ordinance. The additional funding from MCES has pushed Golden Valley ahead in their goal to reduce I&I in the sanitary sewer system. Page 42 101 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 43102 City of Golden Valley 2023 Legislative Priorities State Legislative Priorities Golden Valley 103 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Federal Legislative Priorities Golden Valley City of Golden Valley 2022 Legislative Priorities Adopted by the City Council_______________104 City of Golden Valley 2023 Legislative Priorities105 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 1 Table Of Contents ENVIRONMENTAL PRIORITIES E1. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change ...............................................2 The Golden Valley City Council declared by resolution a Climate Emergency Dec 21, 2021. The City joins more than 2,000 jurisdictions in 34 countries to focus attention on the need for rapid action to address climate change. FINANCIAL PRIORITIES F1. Support Federal Funding For Reconstruction Of City Facilities ...........3 Golden Valley’s Public Safety, Public Works, and Administrative facilities are at the end of their useful life and do not meet current operational standards or social norms. The City requests support in obtaining funding to replace and modernize its facilities to address operating inefficiencies, better accom- modate equipment and personnel, and enhance engagement and service for constituents. APPENDIX Appendix E1. ............................................................................................................4 106 City of Golden Valley 2023 Legislative PrioritiesPage 2 ENVIRONMENTAL E1. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change City Position The Golden Valley City Council declared by resolution a Climate Emergency Dec 21, 2021. On Jan 18, 2022, the City passed an additional resolution to join more than 2,000 jurisdictions in 34 countries to focus attention on the need for rapid action to address climate change. Issue Golden Valley residents, businesses, and property owners are experiencing the im- pacts of climate change through increased flooding and flood risk, excessive heat, drought, invasive species, diminished air quality, and extreme weather events. Not only do these events affect the health, safety, well-being, and economic vitality of Golden Valley residents and businesses, these climate-related impacts affect the City’s operations, infrastructure, and finances. Additionally, climate change disproportionately impacts historically excluded, mar- ginalized, and underserved communities, low-income families, and residents with disabilities who are most at risk from the negative impacts of climate change. Actions The City of Golden Valley calls on the Federal Government to: • immediately commit resources to support climate adaption and mitigation • invest in the infrastructure needed for a resilient, sustainable, and equitable future • provide the necessary global leadership to keep global warming to 1.5 degrees Celsius Additional Documents (See Appendix E1) • City Council Resolution No. 21-100 Declaring a Climate Emergency in Golden Valley (5 pages) • City Council Resolution No. 22-009 Joining with Cities and Counties Ac- cross Minnesota/US/World Declaring a Climate Emergency 107 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 FINANCIAL F1. Support Federal Funding For Reconstruction Of City Facilities City Position The City of Golden Valley’s Public Safety, Public Works, and Administrative facilities are at the end of their useful life and do not meet current operational standards or social norms. Following an in-depth analysis, the City intends to replace and mod- ernize its facilities to address operating inefficiencies, better accommodate equip- ment and personnel, and enhance engagement and service for constituents. Issues The City has maintained its dated and obsolete facilities well through thoughtful care and internal improvements, but site limitations, construction types, and build- ing and campus layout prohibit cost-effective remodeling or reuse (see major issues below): • The Fire Department needs to move from a paid-on-call staffing model to a du- ty-crew model, but current facilities lack the site size and layout to add the neces- sary space for sleeping quarters and training. Additionally, the department needs to reduce its number of stations from three to two and locate them for optimal response time. • The Police Department lacks interview rooms that meet safety and privacy stan- dards and sufficient training facilities for classroom education, physical training, and community engagement. Locker room space is limited and does not accom- modate contemporary equipment or provide equal space for male and female officers. • Public Works is located in four buildings on the City campus, where large equip- ment operates in an urban environment and competes with pedestrians, bicyclists, and residents visiting businesses and institutions. The small buildings do not ac- commodate the modern equipment and tools needed to maintain the City’s aging infrastructure. The split-level buildings limit accessibility, there is a need for more training space, and the limited locker room space creates gender equity issues. • Although repurposed and remodeled over the decades, City Hall has central corri- dors on two floors that bisect the building, causing