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05-11-10 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room May 11, 2010 6:30 pm 1. Receipt of Golden Valley Fire Relief Association Bylaws and Policies 2. Douglas Drive Financing and Proposed Xcel Franchise Fee 3. 2010/2011 Building Maintenance Projects 4. Structure of City Advisory Boards and Commissions Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. ate formats upon a 72-hour request. Please call -59 to make a request. Examples of alternate formats electronic, Braille, audiocassette, etc. Hey Mora u Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary Golden Valley Council/Manager Meeting May 11, 2010 Agenda Item 1. Receipt of Golden Valley Fire Relief Association Bylaws and Policies Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Golden Valley Fire Relief Association has reviewed the revised bylaws and the general membership will vote to adopt them at their June meeting. Revisions to the bylaws include statute changes, military and family medical leave. The annual lump sum pension benefit remains in the bylaws, requiring City Council approval upon Golden Valley Fire Relief Association approval. No monetary changes to the pension benefits are included in this revIsion. After the bylaws have been adopted by the Association they will placed on a City Council agenda for approval. The bylaws become effective after Council approval. Attachment Bylaws of the Golden Valley Fire Department Relief Association (9 pages) Policies of the Golden Valley Fire Department Relief Association (6 pages) Bylaws of the Golden Valley Fire Department Relief Association TABLE OF CONTENTS ARTICLE I. ASSOCIATION NAME .................................................................................................................................... Page I ARTICLE II. ASSOCIATION PURPOSE ............................................................................................................................. Page I ARTICLE III. DEFINITIONS Section 1: Member .................................................................................................................................................... ................. Page I Section II: Active Member.......................................................................................................................................... .............. Page I Section Ill: Inactive Member ................................................................................. ......... .... ............... ...... ............ .......... .......... Page I Section IV: Deferred Member ..................................................................................................................................... .............. Page I Section V: Former Member ......................................................... ........ ......................... .... ............. .... .............. .......... ............ .... Page I Section VI: Incapacitated Member ............................................................................................................................................ Page I Section VII: Disability....................................................................................................................................... ........................ Page I Section VIII: Injury ............................................................................................................................................................. ...... Page I Section IX: Illness........................................................................................................................................................ .............. Page I Section X: Fire Department....................................................................................................................................................... Page I Section XI: Notice of Meetings ................................................................................................................................................. Page I Section XII: Surviving Spouse .................................................................................................................................................. Page I Section XIII: Fiduciary Responsibility ...................................................................................................................................... Page 2 Section XIV: Beneficiary..................................................................................................................................... ...................... Page 2 Section XV: Board of Trustees .................................................................................................................................................. Page 2 Section XVI: Year of Active Service.... .............................. ...... .............................. ....................... ....................................... ...... Page 2 Section XVII: Active Service .................................................................................................................................................... Page 2 Section XVIII: Leave of Absence.................................................................................................................................... ........... Page 2 Section XIX: Trustees........................................................................................................................................ ........................ Page 2 Section x:r: Domestic Relations Order ...................................................................................... ................. ...................... ........ Page 2 ARTICLE IV. ASSOCIATION MEMBERSHIP Section I: Application for Membership................................................................................................................................ ...... Page 2 Section II: Expulsion From Membership .................................................................................................................................. Page 2 Section III: Leave of Absences or Suspensions ......................................................................................................................... Page 2 ARTICLE V. ASSOCIATION MEETINGS Section I: Meetings of the Board of Trustees............................................................................................................................. Page 2 Section II: Association Meetings ............................................................................................................................................. . Page 3 Section III: Order of Business.................................................................................................................................... ............... Page 3 Section IV: Voting ......................................................................................................................................................... ........... Page 3 Section V: Order at Meetings ............................. n..................................................................................................................... Page 3 ARTICLE VI.ASSOCIA TION MANAGEMENT Section I: Board of Trustees ................................................................................. .................................................. .............. .... Page 3 Section II: Board of Examiners.................................................................................................................................. ............... Page 4 Section III: Committees ...................................................................................................................................... ...................... Page 4 ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS Section I: Powers and Duties of the Board of Trustees ............................................................................................................. Page 4 Section II: Trustees Diligence............................................................................................................................................ ........ Page 4 Section III: Continuing Education ........................................................................................................................................... Page 4 Section IV: Duties of the President ........................................................................................................................................... Page 4 Section V: Duties of the Vice-President .................................................................................................................................... Page 4 Section VI: Duties of the Secretary ........................................................................................................................................... Page 5 Section VII. Duties of the Treasurer .......................................................................................................................................... Page 5 ARTICLE VIII.FUNDS AND ACCOUNTS Section I: Genera] Fund ................................................................................................................................................... ......... Page 5 Section II: Special Fund ............................................................................................................................................... ............. Page 5 Section III: Lines of Credit ...................................................................................................................................................... . Page 6 Section IV: Disbursement of Funds........................................................................................................................................... Page 6 Section V: Deposits ............................................................................................................................................................ ....... Page 6 ARTICLE IX.INVESTMENTS Section I: Investments ........................................................................................................................................... .................... Page 6 Section II: Investment Policy ......................................................................................................................................... .......... Page 6 Section III: State Statute Compliance ........................................................................................................................................ Page 6 ARTICLE X.APPLICA TION FOR BENEFITS Section I: Application For Benefits ........................................................................................................................................... Page 6 Section II: Determination Hearing..................................................................................................................................... ........ Page 6 Section III: Approva] of Benefits.......................................................................................................................................... ..... Page 6 Section IV: Right to Appea] the Decision ................................................................................................................................. Page 6 Section V: Intent to Appea]................................................................................................................................................... ..... Page 7 Section VI: Appea] Hearing.................................................................................................................................................... ... Page 7 ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension ........................................................................................................................................................ Page 7 Section II: Association Recommendation................................................................................................................................. . Page 8 ARTICLE XII. ANCILLARY BENEFITS Section I: Death Benefit .................................................................................................................................................. .......... Page 8 Section II: Disability Benefit ................................................................................................................................................ .... Page 8 Section III Funera] Benefit................................................................................................................................................ ....... Page 9 ARTICLE XIII.LIMITS ON BENEFITS Section I: Domestic Re]ations Order ....................................................................................................................................... Page ]0 Section II: Garnishment, Judgment or Lega] Process .............................................................................................................. Page] 0 Section III: Assignment of