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09-19-23 City Council Agenda September 19, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Proclamation Honoring September 15 - October 15, 2023 as Hispanic and Latino/a/e Heritage Month 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Minutes: 3A.1.Minutes of the Special City Council Closed Executive Session of September 12, 2023 3B.Approval of City Check Registers 3C.Licenses: 3C.1.Approve THC Retail Establishment License Renewals 3C.2.Approve Gambling License Exemption and Waiver of Notice Requirement - Hope International 3D.Boards, Commissions, and Task Forces: 3D.1.Accept Resignation from the Board of Zoning Appeals 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 2461 391 3190 and webinar password 1234. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2461 391 3190 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting September 19, 2023 — 6:30 PM 1 3D.2.Board and Commission Appointments 3D.3.Amend the 2023 Planning Commission Annual Work Plan 3E.Bids, Quotes, and Contracts: 3E.1.Approve Reimbursement Preliminary Engineering Agreement with Union Pacific Railroad for Crossing Replacement at Golden Valley Road 3E.2.Adopt Resolution No. 23-080 Approving Joint Powers Agreements with the State of Minnesota and the Bureau of Criminal Apprehension (BCA) 3F.Grants and Donations: 3F.1.Adopt Resolution No. 23-081 for The Youth Art and Music Grant From The Hennepin County Board of Commissioners for $1,150 to Purchase Supplies for The Golden Valley Puppet Wagon 3G.Adopt Resolution No. 23-082 Approving the Appointment of Election Judges and Establishment of an Absentee Ballot Board for the General Election on Tuesday, November 7, 2023 3H.Set Date for Proposed Property Tax Levy Payable 2024 and 2024-25 Budget 4.Public Hearing 5.Old Business 6.New Business 6A.Public Input on Adopting Resolution No. 23-083 to Adopt Proposed 2024-2025 Budget and Proposed Tax Levies Payable in 2024 and Adopt Resolution No. 23-084 Consenting to the Proposed 2024 Housing and Redevelopment Levy 6B.Review of Council Calendar 6C.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting September 19, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 1C. Proclamation Honoring September 15 - October 15, 2023 as Hispanic and Latino/a/e Heritage Month Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary Hispanic and Latino/a/e Heritage Month is celebrated from September 15 - October 15. This month uplifts the rich cultural, linguistic, and historical heritage representing many countries, ethnicities, and religious traditions that have contributed to America’s past, present, and future from Hispanic and Latino/a/e people. This proclamation also calls upon the Golden Valley community to collectively work towards dispelling ignorance, prejudice and fear through education about the history and countless contributions of Hispanic and Latino/a/e communities to mathematics, science, history, law, literature, arts, education, entertainment, government, politics, and other endeavors whether locally, statewide, or nationally. Financial or Budget Considerations N/A Legal Considerations This item did not require legal review. Equity Considerations This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's welcome statement. The City supports and honors individuals of all backgrounds and believes it is critical to acknowledge celebrations such as Hispanic and Latino/a/e Heritage Month to both educate community and staff as well as create space for belonging of these richly diverse communities. Recommended Action Motion to adopt proclamation honoring September 15 - October 15, 2023 as Hispanic and Latino/a/e Heritage Month Supporting Documents Proclamation for Hispanic and Latino-a-e Heritage Month - English Proclamation for Hispanic and Latino-a-e Heritage Month - Español 3 CITY OF GOLDEN VALLEY PROCLAMATION HONORING HISPANIC AND LATINO/A/E HERITAGE MONTH SEPTEMBER 15 – OCTOBER 15, 2023 WHEREAS, In 1988 the United States Congress adopted a resolution designating September 15 to October 15 of each year as National Hispanic Heritage Month WHEREAS, Hispanic and Latino/a/e people bring a rich cultural, linguistic, and historical heritage representing many countries, ethnicities, and religious traditions that have contributed to America’s past, present, and future; and WHEREAS, Hispanic and Latino/a/e Heritage Month celebrates the achievements of Hispanic and Latino/a/e Americans in mathematics, science, history, law, literature, arts, education, entertainment, government, politics, and other endeavors; and WHEREAS, countless movements led by Hispanic and Latino/a/e leaders and activists for civic, social, economic, and political change directly affecting the Hispanic, Indigenous, and Latino/a/e communities but have had far reaching in impact, in particular efforts that focused on fortifying civil rights, equity and opportunity for students as well as labor and worker right protections; and WHEREAS, Hispanic and Latino/a/e Heritage Month is an opportunity to dispel ignorance, prejudice and fear through education about the history and countless contributions of Hispanic and Latino/a/e communities. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim September 15 through October 15 “Hispanic and Latino/a/e Heritage Month” and call upon the people of Golden Valley to recognize the contributions made by members of the Hispanic and Latino/a/e community and to actively promote the principles of equality, equity, liberty, and justice. I, Mayor Shepard M. Harris, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on September 19, 2023. _____________________________ Shepard M. Harris, Mayor 4 CIUDAD DE GOLDEN VALLEY PROCLAMACIÓN EN HONRA DEL MES DE LOS HISPANOS Y LA HERENCIA LATINA/O/E 15 DE SEPTIEMBRE – 15 DE OCTUBRE DE 2023 CONSIDERANDO QUE,en 1988 el Congreso de los Estados Unidos adoptó una resolución designando del 15 de septiembre al 15 de octubre de cada año como el Mes Nacional de la Herencia Hispana. CONSIDERANDO QUE, las personas hispanas y latinas contribuyen una rica herencia cultural, lingüística e histórica que representa a muchos países, etnias y tradiciones religiosas que han contribuido al pasado, presente y futuro de los Estados Unidos; y CONSIDERANDO QUE, el Mes de la Herencia Hispana y Latina/o/e celebra los provechos de los hispanos y latinos en matemáticas, ciencias, historia, ley, literatura, artes, educación, entretenimiento, gobierno, política y otros esfuerzos; y CONSIDERANDO QUE, movimientos avanzando por líderes y activistas hispanos y latinos por el cambio cívico, social, económico y político que afectan directamente a las comunidades hispanas, indígenas y latinas, pero que han tenido un impacto de gran alcance, en particular los esfuerzos que se centraron en fortalecer los derechos civiles, el acceso y las oportunidades para los estudiantes, así como las protecciones de los derechos de obreros y de los trabajadores; y CONSIDERANDO QUE, El Mes de la Herencia Hispana y Latina es una oportunidad para disipar la ignorancia, los prejuicios y el miedo a través de la educación histórico y las innumerables contribuciones de las comunidades hispanas y latinas en este país. AHORA, POR LO TANTO, SE RESUELVE, que el Concejo Municipal de la Ciudad de Golden Valley proclama por la presente del 15 de septiembre al 15 de octubre "Mes de la Herencia Hispana y Latina" y hace un llamado a la gente de Golden Valley para que reconozca las contribuciones hechas por los miembros de la comunidad hispana y latina/o/e y para promover activamente los principios de igualdad, equidad, libertad y justicia. Yo, el alcalde, Shepard M. Harris, certifico con orgullo esta proclamación con mi firma y el sello de la Cuidad de Golden Valley el 19 de septiembre de 2023. _____________________________ Shepard M. Harris, Mayor 5 September 12, 2023 —6:00 PM Manager's Conference Room Golden Valley City Hall CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES Closed Session Items: 1.Call Closed Session to Order Mayor Harris called the meeting to order at 6:05 pm. Present:Mayor Shep Harris, Council Members Sophia Ginis, Maurice Harris, Denise La Mere-Anderson, and Gillian Rosenquist Staff present: City Manager Cruikshank, City Attorney Cisneros 2.Closed Session to discuss litigation strategies in the case titled In Re Municipal Stormwater Pond (Case No. 18-cv-3495) The meeting was closed as permitted by Minn. Stat. § 13D.05 for the purpose of discussing litigation strategies in the above referenced ongoing litigation. No other public business was discussed at the closed meeting pursuant to the statute. 