crowding at the DMV counter, separated staff, and disbursed services. The Council Chambers are located down a circuitous corridor, making access and transparency to government difficult. Action • The City of Golden Valley requests support from its congressional delegation in obtaining funding to assist in the replacement of its municipal facilities through established grant programs or congressionally directed accounts. Page 3108 City of Golden Valley 2023 Legislative Priorities APPENDIX Appendix E1. Climate Emergency Declaration: Support Policies And Investments Mitigating The Impact Of Climate Change • City Council Resolution No. 21-100 Declaring a Climate Emergency in Golden Valley • City Council Resolution No. 22-009 Joining with Cities and Counties Accross Minnesota/US/World Declaring a Climate Emergency Page 4 109 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 5 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 RESOLUTION NO. 21-100 RESOLUTION DECLARING A CLIMATE EMERGENCY IMPACTING THE ENVIRONMENT, ECONOMY, AND HUMAN HEAL TH WHEREAS, in 2021 Golden Valley experienced numerous climate change related impacts including a record June heat wave, drought conditions, water use restrictions, and poor air quality from drought-fueled forest fires prompting residents to restrict outdoor activity and remain indoors for periods, making it clear that the climate crisis is not only a future issue - it is affecting us here and now; WHEREAS, hundreds of Golden Valley properties are at risk of flooding and flood damage during heavy or intense precipitation events which can cause significant hardship and economic loss; WHEREAS, Golden Valley residents have increasingly reported experiencing drainage and flooding issues, high groundwater issues, and historically high surface water levels in water bodies throughout the community; WHEREAS, the frequency of daily rainfalls greater than 3 inches has increased 66% in the past century and annual precipitation in the Twin Cities increased from an average of 26.18 inches between 1940-1979 to an average of 30.92 inches between 1980-2018, increasing the frequency of flooding, landslides, freeze/thaw cycles, ice storms, rain on frozen ground events, and heavy snowstorms which put increased strain on city operations, residents, businesses, and the natural environment; WHEREAS, ice cover on Minnesota lakes has declined an average of 10-14 days over the past 50 years and winter temperatures are warming nearly ten times faster than summer temperatures, increasing by approximately 2.2 degrees Fahrenheit per decade since 1969 based on data collected at MSP airport; WHEREAS, the urban heat island effect causes nighttime temperatures in the first ring suburbs of Hennepin County to be 2 degrees Fahrenheit higher on average compared to surrounding areas and spikes to as much as 9 degrees Fahrenheit higher than surrounding areas during a heat wave, and is expected to increase due to climate change, affecting the health and well-being of residents; WHEREAS, the high-risk climate hazards for Golden Valley include invasive species and pests, more freeze/thaw cycles, more frequent and intense heavy rainfalls, and extreme heat, and the moderate-risk climate hazards include extreme wind events and tornadoes, diminished air quality, and vector-borne diseases as outlined in the 110 City of Golden Valley 2023 Legislative PrioritiesPage 6 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 Vulnerability Assessment in the Resilience and Sustainability chapter of Golden Valley's 2040 Comprehensive Plan; WHEREAS, extreme weather will create new challenges for Golden Valley's infrastructure and finances and will pose a threat to the health, safety, and economic vitality of our residents and businesses; WHEREAS, historic and present policies and decisions created disparate impacts for Black, Indigenous, People of Color and people of lower socioeconomic status; WHEREAS, the greatest burden from an inadequate response to the climate crisis will be felt by historically excluded, marginalized and underserved communities, the youngest generation including the children and grandchildren of Golden Valley community members, and future generations; WHEREAS, the impacts of climate change are affecting all residents, but the impacts will not be felt equally, and like other environmental justice issues, Hennepin County data show that our communities of color, low-income families, and residents with disabilities contribute least to the problem of climate pollution but are the most at risk from negative climate impacts, especially during flooding events, heat waves, and poor air quality days, and we acknowledge that those who have the least capacity to respond to climate change will be most affected; WHEREAS, in Minnesota, the ten warmest and wettest years ever recorded have all occurred since 1998, warming surface waters and leading to a significant loss of fish habitat for many prominent species as well as increasing the risk of harmful algae blooms, forests are changing as native northern species are strained by warming temperatures, crops are stressed by cycles of drought and floods, home insurance rates are rising faster than the national average and faster warming winters are leading to new pests as well as shorter winter recreation seasons; WHEREAS, the bi-partisan Next Generation Energy Act, passed by the Minnesota State Legislature and signed