Payments............................................................................... ....................................................... Page ]0 Section IV: Limitations on Ancillary Benefits ........................................................................................................................ Page 10 Section V: Interna] Revenue Code Limitations....................................................................................................................... Page 10 ARTICLE XIV.BYLA W AMENDMENTS Section I: Method of Amendment ........................................................................................................................................... Page] 0 Section II: Council Approva]................................................................................................................................................... Page ] 0 Section III: Legis]ative Action ................................................................................................................................................ Page 10 ii ARTICLE I. ASSOCIA TION NAME Section 1: The name of the relief association is the Golden Valley Fire Department Relief Association. ARTICLE II. ASSOCIA TION PURPOSE Section 1: This instrument constitutes the Bylaws of the Golden Valley Fire Department Relief Association, hereinafter referred to as the "Association," adopted for the purpose of regulating and managing the internal affairs ofthe corporation and shall serve as the written pension plan for the relief association. The Association is a defined benefit plan association. The Association is a governmental entity that receives and manages public money to provide retirement benefitsfor individuals who provide or have provided the governmental services of fire fighting for the City of Golden Valley. The objectives of the plan shall be to pr<vide service pensions and ancillary benefits to the members of the Golden Valley Fire Departmert, their spouses and dependents. All benefits issued by this association shall be governed by these bylaws as well as federal and state laws. ARTICLE III. DEFINITIONS Section I: Membership - All active paid-on-call firefighters hired by the Golden Valley Fire Department for the purposes of fire suppression or the supervision of fire suppression activities. Section 11: Deferred Member - Individuals who have resigned from the Golden Valley Fire Department and are eligible for a service pension. Section 111: Former Member - Individuals who have resigned from the Golden Valley Fire Department and have collected a service pension. Section IV: Fire Department - Wherever used in these bylaws, it shall mean Fire Department of the City of Golden Valley, Minnesota. Section V: Fiduciary Responsibility - In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat S llA.09. In addition, the trustees must act in accordance with Minn. Stat. S 356A. No trustee of the Association shall cause the relief association to engage in transactions if the fiduciary knows or should know that the transaction constitutes one of the following direct or indirect transactions: A. sale, exchange or leasing of any real property between the relief association and a board member; B. lending of money or other extension of credit between the relief association and a board member of the relief association; C. furnishing of goods, services or facilities between the relief asg:,ciation and a board member; D. transfer to a board member, or for the benefit of a board member, of any assets of the relief association. Transfer of asset does not mean the payment of relief association benefits of administrative expenses permitted by law Section VI: Beneficiary - Any person or estate entitled under this plan to receive a benefit upon the death of a participant. Section VII: Disability - A physical or psychological condition which precludes an active member of the Association from performing the normal duties of a Firefighter with the Golden Valley Fire Department. Section VIII: Board of Trustees - The Board of Trustees shall be composed of nine members as specified under Minn. Stat S 424A.04. The six elected trustees are: President, Vice-President, Secretary, Treasurer and two trustees. The Mayor, the Finance Director and the Fire Chief of the City of Golden Valley shall be the e}<-officio members of the Board of Trustees. Section IX: Year of Active Service - For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Golden Valley Fire Department. Section X: Active Service - The active performance of fire suppression duties or the supervi~on of fire suppression duties. Section XI: Leave of Absence - If a member has an approved leave of absence from the Fire Department, they shallalso be considered on leave of absence from the relief association Leaves of absence include but are not limited to medical, personal or military. Section XII: Trustees - The individuals designated as such by Minn. Stat. ~ 424A.04 and by virtue of elected office, those that qualify as the ex-officio trustee. Section XIII: Domestic Relations Order - Any judgment, decree (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. ~~ 518.58,518.581, or 518.611. ARTICLE IV. MEMBERSHIP Section I: Application for Membership - All persons hired by the City of Golden Valley for fire suppression activities for the Golden Valley Fire Department are automatically included in membership in the association. Membership date shall be the date the person was placed on active duty with the fire department. Section II: Expulsion from Membership - Any member may be expelled from the Association for cause by a twothirds (2/3) vote of all members present at a regular or special meeting of the Association. Cause for expulsion may include, but shall not be limited to, failure to account for money belonging to the Association or feigning illness or injury for the purpose of defrauding the Association. An expulsion hearing before the Board of Trustees will be conducted prior to above stated Association meeting in order to allow the person involved the ability to challenge any witnesses that theBoard of Trustees may call. Written notice via registered mail will be sent to the individual at least 15 days prior to the hearing. ARTICLE V. MEETINGS Section I: Meetings of the Board of Trustees - Meetings of the Board of Trustees shall be conducted in accordance with the Association Management Policy. Section II: Association Meetings - Meetings of the Association will be conducted in accordance with the Association Management Policy. Section III: Order at Meetings - Robert's Rules of Order shall govern all deliberations of the Association. ARTICLE VI. BOARD OF TRUSTEES Section I: Board of Trustees - shall be composed of the nine members as defined in Minn Stat. ~ 424A. The six elected trustees of the Association are: President, Vice-President, Secretary, Treasurer, and two Trustees. The Mayor, Finance Director and Fire Chief of the City of Golden Valley shall be ex-officio members of the Board of Trustees with the same rights, priviltges, duties and liabilities as other members of the Board of Trustees. The elected offices shall be governed by the following: - Each elected member of the Board of Trustees shall hold office following their election for a period of two years until that person's successor has been elected. The President, Secretary, and one Trustee shall be up for election at the annual meeting held in odd numbered years and the Vice-President, Treasurer and the other Trustee shall be elected at the annual meeting held in even numbered years. The term will begin on January 1'\ following the annual meeting at which the person is elected. B. Eligibility - Each elected member of the board must be an active member of the association. The member shall be an active member of the association for a minimum of2 years prior to being elected. This requirement may be waived by a 2/3 vote of the members present at the election. An elected member may be allowed to serve while out on injury/illness leave, from the Golden Valley Fire Department, not to exceed 6 months without review by the Board of Trustees. C. Vacancies - Vacancies due to resignation, removal or termination in any elected office of the Board of Trustees shall be filled by an election held at either a regular or special meeting of the Association. The individual elected to fill the vacancy shall serve only the remaining term of the position vacated and their term begins immediately upon election D. Removals - An elected member of the Board of Trustees is automatically rerroved from the elected position upon resignation, termination or leave of absence from the Fire Department (medical leaves of absence are not included). Any elected member may be removed for cause at a hearing to take place at a regular or special meeting of the Board of Trustees. No elected 2 member shall be removed unless written notice ofthe meeting has been posted listing the reason for removal and a copy of the notice has been sent by certified mail to the member to be removed. A simple majority of m\IDbers present at the removal hearing must vote in favor of removal in order for the elected member to be removed. When a member has been removed, and election will be held at the next regularly scheduled general membership meeting to fill the vacant positon for the remaining term. Cause for removal shall include, but not be limited to, fraud, dishonesty, incompetence or failure to perfom duties as they relate to the position, or failure to attend a minimum of nine (9) Board of Trustees regular meetings. E. Compensation of Elected Members - Compensation for the elected members of the Board of Trustees is detailed in the Board Member and Trustee Policy. F. Board member position descriptions - Position descriptions and responsibilities are detailed in the Board Member and Trustee Policy. Section II: External Examiner- At the discretion of the Board of Trustee's the Association may seek outside professionals including but not limited to legal, medical or financial professionals as necessary to validate claims orprovide opinions for the Association. Section III: Committees - The President may appoint any committees necessary for the successful operation of this association. ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS Section 1: Powers and Duties of the Board of Trustees - The Board of Trustees shall have exclusive control and management of all property and funds of the Association, from whatever source derived, and shall constitute the governing body of the Associatlim with full power and authority to carry out the objectives and purpose of the Association as set forth in the Articles of Incorporation, these Bylaws and the laws of the State of Minnesota. Section II: Trustees Diligence - Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Section Ill: Continuing Education - The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. The annual level for this requirement will be assigned in the Board Member and Trustee Policy. Section IV: Duties of the President, Vice-President, Secretary, Treasurer and Trustees shall be defined in the Board Member and Trustee Policy ARTICLE VIII. FUNDS AND ACCOUNTS Section I: General Fund - The funds received by the Association from dues, fines, fund raisers and other mi~ellaneous sources shall be kept in a general fund on the books of the Treasurer and may be distributed by the Association for any purpose reasOllably suited to the welfare of the Association or its members as governed by the laws of the State of Minnesota.Moneys in the General Fund shall be disbursed upon the approval of a simple majority of members present at either a General Membership meeting or a Board of Trustees meeting. All disbursements from the General fund will be for activities and/or expenses ",proved by the General membership. Section II: Special Fund - All funds received by this Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city pursuant to law providing for municipal SUJ1Dort for the relief association, any moneys or property donated, given, granted or devised excluding fund raiser proceeds, by any person which is specified for the use vr the support of the Special Fund, and any interest earned on the assets of the Specid Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the Treasurer knownas the Special Fund and shall be disbursed only for the following purposes: A. Payment of members' service pension benefits in accordance with these bylaws; B. Payment of ancillary benefits in accordance with these bylaws; C. Administrative expenses as limited by Minn. Stat. 969.80. All other expenses of the Association shall be paid out of de General Fund. Section Ill: Lines of Credit - The Board of Trustees may as deemed necessary, open lines of credit for the purchase of various items as approved by the General Membership. 