3.Adjourn The Closed Executive Session was adjourned by unanimous consent at 6:19 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 6 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3B. Approval of City Check Registers 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-int/WebLink/browse.aspx?id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 08-30-23 Check Register 09-06-23 Check Register 09-13-23 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 7 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3C.1. Approve THC Retail Establishment License Renewals Prepared By Theresa Schyma, City Clerk Summary The following establishments are due for renewal of their THC retail establishment licenses for the upcoming year. These licenses were originally approved on September 20, 2022 and the license period was for one year from the date of approval. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval of the following license renewals: Discover CBD of MN, 8000 Olson Memorial Highway Down in the Valley, Inc., 8020 Olson Memorial Highway Financial or Budget Considerations Fees received for license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. No licenses are issued until full payment is received. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve the renewal of THC retail establishment licenses for the applicants above from September 20, 2023, through September 20, 2024. 8 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3C.2. Approve Gambling License Exemption and Waiver of Notice Requirement - Hope International Prepared By Theresa Schyma, City Clerk Summary Hope International, a non-profit organization, has applied for a Gambling License Exemption to conduct gambling (raffle) for a fundraising event at the Metropolitan Club and Ballroom, 5418 Wayzata Boulevard, on September 26, 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 Hope International to conduct gambling (raffle) for a fundraising event at the Metropolitan Club and Ballroom, 5418 Wayzata Boulevard, on September 26, 2023. 9 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3D.1. Accept Resignation from the Board of Zoning Appeals Prepared By Melissa Croft, Executive Assistant Summary Commissioner Chris Carlson has submitted their resignation from the Board of Zoning Appeals. Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to accept the resignation of Chris Carlson from the Board of Zoning Appeals, effective 9/27. 10 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3D.2. Board and Commission Appointments Prepared By Melissa Croft, Executive Assistant Summary City Council conducts interviews for vacant Board and Commission seats on a rolling basis. Attached is the list of current vacancies along with the list of candidates that have interviewed for those positions in the last year, to be considered for appointment. Council will have time preceding the meeting and following interviews to discuss any potential appointments. It should be noted that an appointment to the Basset Creek Watershed Management Commission will require a resolution that can be passed by Council at their meeting on October 3, 2023. Legal Considerations This item does not require legal review. Equity Considerations As a general guideline, each board or commission should be comprised of a diverse population representing a wide range of groups and interests. Furthermore, appointing new commission members fits within the Advancement of Diversity, Equity, and Inclusion pillar of the City's Equity Plan as well as the Inclusive Community Engagement pillar. Recommended Action Motion to make the following appointments. Supporting Documents 2023 B&C Vacancies.pdf 11 Current Board and Commission Vacancies BOARD OF ZONING APPEALS TERM DATE Vacancy April 30, 2024 Youth Vacancy August 30, 2024 ENVIRONMENTAL COMMISSION TERM DATE None COMMUNITY SERVICES COMMISSION TERM DATE Vacancy April 30, 2024 Vacancy April 30, 2025 Vacancy April 30, 2025 Vacancy April 30, 2026 Youth Vacancy August 30, 2024 OPEN SPACE AND RECREATION COMMISSION TERM DATE Youth Vacancy August 30, 2024 PLANNING COMMISSION TERM DATE None April 30, 2024 DEI COMMISSION TERM DATE Vacancy April 30, 2026 PEACE COMMISSION TERM DATE Youth Vacancy August 30, 2024 BCWMC Alternate Vacancy Note: this Commission requires appointments to be made via resolu�on. 12 List of Considera�ons Board of Zoning Appeals INTERVIEW DATE Lisa Roden September 19, 2023 Chris Gaspard September 19, 2023 Anthony Corrado September 19, 2023 DEI COMMISSION INTERVIEW DATE Drew Jones (Youth) N/A BCWMC INTERVIEW DATE Roxanne Biidabinokwe Gould September 19, 2023 13 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3D.3. Amend the 2023 Planning Commission Annual Work Plan Prepared By Jason Zimmerman, Planning Manager Summary In its session this summer, the Minnesota Legislature adopted Omnibus Labor Policy Bills in both the House and Senate. Within these omnibus bills were sections on the topic of “Sacred Communities” defined in the statute as: “A residential settlement established on or contiguous to the grounds of a religious institution's primary worship location primarily for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers...” These Sacred Communities would primarily be comprised of residential “Micro-Units,” and the statute requires municipalities to allow these Sacred Communities if the use met a set of minimum requirements. Based on staff’s initial reading of the statute, local controls will be limited. Municipalities are empowered to establish setbacks for structures within the community and can determine if the land use would be permitted by right, via conditional use permit, or via a Planned Unit Development. This statute will take effect January 1, 2024, and while staff does not anticipate any immediate action by existing religious institutions, the existing zoning code will need to be amended to remain compliant with state regulations. Given the short timeframe before the regulations take effect, staff proposes to amend the 2023 Planning Commission Work Plan to include developing the necessary zoning language to address these new requirements by adding the following item under Zoning Code Amendments/Updates: Develop language within the Institutional and Mixed Use zoning district regulations to address Sacred Communities in a manner fitting with the requirements of the State statute. Legal Considerations The regulations of the City's Zoning Chapter should not conflict with the language in State statutes. Equity Considerations 14 Amending the Planning Commission work plan will allow the City to develop regulations that could expand the range of housing options for the chronically homeless and those with extremely low incomes. Recommended Action Motion to amend the 2023 Planning Commission Annual Work Plan by adding language addressing Sacred Communities. Supporting Documents 2023 Planning Commission Work Plan 15 12 City of Golden Valley 2023 PROPOSED WORK PLAN ZONING CODE AMENDMENTS/UPDATES • Examine the Off-Street Parking section of City Code to align existing categories with new use tables, to revisit minimum parking requirements, and to consider new regulations around electric charging stations • Update the Telecommunications section of the Zoning Chapter to address small cell telecom • Consider changes to the City’s development process and expand the use of Site Plan Review to allow for a more timely and coordinated evalua- tion of proposed projects • Evaluate the current system of Public Amenity Points for Planned Unit Developments and pro- pose improvements that better align with desired community benefits • Monitor THC/cannabis legislation at the State level and be ready to amend zoning regulations in order to adapt to any new allowances related to sales or cultivation PLANNING APPLICATION REVIEW AND EVALUATION • Continue to review and make recommendations on land use applications as they are submitted to the City, including subdivision requests, Con- ditional Use Permits, and Planned Unit Develop- ments COMMISSIONER TRAINING AND EDUCATION • Continue Commissioner discussion and conver- sations around issues of racial equity in planning and zoning, including group viewings of the orig- inal TPT documentary, “Jim Crow of the North,” and all subsequent episodes • Conduct equity training coordinated with the City’s Equity and Inclusion Manager and the Di- versity and Equity Committee of the state chap- ter of the American Planning Association CITY COUNCIL-DIRECTED PROJECTS • Explore and propose a well-reasoned method for dividing the city into defined neighborhoods COMMISSIONER