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11-13-12 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room November 13, 2012 6:30 pm Pages 1. Bottineau Transitway Locally Preferred Alternative Resolution of Support 2-� 2. Receipt of Human Rights Commission Task Force Report 7-16 3. Electronic Reader Board 17 4. City Cauncil Member Vacancy 18-59 5. CenterPoint Energy Franchise Fee and Xcel Energy Franchise Agreement 60-79 Modification 6. 2013-2014 Proposed General Fund Budget, Other Fund Budgets and 2013 Tax 80 Levy 7. 2013-2017 Capital Improvement Program 81-82 8. 2013 Master Fee Schedule 83-101 9. 2013 Legislative Agenda 102-109 Couneil/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 : This dacument is avaiiable in alternate formats upon a 72-hour request.Please call 7b3-593-8006 {TfY;763-593-3968)ta make a request. Exarnples of alternate forrnats ' may incfude large print, electronic, Braille, audiocassette, �tc. �� Planning Departrnent �� _ _ _ 763 593-8Q951?63 593 8109(fax) Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 1. Bottineau Transitway Locally Preferred Alternative Resolution of Support Prepared By Joe Hogeboam, City Planner Summary The Mayor has requested that the matter of the Bottineau Transitway Locally Preferred Alternative (LPA) be revisited. Since the City Council initially considered support of the LPA in June, the Minneapo�is Park Board has endorsed the B-C-D1 (Golden Valley) alignment. Further study of the Battineau Transitway, as well as the DEIS process, could be compromised if the City af Galden Valley does not support the LPA. Golden Valley has been involved in the Bottineau Transitway study process for several years. Supporting the LPA would enable engineering and environmental review work for the Bottineau Transitway to continue. Support of the LPA does not imply approval to construct a light rail transit facility. Rather, it allows the study of the process to continue. A resolution of"municipal consent" would be required if and when infrastructure would be constructed. Staff from the Metropolitan Council as well as Hennepin County will be on hand to address any questions or concerns that Council Members have. Staff will seek further direction in whether or not to proceed with an amended resolution of support of the Bottineau Transitway LPA. A draft resolution, with added language reinforcing the notion that municipal consent is still required for the project at a later time, has been attached. Attachment • Draft Resolution of Support of the Bottineau Transitway Locally Preferred Alternative (LPA) (4 pages) Resolution DRAFT November 20, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION OF SUPPORT OF THE BOTTINEAU TRANSITWAY LOCALLY PREFERRED ALTERNATIVE (LPA) WHEREAS, the Bottineau Transitway is a proposed project to provide transit service which will satisfy long-term regional mobility and accessibility needs for businesses and the traveling public in the heavily traveled northwest area of the Twin Cities, and; WHEREAS, the Bottineau Transitway is located in Hennepin County, Minnesota, extending approximately 13 miles from downtown Minneapolis to the northwest serving north Minneapolis and the suburbs of Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Park, Maple Grove, and Osseo, and; WHEREAS, while the Bottineau Transitway would provide transit service for resident� and businesses �t�'the'cities of New Hr�p�, Osseo, and'I�taple �r�ve, tFr� preferred aligrtment idenfiifred by the.Policy Advi�ory Committee (PAC) does not r�rt directly through these thr� citie�,��nd; UVHEREA�; the H��nepin County Regional Railroad Authority (HCRRA) ir�:°; partn��ship with t��Metr��olitan=�ouncil and vther'�pject st�l��hald�r.s recently�� completed the Bot�ineau Tr�nsitv,�ay Alternatives Analysis Stud�t�rat in �ddition to�he No Build and Transportation Syster��anagement (TSM) alternatiues; recommended four Light Rail Transit (LRT)Alternati�es and one Bus Rapid Transit (BRT) Alternative be advanced for further study in the fec[eral and state enviranmental review pcocesses, and; WHER�S, the Federal Transit Administration (FTA), the Hennepin County Regional R�itroad Authority (HCRRA} and the Metropolitan Council have initiated both federal and state environmental review for the Bottineau Transitway project, and; WHEREAS, federal funding will be pursued for this project from the FTA, which has consequently been designated as the lead federal agency for this project, and; WHEREAS, the Bottineau