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02-20-24 City Council Agenda February 20, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Performance by the Robbinsdale Cooper High School Step Team 1C.Roll Call 1D.Update from Hennepin County Commissioner Irene Fernando 1E.New Employee Introductions 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Check Registers 3B.Licenses: 3B.1.Approve Multi-Family Rental Property Licenses for the period of March 1, 2024 through February 28, 2025. 3B.2.Gambling License Exemption and Waiver of Notice Requirement - Holy Name of Jesus Catholic School 3B.3.Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Catholic Church and School CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2633 085 4618 and webinar password 1234. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2633 085 4618 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting February 20, 2024 — 6:30 PM 1 3B.4.Gambling License Exemption and Waiver of Notice Requirement - PRISM 3C.Boards, Commissions, and Task Forces: 3C.1.Appointment to the Police Employment, Accountability, & Community Engagement (PEACE) Commission 3C.2.Adopt Resolution No. 24-012 Approving Reappointments to the Bassett Creek Watershed Management Commission 3D.Grants and Donations: 3D.1.Adopt Resolution No. 24-013 Accepting the In-Kind Donation of $1,450 from Stan Waldhauser Photography 3D.2.Adopt Resolution No. 24-014 to Apply for a Minnesota Pollution Control Agency (MPCA) Host Site for a MN GreenCorps Member 3E.Adopt Resolution No. 24-015 Providing for the Competitive Negotiated Sale of $3,710,000 General Obligation Improvement Bonds, Series 2024A 3F.Adopt Resolution No. 24-016 Approving the Appointment of Election Judges and Establishment of an Absentee Ballot Board for All Elections in 2024 3G.Adopt Resolution No. 24-017 Approving a Post Issuance Debt Compliance Policy and Procedures 4.Public Hearing 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.Second Reading of Ordinance No. 779 Amending City Code Chapter 10, Article III - Shade Tree Disease and Pest Control to Discontinue Private Ash Tree Condemnation and Resolution No. 24-018 Approving Summary Publication of Ordinance No. 779 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 February 20, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 1D. Update from Hennepin County Commissioner Irene Fernando Prepared By Theresa Schyma, City Clerk Summary Hennepin County Commissioner Irene Fernando will present an update to the Council. Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 3 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 1E. New Employee Introductions Prepared By Theresa Schyma, City Clerk Summary Public Works Director Kieffer will introduce new Street Maintenance Worker Charles Harris and City Attorney Cisneros will introduce new PT/Temp Executive Assistant/Deputy City Clerk Elinorah Sinyembo. Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 4 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3A. Approval of City Check Registers Prepared By Jennifer Hoffman, Accounting Manager Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: http://weblink-int/WebLink/Browse.aspx?id=1037405&dbid=0&repo=GoldenValley The check register(s) for approval: 02-07-2024 Check Register 02-14-2024 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 5 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3B.1. Approve Multi-Family Rental Property Licenses for the period of March 1, 2024 through February 28, 2025. Prepared By Jill Lund, Fire Department Administrative Assistant Jake Dashiell, Deputy Fire Marshal Summary The following multi-family rental properties are up for renewal March 1, 2024. All are on an annual March 1 renewal cycle. All have completed an annual rental inspections within the past few months, and have corrected or are in the process of correcting any issues noted during those inspections. Fees are based on participation in the Safe Tenant and Renter (STAR) Program. Staff is recommending approval of the following license renewals: Arcata Apartments - 901 Xenia Avenue South Calvary Center Apartments - 7650 Golden Valley Road Central Park West Apartments - 1511 Utica Avenue South Colonial Apartments - 5743/5745/5747 Glenwood Avenue Copacabana Apartments - 1725 Lilac Drive North Cornerstone Creek Apartments - 9280 Golden Valley Road Crosswoods Apartments - 5601 Glenwood Avenue Dover Hill - 2400 Rhode Island Avenue North Duluth Street Flats - 6150 St. Croix Avenue North Flourish Apartments - 9000 Golden Valley Road Golden Valley Road Apartments - 6200 Golden Valley Road Golden Valley Townhomes - 2120 Douglas Drive Golden Valley Townhomes - 3354 Lilac Drive Hello Apartments - 9201 Golden Valley Road Herbeck Triplex - 1510 Kelly Drive Laurel at West End Apartments - 5610 Laurel Avenue Liberty Crossing Apartments - 2450 Winnetka Avenue North Mallard Creek Apartments - 8300/8400 Golden Valley Road Medley Park Townhomes - 2343/2350/2389/2391 Mendelssohn Lane Rutter 4-Plex - 2425 Mendelssohn Lane Southwirth Apartments - 501 Theodore Wirth Parkway Talo Apartments - 5100 Wayzata Boulevard 6 The Laurel Apartments - 250 Turners Crossroad South Trentwood Apartments - 9110/9140/9200/9210/9240 Golden Valley Road Valley Creek West Apartments - 1370 Douglas Drive Valley Square Commons - 749 Winnetka Avenue North Valley View Apartments - 6533/6535/6537/6539/6541/6543 Golden Valley Road Valley Village Apartments - 600 Lilac Drive North West End Apartments - 241/251/261/271 Yosemite Circle West End Trails - 1400/1450/1500/1600 Douglas Drive Xenia Apartments - 770 Xenia Avenue South - renewal of original 134 units, remaining units contingent upon issuance of Certificate of Occupancy Legal Considerations The rental license application is in a form approved by the City Attorney. Equity Considerations The STAR Program (part of the multi-family rental licensing program) advances the City's goals and commitment to fair housing by preserving and promoting economically diverse multifamily rental housing options in our community by assisting property owners and managers in maintaining high quality multifamily rental housing in Golden Valley for households with a variety of income levels, ages, and sizes. Recommended Action Motion to authorize the renewal of multi-family rental licenses for the period of March 1, 2024 through February 28, 2025. 7 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3B.2. Gambling License Exemption and Waiver of Notice Requirement - Holy Name of Jesus Catholic School Prepared By Theresa Schyma, City Clerk Summary The Holy Name of Jesus Catholic School of Medina, has applied for a Gambling License Exemption to conduct gambling (raffle) at their upcoming fundraising event at the Golden Valley Country Club, 7001 Golden Valley Road, on April 20, 2024. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Holy Name of Jesus Catholic School of Medina for a raffle at their upcoming fundraising event at the Golden Valley Country Club on April 20, 2024. 8 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3B.3. Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Catholic Church and School Prepared By Theresa Schyma, City Clerk Summary The Good Shepherd Catholic Church and School, 145 Jersey Avenue South, has applied for a Gambling License Exemption to conduct gambling (pull-tabs) at their annual gala event at the Golden Valley Country Club, 7001 Golden Valley Road, on March 9, 2024. The organization received approval at the February 6, 2024 Council meeting to have a raffle at this same event; however, they have since decided to add pull-tabs. The addition of another form of gambling at the event does require Council approval. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Good Shepherd Catholic Church and School, 145 Jersey Avenue South, for pull- tabs at their annual gala event at the Golden Valley Country Club on March 9, 2024. 9 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3B.4. Gambling License Exemption and Waiver of Notice Requirement - PRISM Prepared By Theresa Schyma, City Clerk Summary People Responding in Social Ministry (PRISM), 1220 Zane Avenue North, has applied for a Gambling License Exemption to conduct gambling (raffle) at their upcoming fundraising event at the Metropolitan Ballroom & Club, 5418 Wayzata Boulevard, on May 9, 2024. 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 PRISM to conduct a raffle at their upcoming fundraising event at the Metropolitan Ballroom & Club, 5418 Wayzata Boulevard, on May 9, 2024. 10 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3C.1. Appointment to the Police Employment, Accountability, & Community Engagement (PEACE) Commission Prepared By Melissa Croft, Executive Assistant Summary At their February 13 special meeting, the Council interviewed Cory Salazar who is interested in serving on the PEACE Commission as an ex officio member representing Police Department staff. The Council consensus was to approve an appointment at the next regular meeting. Legal Considerations This item does not require legal review. Equity Considerations The PEACE Commission bylaws state that "In making appointments to the commission, the Council shall endeavor to maintain a membership that reflects the many different social identities represented in the City of Golden Valley, including but not limited to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, socioeconomic status, or familial status." Recommended Action Motion to appoint Cory Salazar to a vacant Police Department staff position (ex officio member) on the Police Employment, Accountability, & Community Engagement (PEACE) Commission. 