INITIATIVES • Work with staff to explore new and innovative planning concepts and to respond to the interests of individual Commissioners 16 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3E.1. Approve Reimbursement Preliminary Engineering Agreement with Union Pacific Railroad for Crossing Replacement at Golden Valley Road Prepared By RJ Kakach, PE, Assistant City Engineer Summary In 2020, staff performed a railroad surface crossing inventory of all the roadway intersections with railroad tracks in Golden Valley. Several crossings were identified as in fair or poor condition and future replacement funds were budgeted in the Capital Improvement Program. One of the crossings identified was the Union Pacific Railroad crossing at Golden Valley Road between Pennsylvania Avenue and Idaho Avenue. This crossing has degraded to a point where emergency repairs have been necessary within the last year. Railroad crossing surfaces are owned by the individual rail company but replacements are funded by the local road authority. In the case of the Golden Valley Road crossing, the City is responsible for funding the crossing replacement. The first step in the replacement process is to enter into a Reimbursement Preliminary Engineering Agreement with the railroad. Once the preliminary engineering is complete, a cost estimate is established and finally a construction and maintenance agreement is executed before the replacement occurs. For the Golden Valley Road crossing, replacement is anticipated for 2025 and this agreement is the first step in the process. Financial or Budget Considerations Funding for the crossing replacement is included in the 2023-2032 CIP (S-042) in the amount of $300,000. Legal Considerations The City Attorney has reviewed and approved the Reimbursement Preliminary Engineering Agreement with Union Pacific Railroad. Equity Considerations The Preliminary Engineering Agreement has been reviewed by the Equity and Inclusion Manager and satisfies Pillar 3 of the Equity Plan Pillars by providing unbiased programs and services. Recommended Action Motion to Approve Reimbursement Preliminary Engineering Agreement with Union Pacific Railroad 17 for Crossing Replacement at Golden Valley Road Supporting Documents Reimbursement Preliminary Engineering Agreement with Union Pacific Railroad 18 1 UPRR REMS Project 517045 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Estimate: $25,000.00 THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF GOLDEN VALLEY, MINNESOTA (Agency). RECITALS A.Agency desires to initiate the project more particularly described on Exhibit A attached hereto (the Project). B.The Project will affect Railroad's track and right of way at or near the Project area more particularly described on Exhibit A. C.Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement. AGREEMENT 1.NOW THEREFORE, the parties hereto agree as follows: 2.Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance or completeness of the PE Work; and (c) Agency's reliance on the PE Work is at Agency's own risk. 3.Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless if Agency declines to proceed with the Project or Railroad elects not to approve the Project. 9/19/2023 19 2 4.Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications and prepare material and force cost estimates for any Project related work performed by Railroad. 5.If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by Agency and Railroad. 6.Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. 7.No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. 8.This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related to the Project, such terms and provisions shall be deemed superseded by this Agreement to the extent of such inconsistency. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date. CITY OF GOLDEN VALLEY, MINNESOTA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Signature Signature Chris Keckeisen Printed Name Printed Name Manager I, Engineering – Public Projects Title Title Signature Printed Name Title Shepard M. Harris Mayor Timothy J. Cruikshank City Manager 20 Exhibit A Project Description and Location Project Description City of Golden Valley, MN proposes to replace the pavement structure and crossing surface at the crossing referred to below. Location Golden Valley Ind. Ld. DOT Crossing Type Milepost Street Name 185036U Public 4.91 Golden Valley Road 21 Exhibit B Scope of Project Services Scope of work includes, but is not limited to the following Field diagnostic(s) and inspections Plan, specification and construction review Project design Preparation of Project estimate for force account or other work performed by the Railroad Meetings and travel 22 Exhibit C Billing Contact Information Name R.J. Kakach Title Assistant City Engineer Address 7800 Golden Valley Road, Golden Valley, MN, 55427 Work Phone (763) 593-8043 Cell Phone Email rkakach@goldenvalleymn.gov Agency Project No. 23 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3E.2. Adopt Resolution No. 23-080 Approving Joint Powers Agreements with the State of Minnesota and the Bureau of Criminal Apprehension (BCA) Prepared By Maria Cisneros, City Attorney Summary Since the City has retained a new law firm (Berglund, Baumgartner & Glaser, LLC) to represent the City relative to providing prosecution services, this Resolution is necessary to revise the Joint Powers Agreement with the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension (BCA) and the City of Golden Valley on behalf of its Prosecuting Attorney. This Resolution also provides for the revision of the Court Data Services Subscriber Amendment to the Criminal Justice Data Network (CJDN) for which the City of Golden Valley is eligible. All of these Agreements are necessary in order to enable and authorize the Prosecutor to have access to computer systems operated by the Bureau of Criminal Apprehension to perform basic prosecution functions such as researching the criminal history of individuals or charging criminal offenses. Financial or Budget Considerations This five-year Joint Powers Agreement obligates the City to pay costs for the network connection to the BCA. However, since our new prosecuting firm of Berglund, Baumgartner & Glaser, LLC represents multiple jurisdictions, they have secured an arrangement with the BCA to only be billed as though they represent one jurisdiction and then split that cost among their several jurisdictions annually. This cost is included in the City's approved budget for prosecution. Legal Considerations The City Attorney has reviewed and approved these agreements. Equity Considerations Not Applicable Recommended Action Motion to adopt the Resolution No. 23-080 approving Joint Powers Agreements with the State of Minnesota and the Bureau of Criminal Apprehension and authorizing the Mayor and City Manager to sign the same on behalf of the City. Supporting Documents 24 Resolution No. 23-080 Approving JPA with BCA Golden Valley Prosecuting Attorney Master JPA Golden Valley Prosecuting Atty Court Amendment 25 RESOLUTION NO. 23-080 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF GOLDEN VALLEY ON BEHALF OF ITS PROSECUTING ATTORNEY WHEREAS, the City of Golden Valley on behalf of its Prosecuting Attorney desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW THEREFORE, BE IT RESOLVED by the City Council of Golden Valley, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Golden Valley on behalf of its Prosecuting Attorney, are hereby approved. 2. That Kurt Glaser, or their successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That Shepard Harris, the Mayor for the City of Golden Valley, and Tim Cruikshank, the City Manager, are authorized to sign the State of Minnesota Joint Powers Agreements. Adopted by the City Council of the City of Golden Valley, Minnesota this 19th day of September, 2023. _________________________________ Shepard M. Harris, Mayor ATTESTED: ____________________________________ Theresa Schyma, City Clerk 26 SWIFT Contract #___________ ______________ 1 DPS/BCA CJDN JPA_March 2021 State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Golden Valley on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCAmust provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unitwants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCAobtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access.BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a 27 SWIFT Contract #___________ ______________ 2 DPS/BCA CJDN JPA_March 2021 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access.In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies.Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources.To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCAthat the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access.On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreementthat when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements.This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record.The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a 28 SWIFT Contract #___________ ______________ 3 DPS/BCA CJDN JPA_March 2021 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening.The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address:Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue 29 SWIFT Contract #___________ ______________ 4 DPS/BCA CJDN JPA_March 2021 Saint Paul, MN 55106 Telephone:651.793.1007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: Kurt Glaser, Attorney Address: 333 Washington Ave. N. 405 Union Plaza Building Minneapolis, MN 55401 Telephone:612.213.2325 Email Address:kglaser@bbkglaw.com 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment.Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments.Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver.If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete.This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 30 SWIFT Contract #___________ ______________ 5 DPS/BCA CJDN JPA_March 2021 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit.The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records.If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’saccess to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 31 SWIFT Contract #___________ ______________ 6 DPS/BCA CJDN JPA_March 2021 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination.The BCA or the Governmental Unit may terminate this Agreementat any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. 5)&#"-"/$&0'5)*41"(&*/5&/5*0/"--:-&'5#-"/, 32 SWIFT Contract #___________ ______________ 7 DPS/BCA CJDN JPA_March 2021 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: __Shepard M. Harris____________________________ (PRINTED) Signed: ____________________________________________ Title: __Mayor_______________________________________ (with delegated authority) Date: ______________________________________________ Name: __Timothy J. Cruikshank__________________________ (PRINTED) Signed: ____________________________________________ Title: ___City Manager_________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ 33 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Golden Valley on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract Number , of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1.TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2.Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. a.“Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data 34 2 Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b.“Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c.“Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information”means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d.“DCA” shall mean the district courts of the state of Minnesota and their respective staff. e.“Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 35 3 f.“Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g.“Court” shall mean the State of Minnesota, State Court Administrator's Office. h.“Subscriber”shall mean the Agency. i.“Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3.REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a.Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b.Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c.Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4.SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory 36 4 body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6.APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7.LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services 37 5 Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a.Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b.Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c.Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d.Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 38 6 e.Proprietary Notices.Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f.Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9.LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 39 7 10.AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11.[reserved] 12.ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a.Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b.Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c.Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d.Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court 40 8 Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13.FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14.MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15.WARRANTY DISCLAIMERS. a.WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b.ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16.RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17.NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage 41 9 prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18.NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19.FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20.SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21.ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22.GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23.VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 42 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: __Shepard M. Harris______________________ (PRINTED) Signed: _______________________________________ Title: __Mayor________________________________ (with delegated authority) Date: ________________________________________ Name: _Timothy J. Cruikshank____________________ (PRINTED) Signed: _______________________________________ Title: __City Manager___________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 43 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3F.1. Adopt Resolution No. 23-081 for The Youth Art and Music Grant From The Hennepin County Board of Commissioners for $1,150 to Purchase Supplies for The Golden Valley Puppet Wagon Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant John W. Stutzman, CPRP, Recreation Supervisor Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial or Budget Considerations Not applicable. Legal Considerations Not required. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to adopt Resolution No. 23-081 approving the Youth Art and Music Grant from Hennepin County Board of Commissioners for $1,150 to purchase supplies for the Golden Valley Puppet Wagon. Supporting Documents 2023 Donation Resolution Youth Art and Music Grant.docx Youth Grants Contract Template - Arts Music.docx 44 RESOLUTION NO. 23-081 RESOLUTION ACCEPTING THE HENNEPIN COUNTY YOUTH ART & MUSIC GRANT FROM HENNEPIN COUNTY OF $1,150.OO TO PURCHASE SUPPLIES FOR THE GOLDEN VALLEY PUPPET WAGON WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $1,150.00 Youth Art & Music Grant donation from Hennepin County Board of Commissioners for the purchase of supplies for Golden Valley Puppet Wagon. Adopted by the City Council of Golden Valley, Minnesota this 19th day of September, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 45 Contract No: _________ 1 YOUTH ACTIVITIES GRANTS AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):a local governmental unit (“GRANTEE”). Recitals 1.Minnesota Statutes Section 473.757, subd. 2 authorizes COUNTY to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10. 2.Pursuant to Hennepin County Board Resolution 09-0320R3, COUNTY created the Hennepin County Youth Activities Grants program. With County Board approval, the program annually awards grants for youth activities and amateur sports within Hennepin County. 3.GRANTEE applied for a grant award from the Hennepin County Youth Activities Grants program, and COUNTY authorized an award to Grantee for completion of one or more Project(s). This award is to be distributed pursuant to the terms herein. The parties agree as follows: 1.YOUTH ACTIVITIES GRANTS PROJECT(S) Grantee agrees to complete the following Project(s): Project Description Award Period Award Amount Puppet Wagon Supplies 1/1/2023 – 12/31/2024 $1,150.00 Total Award: $1,150.00 Grantee Contact: John W. Stutzman, jstutzman@goldenvalleymn.gov, 763-512-2340 GRANTEE shall promptly report information about the Project and other data related to the Project as may be reasonably requested by COUNTY. 