Transitway recently completed the Scoping Phase of environmental process, and; WHEREAS, through the Scoping process, the PAC recommended further study of the No Build and TSM alternatives along with further study of four LRT alternatives (A-C- D1, A-C-D2, B-C-D1, B-C-D2) in the Draft Environmental Impact Statement (Draft EIS), and; WHEREAS, through the Scoping process, the PAC recommended no further study of the BRT alternative, and; WHEREAS, on May 8, 2012 the HCRRA adopted (Resolution No. 12-HCRRA-0028) the recommendations of the PAC regarding the alternatives to be further evaluafied in the Bottineau Transitway Draft EIS, and; WHEREAS, the identification of an LPA is a critical step in pursuing federal funding for the Bottineau Transitway, and; WHEREAS, the LPA includes the definition of the Bottineau Transitway mode and alignment, and; WHEREAS, the adoption of the LPA and amendment of it into the region's long- range transportation plan, the Transportation Policy Plan, concludes the Federal Transit Administration (FTA) Alternatives Analysis (AA) process, and; WHEREAS, the LPA will be one of the build alternatives identified and studied in the Draft EIS, and; WHEREAS, the LPA selection prvicess does not replace or override the requirement to fully examine alternatives and determine the adverse impacts that must be avoided or mitigated under the federal and state environmental review process, and; WHEREAS, the four LRT alternatives to be studied in the Draft EIS wer�furth�r . ; considered with r�spect to ciefined.,project goals, cabjectives anc� evaluating criteria set forfh in the AA study antl further refined during the Scoping Phase af`the federal and st��te environmental an��l�rses,s�rid; `` WHEREAS, the Advise,.Review and �pordinate Committee (ARCC) and the Community Advisor� Cornrnittee (CAC) have provided.input intQ the selection of �n 1PA, and; ; tNHEREAS, the A�tCC, in a�echnic�l advisory �ole to the;PAC, provided the. follov�Eng input: ��, ,�� : � � • Affirm the ARCC's April 2fl12 input to the PA� during:the scoping decisi+�n process advising that study:of the BRT alternatiue should stop, BRT sh'ould not be considered far the LPA, and advising the PAC to select LRT as the locally preferred mode for the Bottineau Transitway. • Select Alignment D1 (Burlington Northern Santa Fe (BNSF) near Theodore Wirth Park) as the preferred route for the southern end of the Bottineau Transitway, and that Hennepin County, Metropolitan Council, and the City of Minneapolis should work together to develop and deliver separate transit, livability and economic development investments to north Minneapolis neighborhoods as soon as possible, • The ARCC concluded that the technical justification for the A and B alignment is different, but balanced. The ARCC advises the PAC to consider the five project needs in their policy decision on the preferred alignment. The ARCC also recommends Hennepin County, Metropolitan Council, Maple Grove and/or Brooklyn Park work together in the future to consider separate/additional transit (bus) service and/or related capital investments to the "non-LRT" branch that integrate with the regional transit system (separate from the Bottineau project). WHEREAS, the Bottineau Transitway PAC held a public hearing as part of the LPA selection process. Eighty-five (85) participants attended the hearing, with twenty-two (22) individuals providing verbal testimony. A total of thirty-seven (37) written comments were also received from February 26 through May 17, 2012, and; WHEREAS, the Bottineau Transitway PAC took into consideration the technical information on each of the alternatives developed to date, along with the ARCC, Community Advisory Committee (CAC) and public input provided as part of the LPA public hearing and comment process and passed a resolution on the recommended LPA on May 30,2012; defined as LRT Alternative B-C-D1, and; NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley supports further study of the LPA recommendation of the PAC, and identifies LRT Alternative B-C- D1 as the Locally Preferred Alternative for the Bottineau Transitway project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Golden Valley supports partnering with the Minneapolis Park and Recreation Board, the City of Minnea�olis, the City of Rabbinsdale, the City ofi Crystal, the City of Braoklyn Park, Henn�pin County and the Metropalitan Council to �mend Light,Rail Transif(LRT) on the B- C-D1'alignment Qf the Battineau Transitway into the region's long-range transportation plan.: NOW, THEREFOI�E,,BE IT FURTHER RES0I.