11 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3C.2. Adopt Resolution No. 24-012 Approving Reappointments to the Bassett Creek Watershed Management Commission Prepared By Eric Eckman, Environmental Resources Supervisor Summary In accordance with the Joint Powers Agreement (JPA) that created the Bassett Creek Watershed Management Commission (BCWMC), every three years the City Council must appoint a Commissioner and an Alternate Commissioner to represent the City of Golden Valley on the BCWMC. The BCWMC is charged with studying, planning, and implementing projects that will improve drainage, reduce flood damage, and protect and improve the water quality of lakes, streams and wetlands in the Haha Wakpadan/Bassett Creek Watershed. The City's current Commissioner Paula Pentel and Alternate Commissioner Roxanne Biidabinokwe Gould were recently appointed by City Council in 2023 to serve the remainder of terms vacated by previous commissioners. Both commissioners are new in their roles, indicated a willingness to continue to serve, and have requested to be considered for reappointment. If approved, they would serve three-year terms ending on February 1, 2027. Financial or Budget Considerations None Legal Considerations This Resolution Approving Reappointments to the Bassett Creek Watershed Management Commission was created using an approved city template and reviewed by the Community Development Director. Equity Considerations To have inclusive and effective community engagement, it is important to build commissions that are reflective of the community we serve and that deeply understand the impact the work of the BCWMC has on the community. Paula Pentel and Roxanne Biidabinokwe Gould bring a wealth of knowledge and experience to these roles with their backgrounds as educators and their work with land use, water, environmental justice, and sustainability. Paula Pentel and Roxanne Biidabinokwe Gould are welcome additions to the BCWMC and their knowledge, lived experiences, and identities shared build upon the City's Equity Plan pillars. 12 Recommended Action Motion to adopt Resolution No. 24-012 Reappointing Paula Pentel as Commissioner and Roxanne Biidabinokwe Gould as Alternate Commissioner to the Bassett Creek Watershed Management Commission. Supporting Documents Resolution No. 24-012 Reappointing BCWMC Commissioners 13 RESOLUTION NO. 24-012 RESOLUTION REAPPOINTING PAULA PENTEL AS COMMISSIONER AND ROXANNE BIIDABINOKWE GOULD AS ALTERNATE COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the cities of Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope, Robbinsdale, Plymouth, and St. Louis Park entered into a Joint Powers Agreement (JPA) in 1968 to create the Bassett Creek Watershed Management Commission (the “BCWMC”); and WHEREAS, pursuant to section 5 of the JPA, every three years the City Council must appoint a Commissioner and Alternate Commissioner to represent the City of Golden Valley on the BCWMC; and WHEREAS,in 2023 the City Council appointedPaula Pentel and Roxanne Biidabinokwe Gould to serve the remainder of the previous terms ending February 1, 2024; and WHEREAS, Paula Pentel and Roxanne Biidabinokwe Gould expressed a willingness to continue serving in their respective roles for the three-year term ending February 1, 2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that Paula Pentel and Roxanne Biidabinokwe Gould are hereby reappointed as Commissioner and Alternate Commissioner to the Bassett Creek Watershed Management Commission. Adopted by the City Council of Golden Valley, Minnesota this 20th day of February 202 4. ____________________________ Roslyn Harmon, Mayor ATTEST: _______________________________ Theresa Schyma, City Clerk 14 EXECUTIVE SUMMARY Communications 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3D.1. Adopt Resolution No. 24-013 Accepting the In-Kind Donation of $1,450 from Stan Waldhauser Photography Prepared By Cheryl Weiler, Communications Director Summary The attached resolution is for acceptance of donations received for photography services from June 15, 2023, through Nov 8, 2023. The total for in-kind donations from Stan Waldhauser Photography is $1,450. Financial or Budget Considerations None. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to adopt Resolution No. 24-013 Accepting the In-Kind Donation of $1,450 from Stan Waldhauser Photography. Supporting Documents Stan Waldhauser Donated Photography Services 2023.pdf Resolution No. 24-013 - Photography Donation 15 Photo Photo Photo Post-Production Post-Production Post-Production Total Date Event Hours Rate Value Hours Rate Value Expenses Value Description 2023-06-15 Electric vehicles 1.5 150.00 225.00 1 75.00 75.00 300.00 2023-06-20 Council portraits 1.5 150.00 225.00 1 75.00 75.00 10.00 310.00 2(8x10) prints 2023-06-23 Water Day 1.5 150.00 225.00 1 75.00 75.00 300.00 2023-08-09 Police portraits 3 150.00 450.00 1 75.00 75.00 10.00 535.00 2(8x10) prints for Chief Green 2023-11-08 Police portraits 150.00 0.00 75.00 0.00 5.00 5.00 1(8x10) print for Chief Green TOTAL 1450.00 16 RESOLUTION NO. 24-013 RESOLUTION ACCEPTING THE IN-KIND DONATION OF $1,450 FROM STAN WALDHAUSER PHOTOGRAPY 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 or in-kind donation must be acknowledged and accepted by motion with a simple majority, and WHEREAS, the donation of professional photography services makes it possible for the City to more completely portray community life in City publications and productions. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following in- kind donations on behalf of its citizens: 11.5 hours of photography and post-production 2 8x10 prints of City Council members for display in City Hall 3 8x10 police prints for the police chief Total: $1,450 Adopted by the City Council of Golden Valley, Minnesota this 20thday of February 2024. ___________________________________________________ Roslyn Harmon, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 17 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3D.2. Adopt Resolution No. 24-014 to Apply for a Minnesota Pollution Control Agency (MPCA) Host Site for a MN GreenCorps Member Prepared By Ethan Kehrberg, Sustainability Specialist Summary Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota GreenCorps is to preserve and protect Minnesota's environment while training a new generation of environmental professionals. The program places members with host sites around the state to assist communities and local governments in addressing a variety of statewide needs. For the 2024-2025 program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting up to 58 full-time Minnesota GreenCorps members throughout Minnesota. More information is available at: https://www.pca.state.mn.us/business-with-us/minnesota-greencorps. The City has been successful applying for and hosting Minnesota GreenCorps members in the recent past. A Minnesota GreenCorps member first served at City Hall from September 2016 to August 2017 and focused on GreenStep Cities initiatives, assisted in developing the City’s Resilience & Sustainability Plan, and implementing the City’s Natural Resources Management Plan. The City also hosted Minnesota GreenCorps Members in 2019-2020, 2020-2021, 2021-2022, 2022-2023, and the current 2023-2024 term. Members worked on the City’s recycling and organics programs, energy efficiency and greenhouse gas emissions reductions, multifamily outreach and engagement, and green infrastructure improvements, among other projects. If we apply and are selected by MPCA, the Minnesota GreenCorps member would serve on a full-time basis from September 2024 to August 2025. During their service term, the member would assist the City with its sustainability and environmental justice initiatives alongside other climate change reduction items and policies. If selected as a host site, the City is required to provide in-kind support in the form of staff supervision, office space and materials, mileage reimbursement or use of a city vehicle, safety gear, and training as needed. Staff is confident that the City has the capacity and staff experience to provide the required in-kind support. A resolution of support from City Council is required as part of the application process. Financial or Budget Considerations The GreenCorps provides a stipend to the selected member and the the city is required to provide a training budget of at least $300 for the member along with a space, computer, and oversight. 18 Adequate funding for the training is available in 7303.6411 for this purpose. Legal Considerations This Resolution for the support of a grant application submittal for a MPCA GreenCorps Host Site was created using an approved city template and reviewed by the Community Development Director. Equity Considerations This item aligns with the inclusive community engagement pillar of the City's equity plan. The GreenCorps member serving with the City will be dedicated to doing outreach and education across the community, but will especially focus on engagement in environmental justice priority areas and at multifamily properties. By intentionally focusing on areas and communities that have historically been excluded or underserved, the service work of the GreenCorps member will advance equity in the city through inclusive community engagement. Recommended Action Motion to Adopt Resolution No. 24-014 Supporting Application to MPCA as a Minnesota GreenCorps Host Site. Supporting Documents Resolution 24-014 - Supporting 2024-5 GreenCorps Host Site MPCA Application 19 RESOLUTION NO. 24-014 A RESOLUTION SUPPORTING APPLICATION TO MINNESOTA POLLUTION CONTROL AGENCY FOR MINNESOTA GREENCORPS HOST SITE WHEREAS, the City of Golden Valley is eligible to apply for the placement of one Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program year (September 2024 – August 2025); and WHEREAS, the selected candidate would engage with staff, the Environmental Commission, and the community to work on sustainability and environmental justice initiatives alongside other climate change reduction items and policies during their service term; and WHEREAS, staff have reviewed all terms and conditions to apply for this funding opportunity and find them to be satisfactory. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF GOLDEN VALLEY that this Council supports the submittal of an application to the Minnesota Pollution Control Agency for the placement of one (1) Minnesota GreenCorps member at City Hall from September 2024 to August 2025. Passed by the City Council of the City of Golden Valley, Minnesota this 20th day of February, 2024. ____________________________ Roslyn Harmon, Mayor ATTEST: ____________________ Theresa Schyma, City Clerk 20 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3E. Adopt Resolution No. 24-015 Providing for the Competitive Negotiated Sale of $3,710,000 General Obligation Improvement Bonds, Series 2024A Prepared By Kyle Sawyer, Interim Finance Director Summary The proceeds of the $3,710,000 General Obligation Improvement Bonds, Series 2024A will finance the reconstruction of local streets and driveways included in the 2024 Pavement Management Program (PMP) project area. The debt service on these bonds will be paid from tax levies and special assessments levied against benefited properties. If approved, the bids will be received March 19, 2024. Council will consider those bids and award at the March 19, 2024, City Council meeting. Proceeds would be received by April 9, 2024. Financial or Budget Considerations Bond proceeds along with special assessments pay for the improvement that coincides with the 2024 PMP. The 2024-2033 Capital Improvement Program (CIP) (S-001) has $5,500,000 for the 2024 PMP. The assessment hearing included the amount for streets. Legal Considerations Kennedy and Graven, bond counsel, has written the resolution to be considered. Equity Considerations The purpose of the Pavement Management Program is to provide high quality, cost effective streets in Golden Valley. Full street reconstruction has occurred in nearly every neighborhood since 1995, and by the end of 2024, all neighborhoods will have been fully reconstructed. Recommended Action Motion to adopt Resolution No. 24-015 providing for the competitive negotiated sale of $3,710,000 General Obligation Improvement Bonds, Series 2024A. Supporting Documents Resolution No. 24-015 Sale of General Obligation Improvement Bonds Series 2024A PreSale Report 2024A 21 GL135-52-932687.v1 RESOLUTION NO. 24-015 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2024A IN THE PROPOSED AGGREGATE PRINCIPAL AMOUNT OF $3,710,000 BE IT RESOLVED by the City Council (the “Council”) of the City of Golden Valley, Minnesota (the “City”), as follows: Section 1.Bonds Authorized 1.01.It is hereby found, determined and declared that the City should issue its General Obligation Improvement Bonds (the “Bonds”) in the approximate principal amount of $3,710,000, in order to finance public improvements, including without limitation the City’s 2024 Pavement Management Program (the “Project”), including costs of issuance of the Bonds, subject to further details regarding the sale of the Bonds to be set forth in a resolution to be considered by the City Council at a subsequent meeting. 1.02.City staff are authorized and directed to take all other actions necessary to carry out the intent of this resolution. Section 2.Authority of Municipal Advisor. Ehlers and Associates, Inc. (the “Municipal Advisor”) is authorized and directed to negotiate the sale of the Bonds. The City Council will meet on Monday, March 19, 2024, or another date selected by City staff, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. Section 3.Authority of Bond Counsel. The law firm of Kennedy &Graven, Chartered, as bond counsel for the City (“Bond Counsel”), is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents, certificates, and instruments. Section 4.Covenants. In the resolution awarding the sale of the Bonds, the City Council will set forth the covenants and undertakings required by Minnesota Statutes, Chapters 429 and Minnesota Statutes, Chapter 475, as amended (collectively, the “Act”). Section 5.Official Statement. In connection with the sale of the Bonds, the officers or employees of the City are authorized and directed to cooperate with the Municipal Advisor and participate in the preparation of an official statement for the Bonds and to deliver it on behalf of the City upon its completion. Section 6.Declaration of Official Intent to Reimburse Expenditures. 6.01 The Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; the City expects to incur certain expenditures with respect to projects that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of tax-exempt bonds. 22 6.02 The City has determined to make a declaration of official intent (the “Declaration”) to reimburse certain costs with respect to the Project from proceeds of the Bonds in accordance with the Reimbursement Regulations. 6.03 All reimbursed expenditures will be capital expenditures, costs of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 6.04 This Declaration has been made not later than sixty (60) days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of the Bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5% of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20% of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 6.05 This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the Bonds described herein are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of the Bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such expenditures. 6.06 This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the City Council of Golden Valley, Minnesota, this 20th day of February 2024. ___________________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa Schyma, City Clerk 23 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN VALLEY I, the undersigned, being the duly qualified and acting Clerk of the City of Golden Valley, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City’s $3,710,000 General Obligation Improvement Bonds, Series 2024A. WITNESS my hand this _____ day of ________, 2024. Clerk 24 February 20, 2024 PRE-SALE REPORT FOR City of Golden Valley, Minnesota $3,710,000 General Obligation Improvement Bonds, Series 2024A Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, MN 55113 Advisors: Stacie Kvilvang, Senior Municipal Advisor Jason Aarsvold, Senior Municipal Advisor Dan Tienter, Municipal Advisor BUILDING COMMUNITIES. IT’S WHAT WE DO. 25 Presale Report City of Golden Valley, Minnesota February 20, 2024 Page 1 Proposed Issue: $3,710,000 General Obligation Improvement Bonds, Series 2024A Purposes: The proposed debt issue includes financing for the City’s 2024 Pavement Management Program, which consist of needed infrastructure improvements on multiple streets in the city. Debt service will be paid by special assessments and ad valorem property taxes. Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters:  429 – Improvement Bonds  475 – General Bonding Authority Because the City is assessing at least 20% of the project costs, the Bonds can be a general obligation without a referendum and will not count against the City’s debt limit. The City intends to levy a total of $830,957 in special assessments to benefitting property owners, of which $290,835 (35%) is estimated to be pre-paid (which reduces the bond issue accordingly). The remaining $540,122 of special assessments will be collected in years 2025 to 2034 at a rate of 1.5% percent over True Interest Cost (TIC) of the bonds. Annual assessments are paid on an equal principal basis. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Term/Call Feature: The Bonds are being issued for a term of 16 years. Principal on the Bonds will be due on February 1 in the years 2026 through 2040. Interest will be due every six months beginning February 1, 2025. The Bonds will be subject to prepayment at the discretion of the City on February 1, 2034 or any date thereafter. Bank Qualification: Because the City is expecting to issue no more than $10,000,000 in tax exempt debt during the calendar year, the City will be able to designate the Bonds as “bank qualified” obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. EXECUTIVE SUMMARY OF PROPOSED DEBT 26 Presale Report City of Golden Valley, Minnesota February 20, 2024 Page 2 Rating: The City’s most recent bond issues were rated by Moody’s Investors Service. The current rating on those bonds is “Aa1”. The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Basis for Recommendation: Based on your objectives, financial situation and need, risk tolerance, liquidity needs, experience with the issuance of Bonds and long-term financial capacity, as well as the tax status considerations related to the Bonds and the structure, timing and other similar matters related to the Bonds, we are recommending the issuance of Bonds as a suitable option. Method of Sale/Placement: We are recommending the Bonds be issued as municipal securities and offered through a competitive underwriting process. You will solicit competitive bids, which we will compile on your behalf, for the purchase of the Bonds from underwriters and banks. An allowance for discount bidding will be incorporated in the terms of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to reduce your borrowing amount. Premium Pricing: In some cases, investors in municipal bonds prefer “premium” pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered “reoffering premium.” The underwriter of the bonds will retain a portion of this reoffering premium as their compensation (or “discount”) but will pay the remainder of the premium to the City. The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. For this issue of Bonds we have been directed to use the net premium to reduce the size of the issue/increase the net proceeds for the project. The resulting adjustments may slightly change the true interest cost of the issue, either up or down. The amount of premium can be restricted in the bid specifications. Restrictions on premium may result in fewer bids, but may also eliminate large adjustments on the day of sale and unintended impacts with respect to debt service payment. Ehlers will identify appropriate premium restrictions for the Bonds intended to achieve the City’s objectives for this financing. 