2.PAYMENT OF AWARD COUNTY shall reimburse eligible expenses up to the amount identified in Section 1. GRANTEE must request disbursement of funds within ninety (90) days of incurring the 46 Contract No: _________ 2 last Project expense and provide documentation of Project expenditures. This request shall be made to COUNTY in the form of Attachment A. Except for the Grant funds, COUNTY shall not pay or be responsible for any amounts to GRANTEE. Payments shall be made pursuant to the provisions herein and COUNTY’s then applicable payment policies, procedures, rules and directions. COUNTY is not responsible for remedying fraudulent or unauthorized payments requested in GRANTEE’s name. 3.INDEPENDENT CONTRACTOR This is a grant agreement; this is not a service agreement. There is no independent contractor, partnership, or joint venture relationship between the parties. GRANTEE’s personnel and/or subcontractors engaged to perform any work or services on behalf of GRANTEE will have no contractual relationship with COUNTY and will not be considered employees or independent contractors of COUNTY. 4.INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 5.RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 47 Contract No: _________ 3 6.CANCELLATION This Agreement may be canceled with or without cause by COUNTY upon thirty (30) days’ written notice. COUNTY reserves the right not to reimburse expenditures incurred after the date that notice of cancellation is provided. 7.SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term or cancellation of this Agreement do survive such term or cancellation. Such provisions include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; RECORDS- AVAILABILITY/ACCESS; CANCELLATION; and MINNESOTA LAW GOVERNS. 8.GRANT ADMINISTRATION Anna Carpenter, Youth Activities Grant Coordinator, or successor (“Grant Administrator”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. 9.MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 48 Contract No: _________ 4 COUNTY ADMINISTRATOR APPROVAL Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} Document Assembled by: {{Sig_es_:signer1:signature}} {{userstamp1_es_:signer1:stamp}} {{Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} 49 Contract No: _________ 5 GRANTEE GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* CITY OF GOLDEN VALLEY: By: _________________________________ Timothy J. Cruikshank, City Manager By: _________________________________ Shepard M. Haris, Mayor *GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. 50 Contract No: _________ 6 ATTACHMENT A SAMPLE REIMBURSEMENT REQUEST LETTER Submission Instructions: 1.Contact Hennepin County at Youth.Grants@hennepin.us to request a Purchase Order (PO) number and invoice template to include project expenses. 2.Copy and paste the letter template on official letterhead. Signature must come from the authorized signatory authority or official designee. Submit reimbursement request letter and completed invoice with PO number to Youth.Grants@hennepin.us. (Date) Hennepin County Purchasing and Contract Services Attn: Youth Activities Grants Coordinator 300 South Sixth Street, Minneapolis, MN 55487 To Whom It May Concern: Please accept this letter as our formal request to receive Hennepin County Youth Activities Grants grant funds in the amount of $_________for project. This letter also serves as official notification of our acknowledgement and adherence of the language and provisions of the executed grant agreement PR00000xxxx. Per your request, attached for your review are copies of paid invoices totaling $_____________ for PO ______. These paid invoices equal or exceed our project’s grant award. This project was completed on project date(s): This project served a total of ____ youths during the project period. This number was calculated by _____. This number is [an estimate/exact] number of youths who participated. The number provided reflects the unique (non-duplicated) number of youths served by this project. I trust the documentation provided is sufficient for your purposes. Please feel free to contact me if you need additional information or have any questions. Sincerely, _______________________________________________ (Name and Title) _______________________________________________ (Signature with Date) 51 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3G. Adopt Resolution No. 23-082 Approving the Appointment of Election Judges and Establishment of an Absentee Ballot Board for the General Election on Tuesday, November 7, 2023 Prepared By Theresa Schyma, City Clerk Summary As required per Minnesota Statute § 204B.21, Council needs to approve the appointment of the Election Judges and establishment of an Absentee Ballot Board for the upcoming general election. The Absentee Ballot Board will have the responsibility of accepting and rejecting absentee ballots based on the criteria set in statute. The City Clerk has compiled a list of individuals who either served as election judges in 2022 or have expressed interest in serving in 2023. Only those individuals that complete the required training will be able to serve on Election Day. Recruitment is still ongoing and the list will be adjusted as needed. Additionally, the Hennepin County Elections Office will appoint an Absentee Ballot Board that will be responsible for accepting/rejecting all mail-in absentee ballots received at the Hennepin County Government Center. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to adopt Resolution No. 23-082 approving the appointment of Election Judges and establishment of an Absentee Ballot Board for the General Election to be held on November 7, 2023. Supporting Documents Resolution No. 23-082 Election Judges and Absentee Ballot Board 52 RESOLUTION NO. 23-082 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES AND ESTABLISHING AN ABSENTEE BALLOT BOARD FOR THE GENERAL ELECTION ON NOVEMBER 7, 2023 WHEREAS,the City Clerk is the authorized Election Official for the City of Golden Valley; and WHEREAS, Minnesota Statute § 204B.21 requires persons serving as election judges be appointed by the City Council at least 25 days before the election; and WHEREAS,the City Clerk has submitted for approval a list of election judges (Exhibit A) to officiate at the November 7, 2023 General Election; and WHEREAS,the City Clerk has the authority to make any substitutions or additions as necessary to maintain the required minimum staffing levels while conducting the November 2, 2021 General Election; and WHEREAS,Minnesota Statute § 203B.121 states that an Absentee Ballot Board must be established by the City Council to facilitate the absentee ballot process for an upcoming election; and WHEREAS,the absentee ballot board is authorized to examine absentee ballot envelopes and accept or reject absentee ballots in the manner provided by Minnesota Statute; and WHEREAS,Golden Valley City Hall serves as an in-person absentee ballot center for the residents of Golden Valley and the Hennepin County Elections Office serves as a mail-in absentee ballot center for the residents of Golden Valley. NOW, THEREFORE, BE IT RESOLVED,by the Golden Valley City Council hereby approves the list of election judges, attached hereto as Exhibit A, to officiate at the November 7, 2023, General Election. BE IT FURTHER RESOLVED,the Golden Valley City Council approves guidelines establishing an absentee ballot board and authorizes the City Clerk to oversee the appointment and procedural processes for the City of Golden Valley. Adopted by the City Council of Golden Valley, Minnesota on the 19th day of September 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 53 RESOLUTION NO. 23-### EXHIBIT A Tracy Anderson Omar Ansari Rebecca Ansari Britt Marea Bakke Kirk Ballard Colin Bartol Roger Bergman Ian Black Pamela Blackamoore Karen Boehne Sarah Brady Bradley Brown Alison Bucklin Elizabeth Burgy Julia Calstrom Cristin Capron White Elayne Chiat Michelle Christensen Gary Cohen Christine Costello Melissa Croft Carol Cummins James Curme Kathleen Day Daniel Decker Kay Decker Paula Deziel Beth Doughty Cheryl Dragotis Caitlin Ekegren Brian Erickson Erica Fair John Farrell Tom Farrell Celeste Gaspard Janet George Teresa George Dale Gerber Emily Gilmore Pierre Girard Norma Glagus Beth Glommen Cheryl Gustafson Susan Haggberg-Miller Nathan Haines Christopher Harwood Jennifer Haskett Cyndi Hasselbusch Daniel Hedlund Heather Hegi Laura Hermer Angela Higgins Jennifer Hoffman Diane Hoffstedt Richard Holcomb Liz Honey Claire Huisman Joe Hunziker Antoinette Ihrke Maria Johnson Gwen Jorgens Mary Jo Kaiser