�VED that this,document daes nat signify'municipal consent or� behalf of the City of G�leien Valley,; Th� �ity retains the ability to approve or deny municipal car�sent of the Bottineau Transitway B-C-D1 following the completion of the:[3raft E�uironmental Impact St��ti�`ent (DEISj.:, NOW, THEREFOR�, BE IT,FURTNER RESOLVED th�t the City of Golde�t Valley commits fio wo`rki'ng with the Hennepin, Caunty Regional'�ailro�d Authority and tfie '' Metropolitan Council to address the following for the Bottir�eau Transitway: 1. Address long-term construction and maintenance needs at the intersection of Golden Valley Road and the Burlington Northern Santa Fe (BNSF) Railroad Corridor. 2. Further assess more detailed data related to noise and vibration along the corridor. 3. Further assess the need for and location of possible noise and retaining walls within the corridor. 4. Pursue opportunities for a Hennepin County Community Works project within or around the D-1 alignment. 5. Further assess the negative impacts to properties along the corridor and look for ways for the County and the Metropolitan Council to address those impacts. 6. Pursue funding opportunities for improvements to homes adjacent to the corridor for the purpose of mitigating negative impacts. 7. Further evaluate parking options and passenger drop-off access at the proposed Golden Valley Road station location. 8. Work collaboratively with the Minneapalis Park Board to ensure that the negative impacts to Theodore Wirth Regional Park, and surrounding parklands, are minimal and that natural areas are maintained in their current condition to the largest extent possible. BE IT FURTHER RESOLVED that this resolution adopted by the City of Golden Valley be forwarded to HCRRA and the Metropolitan Council for their consideration. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. � �� `� � , ,, ��; i:° ,, �,� , C'Z��1 i�� Cifiy.Administration/Council 763-593-3989/763-593-8109(fax} Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 2. Human Rights Commission Task Force Report and Recommendation Prepared By Chantell Knauss, Assistant City Manager Summary The Human Rights Commission Task Force held four meetings and is bringing forth their report and recommendation. The facilitators, Richard Fursman and Irina Fursman, of Brimeyer Fursman will explain the process and present the Task Force's report and recommendation. Attachments • Human Rights Commission Task Force Report and Recommendation (9 pages) HUMAN RIGHTS TASK FORCE REPORT AND RECOMMENDATION The Human Rights Task Force gathered for the last meeting on Septemebr 13th to finalize the discussions and draft a recommendation to the City Council on the appropriate vehicle for addressing and/or promoting the Human Rights in Golden Valley. The following were identified as the core areas of responsibilities where opportunities exist for promoting human rights. . .�• �_.,�. y�,�r,k•,• sir.GB.. ..c�) " �W,$++Ti�ry .. .. �� ,y .. . r., . .... »!Fe� ... _... .. . .:. . � .' " -—--"7_""_ _ . ' . .». a .. _ . ""'- _. '�.�` '-:- ""-•ii� '�t, ;.. �...g,. .. .1�� . ..� '" c �t n.�....►r�...-...-�s._',..- � .�� :l i - _r • • a• � �.. . „- " '_ r ....;�... , .. � �M M ' "_... f �',. � +Y e.� ��wM• � 4�� w , . .. .*•� s .�.i� ... . ..,��.t ....... �. ��j � .�,, .�. . . '... �,...• -�i nr:. ' , _ . •. ,.._.,s, .x• ... i�4• • • • • + •�• ' ' • : � �' • � • • � • • � Mweeu uk�nu. i; : .,,. R A/v._ CY�'c't ., .. �� ....-r , ��.r._,� � � ._.:. T - � �e ��.� .�� r �� •, b,.;��. .�� { �.�..u. . � - �.,,,,...,�:«✓�� nd��.�u� G,.,,ai. � ��I,C,.... ..:,.c�,�:.,. .�.. / � �, o.,..,d 4.....+n .. . _. _ . . . ,, �� ' . �. ` '' ',� , n� �� ' .. � rf �,�".r�`"` b� . m �c�- ,�, , � � i .,_.�. " s,� .. wL.G=L, i r fi �� 2', � I ➢f"'�, � f I �� , , � - �i � -*;' '�l, a - �' �,'�..,, � s "�*-"�^" ,, � � ,, ` �r i `��=� . .' . .a �--- , T : � '�*'� .. . . ��'' ; . � . ��S The "dots" exercise of identitying which responsibiiities in each area would be best hanaiea tnrough HRC vs. an alternative solution, lead to the following conclusions: ❖ The HRC is an appropriate vehicle to address and promote human rights in Golden Valley ❖ The HRC's expectations and responsibilities should be clearly identified (see recommendations included) ❖ The HRC's activities should be pro-active in nature, but have the capacity to react appropriately when the situation calls for action (advise the council or hear grievances) ❖ The HRC should refer the victims of Human Rights violations to appropriate agencies ❖ The HRC members should undergo appropriate training(and keep current) in order to provide safe and welcoming environment for those who are seeking assistance ❖ The HRC and City Council should be respectful of each other's work, recognize authority limits,and maintain open and transparent communication with each other and the public ❖ The HRC members should maintain neutrality, remain non-political, and focus on broader issues i�r�!