27 Presale Report City of Golden Valley, Minnesota February 20, 2024 Page 3 Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that there are no refunding opportunities at this time. We will continue to monitor the market and the call dates for the City’s outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually, as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking Board (the “MSRB”), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: The City must ensure compliance with certain sections of the Internal Revenue Code and Treasury Regulations (“Arbitrage Rules”) throughout the life of the issue to maintain the tax- exempt status of the Bonds. These Arbitrage Rules apply to amounts held in construction, escrow, reserve, debt service account(s), etc., along with related investment income on each fund/account. IRS audits will verify compliance with rebate, yield restriction and records retention requirements within the Arbitrage Rules. The City’s specific arbitrage responsibilities will be detailed in the Tax Certificate (the “Tax Compliance Document”) prepared by your Bond Attorney and provided at closing. The Bonds may qualify for one or more exception(s) to the Arbitrage Rules by meeting 1) small issuer exception, 2) spend down requirements, 3) bona fide debt service fund limits, 4) reasonable reserve requirements, 5) expenditure within an available period limitations, 6) investments yield restrictions, 7) de minimis rules, or; 8) borrower limited requirements. An Ehlers arbitrage expert will contact the City within 30 days after the sale date to review the City’s specific responsibilities for the Bonds. The City is currently receiving arbitrage services from Ehlers in relation to the Bonds. Investment of Bond Proceeds: The City has retained Ehlers to assist the City in developing a strategy to invest the Bond proceeds until the funds are needed to pay project costs. Risk Factors: Special Assessments: We have included approximately $290,835 of prepaid special assessments. If the City receives a significantly greater amount of prepaid assessments, it may need to increase the property tax levy portion of the debt service to offset lower than 28 Presale Report City of Golden Valley, Minnesota February 20, 2024 Page 4 expected interest earnings or if the City receives less prepayments, they will have to utilize other City funds to offset any shortfall needed to pay project costs. Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf. Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. For services you have not previously required, we have identified a service provider. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre-sale bond sizing includes a good faith estimate of these fees, but the final fees may vary. If you have any questions pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Counsel: Kennedy & Graven, Chartered Paying Agent: Bond Trust Services Corporation Rating Agency: Moody's Investors Service, Inc. Summary: The decisions to be made by the City Council are as follows:  Accept or modify the finance assumptions described in this report, and  Adopt the resolution attached to this report. 29 Presale Report City of Golden Valley, Minnesota February 20, 2024 Page 5 Pre-Sale Review by City Council: February 20, 2024 Distribute Official Statement: Week of February 26, 2024 Conference with Rating Agency and Due Diligence Call to Review Official Statement: Week of March 11, 2024 City Council Meeting to Award Sale of the Bonds: March 19, 2024 Estimated Closing Date: April 9, 2024 Attachments Estimated Sources and Uses of Funds Estimated Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed with Bond Sale EHLERS’ CONTACTS Stacie Kvilvang, Senior Municipal Advisor (651) 697-8506 Jason Aarsvold, Senior Municipal Advisor (651) 697-8512 Dan Tienter, Municipal Advisor (651) 697-8537 Silvia Johnson, Lead Public Finance Analyst (651) 697-8580 Alicia Gage, Senior Financial Analyst (651) 697-8551 PROPOSED DEBT ISSUANCE SCHEDULE EHLERS’ CONTACTS 30 City of Golden Valley, Minnesota $3,710,000 General Obligation Improvement Bonds, Series 2024A Assumes Current Market Aa1 Rates plus 50bps 15 Year Bonds and 10 Year Assessments Sources & Uses Dated 04/09/2024 | Delivered 04/09/2024 Sources Of Funds Par Amount of Bonds $3,710,000.00 Prepaid Assessments 290,835.00 Total Sources $4,000,835.00 Uses Of Funds Total Underwriter's Discount (1.200%)44,520.00 Costs of Issuance 61,000.00 Deposit to Project Construction Fund 3,890,882.00 Rounding Amount 4,433.00 Total Uses $4,000,835.00 Series 2024A GO Imp Bonds | SINGLE PURPOSE | 2/ 9/2024 | 12:28 PM 31 City of Golden Valley, Minnesota $3,710,000 General Obligation Improvement Bonds, Series 2024A Assumes Current Market Aa1 Rates plus 50bps 15 Year Bonds and 10 Year Assessments Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/09/2024 ----- 02/01/2025 --104,990.22 104,990.22 104,990.22 08/01/2025 --64,720.00 64,720.00 - 02/01/2026 225,000.00 3.500%64,720.00 289,720.00 354,440.00 08/01/2026 --60,782.50 60,782.50 - 02/01/2027 230,000.00 3.400%60,782.50 290,782.50 351,565.00 08/01/2027 --56,872.50 56,872.50 - 02/01/2028 235,000.00 3.250%56,872.50 291,872.50 348,745.00 08/01/2028 --53,053.75 53,053.75 - 02/01/2029 240,000.00 3.250%53,053.75 293,053.75 346,107.50 08/01/2029 --49,153.75 49,153.75 - 02/01/2030 245,000.00 3.250%49,153.75 294,153.75 343,307.50 08/01/2030 --45,172.50 45,172.50 - 02/01/2031 250,000.00 3.250%45,172.50 295,172.50 340,345.00 08/01/2031 --41,110.00 41,110.00 - 02/01/2032 255,000.00 3.300%41,110.00 296,110.00 337,220.00 08/01/2032 --36,902.50 36,902.50 - 02/01/2033 260,000.00 3.350%36,902.50 296,902.50 333,805.00 08/01/2033 --32,547.50 32,547.50 - 02/01/2034 265,000.00 3.400%32,547.50 297,547.50 330,095.00 08/01/2034 --28,042.50 28,042.50 - 02/01/2035 275,000.00 3.450%28,042.50 303,042.50 331,085.00 08/01/2035 --23,298.75 23,298.75 - 02/01/2036 230,000.00 3.550%23,298.75 253,298.75 276,597.50 08/01/2036 --19,216.25 19,216.25 - 02/01/2037 235,000.00 3.650%19,216.25 254,216.25 273,432.50 08/01/2037 --14,927.50 14,927.50 - 02/01/2038 245,000.00 3.800%14,927.50 259,927.50 274,855.00 08/01/2038 --10,272.50 10,272.50 - 02/01/2039 255,000.00 3.900%10,272.50 265,272.50 275,545.00 08/01/2039 --5,300.00 5,300.00 - 02/01/2040 265,000.00 4.000%5,300.00 270,300.00 275,600.00 Total $3,710,000.00 -$1,187,735.22 $4,897,735.22 - Yield Statistics Bond Year Dollars $33,164.22 Average Life 8.939 Years Average Coupon 3.5813752% Net Interest Cost (NIC)3.7156162% True Interest Cost (TIC)3.7281624% Bond Yield for Arbitrage Purposes 3.5645398% All Inclusive Cost (AIC)3.9569189% IRS Form 8038 Net Interest Cost 3.5813752% Weighted Average Maturity 8.939 Years Series 2024A GO Imp Bonds | SINGLE PURPOSE | 2/ 9/2024 | 12:28 PM 32 City of Golden Valley, Minnesota $3,710,000 General Obligation Improvement Bonds, Series 2024A Assumes Current Market Aa1 Rates plus 50bps 15 Year Bonds and 10 Year Assessments Debt Service Schedule Date Principal Coupon Interest Total P+I 105% of Total Assessments Levy/(Surplus) 02/01/2025 --104,990.22 104,990.22 110,239.73 -110,239.73 02/01/2026 225,000.00 3.500%129,440.00 354,440.00 372,162.00 82,098.54 290,063.46 02/01/2027 230,000.00 3.400%121,565.00 351,565.00 369,143.25 79,289.90 289,853.35 02/01/2028 235,000.00 3.250%113,745.00 348,745.00 366,182.25 76,481.28 289,700.97 02/01/2029 240,000.00 3.250%106,107.50 346,107.50 363,412.88 73,672.64 289,740.24 02/01/2030 245,000.00 3.250%98,307.50 343,307.50 360,472.88 70,864.00 289,608.88 02/01/2031 250,000.00 3.250%90,345.00 340,345.00 357,362.25 68,055.38 289,306.87 02/01/2032 255,000.00 3.300%82,220.00 337,220.00 354,081.00 65,246.74 288,834.26 02/01/2033 260,000.00 3.350%73,805.00 333,805.00 350,495.25 62,438.10 288,057.15 02/01/2034 265,000.00 3.400%65,095.00 330,095.00 346,599.75 59,629.46 286,970.29 02/01/2035 275,000.00 3.450%56,085.00 331,085.00 347,639.25 56,820.84 290,818.41 02/01/2036 230,000.00 3.550%46,597.50 276,597.50 290,427.38 -290,427.38 02/01/2037 235,000.00 3.650%38,432.50 273,432.50 287,104.13 -287,104.13 02/01/2038 245,000.00 3.800%29,855.00 274,855.00 288,597.75 -288,597.75 02/01/2039 255,000.00 3.900%20,545.00 275,545.00 289,322.25 -289,322.25 02/01/2040 265,000.00 4.000%10,600.00 275,600.00 289,380.00 -289,380.00 Total $3,710,000.00 -$1,187,735.22 $4,897,735.22 $5,142,621.98 $694,596.88 $4,448,025.10 Significant Dates Dated 4/09/2024 First Coupon Date 2/01/2025 Yield Statistics Bond Year Dollars $33,164.22 Average Life 8.939 Years Average Coupon 3.5813752% Net Interest Cost (NIC)3.7156162% True Interest Cost (TIC)3.7281624% Bond Yield for Arbitrage Purposes 3.5645398% All Inclusive Cost (AIC)3.9569189% Series 2024A GO Imp Bonds | SINGLE PURPOSE | 2/ 9/2024 | 12:28 PM 33 City of Golden Valley, Minnesota $540,122 General Obligation Improvement Bonds, Series 2024A Assessments - 10 Years TIC plus 1.50% - Equal Principal Assessments Date Principal Coupon Interest Total P+I 12/31/2025 54,012.20 5.200%28,086.34 82,098.54 12/31/2026 54,012.20 5.200%25,277.70 79,289.90 12/31/2027 54,012.20 5.200%22,469.08 76,481.28 12/31/2028 54,012.20 5.200%19,660.44 73,672.64 12/31/2029 54,012.20 5.200%16,851.80 70,864.00 12/31/2030 54,012.20 5.200%14,043.18 68,055.38 12/31/2031 54,012.20 5.200%11,234.54 65,246.74 12/31/2032 54,012.20 5.200%8,425.90 62,438.10 12/31/2033 54,012.20 5.200%5,617.26 59,629.46 12/31/2034 54,012.20 5.200%2,808.64 56,820.84 Total $540,122.00 -$154,474.88 $694,596.88 Significant Dates Filing Date 1/01/2025 First Payment Date 12/31/2025 Series 2024A GO Imp Bonds | SINGLE PURPOSE | 2/ 9/2024 | 12:29 PM 34 City of Golden Valley, Minnesota $3,710,000 General Obligation Improvement Bonds, Series 2024A Assumes Current Market Aa1 Rates plus 50bps 15 Year Bonds and 10 Year Assessments Detail Costs Of Issuance Dated 04/09/2024 | Delivered 04/09/2024 COSTS OF ISSUANCE DETAIL Municipal Advisor $31,000.00 Bond Counsel $14,000.00 Rating Agency Fee $15,000.00 Miscellaneous $1,000.00 TOTAL $61,000.00 Series 2024A GO Imp Bonds | SINGLE PURPOSE | 2/ 9/2024 | 12:28 PM 35 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3F. Adopt Resolution No. 24-016 Approving the Appointment of Election Judges and Establishment of an Absentee Ballot Board for All Elections in 2024 Prepared By Theresa Schyma, City Clerk Summary Per Minnesota Statute § 204B.21, Council approves the appointments of Election Judges and establishment of an Absentee Ballot Board for all elections in 2024 including the March 5 Presidential Nomination Primary, August 13 State Primary, and November 5 General Election. The Absentee Ballot Board at Golden Valley City Hall will have the responsibility of accepting and rejecting absentee ballots based on the criteria set in statute. 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. Election staff have compiled a list of individuals who either served as election judges in the past, expressed an interest in serving, or are City employees that may be called upon to assist with election tasks in 2024. Only those individuals who receive training will be able to serve as Election Judges. Recruitment will continue throughout 2024; therefore, the list will be adjusted and brought to Council for approval as needed. Furthermore, the City Clerk always has the authority to make any substitutions or additions as necessary to maintain the required minimum staffing levels. 