Michael Knisely Tracy Koski Deborah Kotcher Barbara Krenn Robert Lang Julia L'Enfant Dustin Leslie Beth Lilja Margaret Macneale Abby McDonald Sandra Mendivil Steve Merriman Norman Mitchell Kari Moreau Kay Myers Kit Nisam Tara Olmo Bruce Osvold Dianne Osvold Jane Pagenkopf Thomas Parker Mark Pirkl John Polta Lisa Powell Robin Preble Laura Pugh Beverly Robinson Gary Rowland Barb Ruud Clare Sanford Janet Schultz William Schultz Sue Schwalbe Mary Sellke Carl Selness Richard Sienko Louise Simons Dean Smith Linda Stein Teresa Stephens Karla Stone Don Taylor Mindy Thompson Penny Thompson-Burke Marie Tiffin Barbara Tillman Hilary Toren John Toren Barbara Van Heel Sheila Van Sloun Connie Waffensmith Walter Waffensmith Jackie Wells Andrea Wiley Georgeann Wobschall Carrie Yeager 54 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 3H. Set Date for Proposed Property Tax Levy Payable 2024 and 2024-25 Budget Prepared By Sue Virnig, Finance Director Summary Staff recommends that the City Council set Tuesday, December 5, 2023 at 6:30 p.m. for the budget and levy public hearing. M.S.275.065 now requires that the City adopt a proposed budget and levy and certify the proposed budget and levy to the county auditor by October 2. The county auditor will use this information to prepare and send parcel specific notices between November 11 and November 24. The meeting date and time need to be announced at the time of the adoption of the preliminary levy and budget. Financial or Budget Considerations The budget and levy are set for the following budget year with this process. Legal Considerations MN Statutes outlines the process to approve a budget and levy. Equity Considerations The proposed budget strives to advance the equity goals of the City by funding infrastructure, programs, and services that provide opportunities and resources for all. The process for adoption includes the ability for any member of the public to provide feedback. Recommended Action Motion to set the date of the Truth-in-Taxation (Proposed Property Tax) public hearing for Tuesday, December 5, 2023 at 6:30 pm. 55 56 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting September 19, 2023 Agenda Item 6A. Public Input on Adopting Resolution No. 23-083 to Adopt Proposed 2024-2025 Budget and Proposed Tax Levies Payable in 2024 and Adopt Resolution No. 23-084 Consenting to the Proposed 2024 Housing and Redevelopment Levy Prepared By Sue Virnig, Finance Director Summary State Law requires the certification of a proposed budget and proposed tax levies no later than October 2, 2023. The final property tax levy for pay 2024 will be adopted by the City Council on December 5, can be less than the proposed levy, but not greater. The property tax levy, included as part of the 2024-2025 Proposed Budget, is currently $33,122,430. The General Fund levy portion is $26,778,525 and the Bonded Debt Levy is $6,343,905. At the meeting City staff will make a short presentation reviewing the Proposed 2024-2025 General Fund Budget and Proposed Tax Levies Payable in 2024. Financial or Budget Considerations The supporting documents set the budget for 2024. The budget is a plan that will give departments a guideline to conduct business. Legal Considerations MN Statutes lays out the Truth in Taxation process. Equity Considerations The proposed budget strives to advance the equity goals of the City by funding infrastructure, programs, and services that provide opportunities and resources for all. The process for adoption includes the ability for any member of the public to provide feedback. Recommended Action 57 Motion to adopt Resolution No. 23-083 for Proposed 2024-25 Budget and Proposed Tax Levies Payable in 2024. Motion to adopt Resolution No. 23-084 Consenting to the Preliminary 2024 Housing and Redevelopment Proposed Levy. Supporting Documents Resolution 23-083 Adopting Proposed 2024-25 Budget and Proposed Tax Levies Payable in 2024.doc 2024-2025 Proposed General Fund Revenue Summary.pdf 2024-25 Expenditure Summary by Division.pdf Resolution 23-084 Consenting to the 2024 Proposed Housing and Redevelopment Levy.doc 58 RESOLUTION NO. 23-083 ADOPTING THE PROPOSED 2024-25 BUDGET AND PROPOSED TAX LEVY PAYABLE IN 2024 WHEREAS, State Law requires the certification of a proposed budget and proposed tax levies no later than October 2, 2023; and WHEREAS, the City Council has met and discussed the proposed budget and tax levy; and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2016C (B2822), the amount of $393,710.63 will not be levied in 2024 due to the utilization of the franchise fees collected from gas and electric utilities, and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2017B (B2825A), the amount of $21,276.77 will not be levied due to the utilization of the internal state aid monies, and NOW, THEREFORE, BE IT RESOLVED, that there is hereby levied upon all taxable property located within the City of Golden Valley the following amounts: General Tax Levy $26,778,525 Bonded Debt Levy: Brookview Center 1,214,600 Street Improvement Bonds 5,129,305 TOTAL Tax Levy $33,122,430 BE IT FURTHER RESOLVED, the City Clerk shall certify to the Hennepin County Auditor a copy of this resolution approving the property tax levies for collection in 2024 for the City of Golden Valley. BE IT FURTHER RESOLVED, that the proposed 2024 budget of the General Fund is $30,110,690 and the proposed 2024 budget is approved in concept only. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget and property tax levies both proposed and final. Adopted by the City Council of Golden Valley, Minnesota this 19th day of September, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ 59 Theresa Schyma, City Clerk 60 2021 2022 2023 2023 2023%2024 2024 % 2024 2025 Actual Actual Adopted Estimated B VS E Concept Estimated 2023 Concept AD VALOREM TAXES 4011 AD VALOREM TAXES 20,274,481 22,185,904 25,008,020 25,008,020 100.00%23,871,695 26,778,525 107.08%27,566,499 ALLOWANCE FOR ABATEMENTS/DEL - - (175,000) (175,000) (175,000) (175,000) (175,000) LESS HOMESTEAD CREDIT - - 4014 HOMESTEAD CREDIT - - 4012 PENALTIES & INTEREST 18,665 22,095 10,000 10,000 10,000 10,000 TOTAL AD VALOREM TAXES 20,293,146 22,207,999 24,843,020 24,843,020 100.00%23,696,695 26,613,525 107.13%27,401,499 LICENSES 4023 LICENSE-NEW/USED VEHICLES 4,800 5,200 400 400 100.00%4,800 400 100.00%400 4025 LICENSE-TEMPORARY LIQUOR 200 300 200 200 100.00%200 200 100.00%200 4026 LICENSE-WINE ON/SALES 10,000 15,333 14,000 14,000 100.00%10,000 14,000 100.00%14,000 4027 LICENSE-LIQUOR ON/SALE 105,750 96,600 96,600 96,600 100.00%105,750 96,600 100.00%96,600 4028 LICENSE-LIQUOR OFF SALE 1,600 1,000 1,000 1,000 100.00%1,600 1,000 100.00%1,000 4029 LICENSE-NONINTOX ON SALE 3,000 3,000 3,000 3,000 100.00%3,000 3,000 100.00%3,000 4030 LICENSE-NONINTOX OFF SALE 600 600 600 600 100.00%600 600 100.00%600 4031 LICENSE-SUNDAY LIQUOR 2,400 2,700 2,700 2,700 100.00%2,400 2,700 100.00%2,700 4033 LICENSE-CIGARETTE 4,500 4,500 4,050 4,050 100.00%4,050 4,050 100.00%4,050 4034 LICENSE-DOG (KENNEL)1,000 - 1,000 1,000 0.00%1,000 1,000 0.00%1,000 4038 LICENSE-GARBAGE COLLECTORS 4,150 4,700 4,700 4,700 100.00%3,300 4,700 100.00%4,700 4041 LICENSE-PEDDLER/SOLICITOR 750 450 180 180 100.00%300 180 100.00%180 4044 LICENSE-GAS STATION 4,125 3,500 3,350 3,350 100.00%4,125 3,350 100.00%3,350 4046 LICENSE-APARTMENT 88,995 93,544 83,000 83,000 100.00%83,960 90,000 108.43%90,000 4048 LICENSE-AMUSE DEVIC - 250 250 250 100.00%90 250 100.00%250 4052 LICENSE-HEATING 12,675 12,900 12,575 12,575 100.00%13,000 12,575 100.00%12,575 4058 LICENSE-MASSAGE 3,700 4,300 3,700 3,700 100.00%5,740 3,700 100.00%3,700 4059 LICENCE-CHICKEN COOP/RUN 350 325 250 250 100.00%250 250 100.00%250 4060 LICENSE-THC 900 - #VALUE!250 250 #VALUE!250 TOTAL LICENSES 248,595 250,102 231,555 231,555 100.00%244,415 238,805 103.13%238,805 PERMITS 4101 PERMIT-BUILDING 864,426 908,124 650,000 1,127,315 173.43%625,000 1,000,000 153.85%1,000,000 4102 PERMIT-PLUMBING 87,390 107,629 60,000 65,000 108.33%60,000 60,000 100.00%60,000 4103 PERMIT-SEWER 19,600 21,050 5,000 12,550 251.00%5,000 5,000 100.00%5,000 4104 PERMIT-HEATING 181,162 307,624 125,000 186,725 149.38%125,000 150,000 120.00%150,000 4105 PERMIT-WATER 2,100 1,850 1,800 1,200 66.67%1,800 1,800 100.00%1,800 4107 PERMIT-STREET EXCAVATING 44,321 55,733 28,000 29,035 103.70%28,000 28,000 100.00%28,000 4108 PERMIT-FIRE 31,017 38,271 20,000 25,000 125.00%20,000 20,000 100.00%20,000 4109 PERMIT-BILLBOARD 4,940 4,700 3,000 3,000 100.00%3,000 3,000 100.00%3,000 4114 PERMIT-TEMPORARY OCCUPENCY 600 300 300 4115 PERMIT-REFUNDS(20%)690 (3,663) 500 4,095 500 500 0.00%500 