3 Section IV: Disbursement of Funds - No disbursements from the funds of the Association shall be made except on signed authorization of any two of the following elected members of the Board of Trustees: President, Vice President, Secretary, Treasurer. The exact amount of any disbursement must be authorized by a simple ma'prity of members present at either a General Membership meeting or a Board of Trustees meeting. Section V: Deposits - All moneys belonging to the Association shall be deposited to the credit of the association into accounts set up at the depository of record. The depository of record shall be determined at the annual meeting of the Board of Trustees and record of the depository shall be documented in the Association Management Policy. The Board of Trustees shall make deposits in conformance with State Slatutes, these bylaws the Association Management Policy and the Investment policy. ARTICLE IX. INVESTMENTS Section I: Investments - It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the funds of the Association. The investments of the funds ofthe Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws and the investment policy. Section II: Investment Policy - The Board of Trustees shall adopt a written Investment policy each year. Section III: State Statute Compliance - The Board of Trustees shall comply with Minn Stat. S 356A.06, Subdivision. 8b that requires the relief association to provide annually to any brokers a writen statement of investment restrictions pursuant to statute of the investment policy that applies to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Association shall acknowledg~ in writing annually the receipt of the investment restrictions. The acknowledgment shall contain a statement of the broker's agreement to handle the Association's investments pursuant to to written restrictions. ARTICLE X. APPLICATION FOR BENEFITS Section I: Application For Benefits - All applications for Association benefits must be made in writing on forms provided by the Secretary. All applications shall be submitted to a member of the Board of Trustees for action. Section II: Approval of Benefits - No application shall be acted upon until all the necessary forms and information have been provided to the Board of Trustees. It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board ofTrustees not to approve the application if any of the eligibility requirements are not met. Section III: Right to Appeal Decision - In the event that the Board of Trustees denies an application for a service or ancillary pension the applicant has the right to appeal the board decision. ARTICLE XI. RETIREMENT BENEFIT Section I: Service Pension - An active member of the Association who leaves active duty with tre Fire Department is eligible to collect a lump sum service pension subject to the following: A. Eligibility requirements: 1. Have left active service with the Golden Valley Fire Department; 2. Have completed at least 10 years of active service with the Fire Depaiment before leaving; and 3. Have been a member of the Association in good standing at least 10 years prior to leaving the Fire Department. B. Amount of Benefit - Each applicant shall be eligible for a service pension of $6,700.00 per full year of active service as a Firefighter with the Fire Department. C. Early Vesting Provision - In the event a member with ten years or more, but less than twenty years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by four (4) percent per year for each year less than 20. The following table shall be used to determine the pension amount, less any accrued interest: 4 Completed Years of Service 10 11 12 13 14 15 16 17 18 19 20 More than 20 Early Vesting Reduction 40 percent 36 percent 32 percent 28 percent 24 percent 20 percent 16 percent 12 percent 8 percent 4 percent none none Pension Amount $40,200 $47,168 $54,672 $62,712 $71,288 $80,400 $90,048 $100,232 $110,952 $122,208 $134,000 $6,700 per year add D. Minimum age requirement- No service pension shall be paid to any member urtil they reach 50 years of age. E. Deferred Retirement Benefit - Any active member of the Association who leaves active duty with the Fire Department and is eligible for a service pension, but has not reached the age of 50, will be placed on a deferred pension list until the time hat the member submits an application for the pension F. Return to Service - If a retired firefighter, who is on the deferred list, should return to active service, (they are deemed qualified and subsequently hired by the fire department) they shall serve(5) years before qualifying for the current benefit level. The five year period must be completed prior to their subsequent retirement. If the deferred member fails to complee the (5) years, any time they serve will be added to their previous active servia:: time and their pension amount will be calculated based on the pension amount in effect when they originally left active service. Any additional service, will be credited ifit is consistent with the rules for accruing time in the Bylaws. The deferred rrember shall be informed of their specific requirement prior to their re-hiring on the fire department. G. Post-Payout Return to Service - If a member has received a retirement distribution and should return to service, (they are deemed qualified and subsequently hired by the fire department) they will be treated as a new member and will begin accruing time anew. In no eventwill a member receive duplicate benefits for the same time period of service. H. Interest on the Deferred Retirement Benefit - Interest shall be added to the deferred benefit amount, compounded annually, at a rate equal to the actual time weighted total rate of return ofthe fund as set by the board of trustees under Minn. Stat.~ 356.219, up to 5%, and applied consistently for all deferred service pensioners. Interest will not accrue for any year in which the member reaches the age of 50 or thereafter. I. Supplemental Retirement Benefit - Pursuant to Minn. Stat. ~ 424A.l 0, all retirees shall be paid a supplemental benefit in the amount of 10% of his or her service pension amount, not to exceed $1,000.00. This benefit shall be paid at the same time as the retirement benefit. In the event that Minn. Stat. ~ 424A.l 0 is amended or repealed, this benefit shall be amended or discontinue as per state statute. Section II: Association Recommendation - Because of the varying circumstances in each member's retirement planning, the Association strongly recommends consultation with a tax consultant, insurance and/or estate planner or an attorney before requesting payment of their service pension. ARTICLE XII. ANCILLARY BENEFITS Section 1: Death Benefit - Upon the death of an active member, the association shall pay to the surviving spouse and surviving children. If there is no surviving spouse or survivng children the benefit is paid to the designated beneficiary. If there is no designated beneficiary, the death benefit shall be paid to the estate of the deceased active or deferred firefighter. They shall be paid equal to the current yearly lump sum se:vice pension rate multiplied by the number of years of active service. The minimum benefit shall be equal to five (5) times the current yearly lump sum service pension rate and without regard to the vesting schedule. Deferred members shall be paid an amount equal to their current deferred pension amount. Section II: Permanent Disability Benefits - A member who is permanently disabled shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. 1. Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pensim and survivor's benefit. 2. Disability defined: see Article III - Definitions. 3. Documentation Required - No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor of the member's choice. This report shall set forth the diagnosis and prognosis of the disability, disease IT injury of the member. Each such document shall be filed with the Association. 5 4. Procedure - All applications for disability benefits shall be made within 30 days after such applicant has ceased to be an active member of the Golden Valley Fire Department. Written application shall be made to the Board setting out the nature and cause of such disability as described above. It is recommended that the applicant may be examined by a physician, surgeon or chiropractor of the member's choice. The physician or chircpractor shall submit a written opinion concerning the diagnosis and prognosis of the applicant's disability and its probable date of onset and the probable duration of permanence. The Board of Trustees hasthe discretion to request that another doctor, selected by the Board, examine the applicant. Final determination of disability will be based on the reports of at least one doctor and by a 2/3 majority vote of a quorum of the Board of Trustees present at the subsequent association meeting. 5. An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicant's statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in thissection. 6. Disability Amount - Amount of the disability shall depend on the cause of the disability. If the disability is directly related to duties performed while on duty as a paid, on call Firefighter with the City of Golden Valley or while performing duties relatd to an approved association activity, the disability amount shall be an amount equal to his/her full years of service multiplieroy the current yearly lump sum service pension rate as specified in Article XI of these B)iaws and paid without regard to vesting If the disability is not directly related to duties performed while on duty as a paid, on call Firefighter with the City of Golden \alley or while performing duties related to an approved association activity, the disability amount shall be an amount eq1a1 to his/her full years of service multiplied by the current yearly lump sum service pension rate as specified in Article XI of these Bjaws, reduced by four (4) percent per year for each year less than 20. The minimum amount payable shall be tw<.\2) times the yearly lump sum service pension rate. The following table shall be used to determine the final disability pension amount: Completed Years of Service 5 or less 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 or more Early Vesting Reduction 60 percent 56 percent 52 percent 48 percent 44 percent 40 percent 36 percent 32 percent 28 percent 24 percent 20 percent 16 percent 12 percent 8 percent 4 percent none ARTICLE XIII. LIMITS ON BENEFITS Section I: Domestic Relations Order - A qualified domestic relations or domestic relations order shall be accepted by the plan administrator ifin compliance with state and federal law. A distribution made pursuant to a domestic relations ordershall be treated as made pursuant to qualified domestic relations order as specified by I.R.C. 414(p) (11), as amended. No benefits ffiall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any opton, not otherwise provided under the Plan or under state law. Section II: Garnishment, Judgment or Legal Process- No service pension or ancillary benefits paid or payable from the special fund of a relief association to any person receiving or entitled b receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution, or other legal process, except as provided in section 518.58, 518.581 or 518.611. Section III: Assignments of Payments - No person entitled to a service pension or ancillary benefit from the special fund of a relief association may assign any service pension or ancillary benefit payments, nor shall the association have the authority to reognize any assignment or pay over any sum which has been assigned 6 Section IV: Limitations on Ancillary Benefits - Following the receipt of a lump sum service pension benefit or being placed on the deferred pension list, neither a member's surviving spous~ children, designated beneficiary or estate is entitled to any other or further financial relief or benefits from the Association. Section V: Internal Revenue Code Limitations - No provision which places limits on benefits as contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan particilxmts cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may subsequently be amended. ARTICLE XIV. BYLA W AMENDMENTS Section I: Method of Amendment- All amendments to these bylaws shall be proposed by a resoh.tion adopted by the Board of Trustees setting forth the proposed amendments and direction that they should be submitted for adoption at a meeting of the Association. Notice of the meeting shall state the purpose and be given to each member eligible to voteon the amendments. All amendments must be approved by a two-thirds (2/3) vote of all members present at a regular or special meeting of the Association. Section II: Council Approval- When required by Minnesota State Statutes or the Board of Trustees, no bylaws or amendments of the bylaws shall be effective until approved by the governing body of the City of Golden Valley. Section III: Legislative Action - In the event that an amendment exceeds the authority granted this Association by Minnesota Statutes, such amendments will not be effective until approved by legislative action. 7 Policies of the Golden Valley Fire Department Relief Association ASSOCIA nON MANAGEMENT POLICY I. Meetings A. Meetings of the Golden Valley Fire Relief Association (the association) and its Board of Trustees (the board) shall be conducted in compliance with the State of Minnesota Open Meeting Law and as follows: 1. Notification of Members - Members shall be notified of meetings in accordance with the Minnesota Open Meeting laws as follows: posting at each fire station, use of the City of Golden Valley voice mail system or via email distribution. These methods constitute adequate notice. 