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. 24-016 approving the appointment of Election Judges and establishment of an Absentee Ballot Board for all elections in 2024 including the March 5 Presidential Nomination Primary, August 13 State Primary, and November 5 General Election. Supporting Documents Resolution No. 24-016 - 2024 Election Judges and Absentee Ballot Board 36 RESOLUTION NO. 24-016 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES AND ESTABLISHING AN ABSENTEE BALLOT BOARD FOR ALL ELECTIONS IN 2024 INCLUDING THE MARCH 5 PRESIDENTIAL NOMINATION PRIMARY, AUGUST 13 STATE PRIMARY, AND NOVEMBER 5 GENERAL ELECTION WHEREAS,the City Clerk is the authorized Election Official for the City of Golden Valley; and WHEREAS, the City Clerk has submitted for approval a list of election judges (Exhibit A) to officiate at all elections in 2024 including the March 5 Presidential Nomination Primary, August 13 State Primary, and November 5 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 elections in 2024; 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 all elections in 2024 including the March 5 Presidential Nomination Primary, August 13 State Primary, and November 5 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 Golden Valley City Council on the 20th day of February 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 37 RESOLUTION NO. 24-016 EXHIBIT A Tracy Anderson Colin Bartol Calvin Bauman Roger Bergman Sarah Brady Chloe Briel Bradley Brown Mary Budner Peter Budner Elizabeth Burwell Cristin Capron White Maria Cisneros Christine Costello Melissa Croft Kyla Cromer Carol Cummins James Curme Julie Dalle Kathleen Day Daniel Decker Kay Decker Abrham Desta Cheryl Dragotis Vivian Enck Peggi Enzler Erica Fair Gretchen Felton Mary Ellen Fischenich Joan Frenz Mark Friederichs Sara Garry Celeste Gaspard Seth Gellman Dale Gerber Pierre Girard Norma Glagus Philip Gran Mary Grupa William Harwell Heather Hegi Jody Hennen Peter Hesse Jennifer Hoffman Richard Holcomb Liz Honey Antoinette Ihrke Jeanne Iverson Maria Johnson Gwen Jorgens Seth Kaempfer Jane Kocur Tracy Koski Lauri Kraft Barbara Krenn Gloria Kumagai David LaFond Barbara Leitner Beth Lilja Ethan Litman Victoria Luker Colleen Maiers Denise Mazone Sandra Mendivil Stephen Merriman Brittney Meyer Nancy Meyer Anne Mollerus Erin Nielsen Jessica Nolte Tara Olmo Bruce Osvold Dianne Osvold Thomas Parker Madeline Peters Peter Pfister John Polta Suzanne Pontinen Eleanor Radaj Susan Riley Beverly Robinson Barb Ruud Danielle Rydberg-Gates Clare Sanford Vignesh Sarathy Paul Schneck Sarah Schulte Janet Schultz William Schultz Kathleen Searls Karen Shannon Elinorah Sinyembo Holly Slocum Mary Stelzner Paul Stone Perry Strassman Hilary Toren Richard Trachy Jeffrey Tucker Barbara VanHeel Sheila Van Sloun Bernie Vrona Jacqueline Wells Roger Wentz Constance Wetzel Airrion Williams Georgeann Wobschall Roger Zierman 38 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 3G. Adopt Resolution No. 24-017 Approving a Post Issuance Debt Compliance Policy and Procedures Prepared By Kyle Sawyer, Interim Finance Director Summary The Internal Revenue Service is responsible for enforcing compliance with the Internal Revenue Code and regulations promulgated thereunder governing certain obligations. The IRS encourages issuers and beneficiaries of such obligations to adopt and implement a post issuance debt compliance policy and procedures to safeguard against post-issuance violations. Adopting the post issuance compliance policy and procedures will help ensure that all obligations of the City will be in compliance with all applicable federal regulations. Legal Considerations The post issuance compliance policy and procedures will help ensure that all obligations of the City will be in compliance with all applicable federal regulations. Equity Considerations None Recommended Action Motion to adopt Resolution No. 24-017 approving a Post Issuance Debt Compliance Policy and Procedures. Supporting Documents Resolution No. 24-017 - Post Issuance Debt Compliance Policy and Procedures Exhibit A - Post Issuance Debt Compliance Policy Exhibit B - Post Issuance Debt Compliance Procedures 39 RESOLUTION NO. 24-017 RESOLUTION ADOPTING A POST ISSUANCE DEBT COMPLIANCE POLICY AND PROCEDURES WHEREAS,the Internal Revenue Service (“IRS”) is responsible for enforcing compliance with the Internal Revenue Code and regulations promulgated thereunder governing certain obligations; and WHEREAS,the IRS encourages issuers and beneficiaries of such obligations to adopt and implement a post issuance debt compliance policy and procedures to safeguard against post-issuance violations; and WHEREAS,adopting a post issuance debt compliance policy and procedures will help ensure that all obligations of the City will be in compliance with all applicable federal regulations. NOW THEREFORE BE IT RESOLVED,that the City Council for the City of Golden Valley adopts a Post Issuance Debt Compliance Policy and Procedures attached hereto as Exhibits A and B. Adopted by the City Council of Golden Valley, Minnesota this 20th day of February, 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 40 Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, Minnesota 55113 February 20, 2024 –Resolution No. 24 -017 Exhibit A POST -ISSUANCE COMPLIANCE POLICY FOR: The City of Golden Valley, Minnesota BUILDING COMMUNITIES. IT’S WHAT WE DO. 41 The City of Golden Valley, Minnesota Post-Issuance Debt Compliance Policy The City Council (the “Council”) of the City of Golden Valley, Minnesota (the “City”) has chosen, by policy, to take steps to help ensure that all obligations will be in compliance with all applicable federal regulations. This policy may be amended, as necessary, in the future. IRS Background The Internal Revenue Service (“IRS”) is responsible for enforcing compliance with the Internal Revenue Code (the “Code”) and regulations promulgated thereunder (“Treasury Regulations”) governing certain obligations (for example: tax-exempt obligations, Build America Bonds, Recovery Zone Development Bonds and various “Tax Credit” Bonds). The IRS encourages issuers and beneficiaries of such obligations to adopt and implement a post-issuance debt compliance policy and procedures to safeguard against post-issuance violations. SEC Background The Securities and Exchange Commission (“SEC”) is responsible for enforcing compliance with its Rule 15c2-12 (the “Rule”) of the securities act. Issuers and borrowers of municipal securities (referred to as “obligated persons”) generally have a requirement to meet specific continuing disclosure standards set forth in continuing disclosure agreements (“CDA”). Unless the issuer, obligated person, or a specific obligation is exempt from compliance with CDAs, these agreements are entered into at the time of issuance to enable underwriter(s) to comply with the Rule. The Rule sets forth certain obligations of (i) underwriters to receive, review and disseminate official statements of most primary offerings of municipal securities, (ii) underwriters to obtain CDAs from issuers and other obligated persons to provide material event disclosures and annual financial information on a continuing basis, and (iii) broker-dealers to have access to such continuing disclosures in order to make recommendations of municipal securities transactions in the secondary market. The SEC encourages issuers and obligated persons adopt and implement a post-issuance debt compliance policy and procedures to safeguard against Rule violations. When obligations are issued, the CDA commits the issuer or obligated person to provide certain financial and statistical information and material event notices to the public. Issuers and other obligated persons may also choose to provide periodic, voluntary financial information and filings to investors in addition to fulfilling the specific responsibilities delineated in CDAs. It is important to note that issuers and other obligated persons should not give any one investor certain information that is not readily available to all market participants by disseminating information to the marketplace, at large. Issuers and other obligated persons should be aware that any disclosure activities determined to be “communicating to the market” can be subject to regulatory scrutiny. Post-Issuance Debt Compliance Policy Objective The City desires to monitor these obligations to ensure compliance with the IRS Code, Treasury Regulations and the SEC Rule. To help ensure compliance, the City has developed the following policy (the “Post-Issuance Debt Compliance Policy”). The Post-Issuance Debt Compliance Policy shall apply to all obligations, including bonds, notes, loans, lease purchase contracts, lines of credit, commercial paper or any other form of debt that is subject to compliance. Post-Issuance Debt Compliance Policy The Acting City Manager of the City is designated as the City’s agent who is responsible for post-issuance compliance obligations. 