4116 PERMIT-GRADING/DRAINAGE/EROSI 9,983 12,100 6,000 6,000 100.00%6,000 6,000 100.00%6,000 4117 PERMIT-TREE PRESERVATION 3,050 6,000 1,200 4,250 354.17%1,200 1,200 100.00%1,200 4119 PERMIT-ELECTRICAL 73,489 102,944 75,000 75,000 100.00%75,000 75,000 100.00%75,000 4120 PERMIT-FIREWORKS 100 100 100 100 100.00%100 100 100.00%100 4121 PERMIT-SPECIAL EVENTS 50 125 50 50 100.00%50 50 100.00%50 4122 ELECTRIC DOCUMENTATION FEE 24,203 29,244 13,000 16,000 123.08%13,000 13,000 100.00%13,000 TOTAL PERMITS 1,347,121 1,592,131 988,650 1,555,620 157.35%963,650 1,363,650 137.93%1,363,650 FEDERAL GRANTS (1) 4137.1 ARPA GRANT 125,000 60,000 60,000 4137 CARES MONIES 4137.1 CARES MONIES-HENN CTY 4131 FEMA GRANT 4132.1 FED VEST PROGRAM 4132.3 SAFE AND SOBER TOTAL FEDERAL GRANTS - 125,000 60,000 60,000 - - STATE AID/GRANTS (1) 4146 ENERGY SECURITY GRANT 2,500 2,500 4149 LOCAL PERFORMANCE AID 4150 FIRE POST BOARD TRAINING GRANT 21,015 425 16,000 22,000 25,000 16,000 11685.00%16,000 4151 STATE AID 4152 LOCAL GOVERNMENT AID (LGA) 4153 POLICE TRAINING 28,479 20,697 16,000 18,000 112.50%25,000 16,000 100.00%16,000 4155 COURT FINES 4153.1 TOWARDS ZERO DEATHS (TZD)1,991 3,000 3,000 3,000 3,000 4153.6 VEST REIMBURSEMENT GRANT 690 4,970 Proposed 2024 - 2025 General Fund Revenue Report City of Golden Valley 61 2021 2022 2023 2023 2023%2024 2024 % 2024 2025 Actual Actual Adopted Estimated B VS E Concept Estimated 2023 Concept Proposed 2024 - 2025 General Fund Revenue Report City of Golden Valley TOTAL STATE GRANTS 52,684 28,083 35,000 45,500 130.00%50,000 35,000 100.00%35,000 COUNTY AID/GRANTS (1) 4173 OTHER COUNTY GRANTS 4,280 1,000 4,280 4,280 4,280 15,000 TOTAL COUNTY GRANTS 4,280 1,000 4,280 4,280 - 4,280 15,000 GENERAL GOVERNMENT 4191 CERTIFICATION FEE 12,054 13,260 7,500 7,500 100.00%7,500 7,500 100.00%7,500 4174 OTHER GOVT UNITS - 4194 ADMIN LIQUOR LICENSE - - - 500 #DIV/0! 4196 GENERAL GOVT-GEN SER 1,144 1,930 1,000 3,000 300.00%10,000 1,000 100.00%1,000 4197 FILING FEES 155 50 15 - 15 15 100.00%- 4200 LIQUOR LICENSE CHECKING 2,300 3,150 2,300 3,150 136.96%2,200 2,300 100.00%2,300 4203 COPY/MAILING FEES 6 - - - 4204 DOMESTIC PARTNERSHIP REG 120 - - - 4206 CITY T-SHIRTS 2,000 - - 4207 LEGAL FEES - 105 - - TOTAL GENERAL GOVERMENT 17,779 18,495 10,815 13,650 126.21%20,215 10,815 100.00%10,800 PUBLIC SAFETY 4226 BRECK TRAFFIC CONTROL 40,863 30,620 30,000 30,620 102.07%28,650 30,000 100.00%30,000 4228 ALARM ORDINANCE VIOLATION 5,248 9,028 3,700 4,585 123.92%3,700 3,700 100.00%3,700 4229 SECURITY SERVICES - (209) - - - - 4230 POLICE DEPT CHARGES 3,557 6,159 SCHOOL RESOURCE OFFICER-281 - 4231 FIRE DEPT CHARGES 1,150 582 850 #DIV/0!850 850 850 4232 ANIMAL IMPOUND FEES 520 332 200 200 100.00%1,200 200 100.00%200 4233 ACCIDENT REPORTS - - 4237 NUISANCE VIOLATION 500 (300) #DIV/0! 4239 ANIMAL IMPOUND CONTRACT-RO 3,770 2,480 1,800 1,800 100.00%1,800 1,800 100.00%1,800 TOTAL PUBLIC SAFETY 55,608 48,692 35,700 38,055 106.60%36,200 36,550 102.38%36,550 PUBLIC WORKS/COMMUNNITY DEVELOPMENT 4258 PLANNING & ZONING FEES 22,150 14,270 7,500 7,500 100.00%7,500 7,500 100.00%7,500 4251 CHGS FOR STREET DEPT - 2,135 - - 100 - - 4253 CHGS FOR PARK DEPT - 3,147 - 3,145 - - 4254 WEED CUTTING (375) 1,125 1,125 1,125 100.00%3,800 1,125 100.00%1,125 4255 STREET LIGHT MAINT CHGS 177,619 193,357 175,000 175,000 100.00%175,000 175,000 100.00%175,000 4256 CHGS FOR ENGINEERING (684) (2,392) - - - - 4256 HOMESTUDY PROGRAM 15,000 4262 CHARGING STATION-CITY HALL 55 425 - - - - TOTAL PUBLIC WORKS 198,765 212,067 183,625 186,770 101.71%186,400 198,625 108.17%183,625 PARK & RECREATION 4305 MISC INCOME-BROOKVIEW 252 61 1,000 1,000 100.00%1,000 1,000 100.00%1,000 4307 PICNIC SHELTER RENTAL 27,480 38,880 22,000 22,000 100.00%22,000 22,000 100.00%22,000 4308 LIQUOR PERMIT-BV 1,150 1,350 500 500 100.00%500 500 100.00%500 4309 ATHLETIC FACILITY RENTALS 67,306 9,274 30,000 30,000 100.00%45,000 45,000 150.00%45,000 4311.1 MEADOWBROOK RENTAL 3,940 13,428 25,000 28,000 112.00%28,000 28,000 112.00%28,000 4311.2 MEADOWBROOK PROGRAMS 1,118 10,485 4,000 8,000 200.00%8,000 8,000 200.00%8,000 4314 FINANICAL ASSISTANCE - (120) 125 (1,500) -1200.00%(1,500) (1,500) -1200.00%(1,500) 4315 FOOD TRUCK PERMITS 550 2,070 1,500 1,500 100.00%1,500 1,500 100.00%1,500 4316 SPONSORSHIPS - 500 500 1,200 1,200 1,200 240.00%1,200 4317 GV LOGO CLOTHING 844 1,919 1,000 1,500 150.00%1,000 1,000 100.00%1,000 4325.1 ADULT-ATHLETICS 10,280 15,250 12,000 18,000 150.00%19,000 19,000 158.33%19,000 4325.2 ADULT SOFTBALL 33,220 32,100 24,900 37,000 148.59%38,000 38,000 152.61%38,000 4325.3 ADULT-PROGRAMS & EVENTS 7,323 21,904 12,000 34,000 283.33%35,000 35,000 291.67%35,000 4355.1 YOUTH-ATHLETICS 13,165 35,368 42,000 35,000 83.33%76,000 35,000 83.33%35,000 4355.2 YOUTH-SUMMER PLAYGROUND 26,427 33,208 4,000 33,000 825.00%46,000 10,000 250.00%10,000 4355.3 YOUTH-PROGRAM & EVENTS 9,013 28,916 15,000 15,000 100.00%45,000 45,000 300.00%45,000 4389 FIELD MAINTENANCE FEES 7,296 17,000 4,000 12,000 300.00%12,000 12,000 300.00%12,000 4405.1 SENIOR-PROGRAMS & EVENTS 1,260 4,257 2,500 4,000 160.00%4,500 4,500 180.00%4,500 4405.2 SENIOR-TRIPS 5,112 32,019 8,000 8,000 100.00%60,000 10,500 131.25%10,500 TOTAL PARK AND RECREATION 215,736 297,869 210,025 288,200 137.22%442,200 315,700 150.32%315,700 OTHER FUNDS 62 2021 2022 2023 2023 2023%2024 2024 % 2024 2025 Actual Actual Adopted Estimated B VS E Concept Estimated 2023 Concept Proposed 2024 - 2025 General Fund Revenue Report City of Golden Valley 4433 CHGS TO CONSTRUCTION FUND 163,760 103,013 125,000 125,000 100.00%125,000 125,000 100.00%125,000 4434 CHGS TO UTILITY FUND 275,000 275,000 300,000 275,000 91.67%275,000 300,000 100.00%300,000 4435 CHGS TO BROOKVIEW FUND 85,000 85,000 85,000 85,000 100.00%85,000 85,000 100.00%85,000 4436 CHGS TO MOTOR VEHICLE FUND 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000 4437 CHGS TO RECY FUND 51,500 75,000 75,000 75,000 100.00%75,000 75,000 100.00%75,000 4438 CHGS TO CEMETARY FUND - 200 4439 HRA TRANS-ADMIN - - 4440 CHGS TO STORM UTILITY FUND 200,000 200,000 250,000 250,000 100.00%200,000 250,000 100.00%250,000 TOTAL OTHER FUNDS 805,260 768,213 865,000 840,000 97.11%790,000 865,000 100.00%865,000 FINES & FORFEITURES 4155.1 DWI VEHICLE FORFEITURES - - - - - 4155 COURT FINES & FORFEITURES 127,095 81,852 76,640 76,640 100.00%125,000 76,640 100.00%76,640 TOTAL FINES & FORFEITURES 127,095 81,852 76,640 76,640 100.00%125,000 76,640 100.00%76,640 INTEREST ON INVESTMENTS 4471 INTEREST ON INVESTMENTS (63,306) (513,279) 125,000 80,000 64.00%150,000 125,000 100.00%130,000 INTEREST ON INVESTMENTS (63,306) (513,279) 125,000 80,000 64.00%150,000 125,000 100.00%130,000 TRANSFERS IN 4501 PERMANENT TRANS-MOTOR VEH 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000 TOTAL TRANSFERS IN 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000 OTHER REVENUE 4479 TOWER RENTAL 15,977 16,372 14,000 14,000 100.00%14,820 14,000 100.00%14,000 4480 BUILDING RENTS -BROOKVIEW GOLF COURSE 127,200 127,200 100,000 127,200 127.20%100,000 127,200 127.20%127,200 -MOTOR VEHICLE LICENSING 22,000 22,000 22,000 22,000 100.00%22,000 22,000 100.00%22,000 -VEHICLE MAINTENANCE 24,000 24,000 24,000 24,000 100.00%24,000 24,000 100.00%24,000 4478 SPECIAL ASSESS COLL-COUNTY 7,344 8,857 6,000 6,000 100.00%6,000 6,000 100.00%6,000 4483 CONTRIBUTIONS & DONATIONS 1,300 1,600 TOTAL OTHER REVENUE 197,821 200,029 166,000 193,200 116.39%166,820 193,200 116.39%193,200 MISCELLANEOUS COSTS 4476 BURIAL CHARGE-CEMETERY 400 1,150 400 400 100.00%1,500 400 100.00%400 4707 PENALTIES-LIQUOR/TOBACCO 4474 SCRAP METAL 9,435 3,634 2,500 2,500 100.00%2,000 2,500 100.00%2,500 4486 MISCELLANEOUS RECEIPTS 1,318 1,415 1,000 1,000 100.00%2,500 1,000 100.00%1,000 4487 OVER AND SHORT (96) (15) 4488 RETURNED CHECK FEE 4489 ATM 16 16 - - 300 - - 4491 CERTIFICATION FEES 30 30 - - - - TOTAL MISCELLANEOUS COSTS 11,103 6,230 3,900 3,900 100.00%6,300 3,900 100.00%3,900 GENERAL FUND TOTAL 23,541,687$ 25,354,483$ 27,869,210$ 28,490,390$ 102.23%26,907,895$ 30,110,690$ 108.04%30,899,369$ 63 2021 2022 2023 2023 2024 2024 2025 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT 001 COUNCIL 1001 COUNCIL $341,396 $430,130 $410,150 $403,530 $434,095 $294,970 $305,930 1002 PEACE COMMISSION 203 267 5,000 5,000 5,100 5,100 5,200 1003 DIVERSITY EQUITY INCLUSION 1,315 1,566 5,300 5,300 5,400 5,300 5,400 1040 ENVIRONMENTAL COMMISSION 1,550 0 3,500 3,500 3,500 3,500 3,500 1050 PLANNING COMMISSION 1,519 1,398 3,725 3,725 3,805 3,805 3,805 1060 PARK & OPEN SPACE COMM 67 353 1,100 1,100 1,100 1,100 1,100 1070 BOARD OF ZONING APPEALS 332 633 1,185 1,185 1,220 1,145 1,145 1142 ELECTIONS (MOVED IN 2024)26,903 64,621 48,845 