2. Regular Meetings - Regular meetings of the board or the association shall be held on the day fixed by the board at its annual meeting. 3. Special Meetings - Special meetings may be called by the President of the association at any regular meeting of the board or at any regular meeting of the association. In addition, any two members of the board may calla special meeting by submitting written notice to the Secretary, who shall thereupon give notice to all members, at least one day before the meeting, of the time and place of the meeting. 3. Annual Meeting - The annual meeting of the association shall be held on the date set by the board within the City of Golden Valley subject to notification of all members. The newly elected board shall meet immediately following the association's annual meeting to set the regular meeting dates for the upcoming year. Any other business that needs to be addressed may also be conducted at this meeting. 4. Meeting Location - the board shall designate the location for any board and association meetings at its annual meeting and post notification to all members. Any meeting of the board or the association shall be within the City of Golden Valley. Any change to the posted meeting schedule or meeting location requires communication to all interested parties. 5. Quorum - 5 members of the board shall constitute a quorum for a board meeting and 19 members of the association shall constitute a quorum for a general membership meeting. 6. Order of Business - The agenda for general meetings of the association shall be determined prior to the meeting and posted at all Golden Valley Fire Stations at least one week prior to the meeting. The agenda may be modified if necessary. 7. Voting - Each member shall be entitled to one vote on any matter voted upon by the membership. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If the officer in charge of the vote is unable to determine a majority by this means, a show of hands will be conducted. Paper ballots will be used in the case of election votes and shall be destroyed following the vote. Roll call votes will not be conducted. Voting by proxy is not permitted. B. Depository of Record - All monies belonging to the association shall be deposited to the appropriate account at the depository of record. The depository of record shall be determined annually by the board. The board shall make deposits in accordance with State Statutes, the bylaws and the Investment Policy. The Current Depository of Record is: Wells Fargo I. General Board Duties. BOARD MEMBER AND TRUSTEE POLICY Expectations of all board members include: . Attend all meetings of the Golden Valley Fire Relief Association (the association). . Serve on active committees (e.g. bylaw revision, street dance, Old #1) as appropriate. . Consult with other relief associations, groups, industry professionals and state fire association members to foster relationships and maintain awareness of relief association related activities and concerns. . Assist with budget preparation. . Research policies and statutes as required. . Attend continuing education in accordance with this policy. . Serve as a fiduciary of the association and its members to ensure valid appropriation of monies in accordance with state statutes. II. Position Descriptions: 1. Duties of the President are: . Maintain general supervision of the association and Board of Trustees (board). . Facilitate board and general membership meetings. . Work with board to determine and review relief association mission and vision. . Maintain association and board calendar. . Regularly review operating documents including, but not limited to bylaws and policies. . Act as steward and liaison for the association as follows: o Keep city leaders abreast of the association's status with regard to financial, economic and any other relevant activity. o Lead efforts for community visibility when necessary. o Regularly review pension funding level (goal of annual increases). o Lead efforts to work with external professionals on investment decisions. Responsible for general fund, fundraising activities. Show constant regard and assurance that the best interest of the general membership is being served. Promote association camaraderie. Oversight of general fund budget planning. Oversight of payments to budgeted and external entities. Co-signer on payments. . . . . . . 2. . . . . 3. . . . Duties of the Vice-President are: Performs the duties of The President during absence, vacancy or until a successor is elected. Provides assistance to The President as needed for execution of association activities. Coordinates and organizes all fundraising events, public relations and social events that the association may participate in. Assist in any other administrative duties of the board. Duties of the Secretary are: Publish notice of all meetings of the association in accordance with the open meeting law. Write, publish, distribute, and keep records of all meeting minutes of the association. Maintain all necessary association records and rosters, including: o Member Roster o Economic Interest Statement list o Committee Members o Continuing Education Records for board members o Supplemental beneficiary information for association members . Develop and assist with conducting association orientation for new members. 2 4. Duties of the Treasurer are: . Manage, control and report on all cash flows in and out of the accounts of the association. Transaction records should include the source, recipient, amount, date of transaction, any other information deemed necessary. These records will be maintained under the direction of the city finance director and in accordance with generally accepted accounting principals. . Reconcile and report on the association accounts. . Assist the President to inform and educate city officials on audit and financial positions that involve the city. . Prepare and ensure submittal offederal tax related forms (l099-R, 1099-Misc, 945, Tax returns). . Fulfill requests of the city's external audit firm to complete an annual audit of the association. . Act as liaison for the association with external entities including: o Office of the State Auditor o City Attorney regarding pension and bylaw issues o Investment professionals o Legislative representatives o Financial institutions . Keep and maintain records of current, deferred and retired firefighter's pension calculations and distributions. . Deposit contributions and pay bills for the association in accordance with the budget and association electives. . Prepare and submit state required forms (Schedule I & II, RF, SID, SBR). . Calculate and coordinate pension and permanent disability distributions. . Prepare a detailed annual report to the State of Minnesota in accordance with MN Statute.... This report shall be in accordance with generally accepted accounting principals. 5. Duties of the (2) at large Trustees: . Assist board members in their duties if requested. . Represent association as a whole and vote in the interest of all. . Assist in development of association operational processes. . Learn the roles and duties of board officers with the intention of achieving higher office. III. Continuing Education. Pursuant to Minnesota Statute S 356A.13, board members are required to "make a reasonable effort to obtain knowledge and skills sufficient to enable the fiduciary activities adequately..." The association has adopted the following number of hours for minimum, annual continuing education requirement: 4 Hours IV. Bonding. Pursuant to Minnesota Statute S 69.051, Subd. 3, the Treasurer shall file a good and sufficient bond with the Board of Trustees. The amount of the bond will be equal to at least 10% of the assets of the Association; however, the amount of the bond need not exceed $500,000.00. 3 V. Trustee Compensation. Compensation for the elected members of the board is as follows: 1. Compensation for the President, Vice-President, Secretary and Treasurer shall be based on the amount of time served as a member of the board. Compensation levels are: Time Served o - 24 Months 25 - 48 Months 49 - 72 Months 73 - 96 Months 97 - 120 Months over 120 Months Yearly Compensation $1,500.00 $1,800.00 $2,100.00 $2,400.00 $2,700.00 $3,000.00 Compensation will be paid quarterly from the Special Fund. 2. Compensation for the General Trustees shall be paid out of the general fund and their compensation rate shall be re-evaluated as needed. Any time served as a general trustee will count as service time should the trustee seek a higher board position (see 1. above). 4 INVESTMENT POLICY I. PURPOSE 4. This Investment Policy is to articulate a philosophy which will guide the investment management of the Special Fund towards the desired results. This policy will be established by the Golden Valley Fire Relief Association (the Association) Board of Trustees (the Board), the Association Membership and City of Golden Valley Administration. This policy will provide guidance in making asset allocation and specific investment decisions and will establish a basis for evaluating investment results. It would be prudent for the Board, when implementing this policy, to seek outside professional investment advice. II. FUND OBJECTIVE A. The Special Fund, as designated by Minnesota State Statute 424A.05, exists to provide retirement benefits to firefighters who meet all qualifications as designated in the bylaws and separate from the Golden Valley Fire Department. It is the intent of the Association to systematically increase the retirement benefit payable to retirees. The timing and amount of these benefit increases will be a reflection of inflation and investment performance over time. 5. Benefit Increases will be pursued under the following conditions: o The Special Fund will maintain a funding level of95% or greater. o Benefit increases will be funded through investment gains and state-aid funds, and not through city contributions whenever possible. C. The targeted annual benefit increase for retirees with twenty years of service is 3-5%. III. INVESTMENT OBJECTIVE A. It is understood that portfolio performance will fluctuate from year to year. Over time, however, the portfolio needs to earn 5% annually in order to keep pace with actuarial assumptions, and must earn greater than 5% annually to justify benefit increases. At the same time, preservation of capital and minimization of risk of substantial losses in down markets is also required. B. An investment mix will be chosen that simultaneously provides growth potential and limits the risk of market loss. The allocation of the portfolio will be reviewed at least annually and more often if necessary. The portfolio performance will be evaluated based on actual market returns over the previous one, three and five year periods with the expectation that over long periods of time the portfolio will achieve returns sufficient to fund the targeted benefit increases. An effort will also be made to assure that the portfolio is not taking more investment risk than necessary to achieve the desired returns. 5 RECOGNITION AND FLOWER POLICY I. SERVICE AWARDS Service Awards for Golden Valley Fire Relief Association Members will be Administered as follows I.) Gift of a watch for those reaching 10 years of service. 2.) Gift of a ring up to $650 in value for fully vested 20 year members. The Board will contact each member upon reaching 20 years to place the order. 3.) No substitutions are allowed 4.) Additional gifts or other years of service recognition at significant career milestones, if any, will come from the Fire Dept. Chief. 5.) All active members with over 20 years of service will receive their ring upon retirement. II. FLOWERS Purpose: To establish a uniform policy for the purchase of flowers for members and their families. Policy: Provided the member notifies the Relief Association board or the Fire Department Administrative Assistant, flowers will be sent in the following circumstances: Iniury or illness Member Spouse Minor Death Member Children (if member still living) Parent's death Baby Member & Spouse Flowers may be sent to other individuals at the President's discretion. 