42 The Acting City Manager shall assemble all relevant documentation, records and activities required to ensure post- issuance debt compliance as further detailed in corresponding procedures (the “Post-Issuance Debt Compliance Procedures”). At a minimum, the Post-Issuance Debt Compliance Procedures for each qualifying obligation will address the following: 1. General Post-Issuance Compliance 2. General Recordkeeping 3. Arbitrage Yield Restriction and Rebate Recordkeeping 4. Expenditure and Asset Documentation to be Assembled and Retained 5. Miscellaneous Documentation to be Assembled and Retained 6. Additional Undertakings and Activities that Support Sections 1 through 5 above 7. Continuing Disclosure Obligations 8. Compliance with Future Requirements The Acting City Manager shall apply the Post-Issuance Debt Compliance Procedures to each qualifying obligation and maintain a record of the results. Further, the Acting City Manager will ensure that the Post-Issuance Debt Compliance Policy and Procedures are updated on a regular and as needed basis. The Acting City Manager or any other individuals responsible for assisting the Acting City Manager in maintaining records needed to ensure post-issuance debt compliance, are authorized to expend funds as needed to attend training or secure use of other educational resources for ensuring compliance such as consulting, publications, and compliance assistance. Most of the provisions of this Post-IssuanceDebt Compliance Policy are not applicable to taxable governmental obligations unless there is a reasonable possibility that the City may refund their taxable governmental obligation, in whole or in part, with the proceeds of a tax-exempt governmental obligation. If this refunding possibility exists, then the City shall treat the taxable governmental obligation as if such issue were an issue of tax-exempt governmental obligations and comply with the requirements of this Post-Issuance Debt Compliance Policy. Private Activity Bonds The City may issue tax-exempt obligations that are “private activity” bonds because either (1) the bonds finance a facility that is owned by the City but used by one or more qualified 501(c)(3) organizations, or (2) the bonds are so-called “conduit bonds”, where the proceeds are loaned to a qualified 501(c)(3) organization or another private entity that finances activities eligible for tax-exempt financing under federal law (such as certain manufacturing projects and certain affordable housing projects). Prior to the issuance of either of these types of bonds, the Acting City Manager shall take steps necessary to ensure that such obligations will remain in compliance with the requirements of this Post-Issuance Debt Compliance Policy. In a case where compliance activities are reasonably within the control of a private party (i.e., a 501(c)(3) organization or conduit borrower), the Acting City Manager may determine that all or some portion of compliance responsibilities described in this Post-Issuance Debt Compliance Policy shall be assigned to the relevant party. In the case of conduit bonds, the conduit borrower will be assigned all compliance responsibilities other than those required to be undertaken by the City under federal law. In a case where the Acting City Manager is concerned about the compliance ability of a private party, the Acting City Manager may require that a trustee or other independent third party be retained to assist 43 with record keeping for the obligation and/or that the trustee or such third party be responsible for all or some portion of the compliance responsibilities. The Acting City Manager is additionally authorized to seek the advice, as necessary, of bond counsel, disclosure counsel, and/or its financial advisor to ensure the City is in compliance with this Post-Issuance Debt Compliance Policy. Adopted this date February 20, 2024 by the City of Golden Valley, Minnesota 44 Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, Minnesota 55113 February 20, 2024 –Resolution No. 24-017 Exhibit B POST-ISSUANCE DEBT PROCEDURES FOR: The City of Golden Valley, Minnesota BUILDING COMMUNITIES. IT’S WHAT WE DO. 45 The City of Golden Valley, Minnesota Post-Issuance Debt Compliance Procedures The City Council (the “Council”) of the City of Golden Valley, Minnesota (the “City”)has adopted the attached Post- Issuance Debt Compliance Policy dated February 20, 2024. The Post-Issuance Debt Compliance Policy applies to qualifying debt obligations issued by the City. As directed by the adoption of the Post-Issuance Debt Compliance Policy, the Acting City Manager of the City will perform the following Post-Issuance Debt Compliance Procedures for all of the City’s outstanding debt. 1.General Post-Issuance Compliance a.Ensure written procedures and/or guidelines have been established for individuals to follow when more than one person is responsible for ensuring compliance with Post-Issuance Debt Compliance Procedures. b.Ensure training and/or educational resources related to post-issuance compliance have been approved and obtained. c.The Acting City Manager understands that there are options for voluntarily correcting failures to comply with post-issuance compliance requirements (e.g. as remedial actions under Section 1.141-12 of the Treasury Regulations and the ability to enter into a closing agreement under the Tax-Exempt Bonds Voluntary Closing Agreement Program described in Notice 2008-31 (the “VCAP Program”)). 2.General Recordkeeping a.Retain records and documents for the obligation and all obligations issued to refund the obligation for a period of at least seven years following the final payment of the obligation. If an obligation is refunded, then the final payment of the refunding obligation becomes the beginning of the period unless otherwise directed by the City’s bond counsel. b.Retain electronic (preferred) and/or paper versions of records and documents for the obligation. c.General records and documentation to be assembled and retained: i.Description of the purpose of the obligation (i.e. the project or projects) and the state statute authorizing the project. ii.Record of tax-exempt status or revocation of tax-exempt status, if applicable. iii.Any correspondence between the City and the Internal Revenue Service (“IRS”) and SEC. iv.Audited financial statements. v.All accounting audits of property financed by the obligation. vi.Obligation transcripts, official statements, and other offering documents of the obligation. vii.Minutes and resolutions authorizing the issuance of the obligation. viii.Certifications of the issue price of the obligation. ix.Any formal elections for the obligation (i.e. an election to employ an accounting methodology other than the specific tracing method). x.Appraisals, demand surveys, or feasibility studies for property financed by the obligation. xi.All information reports filed for the obligations. xii.All management contracts and other service agreements, research contracts, and naming rights contracts. xiii.Documents related to governmental grants associated with construction, renovation or purchase of property financed by the obligations. xiv.Reports of any prior IRS examinations of the City or the City’s obligations. xv.All correspondence related to the above (faxes, emails, or letters). 46 3. Arbitrage Yield Restriction and Rebate Recordkeeping a. Investment and arbitrage documentation to be assembled and retained: i. An accounting of all deposits, expenditures, interest income and asset balances associated with each fund established in connection with the obligations. This includes an accounting of all monies deposited to the debt service fund to make debt service payments on the obligations, regardless of the source derived. Accounting for expenditures and assets is described in further detail in Section 4. ii. Statements prepared by Trustee and/or Investment Provider. iii. Documentation of at least quarterly allocations of investments and investment earnings to each obligation. iv. Documentation for investments made with obligation proceeds such as: 1. investment contracts (i.e. guaranteed investment contracts), 2. credit enhancement transactions (i.e. obligation insurance contracts), 3. financial derivatives (e.g. swaps, caps, and collars), and 4. bidding of financial products: a. Investments acquired with obligation proceeds are purchased at fair market value (e.g. three bid safe harbor rule for open market securities needed in advance refunding escrows). b. Computations of the arbitrage yield. c. Computations of yield restriction and rebate amounts including but not limited to: i. Compliance in meeting the “Temporary Period from Yield Restriction Exception” and limiting the investment of funds after the temporary period expires. ii. Compliance in meeting the “Rebate Exception.” 1. qualifying for the “Small Issuer Exception,” 2. qualifying for a “Spending Exception,” a. 6-Month Spending Exception b. 18-Month Spending Exception c. 24-Month Spending Exception 3. qualifying for the “Bona Fide Debt Service Fund Exception,” and 4. quantifying arbitrage on all funds established in connection with the obligation in lieu of satisfying arbitrage exceptions including reserve funds and debt service funds. d. Computations of yield restriction and rebate payments. e. Timely Tax Form 8038-T filing, if applicable. i.Remit any arbitrage liability associated with the obligations to the IRS at each five-year anniversary date of the obligations, and the date in which the obligations are no longer outstanding (redemption or maturity date), whichever comes sooner, within 60 days of said date. f.Timely Tax Form 8038-R filing, if applicable. i.Remit the form after the date in which the obligations are no longer outstanding (redemption or maturity date), whichever comes sooner, within 2 years of said date. g. Procedures or guidelines for monitoring instances where compliance with applicable yield restriction requirements depends on subsequent reinvestment of obligation proceeds in lower yielding investments (e.g. reinvestment in zero coupon SLGS). 4. Expenditure and Asset Documentation to be Assembled and Retained a. Documentation of allocations of obligation proceeds to expenditures (e.g. allocation of proceeds to expenditures for the construction, renovation or purchase of facilities owned and used in the performance of exempt purposes). i.Such allocation will be done not later than the earlier of: 1. eighteen (18) months after the later of the date the expenditures are paid, or the date the projects, if any, that are financed by the obligations are placed in service; or 47 2. the date sixty (60) days after the earlier of the fifth anniversary of the issue date of the obligations, or the date sixty (60) days after the retirement of the obligations. b. Documentation of allocations of obligation proceeds to issuance costs. c. Copies of requisitions, draw schedules, draw requests, invoices, bills, and cancelled checks related to obligation proceed expenditures during the construction period. d. Copies of all contracts entered into for the construction, renovation or purchase of facilities financedwith obligation proceeds. e. Records of expenditure reimbursements incurred prior to issuing obligations for projects financed with obligation proceeds (declaration of official intent/reimbursement resolutions including all modifications). f.List of all facilities and equipment financed with obligation proceeds. g. Depreciation schedules for depreciable property financed with obligation proceeds. h. Documentation that tracks the purchase and sale of assets financed with obligation proceeds. i.Documentation of timely payment of principal and interest payments on the obligations. j.Tracking of all issue proceeds and the transfer of proceeds into the debt service fund as appropriate. k. Documentation that excess earnings from a Reserve Fund are transferred to the Debt Service Fund on an annual basis. Excess earnings are balances in a Reserve Fund that exceed the Reserve Fund requirement. 