`��,�1�� t.)i l.sl.��,��1d V��..��.� 1�11�ii��1 hi�,l�l� 1.��iill>�IC)i1 �� 1�.) ill*�� rc�r�not� ar�d r�c�urish � safe, r��tf�f, ��1C� WEICO!`t11i1� Gt�M11M1UPll��'. RECOMMENDATIONS: 1. The Task Force Recommends keeping the Human Rights Commission active in the City of Golden Valley 2. The Responsibilities of HRC should be included in the core areas of: a. Help Build Community i. Create opportunities for dialogue in the community ii. Promote and facilitate human rights issues in collaboration with existing groups b. Seek Opportunities for Education and Resources i. Provide information in the existing city news letter ii. Sensitize community at large to different groups iii. Educate on high expectations of human rights in Golden Valley iv. Speaking, attending events,visiting schools, and conducting seminars c. Provide a forum for community members to share grievances i. Hear a story and refer to the proper agency for resolution ii. Use the standard of what will be adhered to in conjunction with the U.N. Declaration of Human Rights or other defined standard iii. Track patterns of complaints iv. Screen cases for advisement to City Council(vet) d. Advise the City Council on Human Rights Issues i. Report patterns of incidents ii. Serve the City Council as an advisory board 3. Alternative Solutions: additional ways and/or responsibilities for addressing or promoting the human rights were identified, but referred to an alternative solution, not involving Human Rights Commission directly.Those ideas include: a. Conducting a community survey to gain feedback and provide recommendations on facts - this function would be best performed by the City Council and staff, however the HRC may contribute to the design of the survey to include evaluation of human rights violations, if directed by the Council b. Communicate that Golden Valley is a safe and welcoming place - this is considered to be a marketing effort and would be best served by the City staff c. Keep updated list of resources (County, State,other) - This function could be served by the HRC, however the City staff was viewed as an alternative solution that perhaps better suited for consistency and accuracy in performing this task ,_. -� .. -� ,�-�. -.�.: t ° - �, .,_ :, ;�� __ __ . - .-�� ' - • - , - _ a�,....,�.:,� � `` � ,. ° r ,..„ . . . ._ . � , - r � --T... � .. _ .._... � - ,.�.. �, . ... .. . .._.,. ..... ..,..�_� .. .._ . :..-�.r .., '_.. ., .�... ..._. ._ . ,.... _.... ............. .Y ' ♦ss�• ...• _`.�"^"""'�-- ._...:._� . . .. ,;•�,.� . n! :... � - .. �t« > 'n�, •�r afs•�w�' , . ...�. N. >,�`" .-r � ry' _ ,� , s ._ . .. ,, . _... .�. ._,.. s��. �.«— � ..__ � ... - ._ �, .,,..�.-,-,.., >• , • _._- - .P _ ». � . _, �.,.;� �. * . . � • - .. . .�..�.� ., _�. . . . ,swro.-..y u.�s � f�i * r • ... . ' . .'�~� x .u, ,.e `♦ �'"*w+.:a�..,�r=. , . .. . . - ..— _ -.., . � '^; w• , . �... �*� .�:• a �r�w. �r.r�:...,,�.A,,,,. • «. �. � . ,. "' r '•'': �'� . .., . � � •..•.. •. .. � „ �� . � t ��rx< '7:• . ,_ �..�: •�.., .� „� ��, _. � � ,,.,.� � � �. ,. �� 4. HRC Member Expectations:the Task Force recommends that the Human Rights Commission members are held accountable through a clear set of expectations,that should include: a. Attendance h. Undergo training—keep current b. Transparency i. Be respectful of City Council c. Regular, announced meetings j. Take timely action d. Responsible to the City Council k. Respectful of public e. Non-political I. Broad spectrum of focus, include all f. Maintain open lines of communication groups g. Understand limits of authority 5. Issues for resolution: prior to moving ahead,the Task Force recommends that the Council resolve the following issues: a. Police/HRC Coordination:while the Task Force members understand and appreciate the value and importance of the Police Chief being a liaison to the HRC,there is a strong sense that the primary contact for HRC should be designated as someone/department other than the Police Department b. Council