6 alley emorandu Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting May 11, 2010 Agenda Item 2. Discussion regarding Douglas Drive Financing and Proposed Xcel Franchise Fee Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary At the January 5,2010 City Council meeting, the Council formally authorized the Mayor to request that the Douglas Drive Project (TH 55 to Medicine Lake Road) be placed in the Hennepin County Capital Improvement Plan for right-of-way acquisition in 2015 and construction in 2016. The estimated cost of the project is $20,327,500. The City's portion of the project cost is estimated at $9,711,400. In general terms, Golden Valley is responsible for paying for all improvements associated with city-owned utilities and lighting. The City and Hennepin County will share the cost of design, relocating the overhead utilities underground, street reconstruction, right-of-way, and landscaping. The City has received notice from Transit for Livable Communities of an award in the amount $1,050,000. The City is proposing to utilize this funding for design and right-of-way acquisition. Staff is in the process of developing the Project Memorandum and Scope of Work for professional engineering services. Upon authorization from the Minnesota Department of Transportation, staff will proceed with the consultant selection process. At this time, staff would also like the Council to consider means and methods to fund the City's portion of the Douglas Drive project. An option for funding the city's portion of the project is a franchise fee. Xcel Energy recommends that the franchise fee, if imposed, be assessed as an account-based fee. Based on a model provided by Xcel Energy, the following rate schedule, if adopted, could provide the City with approximately $630,000 in annual revenue. While the model needs to be verified with Xcel Energy, the rate schedule is estimated as follows: Customer Class Equivalent Monthly Flat Fee Residential $3.50 Small C&I - Non-Demand $7.50 Small C&I - Demand $15.00 Large C&I (> 1 Mw) $100.00 While there are other potential funding sources available to consider, such as special assessments to benefitting property owners and city utility funds, the franchise fee appears to be the most probable source of funding for the project. Recommended Action Staff requests direction on whether or not to proceed with a franchise fee to fund a portion of the Douglas Drive project. alley m n m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary Golden Valley Council/Manager Meeting May 11,2010 Agenda Item 3. 2010/2011 Building Maintenance Capital Improvement Plan Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary The City completed a facility analysis in November 2006. The report investigated the physical and programmatic conditions and deficiencies evident in eleven City buildings. The analysis explored conditions and deficiencies in the following areas including site, exterior, interior, accessibility, life safety, mechanical systems, electrical systems, hazardous materials, programs, technology, and expandability. Attached is a summary of the assessment, which prioritizes the improvements. The City has used the analysis to plan and implement maintenance projects primarily related to building exteriors, life safety, ADA, and site. Some of the building capital improvement projects that have been accomplished since the analysis was completed include roof replacement, window repair/replacement, tuck-pointing, HVAC replacement, audio and visual, fire alarm notification improvements, and ADA signage. Staff is currently requesting a proposal from Environmental Process, Inc. to develop plans and specifications for the 2010 building capital improvement projects. The 2010/2011 projects will primarily focus on building exterior repairs which will include tuck-pointing, caulking, brick, window, and joint repair. In addition to building repairs, the 2010 project list includes energy efficient lighting retrofits in the vehicle, parks, and golf maintenance buildings. The City has been awarded a grant in the amount of $19,575.00 to complete two of the three buildings scheduled for lighting. The building capital improvement plan schedule for the 2010/11 repairs include Vehicle Maintenance, Street/Park Maintenance, Community Center/Golf Operations, City Hall, and Public Safety. Attachments Summary of 2010 Building Maintenance Prioritization, Environmental Process, Inc., January 12, 2010 (11 pages) 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS Building City Hall Category Community center Fire Station #2 fire' Station #3 Golf Maintenance Public Safety ---'---'- ~ParK L -.:aintenance Utility Departrrient \I~l1iCi9'.Malntenance n. n' ., I~aienouseana . Aillmilllntpaund :nvironmental Process, Inc. 715 Florida Ave. S., Suite 111 30lden Valley, 'MN 55426 CITY OF GOLDEN VALLEY Summary - Per Building Analysis Item Description Work Completed 2008 2009 $256,196.00 $111,309,00 $54,700.00 $2,750.00 $22,775.00 $63,250;00 $3,100.00 I $250,001~600.00 ~ - .. .. $770,466.00 I $254,975.00. Total 2010 $18,000.00 EPI NO. 09-090A January 12, 2010 2011 2012 $101,500.00 . $195,450.00 2010-2014 Total $737,300.00 Future $748,3oo.Qo 2013 . $396,400.00 2014 $25,950.00. $69,250.00 $68,750.00 I $211,500.00 $7,900.00 $3150.00 $90,610;00 I $250.00., $134;90iMO ::::::::::1..... ...................... - $7.500.00 $494,280.00 $75,500.00 $139,900.00 $37,050.00 $532,700.00 $363,600.00 $:36,400.00 $68,552.00 $182,102.00 $333,650.00 $7,500:00 $10,795.00 $18,645.00 $237,050.00 .,$132,400.00 .$210;860:00 .$225;800:00 $427.~$2,49$.144:o0~~56o.oo $t14,032;00 $315;700.00 $300:001 $350;502.00 h_. ".' P.. $~2;5bo.oo . . ,$3;9$0:00' -~'~ '.'1 ........l:..................~ $460;0150.00. I - I 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY City Hall- Summary EPI NO. 09-090A January 12, 2010 Work Completed 2010-2014 Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $750.00 $18,000.00 $18,000.00 ADA Upgrades $2,950.00 $2,550.00 $60,450.00 $60,450.00 Emergency Alarms/Lights $3,800.00 $1,400.00 $1,400.00 City Building Security System $0.00 $50,000.00 Building Exterior/Site Maintenance $233,100.00 $51,500.00. .. $51,500.00 General Interior Repairs $7,700,00 $7,700,00 CarpetHeplacement $50,000.00 $50.000,00 $80;000,00 $180,000.00 Floor Tile Repairs/Replacement $1.750.00 $0.00 .. - , . cellingTile Repalrs/Replaceitrent $8413.00 '.. 1 $0.00 $72,800.00 Interior Painting .. '.. : . $18,250.00 $18,2;;0.00 Upgrade'i6 Sti'eet::Deparin'i!}nt..btiioe Ateils .. .. .. . .... ... :' .. ;$0,00 Ptlbilc.'!'orksOfficsSllace: RelTiqdeling .. .... $85;POO;OP' ..:' .... $85;000,00 Emerg!}ncy GeOQrat6F '. . :.. .. $93,750:00 .. .' .. '.' .. .: I.... $0:00 . Roo! ReplljCernen!.. .. .. ... .:. .::: ... -- ....:......:........... .... .. .... ..:......:.. [::..':....... :$0.00 .' ParkirigLot"sphaft'.Re'lllaCemenllCihlp'Seal .. . ... .. .. '. . .' $3Hl;pOO;OO. ,'.' . .. '. ......$3.15;000.00 $$0,000.00 Ttirnt~eestShrtl~s. . '. ..', ...... "i. .$0:00 I. .... i .. .. .... Mechll{lICliI systems. '. $13.000.00 $15,000:00 .... ':. i...... .. . .. '. .$0:00 $554,500.00 .. ,.. .. ~lectiiciilSysterns .. .. I..: :. '.' $0.00 .i i :" .-.CC 7 "i'i'--.. .... : i.... .:., ..' '...... .' $:11,000.00 . '. i '. TQtal ..' $256,1913.00 $111,300:00$ 18;000;00 $ 101,SpO.ao $ 195;45MO $ 3.9a;,\oQ:pO $25,950.00 :.... . $ 748;300.00 .. $737.300;00 .. . ......... '.. .. .. .. .. .. .. . .. I... .. . ". .' I, ... . ........ .' . '. .. . .' 'C . . . ... .. ..; . i :nvironmental Process, Inc. '15 Florida Ave. S., Suite 111 :;olden Valley, MN 55426 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Community Center/Golf Operations - Summary Work Completed 2010-2014 Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $9,200.00 $9,200.00' ADA Upgrades $52,000.00 $86,500.00 $76,500.00 $163;000;00 . Emergency Alarms/Lights $3,400.00 . $3.400.00 City Building Security System $0,00 BUilding. EXlerlor/SneMaintenance $2,750.00 $59,550.00 $75,500.00 $135,050.00 General. Interior Repairs $30;225.00 $30;225.00 Carpet Replacement $CJ.QO Floor Tile Repairs/Replacement $2,000;00 $1 ,525;00 $1,525.00 CeilingTlle,Repairs(Replacement $700.00 .. $@O $1,000.00 IntedorP<!lnting .' n $$;309;00 . $5;300.00 .' Upgrade to sireetDepartrMht QfflceAre<!s .. .. ,: .... '$0;001. .. , PubliC Works,. Office Space Remodeling , n:: . , ;$0.00 Emergency Gerlorator ". . $125,000;1)0 ........ .. .. .. .. $125,00b.oo L .... ROOf.Replacemeni:.' ....:....,. ... . .. .. .: .. Pll~irig.,.LofAsphalt.~epl<!cemeriftG~jpSe~J, .. . ., :.,.... : .... : .... I ..... .. .. . ". '. .... .. itimtr~eslSlhtObs :'. ..., .....:.,. ':.,'" .' .... ...:,:., .: ........:..,.... )i .... .. . .. Mechani~I.'Sy$tems '.: .. .. '.. ..' "...:. ...... ,....... .:....,.. '$/lo;ddo;ob' :1 '.. " $EiOiOOO;(JO 1$312;$00.00 ".' '.. EleQiriCaI13yst~ri1ll; .... '. '. : .. .' . .....,... $0;00 1$49;800:00 '. .. '., --c- [, ,",' -:- ... .. .. .'.' .:. . Total :.., $54,700;00 .. $2,750.00$ Sa,750.00 $2.11,500:00 $ 75,500:00 $139,91)9.00 $ si,O?o.oQ 1)$;;$2/;00;00 $ 363,600:00 .. > . ., ., .. .' . . .... .. '.:. .' .. .. ::.. .. . ,. . . n " ..: .. '. . '.'.," '. .... '. ,...... -c- ',. . " ,.. .. .... . .... ". . .... ,.:.". '.. , ,. ., .. . Environmental Process, Inc. 715 Florida Ave. S., Suite 111 Golden Valley, MN 55426 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CllY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Fire Station #2 - Summary Work Completed 2010-2014 Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $500;00 $500.00 ADA Upgrades . $66,077.00 $66.077.00 Emergency Alarms/Lights $7;900.00 $7;900.00 City Building Security System $0;00 Building Exterior/Site Maintenance $22,775.00 .. $0.00 $204,000;00 Gerierallnterior Repairs $1,600.00 $1,600.00 Carpet Repl~cemElht $0.00 Floor Tile Repairs/RElpll\cement $375:00 $375.00 Ceiling ;rlleR$PairS!Repl~cement .... .. . $0;00 $150;00 Int~rlor palrjti~g ...... ... ....... .. $500;00 I . .... .$500:00 (JpgrjdetoStreefDepiutmentOffice Ar~as .... .. ..... '. .........$0.06 . Ptlblic'.V'J.o*iipitice.Space,'Reii1bBeling .. ..' :.......... . . ..$0;00 Emergency.Genqr!itor .. . $68;750;00 ........ .... .. ....$68;750;00 .. .. . Roo!H~p.l!lcement. ........ ... ... .... ..... . .... .'. . ..$0;00 .. .. .. parklnQ..LotAspha!t..Repla6ementJC~iP..Seal ..' . .... ........ $36;40d;OQ '> .. . ...... .....:~36:40d.oOI. . .. Tiirh&ees/Shrbbs....... .. .'. ..:....... .... ......... ...... .... i:........... $().oo' .. .. . .... '. . j.... MechaniCal!?Ystems' ..' ". '. .... . . ..... .. ............. ..... $0:00 $79.900:00 '. ........ I Elei;tricalSystems . .. .. ..... ..' . . ... .$0,00 .. $49.:1300:00 ... '.. .' ...:.: .. ........... ..' I........... '. :.. .. . .. ..... . .. Total .. .. . $0.00 $22,775.00 $ 69;250;00 $ . $ '7,900,00 $ 68;552;00 ...$182,102;00 .$. 333;650.00 .' ..... . .. ..... .... . .. .. ... .' . .. I . .. ..' : . .. .... .. . .. '. ..' .... .. ..... . .. . .. . . . . . .:...,.:. .. '. . . . . . ... . . Environmental Process, Inc. 715 Florida Ave. S., Suite 111 Golden Valley, MN 55426 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Fire Station # 3 - Summary Work Completed 2010-2014 Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $350.00 $350.00 ADA Upgrades $10,070.00 $10,070.00 Emergency Alarms/Lights $0.00 City Building Seourlty System $0.00 Building ExlerlorlSite Malntenanoe $3,100;00 ' $0.00 $10,750.00 Gel1eral.lnterlorHepairs $450,00 $450.00 Carpet Heplaoement ..$0.00 Floor Tile Repairs/Replaoement . ... .. $0,00 Ceiling Tile. RepalrS/Replaoement .. . .$0.00 Interior painting. . .. .. ..... .. .... $275.00 $215:00 UP9tadetosireeIP~p~rtmentbffIOe Areas ... . ... $0:00 .. .. .... Publlo Works OffioEl 13pape Remodeilng .. .. ......... .. ." .. .. . .... I $0,00 .. . . EmergenoYGenorator $62,500.00 ... c" . ..... ~ $oJ}O . .... .. .... I Rpo! .Replacement. '.. . .. .. .. .. .. / .. .. $OCO'O $115,000;00 p~rklng..LotAsphalfReplaoem~nllChlp' Seal'. " .... .... ".$7';$00,00 . ... ........... $7;500:00. ..' .' .... Trim ltee!i/Shrubs .. $750.00 . ..... .... .. ....... :........ .. ..... "'$0:00 MeohanioarSy~~iiii;s . .' .. .... .... $O~oo $78,300.00 . "'.. .. .. .. ......... .' .. . ..... .... ..... EleotrloalSYstElms .. .. ..:.... .. I ............. .' .$0.00 $33,006;00 ~ ." .. . ... . .. . .... ... '.' .... .......... ." ...... .. .' .. Total ...... ... $63,250;00 $3;100:00 $ 350.00 $ $: '7\500;00 ,$ $10;795.00 I... ...$1&.6:45.00' $ 237,050.00 .. - - . .. .. .' I. . . '.. .. .. .. . . ..... .. . .... ,... .. . .' ...... I " ':.' ',., .. .. ... . .. . ::": .':.. I Environmental Process, Inc. 715 Florida Ave. S., Suite 111 Golden Valley, MN 55426 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Golf Maintenance - Summary Work Completed 2010-2014 Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $0.00 ADA Upgrades $4,110.00 $4,110.00 Emergency Alarms/Lights $0.00 $37,600.00 City Building Security'System $2,520.00 $2;520.00 Building ExteriorlSite Maintenance $0,00 General.lnieriorl1epalrs . $15,252.00 $15,252.00 Carpet Replacement $550.00 $550.00. FloorTlle .Repairs/Replacement $5;000.00 :. $5,000.00 Ceiling Tlle.Repi\lwReplllCement .... $0..00 lriterlor PairiUrig . ...... :.. ..... $0;00 Upgrade.to..StreetDepartmen\Offlbe Areas .. $100.00 $100.00 Public WcirksOffiq9.$paceRembdaling.. .. .... ". '. .. .... ." .$0;00 . . , Emergency..Geriorator:.... .. .. .... .. . $0;00 .' RO()fRepl~cerrient:': . . . ." .. ... .' , .: '., .. .... ~0;(l0. .. , . . parklng..l.:bfAsphaJiReplacementlc:;hip.Selil.... $97,500.00 .... ...:.' .... ....... $Mp .. ..... ..' ..... ".'. ri1rr\1reeSlShfq(is.. . .... .... $250;00 .. '. .... .. '. $0;00 . .... .. . .... .... ". ..i .. i.. , , MechaniCal.Systems.. '. $60;000;00 ". .. '. . '.:'. $60.000,00 . $269;000.00 ..... ElectrlcalSystems . .. .. . $4,100.00 $?MOo;PO . i.": . .... ....$26.500.00 ...... $9,10iwo I..... . . '.. ... .... .. . :..... . .::.:'.:'. . . .. .. ". .. .' .... .... Total . I $250.00 $101,600.00 $'90,610.00 $ . 15;252.00 $ $2;520;00 l$ 5,650;00 $114,032.00. $ 315,700,00 .. .. '.. ...... .. ........ .... ... ...... .... .. .. .... I... . '. '.. " .. .' . .. . .. ." .: I, ,. '.. I Environmental Process, Inc. 715 Florida Ave. S., Suite 111 Golden Valley, MN 55426 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Public Safety - Summary Work Completed 2010-2014 . Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Ufe safety $250.00 $250.00 ADA. Upgrades $22,000.00 $22,000.00 Emergency Alarms/Lights $4,900.00 $4,900.00 City Building. Security System $0;00.. Building Exterior/Site Maintenance $21,950.00 $21,950.00 General Interior Repairs .$250.00 $250.00 Carpet Replacement .. $20,000.00 $20,000.00 Floor Tile Repairs/Replacement . $500.00 $500.00 CeillngTlle RepairslRaplapement .. $220.00 .. ..' . . .......... $0.00.. Intenor Painting . .....$2,550:00 $2;550.00 . . ... .. .. . . lJp9rad~tostijElt"DGpartmE\niotilce'Ari1as .. .. ... .. '. .... . .... $0:00 pl)bll~Wdiks()ffice.$pacel;t~ih6di1ling',. .... r. I.. . .... . I'i............ ..... ~O,liO. .' .... ...... .. ..... .. .. ~rr\ergE\9cYGendi'at6r .. ..... .. .... ..I..' ........ ...... '......~.. ...:. ..... .$(1;00 .. . .. .... ..' . '. . Rp?fRej:illlci1m~iit. . .........,... '.' ...................... ...... . .... ..... ......... . . $18(j'OclQ,OO I.i. ...... .. .. "$t80;OOMO .... .... .' ..' '.' ~ Parking .ifIA$phll!tHElplllilernilntlGhifl Seal .,. ... ...... ........ .. ", I.......... .................... · ... . ..$O:pO ......... .. .' . . ... . .. .. .... ". ~ Triihlr~eiltS$fubs ................ ........... ........... $250.00 ... ...... .. ..... ..... .. .. ...M:Oej I .... .. . .. . M"Chani6iliSystElms. '. '.' ". .. . ...... .'. ..' ..... '.. ...... ... '. $QA() I. '$100;800:00 .... .... .. .. .. ... .. ... Ele6iiibalSyslems .. .. .., ..... .' ... .' ..... $O:()O .. $31;600.00 ........... .. . .. .. .. .. .... .... ...... .... ... .. ." ...... .... ....... ....... .. Tot!il .. $470.00 $0.00 $" ;250;00 $ ';21,950;00. $ - $ '.' ~oe;9dO:oO $ 23;(100:00 . $252;400.00 $ 132:400.00 .. .. . . .. .. '. .. -~ .. .. '. ... .. .. .. I . I .. '. '. r I ... r Environmental Process, Inc. 715 Florida Ave. S., Suite 111 Golden Valley, MN 55426 2010. BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Street/Park Maintenence - Summary Work Completed 2010-2014 Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $17,600.00 $17,600,00 ADA Upgrades . $0.00 $84,000.00 Emergency Alarms/lights $0.00 City Building Security System $0.00 Building Exterior/Site Maintenance $2,500.00 $66,400.00 $66,400.00 General :Interior Repairs . $495.00 $495.00 Carpet Replacement $0.00 Floor Tile Repairs/Replacement $0.00 Ceiling Tile.flepalis/Replacement .. . $0,00 $4;160.00 lriterlorpain\ing . .. '. .... . . $t;650.00 .... .$.1,650:00 .' Upgrade tii StreelDepartrnent Office Areas $50,000.00 .... .. $50;000,00 Pu~licWotk~9~ice$paceRillT1odelirig . .. .. .. .. ..... .... ......... $0.00 . Emer~~n9y'.@enorator . .... .. $0;00 .. .. .' ...... .. FlOof,F'lepl~9~~ent .... ...... . ......... '.. . $200,000,00 .. .... .... .. '. ...:......... i' .. $:?$O;qOO:od: ....$250;00\1:00 ..... . .. .... Parkiri~LqiA~phalfFleplaceinenilChli'l$eal'. ." ... .. . '.' . ". .................... ......-:>. ..................................... .... ..........$O.QO. . .;.... .............. ....... '.. '.. '1. $350.00 ...... ...... ..... ..................... ................. ..... -.-- '.'~..). '. .$<noo Trimlree~/~hriJbs..... .. .... .. .. ... ... .. . Mechanici~r$Yilteiiis .7........ .. .---- .... .... ..... ...... ............$Q:qp. .$100;200;00 . . .. ... ...... .... ..' .. i;:lectrldalSyslems .... $50,900,00 '. .... . : ..; .......... $50;90M6 $22;500:00 . . .. .'. ..... '.. .. ..... .... .. ..... .. : ... :.:' . .' .. :. Total $202;850.00 $0.00 $ 134,900.00 ..----. $ 50,000.00 !$ .' $2520145.00' $437,045;00 $ . 210,860:00 $ .. 0 "0 . .. .. . .... ......... '.. . ... .---- ." . . ... '.. .. .... I.. ....... ... ..' '. .. . . .. ... .. .... ..::....... ..... .' . '" .:., '" . Environmental Process, Inc. 715 Florida Ave. S., Suite 111 30lden Valley, MN 55426 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Utility Department - Summary Work Completed 2010-2014 Building Category. Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $11,850.00 $11,850.00 ADA Upgrades $0.00 $61,500.00 Emergency Alarms/Lights $0.00 City Building Security System $0.00 Building Exterior/Site Maintenance $20;450.00 $13;450.00 $12,500 $12,500.00 General Interior Repairs $3;100.00 $3,100.00 Carpet Replacement . $0.00 .. Floor Tile Repall'li/R!!placement .. $0,00 . CellingTile Repillrs/RElplec!!ment ", ... .. $0,00 , Interior Pllinting. . . .... .. .. .. .. ,. "" $0.00 '. Upgrade to Str~etbep~rirT1~!}t()fficeAteas I.. . I, .. $0'00 Publio WotksOtilce.SpaceRElmodElling .... . I. .. .. '. ..',. $0;00 .' Emerge!}cyGen9iat9r .... .,. ." ", .' .. ."'. ..,' .... $0;00 ...... .. ROOfRep'jac;el11e;~t. . ...... ..' , ' . $148,000,00 . ,".' .. .... ......'.'... ." ....., I........,..... <.. ...... ., '.' $0;00 ParkingLotf'spl1~W$eplacemElntlChlpfl!!al ... . I .,..,....>,........ ". "".. ;. .$0.00 $93.:600:00 i .. .. TrimtreeS/$hrubs. ...... .. $250.00 .. .,' ['., "..... . .>.... "". ....... .:$O,oq .' .. Mechanlc.al flYSt!!ms'm . $23;800.00 , .'," .. " '. $O;(iO.' , $38;200.00 ElectricalSystenis ." . '.. . .. . .' .$0.00 $32;500,00 .' .. i" I. . . . . .' . .. ..... .... ". Total . .. $1 112,500.00 $13,450.00 i$ 11 ,850;00 $ $> 12;500,00 $ . ~. 1$ 3,100:00 ." $27;450,00 $ 225,800.00 .... .. .. ...... ." ... '.. ..' . .. .. .. . . .... . .... . .. . .. ..' . . .. ..... .... ... ..' J' ..... ". .. ..... ". ... .," ::nvironmental Process, Inc. 715 Florida Ave. 5., Suite 111 3oldenValley, MN 55426 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS Building Category :nvironmental Process, Inc. '15 Florida Ave. S., Suite 111 iolden Valley, MN 55426 CITY OF GOLDEN VALLEY Vehicle Maintenance - Summary Analysis Item Description Work Completed 20081 2009 Life safety ADA Upgrades Emergency Alarms/Lights City Building Security System Building ExteriorlSne Maintenance General Interior Repairs Carpet Replacement Floor.Tlle RElpairs/Replacement. Ceiling 'Tile RepalislRElPlacElment . IntElrior P~inilng '. Upgrade..tOStreet--[)epaftment.-Pffice'Areas Pubjic WOrks Office spiice RemOdeling .. ~rnergencYGel')orator IRodfReplacemen(.', Parldng-l.otAsphai(ReplacelTJeni!Chlp'Seal TrlrntreeSlSl1iub's MElcbahibal-.$ygtelTJs . '. , Electridal,Systems' ITotal 2010 . $73,720;00- - 3 I I - -I . I -, ---- ~u "" 2J ri~ $250.00 $0.00 1$ ., $.1i:l;+00:00 ~().60h 2011 2012 2013 2014 EPI NO. 09-090A. January 12, 2010 2010-2014 Total $0;00 $0.00 $5,300.00 $0.00 $123,920;00 .$550.00 $0.00 $100.00 $0,<)0 $250;00 I $0.00 $0;00' $o.bol $0,00 $o.OQ $0:00 $0:00$74;800:00 $19,100:00 . $149;220.00.$ . $'4-7,200.00 ! , Future $51,550.00 $850.00 $220;000.00 II I' · 'L~ jir.'I)c~.1 $5,300.00 . $50,290,00 1 $550;00 -- $100.00 1 ~I .,$g5oioo - - .;~.' .1 ........ I. $ 50;200;00.1$ ~ - 2010 BUILDING MAINTENANCE PRIORITIZATION TEN (10) BUILDINGS CITY OF GOLDEN VALLEY EPI NO. 09-090A January 12, 2010 Warehouse and Animal Impound - Summary Work Completed 2010-2014 Building Category Analysis Item Description 2008 2009 2010 2011 2012 2013 2014 Total Future Life safety $7,500.00 $7,500.00 ADA Upgrades $3,200.00 $3,200.00 Emergency Alarms/Lights $750.00 $750.00 City Building Security System $0.00 Building Exterior/Site Maintenance $300~00 $300.00 Generallnterlor,Repairs $0;00 Carpet Replacement $0,00 Floor Tlle.RepairS/Replacement. .. .... $0.00 .' Ceiling Tile ReP<Jir$lReplacement ...: :$0.00 Interior Palr\ting > . .. . $O~OO l!pgrade tostreeiOeparlr?ent Ofiice Areas .. ,. . ... .... ". $0.00' I.. . Public WOrks'Oflice..SpsceRemOdeling.... . .. . .....:. .' ., .$q;q(} ... ... .. ... ..<..:.,:.:. ..... EmergencyGe~9rsi6r ..... ". <::. . . .. ,.,'<" '." .' $0,oQ .. .'. :. Roof Replacement .... ..... "C::- .. . .: ,'. .:.....:.:.....i,.... . ... ....$q,bO .. .' .:,.' . .. .... '. . PaiklngL6fAsphaltReplacementlChip.Seal'" . ". $32,500;00 . ." $32;50(j~0() .. .. .' '. .. Trim JreeslStitilbs .. .. .. '.' .'. ." ... . . .: $0;00 .. MeqhanlcaiSY$tems ..... . .... ...... .... $0'00 '.. '. .... . i. .. .:... ElectrlcsISyj;tems. .. ..:..... :..,: .,..:.: ':': .... ". ':: ..$0;00 '. .. ..... . ... <c. .::. ..' . " '., 1<.'............:.....,.. ...: ., Total . .. $0.00 $0.00$ 7,500m $ 300,oQ' $ 32;500.00 $ 3;950:00 "'$0.00 . ..$44,250,00 $0.00 .. .. .. .. '., ....:. .... . .. '. ". . '. ." .'. ... . .. .... . , '. . .. .. . ..: '.' . .... I .. :" I.. ..... '. . .. .>. . '. .. . . '. I. .. I . , .:.. environmental Process, Inc. 715 Florida Ave. S., Suite 111 :Jolden Valley, MN 55426 hlley o City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting May 11, 2010 Agenda Item 4. Structure of City Advisory Boards and Commissions Prepared By Jeanne Andre, Assistant City Manager Summary At its February Council Workshop the Council identified reviewing the structure and number of city boards and commissions as an area for further discussion. Over the years a number of concerns have arisen about the existing structure of boards and commissions and whether another approach might work better for the City and the volunteers who are recruited to serve. Some of the issues include: . It is often difficult to fill all of the commission vacancies, suggesting lack or interest or time for possible volunteers. . Groups sometimes have trouble securing a quorum for meetings, suggesting that volunteers do not have the necessary time to commit. . Current trends suggest that volunteers may be more interested in short-term projects than ongoing service on an advisory board or commission. . There are instances when volunteers are unaware of the advisory nature of position and state laws such as open meeting law, which must be followed. . There are not always projects or tasks for the groups to work on. . Sometimes projects the groups want to work on are not considered suitable projects by the City Council. . The Council commits a significant amount of time to interviewing for board and commission openings and undertaking liaison responsibilities. . City staff commits a significant amount of time to attending meetings, taking minutes and supporting the boards and commissions. As budgets are reduced, staff is spread thin. Only two of the existing Boards and Commissions are required by law, the Planning Commission and the Board of Zoning Appeals. The Civil Service Commission is also required under the City's current Police Civil Service structure. In addition to standing boards and commissions the Council has occasionally appointed temporary task forces such as the Area B Task Force, the Election Task Force or the Deer Management Task Force. These groups generally have an end date or task which determines their term. Attached you will find the Guidelines for Boards and Commissions, as amended September 20, 2005. Since that time the Council amended the City Code regarding its Code of Ethics, which should be reflected in the Guidelines. The Council can discuss its preferred approach to Boards and Commissions and direct staff how it should approach amending the Guidelines in keeping with that approach. Attachments Guidelines for Advisory Commissions, Committees, Boards and Councils (11 pages) CITY OF GOLDEN VALLEY Guidelines for Advisory Commissions, Committees, Boards and Councils INTRODUCTION: The City Council wishes to express its appreciation to the many citizens who take time away from their personal and professional lives to serve the community through their membership on the Council's advisory groups. Golden Valley has had a history of extensive citizen involvement. At present approximately 60 advisory commission, board, and committee members participate in providing specialized expertise so that Council decisions can be made with more complete background and knowledge than would otherwise be possible. The Council and the entire community benefit from this invaluable service. Golden Valley is a statutory city. The legislature established it as a city in the early 1970's. The State Statutes provide: "In any such city, there shall be... no administrative board or commission...the Council shall itself perform the duties and exercise the powers and shall govern and administer the functions for which no independent boards are authorized by statute. The Council, may, however, create boards or commissions to advise the Council with respect to any municipal function or activity or to investigate any subject of interest in the City." This Council, and others before it, recognizes the many advantages to be gained from this approach. The purpose of this document is to provide guidance to the Council's advisory commissions. The Council is directly responsible for the actions of its advisory commissions. It is hoped that through these guidelines the expectations of the Council, with respect to its advisory commissions will be clearly understood and followed. The Mayor and Council Members welcome any request for discussion or clarification of information that is contained or thought appropriate to be contained in these guidelines. The goals of the Council are better communication with its advisory commissions and better service to the citizens of Golden Valley. CURRENT GOLDEN VALLEY STANDING COMMISSIONS AND BOARDS: The Golden Valley City Council currently has four standing advisory commissions. They are: Environmental Commission Human Rights Commission Open Space and Recreation Commission Planning Commission There is one advisory foundation: Golden Valley Human Services Foundation The Civil Service Commission is an independent commission that has absolute control and supervision over the employment, promotion, discharge, and suspension of police officers of the Public Safety Department, as stipulated under State Statutes. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 2 The Board of Zoning Appeals hears requests for variances from the City Zoning Code and makes final determination on all requests unless such requests are denied and appealed to the City Council as stipulated under State Statutes. The Building Board of Review advises and assists administrative officers of the City on building codes and the issuance of building permits. Short term advisory committees are appointed as needed. These Guidelines for Advisory Commissions, Boards and Committees apply to each of these groups as appropriate and as permitted by the laws and ordinances which establish them. I. LEGAL BASIS OF ADVISORY COMMISSIONS As stated above the State Statutes govern the creation of Council advisory groups. These groups are authorized to exercise all duties which the Council has legally assigned to them. They are frequently authorized to conduct research and make recommendations. It should be remembered, however, that advisory commissions may not make decisions on behalf of the Council. In many cities, it is routine practice for the Council to accept an advisory commission recommendation if the commission has done a thorough and competent job. It must be emphasized, however, that it is the Council's final decision on the matter and not simply the commission recommendation which is effective to bind the municipality. No recommendation of any advisory commission takes effect unless it has been adopted by formal action of the Council. These advisory commissions may be organized in any manner deemed appropriate by the Council. The City Council may create and dissolve them, appoint persons to serve on them, and exercise powers of general supervision over them. A Planning Commission, however, must be established by ordinance and, once established may be dissolved only by an ordinance, which passes, by 2/3 majority vote of the Council. II. OPEN MEETING LAW All meetings of all public bodies in Golden Valley must be open to the public. There can be no such thing as a "closed", "private", or "executive" meeting or session. The only exceptions that have been recognized in the past are certain disciplinary actions conducted by the Police Civil Service Commission and some personnel and legal matters before the Council. The Minnesota Statute requiring City Council meetings to be open to the public has been in existence for many years. A 1973 amendment and court decisions and rulings by the Minnesota Attorney General have made commissions, subcommittees, and other public bodies subject to the statute. Any person violating the open meeting requirement is subject to civil penalty. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 3 Commissions and committees should be careful to observe the requirements of holding all meetings in public places and posting notices of meeting dates and times at the City Hall. Scheduling of meetings with the Manager's Office will help prevent conflict with other groups over meeting times when public participation is particularly desired. Commission, board, and committee meetings will not be held on designated legal holidays or recognized religious holidays. Any questions regarding the meaning or application of the Open Meeting Law should be directed to the City Council. The Council will seek such advice from the City Attorney as may be necessary. III. COMMISSION ORGANIZATION AND PROCEDURES A. Term of Office: Appointments to commissions are made effective May 1 of each year. The length of each appointment is provided in the governing ordinance or resolution and is designated by the Council at the time of the appointment. Each permanent advisory commission should elect officers not later than its second meeting after May 1 in each year. The term of office should be one year, unless otherwise specified by the Council, prior to each election. (Chairpersons of special committees may be appointed by the Council.) Voluntary resignations from a commission should be communicated by letter or email from the person resigning to the Mayor. B. Attendance: Absences in one year should not exceed three consecutive meetings or more than 25 percent of the total meetings for the year. (25 percent of meetings would be three meetings for groups meeting once a month and six meetings for groups meeting twice a month.) If a member is unable to attend a meeting, that member should contact the staff liaison, who will inform the chair if a quorum cannot be attained and the meeting will be cancelled. A standardized letter of warning will be sent from the respective chair to any member after two consecutive and two total for groups meeting once a month. For those meeting twice a month the letter would be sent from the chair after two consecutive or five total absences. If a member exceeds the allowable number of absences the Mayor will send a standardized letter stating the member must step down because of the importance of regular attendance and the number of citizens interested in serving. If a Commission feels there are extenuating circumstances in a case of a member who has not met the attendance requirements, the Commission may send a letter to the Council explaining the situation and request an exception. C. By-Laws or Rules of Procedure: Each commission shall propose By-Laws or Rules of Procedure governing its work. Such proposed By-Laws or Rules of Procedure should be submitted to the Council for review and approval prior to implementation. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 4 D. Orientation: It shall be the responsibility of the staff liaison to provide to each new member as soon as possible after that member's appointment, copies of the enabling ordinance for the board or commission and its current By-Laws or Rules of Procedure, minutes of meetings of the last one year, these Guidelines, and any other information necessary to orient of new members. (Note: Council Members who are liaison to a Commission will meet with the Chairperson and new members as part of the orientation.) E. A cting as a private citizen: A commission member testifying before the Council as a private citizen should clearly note before testimony that he/she is testifying as a private citizen. F. Code of Ethics: Each commission member is subject to the terms of the existing Code of Ethics ordinance, a copy of which is attached to these Guidelines. Each person to whom the code applies is responsible to read and understand them. Questions regarding the meaning or application of the Code of Ethics should be directed to the Council. If the opinion of the City Attorney is necessary or desirable, the Council will so request. G. Expenditures: Each Commission is authorized to incur those specific expenditures included in its final budget, as adopted by the Council. Any other expenditures require specific Council approval prior to the time the obligation is incurred. Council approval is necessary prior to solicitation of funding from outside sources for any purpose. H. Minutes: A person will be provided by the City to take minutes for the advisory boards and commissions. All such minutes are matters of public record and shall be kept at the City Hall. The unapproved minutes will be circulated to the City Council in a timely manner to allow the Council to be informed on recent actions. The Council will receive and file approved minutes at the next regular Council Meeting following the approval of the minutes by the respective board or commission. Minutes serve the dual function of making an historical record of commission proceedings and of informing the Council regarding the commission's activities. The minutes should, therefore, contain an accurate report of the sequence of events and names of citizens who appear and are heard. In addition to the formal action of the commission, a summary of the reasoning underlying such action should be included in the minutes. I. Staff Liaison: The Council has adopted a policy of providing a staff liaison for each commission. The purpose of this policy is to provide direct information to each commission regarding City policy and practices within its area of interest. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 5 The City operates under the "Plan B City Manager" form of government, in which all employees are hired and supervised by the City Manager, who in turn is responsible to the Council. Neither the Council nor any commission member has the authority to direct staff personnel. Any commission recommendations for modification of City policy and practices should be directed to the Council. The liaison will periodically inform the Chair on the members' attendance, particularly when warnings must be sent as provided in Section III.B, and copy to the City Manager to forward to the City Council. J. Council Liaison(s): Each year, at its organizational meeting, the Council shall assign one or more liaison to each Board or Commission. The Council Liaison(s) will meet at least annually with the Board or Commission to which he or she is assigned. These meetings can serve as an informal means for the exchange of information between the Council and the Board or Commission, but all formal communication shall follow procedures as outlined in Section IV. K. Subcommittees: From time to time, the Council may appoint subcommittees of certain commissions in order that special attention be concentrated in specified areas. At the same time, the Council also wants the opinion of the commission regarding each subcommittee's recommendations. Each subcommittee should submit any report or recommendations intended for the Council, first to the Commission for review and comment. Such review and comment should take place at the next regularly scheduled meeting of the Commission. If it does not, the report or recommendation of the subcommittee shall be forwarded to the Council without Commission consent. The subcommittee report or recommendation, together with the commission's comments, should be submitted to the Council at its next regularly scheduled meeting. As in the case of commission presentations, a spokesperson for the subcommittee should attend the Council meeting and be prepared to make a presentation and answer questions. The Commission is free to appoint subcommittees of their membership as the commission sees a need. IV. COMMUNICATIONS TO AND FROM COMMISSIONS A. Council Requests to Commissions: From time to time, the Council will refer items to commissions for recommendation. The purpose of such a referral is to assist the Council in gathering all pertinent facts and sharpening the issues. The request will be referred to the commission in writing by the Mayor. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 6 The Council would request a written report from each commission with regard to each such referral. The report should set forth all the pertinent facts and detailed recommendations from the commission. The report should be submitted to the Council Secretary the Wednesday before the Council meeting so that it may be included in the agenda. Any time a commission report comes before the Council, one representative of the commission should be present to make a presentation and answer questions. In the event there is a difference of opinion on the commission, a minority report may be presented in the same manner. B. Commission Reque sts to Council: Any commission request or recommendation for Council action or legal opinion should be communicated by letter from the chairperson to the Mayor, giving a full explanation of the background of the matter. Along with the letter, the commission should submit or refer to the pertinent portion of its minutes on the subject. The letter to the Mayor should be delivered to the Council Secretary on the Wednesday before the Council meeting. A presentation for the commission should be made by a representative from the commission. A minority report may also be presented. C. Communications with those other than the City Council: Based upon past experience, the Council believes that there is some potential for misunderstanding regarding communications with persons and governmental units or agencies other than the City Council of Golden Valley. It is essential that members of commissions understand and observe appropriate policies and practices in this regard. The essential principle involved is that the Council alone has the responsibility and authority to adopt the decisions, policies, and recommendations of the City of Golden Valley. The Council values the opinions and advice of its commissions and invites the communication of the same to the Council. The Council will take such opinions and advice into account in formulating the City's official position. This method of proceeding does not preclude a commission from gathering such information as may be pertinent to its activities. Commissions are free, without prior Council approval, to make inquiries and to give necessary background for such inquiries, but careful consideration