52,290 105,050 0 0 TOTAL DIVISION (001)373,285 498,968 478,805 475,630 559,270 314,920 326,080 003 CITY MANAGER 1030 CITY MANAGER 1,102,027 1,293,470 1,693,715 1,647,720 1,557,350 401,740 417,710 1105 INFORMATION TECHNOLOGY (MOVED IN 2024) 1,633,155 1,662,740 TOTAL DIVISION (003)1,102,027 1,293,470 1,693,715 1,647,720 1,557,350 2,034,895 2,080,450 004 TRANSFERS OUT 1025 TRANSFERS OUT 6,167,580 3,362,910 3,200,000 3,200,000 3,425,000 3,375,000 3,525,000 TOTAL DIVISION (004)6,167,580 3,362,910 3,200,000 3,200,000 3,425,000 3,375,000 3,525,000 005 ADMINISTRATIVE SERVICES 1101 GENERAL SERVICES 824,453 839,125 909,675 906,975 933,540 923,770 954,500 1102 ACCOUNTING 338,801 414,286 484,365 485,940 505,905 534,030 565,360 1105 COMPUTER SERVICES 1,145,434 1,170,885 1,306,395 1,316,395 1,357,525 0 0 TOTAL DIVISION (005)2,308,688 2,424,296 2,700,435 2,709,310 2,796,970 1,457,800 1,519,860 006 LEGAL SERVICES 1121 LEGAL SERVICES 235,234 367,498 482,395 482,295 591,920 457,215 573,990 1122 CITY CLERK (MOVED IN 2024)- - - - - 188,835 199,250 1123 ELECTIONS & VOTER REGISTRATION (MOVED IN 2024)- - - - 129,745 53,070 TOTAL DIVISION (006)235,234 367,498 482,395 482,295 591,920 775,795 826,310 007 RISK MANAGEMENT 1115 INSURANCE 269,420 277,610 370,000 370,000 380,000 380,000 400,000 TOTAL DIVISION (007)269,420 277,610 370,000 370,000 380,000 380,000 400,000 008 HUMAN RESOURCES 0 0 0 0 0 501,380 478,415 1034 DEP CLERK/HUMAN RESOURCES 0 0 0 0 0 326,650 343,670 1035 DIVERSITY, EQUITY AND INCLUSION 0 0 0 0 0 828,030 822,085 TOTAL DIVISION (008) 009 COMMUNICATIONS 1031 COMMUNICATIONS - - - - - 462,695 $497,190 TOTAL DIVISION (009)- - - - - 462,695 497,190 011 BUILDING OPERATIONS 1180 BUILDING OPERATIONS $791,567 911,886 872,100 949,115 897,980 992,560 1,013,935 TOTAL DIVISION (011)791,567 911,886 872,100 949,115 897,980 992,560 1,013,935 / PROGRAM DIVISION CITY OF GOLDEN VALLEY 2024 - 2025 OPERATING BUDGET 64 2021 2022 2023 2023 2024 2024 2025 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY 2024 - 2025 OPERATING BUDGET 016 PLANNING 1166 PLANNING 412,822 392,458 401,220 415,275 426,405 523,380 541,080 TOTAL DIVISION (016)412,822 392,458 401,220 415,275 426,405 523,380 541,080 018 INSPECTIONS 1162 INSPECTIONS 797,494 884,310 917,025 947,400 959,640 1,015,405 1,049,195 TOTAL DIVISION (018)797,494 884,310 917,025 947,400 959,640 1,015,405 1,049,195 65 2021 2022 2023 2023 2024 2024 2025 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY 2024 - 2025 OPERATING BUDGET 022 POLICE 1300 POLICE ADMINISTRATION 1,127,802 1,112,954 1,179,660 1,219,440 1,230,495 1,348,155 1,360,150 1320 POLICE OPERATIONS 4,835,223 4,713,862 6,525,555 6,756,010 6,840,650 7,045,405 6,960,265 1323 TOWARDS ZERO DEATHS - 1,117 - - - - - 1324 POLICE SECUITY SERVICE-POTUS - - - - - - - 1130 PROSECUTION AND COURT 199,438 - - - - - - TOTAL DIVISION (022)6,162,463 5,827,933 7,705,215 7,975,450 8,071,145 8,393,560 8,320,415 023 FIRE 1346 FIRE ADMINISTRATION 1,450,511 1,775,050 2,184,600 $2,079,315 2,241,615 2,318,220 2,427,270 TOTAL DIVISION (023)1,450,511 1,775,050 2,184,600 2,079,315 2,241,615 2,318,220 2,427,270 035 COMMUNITY DEVELOPMENT 1400 COMMUNITY DEVELOPMENT 324,003 332,680 357,855 349,655 370,800 374,135 392,565 TOTAL DIVISION (035)324,003 332,680 357,855 349,655 370,800 374,135 392,565 036 ENGINEERING 1420 GENERAL ENGINEERING 561,482 560,112 707,665 680,675 780,845 697,635 713,735 TOTAL DIVISION (036)561,482 560,112 707,665 680,675 780,845 697,635 713,735 037 STREETS 1440 STREET MAINTENANCE 1,808,936 1,950,782 2,226,420 2,117,355 2,319,195 2,292,745 2,364,505 1448 SNOW AND ICE CONTROL 239,978 288,100 279,250 279,250 294,030 286,430 296,530 1449 STREET LIGHTS 227,089 243,403 247,500 247,500 252,500 255,000 262,500 1450 TRAFFIC SIGNALS 28,609 28,647 55,500 55,500 59,000 59,500 62,750 TOTAL DIVISION (037)2,304,612 2,510,932 2,808,670 2,699,605 2,924,725 2,893,675 2,986,285 066 PARK AND REC ADMINISTRATION 1600 PARK AND REC ADM 864,289 948,660 1,016,125 1,041,100 1,049,935 1,084,010 1,118,140 TOTAL DIVISION (066)864,289 948,660 1,016,125 1,041,100 1,049,935 1,084,010 1,118,140 067 PARK MAINTENANCE 1620 PARK MAINTENANCE 1,176,750 1,207,422 1,259,780 1,382,185 1,302,750 1,439,510 1,496,960 1646 TREE MAINTENANCE 226,885 316,026 276,590 276,540 298,505 305,405 324,920 TOTAL DIVISION (067)1,403,635 1,523,448 1,536,370 1,658,725 1,601,255 1,744,915 1,821,880 068 PARK AND REC PROGRAMS ADULT PROGRAMS: 1596 ADULT-ATHLETICS 5,323 15,126 10,800 12,240 12,420 12,740 14,740 1597 ADULT-SOFTBALL 24,335 27,304 35,050 34,250 36,625 34,625 38,700 1680 ADULT-PROGRAMS & EVENTS 12,899 19,848 31,015 30,415 31,025 30,415 30,415 TOTAL ADULT PROGRAMS 42,557 62,278 76,865 76,905 80,070 77,780 83,855 66 2021 2022 2023 2023 2024 2024 2025 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY 2024 - 2025 OPERATING BUDGET YOUTH PROGRAMS: 1660 YOUTH-SUMMER PLAYGROUND 55,219 57,407 82,680 82,680 84,500 88,560 91,880 1670 YOUTH-PROGRAMS & EVENTS 13,508 23,606 56,560 56,560 57,770 57,770 58,980 1673 YOUTH-ATHLETICS 7,761 41,151 55,960 49,635 57,110 53,085 54,235 1679 YOUTH-RINK SUPERVISION 2,772 25,742 28,690 28,690 28,690 28,690 29,550 TOTAL YOUTH PROGRAMS 79,260 147,906 223,890 217,565 228,070 228,105 234,645 SENIOR PROGRAMS: 1691 SENIOR-PROGRAMS & EVENTS 2,545 14,658 31,020 31,020 31,625 31,625 32,250 1694 SENIOR-TRIPS 5,562 30,439 56,200 55,700 56,200 56,200 56,200 TOTAL SENIOR PROGRAMS 8,107 45,097 87,220 86,720 87,825 87,825 88,450 RONALD B DAVIS COMM CTR: 1695 MEADOWBROOK COMM CTR 5,285 41,606 49,040 49,040 49,685 50,350 51,700 TOTAL RONALD B DAVIS COMM CTR 5,285 41,606 49,040 49,040 49,685 50,350 51,700 TOTAL DIVISION (068)135,209 296,887 437,015 430,230 445,650 444,060 458,650 099 CONTINGENCIES 1900 CONTINGENCIES $0 $0 $0 $0 $0 $0 $0 TOTAL DIVISION (099)$0 - - - - - $0 GENERAL FUND TOTAL DIVISIONS 25,664,321 24,189,108 27,869,210 28,111,500 29,080,505 30,110,690 30,840,125 67 RESOLUTION NO. 23-084 CONSENTING TO THE 2024 PROPOSED HOUSING AND REDEVELOPMENT LEVY WHEREAS, The Golden Valley Housing and Redevelopment Authority (the “HRA”) has authorities and powers according to MN Statutes, Section 469.033, subd. 6 provides that subject to the consent by the resolution of the governing body of the city in and for which it was created, an authority may levy upon all taxable property within the city for housing and redevelopment purposes, and WHEREAS, The HRA is requesting the City of Golden Valley to approve a consent for the levy to fund the HRA Housing Program for the year payable 2024, and WHEREAS, The City Council discussed the HRA levy and budget on September 13, 2022 and their meeting on September 20, 2022 and WHEREAS, The HRA levy is $288,880, and BE IT RESOLVED by the City of Golden Valley that it approves and consents to certification of a 2024 tax levy in the amount of $288,880 for housing and redevelopment purposes of the HRA. Adopted by the City Council of Golden Valley, Minnesota this 19th day of September, 2023. __________________________ Shepard M. Harris, Mayor ATTEST: ________________________________ Theresa Schyma, City Clerk 68 Review of Council Calendar Event Event Time Location SEPTEMBER Sunday, September 24 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Thursday, September 28 Golden Valley Business Council Meeting Including Golden Valley Mayor & City Council Candidate Forum 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room League of Women Voters: Golden Valley Mayor & City Council Candidate Forum 7:00 PM Golden Valley City Hall Council Chambers OCTOBER Sunday, October 1 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Thursday, October 3 Special City Council Meeting (Closed Session)TBD Manager's Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, October 8 Market in the Valley - Last Day 9:00 AM - 1:00 PM City Hall Campus Tuesday, October 10 New Play Trail Grand Opening & Ribbon Cutting Event 5:30 PM - 6:15 PM Lions Park Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, October 17 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, October 26 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Saturday, October 28 Trunk or Treat 12:00 PM - 3:00 PM City Hall Campus NOVEMBER Saturday, November 4 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Tuesday, November 7 Election Day 7:00 AM - 8:00 PM City Precincts/Polls Tuesday, November 8 City Council Meeting 6:30 PM Hybrid - Council Chambers Friday, November 10 City Offices Closed for Observance of Veterans' Day Wednesday, November 14 Special City Council Meeting (Canvass Election)6:15 PM Hybrid - Council Conference Room HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room 69