respectful of HRC work:the Council should be able to treat the Commission's work and members respectfully c. Have working session once a year with the City Council 6. Mission:the proposed mission for HRC is to "Help Promote and Nourish a Safe, Respectful, and Welcoming Community". The Attachments A, B, C, D,& E provide an overview of the process and discussions in greater detail. Be advised,there were different participants at each session,which created an unusual dynamic and need for bringing up to speed those who have not been part of the discussions at the previous sessions. The recommendations provided in this report are agreed upon by the eleven Task Force members who attended the session on September 13th(see front page picture). In response to the facilitators' request for comments and feedback on the final report, absent members provided additional thoughts that are represented in the Attachment E.These ideas were not consented by the entire group, therefore included as an Attachment E for fair representation of broad views and opinions in regards to the role and responsibilities of Human Rights Commission. ATTACHMENT A: Overview of the assignment and process According to City Code,the HRC advises and recommends to the Council in matters of equal opportunity and elimination of unfair discriminatory practices (City of Golden Valley official website).The Golden Valley City Council is soliciting feedback from residents on the need for a Human Rights Commission as an advisory body to the City Council. The purpose of the task force is to assess the need for and scope of a Human Rights Commission as an advisory board of the Golden Valley City Council. :�" . STEP I STEP II STEP III Purpose Activities Recommendations Is there a need for Human What are the events and What are the recommendations � Rights Commission? activities of HRC? to the Council? When:August 9`h When:August 20th When:August 29tn Objectives: Objectives: Objectives: � 1. Review background 1. Brainstorm various activities 1.Agree on core functions of HRC 2. Discuss needs of the and events the HRC can offer to 2. Develop recommendations to � Community the community the council on HRCs mission � 3.Identify need for HRC 2. Confirm the need for HRC as an advisory board to the Council � � Expectations: • Each meeting will be 3 hrs(6:00—9:00 PM) • Review and build on the work of a previous session • Each participant is valued and appreciated • Facilitator will be available throughout the process to answer questions or provide explanations Homework: Please review prior to the first session: 1)City Code as it pertains to HRC(advisory board roles and expectations); 2) Golden Valley HRC Bylaws;3) Universal Declaration of Human Rights;4)Golden Valley Police Department Bias Crimes Policy. ATTACHMENT B: Session I Summary ' ' ' � • Introductions and - Background Review � • Most Important Functions of • HRC � Facilitators: Richard Fursman and Irina Fursman � AGENDA: Expectations: as facilitators we will assist the group with focusing the discussion on the topic, provide the environment for productive and 1. Introductions effective thinking, encourage participation, create opportunities for 2. Process Review learning, and will strive towards consensus. 3. Expectations, Guidelines and Task Force Members Present: Denise Mazone,Alicia Kopp, Mickey Roles Greenberg, Dwayne King,Scott Charlesworth-Seiler, Michael Meyer, 4. Focus Question: Bernie Milstein,Christopher Jordan, Bill Devins, Steve Schultz,Jeffrey Is there a need for Prottas, Hilmer Erickson, Peggy Leppik, Sharon Soike H RC? Expectations: respect each other's views, contribute, but not dominate conversations, be on time, actively participate,do not litigate past issues,think future HRC,and provide substantive ideas. • • � • • , . . . i: . �'.+�xa, `�� .��: '� � 4_. Address and Bring to Light Outreach and Education Assess Needs and Advise and Educate ` Discrimination of Public Inventory Services Council - Insure the mechanism to address - Plan activities for G.V. - Survey the community on civil - Educate council incidents of discrimination constituents to avoid and and human rights practices in - Advisory group and sounding continues mitigate civil rights conflicts G.V. board for city council on policies - Problem identification and (advise,educate,resolve, - City Services(including HR affecting human rights remediation enforce) Commission)reflect the - Advise Council - Bring light to unfair practices - Facilitate educating the demographics of G.V.and their - A place for the public to take community needs(needs assessment) grievances or concerns involving - Educate community discrimination for resolution - Education of the public on - Acknowledge and react on matters of human rights discrimination - Outreach to community - Provide protected class an "entry"(info&advocacy)on � issues related to civil rights(i.e. � discrimination committee) ' l_._..... _ .. . ___...._��_...._. ,..