by then Governor Tim Pawlenty in 2007, committed our State to achieving an 80% reduction in greenhouse gas emissions by 2050 and with interim goals of 15% and 30% below 2005 greenhouse gas emissions levels by 2015 and 2025, respectively, with cities being key drivers of achieving these goals; WHEREAS, our State did not meet its 2015 goal, and is not yet on track to reach our future targets; 111 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 7 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 Vulnerability Assessment in the Resilience and Sustainability chapter of Golden Valley's 2040 Comprehensive Plan; WHEREAS, extreme weather will create new challenges for Golden Valley's infrastructure and finances and will pose a threat to the health, safety, and economic vitality of our residents and businesses; WHEREAS, historic and present policies and decisions created disparate impacts for Black, Indigenous, People of Color and people of lower socioeconomic status; WHEREAS, the greatest burden from an inadequate response to the climate crisis will be felt by historically excluded, marginalized and underserved communities, the youngest generation including the children and grandchildren of Golden Valley community members, and future generations; WHEREAS, the impacts of climate change are affecting all residents, but the impacts will not be felt equally, and like other environmental justice issues, Hennepin County data show that our communities of color, low-income families, and residents with disabilities contribute least to the problem of climate pollution but are the most at risk from negative climate impacts, especially during flooding events, heat waves, and poor air quality days, and we acknowledge that those who have the least capacity to respond to climate change will be most affected; WHEREAS, in Minnesota, the ten warmest and wettest years ever recorded have all occurred since 1998, warming surface waters and leading to a significant loss of fish habitat for many prominent species as well as increasing the risk of harmful algae blooms, forests are changing as native northern species are strained by warming temperatures, crops are stressed by cycles of drought and floods, home insurance rates are rising faster than the national average and faster warming winters are leading to new pests as well as shorter winter recreation seasons; WHEREAS, the bi-partisan Next Generation Energy Act, passed by the Minnesota State Legislature and signed by then Governor Tim Pawlenty in 2007, committed our State to achieving an 80% reduction in greenhouse gas emissions by 2050 and with interim goals of 15% and 30% below 2005 greenhouse gas emissions levels by 2015 and 2025, respectively, with cities being key drivers of achieving these goals; WHEREAS, our State did not meet its 2015 goal, and is not yet on track to reach our future targets; DocuSign Envelope ID: 1 DA87CA8-E46B-4731-B50B-9A559F37E283 WHEREAS, in April 2016 world leaders from 175 countries, including the United States, recognized the threat of climate change and the urgent need to combat it by signing the Paris Agreement, agreeing to "pursue efforts to limit the temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit)"; WHEREAS, we have already reached a temperature increase of nearly 1.1 degrees Celsius (nearly 2 degrees Fahrenheit) as compared to pre-industrial times and the widespread impacts already realized by this level of global warming demonstrate that the Earth is already too hot for safety and justice, as attested by increased and intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather, threatening the food security, water supply, and well-being of billions of people; WHEREAS, in August 2021 the Intergovernmental Panel on Climate Change (IPCC), the United Nations body responsible for assessing the science related to climate __ change, released a report that stated "It is unequivocal that human influence has warmed the atmosphere and land," and that "Human influence has warmed the climate at a rate that is unprecedented in at least the last 2000 years," and "with every additional increment of global warming, changes in extremes continue to become larger," and "leaders at all levels must take immediate action to reduce greenhouse gas emissions to prevent catastrophic impacts"; WHEREAS, the Department of State, the Department of Defense, and the intelligence community have identified climate change as a threat to national security, and the Department of Homeland Security views climate change as a top homeland security risk; WHEREAS, recent scientific research indicates that to achieve the goal of limiting temperature increase to 1.5 degrees Celsius (2.7 degrees Fahrenheit), carbon emissions must be halved by 2030 and reach net zero global emissions by 2050; WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a disruptive effect and impact on the livelihoods of many in our community while a well-planned transition may provide expanded job opportunities and affordable and reliable energy for local residents; WHEREAS, the massive scope and scale of action necessary to stabilize the climate will require unprecedented levels of public awareness, engagement, and deliberation to develop and implement effective, just, and equitable policies to address climate change; 112 City of Golden Valley 2023 Legislative PrioritiesPage 8 113 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 9 DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 BE IT FURTHER RESOLVED, Golden Valley calls on the Minnesota legislature and executive branch to immediately and aggressively support cities of all sizes around Minnesota to both mitigate and adapt to the effects of climate change including providing funding and resources for the development and implementation of climate action plans. BE IT FURTHER RESOLVED, Golden Valley calls on the federal government to immediately commit resources to support the climate mitigation and adaptation efforts of cities large and small, to invest in the infrastructure needed for a resilient, sustainable, and equitable future, to ensure that investment is at the scale needed, and to provide the necessary global leadership to keep global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit). Adopted by the City Council of Golden Valley, Minnesota this 21st day of December 2021. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk 114 City of Golden Valley 2023 Legislative PrioritiesPage 10 115 7800 Golden Valley Road, Golden Valley, MN 55427 | 763-593-8006 Page 11116 City of Golden Valley 2023 Legislative Priorities Federal Legislative Priorities Golden Valley City of Golden Valley 2022 Legislative Priorities Adopted by the City Council_______________117 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting January 3, 2023 Agenda Item 3I. Approval of One-Year Extension of Zoning Code Variance for 3017 Major Ave N Prepared By Myles Campbell, Planner Summary At the December 28, 2021, meeting of the Board of Zoning Appeals (BZA), the Board approved a variance for the property at 3017 Major Ave N to allow for the construction of a garage addition. The BZA granted a variance from Section 113-88, Subd. (e)(1)(c)(2) Side Yard Setback, to allow the garage addition to be 9.5 feet off of the required 12.5 feet to a distance of 3 feet at its closest point to the side yard (south) property line. According to the Zoning Code, a building permit must be applied for within one year of the date of the final notice of variance approval. The applicant is now requesting a one-year extension which would extend the time available to apply for a building permit to December 28, 2023. Financial or Budget Considerations None. Legal Considerations None. Equity Considerations The Board of Zoning Appeals hears requests from residents, businesses, and other property holders in the City. Each case is handled and regarded based on its own circumstances and without biases. Recommended Action Motion to approve a one-year extension for an approved Zoning Code variance for 3017 Major Ave N to December 28, 2023. Supporting Documents 3017 Major - 12-28-21 BZA Minutes 118 REGULAR MEETING MINUTES This meeting was conducted in a hybrid format with in‐person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meeting and provide comment by calling in. Call To Order The meeting was called to order at 7 pm by Richard Orenstein. Roll Call Members present: Chris Carlson, Nancy Nelson, Richard Orenstein, Kade Arms‐Regenold, Mike Ruby – Planning Commissioner Members absent: None Staff present: Myles Campbell, Planner; Jason Zimmerman, Planning Manager Approval of Agenda MOTION made by Nelson, seconded by Orenstein to approve the agenda of December 28, 2021, as submitted. Motion carried, 5‐0. Approval of Minutes MOTION made by Arms‐Regenold, seconded by Nelson to approve the November 23, 2021 meeting minutes. Motion carried, 5‐0. 1. Address: 3017 Major Ave N Applicant: Mike Smith Request: 9.5 feet off the required 12.5 feet to a total distance of 3 feet off the side property line § 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (f)(1)(c)(2) Principal Structure Side Setback Jason Zimmerman, Planning Manager, reminded the group this item was tabled from the previous meeting. The applicant is requesting a variance to allow for a second garage stall. This application differs from the previous application as the applicant is proposing to shift about a foot and a half. While this will still be a 2‐car garage, it will have one large garage door instead of two small ones. Staff reviewed setback requirements and proposed street view. December 28, 2021 – 7 pm 119 City of Golden Valley BZA Regular Meeting December 28, 2021 – 7 pm 2 Practical Difficulties 1. Improvements to older single‐car garages are commonly heard at the Board of Zoning Appeals, and given climate and modern trends in vehicle ownership, these are typically seen as reasonable uses of the property. However, this addition would reduce the side setback to less than 2 feet from the property line, significantly reducing the amount of space between structures and also requiring additional measures for fire protection. Staff believes the proposal as shown does not use the property in a reasonable manner. 2. The existing home’s location and reduced side setback are not the creation of the homeowner, however no other unique circumstance is listed by the property owner. Topography is relatively flat, there are no issues with storm water, and the addition would not avoid the need to remove mature trees. Staff believes the site does not exhibit unique circumstances. 