5. Miscellaneous Documentation to be Assembled and Retained a. Ensure that the projects, while the obligations are outstanding, will avoid IRS private activity concerns. b. The Acting City Manager shall monitor the use of all obligation-financed facilities in order to: i.Determine whether private business uses of obligation-financed facilities have exceeded the de minimus limits set forth in Section 141(b) of the Code as a result of: 1. sale of the facilities; 2. sale of City capacity rights; 3. leases and subleases of facilities including easements or use arrangements for areas outside the four walls (e.g. hosting of cell phone towers); 4. leasehold improvement contracts, licenses, management contracts in which the City authorizes a third party to operate a facility (e.g. cafeteria); 5. research contracts; 6. preference arrangements in which the City permits a third-party preference (e.g. parking in a public parking lot, joint ventures, limited liability companies or partnership arrangements); 7. output contracts or other contracts for use of utility facilities including contracts with large utility users; 8. development agreements which provide for guaranteed payments or property values from a developer; 9. grants or loans made to private entities including special assessment agreements; 10. naming rights agreements; and 11. any other arrangements that provide special legal entitlements to nongovernmental persons. ii.Determine whether private security or payments that exceed the de minimus limits set forth in Section 141(b) of the Code have been provided by nongovernmental persons with respect to such obligation-financed facilities. c. The Acting City Manager shall provide training and educational resources to any City staff that have the primary responsibility for the operation, maintenance, or inspection of obligation-financed facilities with regard to the limitations on the private business use of obligation-financed facilities and as to the limitations on the private security or payments with respect to obligation-financed facilities. d. The City shall undertake the following with respect to the obligations: i.An annual review of the books and records maintained by the City with respect to such obligations. 48 ii.An annual physical inspection of the facilities financed with the proceeds of such obligations, conducted by the Acting City Manager with the assistance of any City staff who have the primary responsibility for the operation, maintenance, or inspection of such obligation-financed facilities. e. Changes in the project that impact the terms or commitments of the obligation are properly documented and necessary certificates or opinions are on file. 6. Additional Undertakings and Activities that Support Sections 1 through 5 above: a. The Acting City Manager will notify the City’s bond counsel, trustee, financial advisor and arbitrage provider of any survey or inquiry by the IRS immediately upon receipt. Usually responses to IRS inquiries are due within 21 days of receipt. Such IRS responses require the review of the above-mentioned data and must be in writing. As much time as possible is helpful in preparing the response. b. The Acting City Manager will consult with the City’s bond counsel, financial advisor and arbitrage provider before engaging in post-issuance credit enhancement transactions (e.g. obligation insurance, letter of credit, or hedging transaction). c. The Acting City Manager will monitor all “qualified tax-exempt debt obligations” (often referred to as “bank qualified” obligations) within the first calendar year to determine if the limit is exceeded, and if exceeded, will address accordingly. For obligations issued during years 2009 and 2010 the limit was $30,000,000. During this period, the limit also applied to pooled financings of the governing body and provides a separate $30,000,000 for each 501 (c)(3) conduit borrower. In 2011 and thereafter it is $10,000,000 unless changed by Congress. d. Identify any post-issuance change to terms of obligations which could be treated as a current refunding of “old” obligations by “new” obligations, often referred to as a “reissuance.” e. The Acting City Manager will consult with the City’s bond counsel prior to any sale, transfer, change in use or change in users of obligation-financed property which may require “remedial action” under applicable Treasury Regulations or resolution pursuant to the VCAP Program. i.A remedial action has the effect of curing a deliberate action taken by the City which results in satisfaction of the private business test or private loan test. Remedial actions under Section 1.141- 12(d)(e) and (f) include the redemption of non-qualified obligations and/or the alternative uses of proceeds or the facility (i.e. to be used for another qualified purpose). f.The Acting City Manager will ensure that the appropriate tax formfor federal subsidy payments is prepared and filed in a timely fashion for applicable obligations (e.g. direct pay or other tax credit bonds). 7. Continuing Disclosure Obligations a. Identify personnel at the City to be responsible for compliance with continuing disclosure obligations as defined by the Rule, and any covenants of outstanding obligations, and any policies of the City. b. The personnel responsible for compliance may have the ability to assign responsibilities, delegate where appropriate or engage a dissemination agent or third-party service providers to perform all or some of the duties described in this section. The City cannot delegate its compliance responsibilities. c. The City should specify how providers or delegated authorities will be monitored and supervised. d. The City should identify the documents that set forth the respective requirements being monitored at the time of closing of each obligation. e. The City should catalog all outstanding Continuing Disclosure Agreements and other reporting requirements and establish consolidated filing requirements. f.The City should identify the frequency of the actions to be undertaken to ensure compliance, establish a system or filing alerts or reminders to administer the filing and reporting requirements. g. The Acting City Manager for compliance must be made aware of any new outstanding debt, changes to obligation or loan covenants, events of acceleration or default that would materially affect investors. h. The City should review a compliance checklist to verify compliance with CDA and other reporting requirements, at least annually, although it may be advisable to provide more frequent reviews in connection to specific material events. 49 i.The City should monitor for mandatory material events specifically identified in accordance with the Rule and file required notices within 10 days of occurrence. i.Principal and interest payment delinquencies. ii.Non-payment related defaults, if material. iii.Unscheduled draws on debt service reserves reflecting financial difficulties. iv.Unscheduled draws on credit enhancements reflecting financial difficulties. v.Substitution of credit or liquidity providers or their failure to perform. vi.Adverse tax opinion, IRS notices or material events affecting the tax status of the obligation. vii.Modifications to rights of security holders, if material. viii.Obligation calls, if material. ix.Defeasances. x.Release, substitution or sale of property securing repayment of the obligations, if material. xi.Rating Changes. xii.Bankruptcy, insolvency, receivership, or similar event of the obligated person(s). xiii.Merger, consolidation, or acquisition of the obligated person, if material. xiv.Appointment of a successor or additional trustee, or change of name of a trustee, if material. xv.Incurrence of financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material. xvi.Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City, any of which reflect financial difficulties. j.In addition to the mandatory material events, the City should review and file any additional or voluntary event notices. k. The City should maintain a catalog of all outstanding obligations whether publicly offered or privately placed, and the terms and conditions that govern default or acceleration provisions, if any. l.Any missed filing requirement should be remedied with a failure to file notice as soon as possible once the late filing is identified and the required information is available to file. m. Sensitive information such as bank accounts and wire information should be redacted from documents prior to posting on EMMA. n. The City needs to monitor for changes in law and regulations that effect continuing disclosure obligations and review disclosure policies and procedures periodically to ensure compliance and consistency with regulations and market expectations. 8.Compliance with Future Requirements a. Take measures to comply with any future requirements issued beyond the date of these Post-Issuance Debt Compliance Procedures which are essential to ensuring compliance with applicable state and federal regulations. 