__,__�_____...___.._..__........__...___.____._.___._.. �_. .,.. _..,_...m _._.__._.. _.____.__.__.._._....._.. _.....? ATTACHMENT C: Session II Summary ��°�1�k��,;�'.�;� ��°�t�;��;,q.,,. "� ' �' �� ' • Check-in & Review . • Response to Human Rights issues " & Opportunities to Promote � Human Rights in Golden Valley �.,,,�...____....,� HUMAN RIGHTS ISSUES IN G.V. ...,_ � .�.,,��,��r�Wcum�i��m�:Race At;EPJ Cr A: ` � __, ___,��_ •HRC Role: Hear complaint,assist person with resouces, refer to another agency •Alternative to HRC: Police Department Internal investigation,City and City Council ' 1, C:heck-in 2. P52VI?:`. s' Inaquality in education . r� ,: 3, Cornrn�initv needs . , $`.`' ; __ and opportunities •HRC Role:support value of diversity in schools, leverage reltionship with the City for HRC:response •Alternative to HRC:School Board, Educational Office, PTA/PTO,State Department : or contribution ey, ��i� Age 4. Confirrn HRt need _ ; ___.__.___. _ __ and;'or role • HRC Role: Direct to attorney or other resources •Alternative to HRC:Attorney,Mediation,State �� Disability _, _ �a Chance to tell story Education Resources Events: Create Advise the Council Community - Comfortable place to air - Share ideas and resources with other HRCs - Emphasize building - Resource for City Council to hear,screen grievances (other communities) community through events and make recommendations - Process in place to address - Opportunity to work w/neighboring agencies - We have diversity to - Review and recommend city human grievances - Opportunities:duplicates state/county celebrate rights policies upon request - Stand ready to hear and agencies - Sponsor community events - Protect the City defend human rights - Share ideas w/HRC network to bring the diverse - A body to inform and advise City - Access to many schools and school system community together(serve Leaders in the objective non-partisan - In the absence of HR responses---a body should as planning body) fashion be working to educate on human Rights issues - Organize human rights public ! - Educate on high expectations of Golden Valley education programs and to protect and defend HR events - Educational opportunities - Educate about laws and constitutional amendments i - Draw public attention to human rights issues - Bring awareness to recognize signs of abuse and provide guidelines Conclusion:After a careful individual review and group discussions, members of the Task Force shared their positions on the need for existence of the Human Rights Commission in Golden Valley. Several members expressed point of view that a city Human Rights Commission is redundant as other county and state agencies exist to address the same issues. Majority strongly believes in the value that the Human Rights Commission can bring to the community and that it is necessary to maintain the commission. The group wil/reconvene for Session lll with an assumption that there is a need for Human Rights Commission in Golden Valley.Address the mission and responsibilities of the Human Rights Commission and draft the recommendations to the City Council. There might be another meeting or two scheduled to complete this assignment. ATTACHMENT D: Session I11 Summary • Check-i n & Review � � � � � �� • Responsibilities for �9. . ��" addressing Human Rights �— ..... . .,. . .... .. ::�i Agenda: � 1. Check-in& � � •Needs � Review � •Background assessment HRC O� � ? Review �� 2. Define � � •HRCcurrent �Opportunities � :� ' alternative � to promote �� SOlutl011? � Responsibilities � structure human rights 3. Draft '� �= recommendation � � to the Council � � � Process Review � �° Task Force members have expressed their views on whether HRC should be the"vehicle"for addressing the Human Rights issues and/or promoting the Human Rights.There was neither clear consensus nor majority on one way or another(see the scale below).The committee was divided into two groups (count off, not the same groups as below)to explore responsibilities of a "BODY"that would be charged with promoting human rights through opportunities identified earlier: 1. Education and Resources to build awareness around Human Rights; 2.Creating Community through events and various activities;3. Provide a chance to tell a story(air grievances);4.Advise the Council on Human Rights issues HRC Alternative � _ :�, a.,�� ;�,�.M.