3. While an older neighborhood with some smaller setbacks than today’s standards, at less than three feet this would be out of the ordinary for a principal structure. This impact would primarily be on the adjacent property owner rather than impacting views from the Right of Way. The lack of an ability to put eaves on at least one side of the home, due to fire safety requirements would also detract from its character. Staff believes the proposed use would alter the essential character of the area. Other Considerations Staff assesses whether the variance represents the smallest feasible variance or if there are other options available:  Existing home location leaves few options to both add a second stall and avoid a variance. The previous variance request could be reduced by shifting the second stall forward on the lot; that is not possible with a single door design.  The site has ample rear yard space in which a detached garage could be added. Recommendation Staff recommends denial of the variance request for 9.5 feet off the required 12.5 feet to a total distance of 3 feet off the side property line (south). Chair Orenstein opened the discussion for questions. Members and staff discussed the 1.5 foot difference from the prior request to this one. They reviewed the possibility of moving the second stall forward and the proximity to the setback. Chair Orenstein invited the applicant to speak. Mike Smith; Owner Jeff Ajack; Owner Kyle Huberty; Architect Applicant discussed the property and potential updates that can also maintain the character. The applicant looked at moving the garage forward but it would require removing a few mature trees. 120 City of Golden Valley BZA Regular Meeting December 28, 2021 – 7 pm 3 Adding a detached garage to the rear puts a 9‐ft driveway next to the setback and would require 3 large coniferous trees to be removed. The applicant believes the lot is unique due to its placement on the lot and its relation to the road. The applicant went on to discuss the curb view and the aesthetic of the neighborhood. Chair Orenstein asked the applicant to address the fire code issues. Applicant responded that the spacing between the homes is adequate and the fire code requirements will be built into the second stall. Additionally, the encroachment won’t impact the neighbor as that planned wall abuts the rear of their home and they use their side yard as a rear yard. The applicant went on to discuss alternatives they reviewed that either felt impactful to neighbors or didn’t match the aesthetic of the home. The Chair opened the public forum at 7:25pm No in person commenters No callers The Chair closed the public forum at 7:27pm Members discussed the home’s location on the property, discussed the alternative of a detached garage and not needing a variance however it alters the character of the neighborhood more than the variance request plans. The conversation went on to discuss the variance requirements and process to ensure it’s attached to the plans submitted and only for the specified corner of the home. A MOTION was made by Nelson and seconded by Carlson to approve the request of 9.5 feet off the required 12.5 feet to a total distance of 3 feet off the side property line, according to the plans submitted on December 28, 2021. Motion passed: 4‐1 Aye ‐ Carlson, Nelson, Orenstein, Ruby Nay ‐ Arms‐Regenold 2. Address: 448 Westwood Dr N Applicant: Scott Crooker Requests: 15.4 feet off the required 35 feet to a total distance of 19.6 feet. § 113‐88, Single‐Family Residential (R‐1) Zoning District, Subd. (f)(1)(a) Principal Structure Front Setback Jason Zimmerman, Planning Manager, reminded the group this item was tabled from the previous meeting but this time the second request is no longer on the table and the remaining has been adjusted. Staff reviewed the plot and home in relation to its neighborhood in the City. The home is a corner lot and according to zoning code, has two front yards and thus two 35‐foot setbacks. The current garage is a tuck under and the homeowner would like to convert the existing garage into home space and 121 Review of Council Calendar Event Event Time Location JANUARY Sunday, January 8 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, January 10 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, January 15 Sweet Potato Comfort Pie: Annual Dr. Martin Luther King, Jr. Service Holiday 1:00 PM - In-Person Pre-Program 2:00 PM - 4:30 PM - Hybrid Event Hybrid Event - Breck School, 123 Ottawa Ave N Monday, January 16 City Offices Closed for Observance of Dr. Martin Luther King, Jr. Day 2023 Dr. Martin Luther King, Jr. Holiday Breakfast 7:00 AM - Doors Open 8:00 - 9:30 AM - Program Hybrid Event - Minneapolis Convention Center Ballroom, 1301 Second Avenue South,Minneapolis Tuesday, January 17 City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, January 24 Annual City Council Goal Setting Session 5:30 PM - Dinner 6:30 PM - Session begins Hybrid Brookview - Valley Room Thursday, January 26 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Saturday, January 28 WinterFest 12:00 PM - 2:00 PM North Wesley Park FEBRUARY Wednesday, February 7 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, February 12 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, February 14 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Monday, February 20 City Offices Closed for Observance of Presidents' Day Tuesday, February 21 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, February 23 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Tuesday, February 28 City Council Annual Joint Meeting with Boards/Commissions 6:00 PM Hybrid - Brookview - Bassett Creek Room 122