50 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 6A. Second Reading of Ordinance No. 779 Amending City Code Chapter 10, Article III - Shade Tree Disease and Pest Control to Discontinue Private Ash Tree Condemnation and Resolution No. 24-018 Approving Summary Publication of Ordinance No. 779 Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Tim Teynor, City Forester Summary The Department of Agriculture has classified the entire Twin Cities Metropolitan Area as heavily infested with Emerald Ash Borer (EAB) with no possibility of slowing the spread or providing a public benefit by prompt removal. Therefore, staff is proposing to amend City Code Chapter 10, Article III – Shade Tree Disease and Pest Control to discontinue private ash tree condemnation. City staff will continue to identify EAB for property owners and provide information and options to help them manage ash trees on their property. Financial or Budget Considerations There are no budgetary impacts to amending the ordinance. Legal Considerations The City Attorney has reviewed and approved the ordinance. Equity Considerations Discontinuing private ash tree condemnation allows property owners to manage their trees as time and money allows lessening the financial burden. Recommended Action Motion to adopt second reading of Ordinance No. 779 amending City Code Chapter 10, Article III - Shade Tree Disease and Pest Control to discontinue private ash tree condemnation. Motion to adopt Resolution No. 24-018 approving Summary Publication of Ordinance No. 779. Supporting Documents Ordinance No. 779 - Discontinue Private Ash Tree Condemnation Resolution No. 24-018 Summary Publication of Ordinance No. 779 51 ORDINANCE NO. 779 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 10, ARTICLE III Amendment to Sections 10.57-10.63 Regarding Shade Tree Diseases and Pest Control The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Sections 10-57-10.63 are amended hereby by changing it to read as follows: Section 10-57. Purpose. The City Council has determined that the health of the trees within the City limits is threatened by tree diseases and pests. It has further determined that the loss of trees growing upon public and private property would impair the safety, good order, general welfare, and convenience of the public and substantially depreciate the value of property within the City. It is the intention of the City Council to control and prevent the spread of these conditions, and the ordinance from which this article is derived is enacted for that purpose, and to conform to the policies and procedures embodied in Minn. Stats. Ch. 18G, as amended, and rules promulgated thereunder. Section 10-58. Tree Inspection Program. The City Manager shall designate a Tree Inspector, certified by the State Commissioner of Agriculture, who shall administer the Shade Tree Pest Control Program for Dutch elm disease, oak wilt, and other pests for the City in accordance with the City ordinances and Minn. Stats. Ch. 18G – Plant Protection and Export Certification and Minnesota Rules, Chapter 1505 – Department of Agriculture Pest and Disease Control and subsequent amendments thereto. Section 10-59. Shade Tree Nuisances Declared. The following are declared to be public nuisances whenever and wherever they may be found within the City on private and public property: (1) Any standing or living elm tree or part thereof infected to any degree with the Dutch elm disease fungus, Ophiostoma ulmi (Buisman) Nannf. and Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles, Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichoff). Any dead or dying elm tree, arising from any cause, or part thereof with bark intact including logs, branches, stumps, or firewood which has not been disposed of properly. (2) Any living or standing tree or part in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Bretziella fagacearum (Bretz) Hunt. (3) Any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected or grafted root systems. (4) Any tree or shrub on public property that in the opinion of the Tree Inspector has become or threatens to become a hazard so as to adversely affect the public health, safety or welfare. Section 10-60. Abatement. It is unlawful for any person to permit a public nuisance as defined in Section 10-59 to remain on any premises owned or controlled by that 52 Ordinance No. 779 -2-February 20, 2024 person within the City. Such nuisances may be abated in the manner prescribed by this article. Section 10-61. Inspection and Investigation. (a)Inspection.The certified Tree Inspector so designated by the City Manager shall inspect all premises and places within the City as many times as practical or necessary to determine whether any conditions described in Section 10-59 exist. The Tree Inspector shall investigate all reported incidents of infection or infestation by Dutch elm disease or elm bark beetles, oak wilt disease, other shade tree disease or pest problem, and hazardous trees and shrubs. (b)Entry Upon Private Premises.The tree inspector may enter and inspect any private or public property at any reasonable time for the purpose of carrying out the assigned duties specified under this article. Such inspections shall be preceded by a legal notice published once annually in the City's local (legal) newspaper informing all property owners within the City to destroy and dispose of tree materials declared a nuisance by Section 10-59. (c)Diagnosis.The Tree Inspector shall, upon finding indications of Dutch elm disease or oak wilt, take such appropriate steps for diagnosis, including analysis of twig samples from actively wilting branches by diagnostic laboratories capable of performing such services approved by the State Commissioner of Agriculture. Whenever possible, diagnosis will be based upon accepted field (on-site) symptoms. (d)Hazard Tree Evaluation.The tree inspector shall assess potential hazardous trees on public property according to the following guidelines as established by the State Department of Natural Resources: (1) Dead trees and branches (2) Cracks (3) Weak branch unions (4) Decay (5) Poor tree architecture (6) Root problems; and (7) Cankers. A hazard tree has a mechanical defect that is likely to cause a tree or a part thereof, to fail and said failure has the potential to adversely affect a target. A target includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection. 53 Ordinance No. 779 -3-February 20, 2024 Section 10-62. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City Tree Inspector or their agent while they are engaged in the performance of duties imposed by this article. Section 10-63. Procedure for Abatement and Removal. (a)Abatement of Shade Tree Disease Nuisances.In abating the nuisances defined in this article, the City Tree Inspector shall cause the infected tree, shrub or wood to be removed, burned, debarked, and trenched (buried) or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease or pest. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and procedures as may be established by the Commissioner of Agriculture. (b)Procedure for Removal of Infected (or Infested) Trees and Wood.Whenever the Tree Inspector finds with reasonable certainty that the infection or infestation defined in this article exists in any tree, shrub or wood in any public or private place in the City, the Inspector shall proceed as follows: If the Tree Inspector finds that danger of infestation of other trees is imminent, the property owner shall be notified by mail that the nuisance shall be abated 20 days after notification. After the expiration of the time limited by the notice, the City may abate the nuisance, the costs of which will be assessed against the benefiting property. (c)Assessment.The City may assess the charges or any portion thereof against the property involved as a special assessment under pertinent State statutes for certification to the County Auditor and collection the following year along with current taxes. Section 10-64. Transporting Infected or Infested Elm and Oak Wood Prohibited. Whenever the City Tree Inspector finds with reasonable certainty that elm and oak wood being transported in the City is infested and/or infected, and constitutes a hazard to the public, the Tree Inspector shall have the authority to prohibit such transporting. Section 10-65-10.86. Reserved. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of February, 2024. /s/ Roslyn Harmon Roslyn Harmon, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 54 RESOLUTION NO. 24-018 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 779 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 779 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 10, ARTICLE III Amendment to Sections 10.57-10.63 Regarding Shade Tree Diseases and Pest Control This is a summary of the provisions of Ordinance No. 779 which has been approved for publication by the City Council. At the February 20, 2024 City Council meeting, the Golden Valley City Council enacted Ordinance No. 779 amending City Code, Chapter 10, Article III – Shade Tree Disease and Pest Control to discontinue private ash tree condemnation. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Passed by the City Council of the City of Golden Valley, Minnesota on February 20, 2024. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 55 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 20, 2024 Agenda Item 6B. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 56 Review of Council Calendar Event Event Time Location FEBRUARY Wednesday, February 21 Special City Council Meeting (Interim City Manager Interviews)2:00 PM Brookview Wirth Lake Room Sunday, February 25 West Metro Home Remodeling Fair 10:30 AM - 3:00 PM Eisenhower Community Center1001 MN-7, Hopkins, MN Tuesday, February 27 Precinct Caucuses 7:00 PM Multiple Locations - See State Caucus Finder for info MARCH Saturday, March 2 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Tuesday, March 5 Presidential Nomination Primary 7:00 AM - 8:00 PM City Precincts/Polls Wednesday, March 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, March 7 State of the City 5:00 PM - 7:00 PM Brookview Sunday, March 10 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, March 12 Special HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, March 19 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers APRIL Tuesday, April 2 Special City Council Meeting (Commissioner Interviews) (tentative)TBD Hybrid - Council Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, April 4 Golden Valley Business Council Meeting 8:00 AM - 9:30 AM Brookview - Valley Room Wednesday, April 10 Special City Council Meeting (Commissioner Interviews) (tentative)TBD Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, April 16 Special City Council Meeting (Commissioner Interviews) (tentative)TBD Hybrid - Council Conference Room City Council Meeting 6:30 PM Hybrid - Council Conference Room Thursday, April 18 Board/Commission Recognition Dinner (tentative)5:30 PM Brookview Saturday, April 20 Run the Valley 7:45 AM - 10:00 AM Brookview Park 57