must be given that these communications cannot be reasonably construed as statements of official City policy and opinion. The matter of distribution of information to the public is one that is not capable of specific rules of practice. In general, any such communication which purports to, or has the effect of communicating an official City position or decision, should be submitted to the Council for prior approval. Other types of communications, which are purely informational and do not involve unresolved questions of City policy, may be disseminated without prior Council approval. Adopted by the City Council - August 6, 2001 Amended - September 20, 2005 Guidelines for Advisory Commissions, Committees, Boards and Councils Page 7 EXHIBIT - GOLDEN VALLEY CITY CODE SECTION 2.71. CODE OF ETHICS FOR ELECTED OFFICIALS AND MEMBERS OF ADVISORY BOARDS AND COMMISSIONS. Subdivision 1. Policy. A. General Declaration of Policy. It is imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to the public as well as to the persons acting in public service. The proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby established a Code of Ethics for public officials, elected and appointed, paid and unpaid. The purpose of this Code is to establish ethical standards of conduct for such officials by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials of private, financial or other interests in matters affecting the City. The provisions and purpose of this Code are hereby declared to be in the best interests of the City. B. Responsibilities of Public Office. Public officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the Nation, State and City and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office. C. Dedicated Service. All officials of the City shall be dedicated to fulfilling their responsibilities of office described herein. They shall be dedicated to the public purpose and all programs developed by them shall be in the community interest. Public officials shall not exceed their authority or breach the law or ask others to do so, and they shall work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work. Subdivision 2. Scope of Persons Covered. The provisions of this Code of Ethics shall be applicable to all members of the Council, Committees, and members of advisory Boards and Commissions. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 8 Subdivision 3. Fair and Equal Treatment. A. Subject to the provisions of Subparagraphs E and F below, no Council member, Commission member or Committee member, while acting as such, shall participate in the discussion of, or vote on, any issue in which such person has any direct financial interest or personal interest which arises from blood or marriage relationships. "Direct financial interest" is hereby deemed to mean such an interest as would involve a reasonable likelihood of gain having a monetary value of substance. "Blood relationships" and "marriage relationships" shall be deemed for the purposes hereof to include only immediate family relationships of the first degree: spouse, children, mother, father, father-in-law, mother-in-law, stepfather, stepmother, brother, sister, sister-in-law and brother-in-law. B. Notwithstanding anything to the contrary above stated or implied, whenever two or more members shall declare an interest in the matter as hereinbelow set forth, then every member of the Council shall be required to vote on a zoning ordinance or other form of amendment to City Code, Chapter 11, which requires a four- fifths favorable vote for approval and/or enactment (as prescribed by pertinent provisions of the State statutes for the State of Minnesota); provided, however, that all of such required votes by members of the Council shall only be cast and tallied following a full public discussion of the item being voted upon during the course of which discussion every Council member having either a direct financial interest or personal interest as above described in this Subdivision shall make a full disclosure of the same. (All such disclosures shall also be made a matter of the public record along with the recording of the votes relating to the subject matter). C. Subject to the provisions of Subparagraphs E and F below, if a Council member, Commission member or Committee member has a financial interest in a business, investment, or transaction, which has a matter pending before the Council, Commission or Committee of which such person is a member, such person shall not participate in the discussion as such public official or vote on the matter. D. Notwithstanding anything to the contrary above stated or implied, whenever two or more members shall declare an interest in the matter as hereinbelow set forth, then every member of the Council shall be required to vote on a zoning ordinance or other form of amendment to City Code, Chapter 11, which requires a four-fifths favorable vote for approval and/or enactment (as prescribed by pertinent provisions of the State statutes for the State of Minnesota); provided, however, that all of such required votes by members of the Council shall only be cast and tallied following a full public discussion of the item being voted upon during the course of which discussion every Council member having either a direct financial interest or personal interest as above described in this Subdivision shall make a full disclosure of the same. (All such disclosures shall also be made a matter of the public record along with the recording of the votes relating to the subject matter). Guidelines for Advisory Commissions, Committees, Boards and Councils Page 9 E. No person covered by this Code of Ethics shall take any official action with respect to a matter in which such person has a direct financial interest or personal interest which arises from blood or marriage relationships; provided that participation in the decision-making process on such person's own behalf as a private citizen shall not be prescribed by this Code of Ethics, and provided further that such person may participate in matters leading up to or preliminary to official action to the extent that such person disclosed any such direct financial or personal interest as such person may have in the same and to the extent that such person has no discretion to make a final controlling judgment or vote on the same. Disclosure of any such financial or personal interest shall be made to the Council, Board, Commission or Committee of which the person is a member when the item appears on the agenda. Such disclosure shall be recorded in the minutes and become a matter of public record. F. Notwithstanding anything to the contrary above stated or implied, whenever two or more members shall declare an interest in the matter as hereinbelow set forth, then every member of the Council shall be required to vote on a zoning ordinance or other form of amendment to City Code, Chapter 11, which requires a four- fifths favorable vote for approval and/or enactment (as prescribed by pertinent provisions of the State statutes for the State of Minnesota); provided, however, that all of such required votes by members of the Council shall only be cast and tallied following a full public discussion of the item being voted upon during the course of which discussion every Council member having either a direct financial interest or personal interest as above described in this Subdivision shall make a full disclosure of the same. (All such disclosures shall also be made a matter of the public record along with the recording of the votes relating to the Subject matter). G. No person covered by this Code of Ethics shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City, nor shall such person use such information to advance the financial or other private interests of any person. H. No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept or receive any gift of substance whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form, under circumstances in which it could be reasonably inferred that the gift was intended to influence such person, or could reasonably be expected to influence such person in the performance of such person's official duties or was intended as a reward for any official action on the part of such person. I. No Council member shall appear in behalf of another's private interest before the Council, any Committee, Commission or agency of the City, nor shall such Council member represent another's private interests in any action or proceeding against the interests of the City in which the City is a party. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 10 J. Except as specifically authorized by Section 471.88 of Minnesota Statutes, no person covered by this Code of Ethics who is authorized to take part in any manner in making any sale, lease or contract in such person's official capacity shall have a direct financial interest in that sale, lease or contract or personally benefit financially therefrom. Subdivision 4. Public Disclosure by Council. A. Within 30 days after the effective date of this Code of Ethics each member of the Council shall file, as a public record, in the office of the City Clerk, a signed statement disclosing the following: 1. A list of the names of all business corporations, governmental agencies, companies, firms or partnerships or other business enterprises doing business with the City or at some location within the City (a) with which such person is connected as an employee, officer, owner, director, trustee, partner, advisor, consultant, fiduciary (other than as a nominee) or (b) in which such person has any continuing financial interest, through a pension or retirement plan, shared income, or otherwise, as a result of any current or prior employment or business or professional association, or (c) in which such person has any financial interest through the ownership of stocks, bonds, or other securities. 2. A list of such person's interests in real property or rights in the same located within the City. B. Each person who files as a candidate to become a member of the Council, at the time of said filing as a candidate, shall also file the disclosure statement required by this Subdivision. C. Within 30 days after each anniversary date of an initial filing, each person required to make such a filing under this Subdivision shall file a new disclosure statement setting forth the information required hereby as of the time of the new statement. D. Material changes in financial interest or in positions held shall be disclosed by filing an amended disclosure statement within 30 days after such interest is obtained or such changed position occurs. E. This Code of Ethics shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civic or political organization, or any similar organization not conducted as a business enterprise or governmental agency and which is not engaged in the ownership or conduct of such a business enterprise or governmental agency. Nor shall disclosure be required hereby where prohibited by professional or business association ethics promulgated by any State agency. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 11 F. The City Clerk shall inform each person required by this Subdivision to file a disclosure statement of the time and place for filing. The City Clerk shall notify the Council and City Attorney whenever a person who is required by this Subdivision to file a disclosure statement who fails to do so. Subdivision 5. Policy for Conflicts of Interest Among City Employees. A. Within 30 days after the effective date of this Code of Ethics the City Manager shall, upon review and approval by the Council, promulgate for the guidance of all City employees, including the City Manager, City Clerk, City Attorney and Department Heads, a policy statement on conflicts of interest which shall be applicable to all of such persons, and to consultants serving the City, and the City Manager is hereby charged with the supervision of such policies as provided for therein as a part of each such person's employment and contractual relationships with the City. B. Within 30 days after the effective date of this Code of Ethics the City Manager shall, upon review and approval by the Council, promulgate a disclosure policy for the City Manager, City Attorney and Department Heads, and for consultants. C. The policy statements called for by this Subdivision shall include provision for citizens to complain to the City Manager that a person covered by such policies has failed to comply with the same. Subject to Subparagraph D below, the Manager shall review all such complaints with the Council. D. This Subdivision calling for the development of employment guidance policy statements respecting certain persons who are responsible to the City Manager under the Plan B form of government extant in the City is to be construed so as not to violate the City Manager's duties and obligations imposed by State law with respect to administration of the City government. Any information filed with the City Manager pursuant to such policy statements shall be deemed confidential information for use by the City Manager only, except that the Council may at any time review such confidential information pursuant to its authority to investigate City matters.