��x :��.a�� - . �� . . �� *Peggy was on the"line",but even with her name under HRC the overall picture would not change significantly from clear consensus or significant majority point of view The exercise below provided the Task Force members with an alternative way of looking at the focused question: Is there a need for HRC?The responsibilities in each area can be carried out by one group (HRC or alternative)or various groups within the community. The discussion was focused on what can be done to promote Human Rights issues rather than addressing Human Rights issues directly(committee agreed that there are other agencies that are better equipped to handle the issues themselves).The consensus of the committee so far is that if there is a HUMAN RIGHTS BODY, it should be pro-active,fluid, and inclusive. WHAT ARE THE RESPONSIBILITIES OF HRC OR ALTERNATIVE BODY IN THE AREAS OF...? Chance to tell story Education& Resources Help euild Community Advise the Council - Comfortable place to air - Share ideas and resources with other HRCs - Emphasize building community - Resource for City Council to hear, grievances (other communities) through events screen and make recommendations - Process in place to address - Opportunity to work w/neighboring agencies - We have diversity to celebrate - Review and recommend city human grievances - Opportunities:duplicates state/county - Sponsor community events to rights policies upon request - Stand ready to hear and agencies bring the diverse community - Protect the City defend human rights - Share ideas w/HRC network together(serve as planning - A body to inform and advise City - Access to many schools and school system body) Leaders in the objective non-partisan - In the absence of HR responses---a body - Organize human rights public fashion should be working to educate on human Rights ; education programs,events,or __ issues seminars ReSpon5lblUty: ;� R25pO1151blllty: - Educate on high expectations of Golden Valley to protect and defend HR -COndUCt SuYVey(g81n DID NOT COMPLETE - Educational opportunities Responsibility: community feedback and - Educate about laws and constitutional amendments -Serve CC as an advisory board provide recommendations - Draw public attention to human rights issues -Cre2te OppOftUniti25 f01' on facts) - Bring awareness to recognize signs of abuse and provide guidelines (age�sm► dialogue in the community -report patterns of incident� i -Communicate that G.V.safe Responsibility: • - � _ � and welcoming place -Keep updated list/resources(County, ' _promote and facilitate HR State,other) issues in collaboration -Provide information in newsletter w/existing groups -Sensitize community at large to different groups ' -Educate on high expectations of Human Rights in Golden Valley � -Speaking/attending events/schools ATTACHMENT E: Additional Comments A different point of view(A): I respectfully reject the appropriateness of the recommendations made by the Task Force. After sitting through 9 hours of ineetings and reviewing data presented to the Task Force, I do not believe there is any legitimate need for a Human Rights Commission in Golden Valley, especially if it is to perform the multitude of tasks outlined in the recommendations. (The recommendations regarding the responsibilities of the HRC had no criteria to measure success or effectiveness). I have stated my reasons why I have come to this conclusion and I will state them again: 1. Previous surveys of Golden valley citizens did not indicate that Human Rights issues were foremost on citizen minds, but that taxes and safety were very much an issue for them. 2.The number of complaints to the city regarding Human Rights issues are minimal. 3.There are other county,state and federal avenues available to people if they believe there are Human Rights violations in housing, employment or police actions. 4. According to a recent Money magazine report of he top 25 places to live in the USA, Minnesota had 5 cities make the list and only one has a HRC(Eden Prairie) http://money.cnn.com/magazines/moneymag/best-places/2012/top100/index.. It appears that having a HRC does not necessarily add any tangible value to the" livability" of a community. 5. Only 47 of the 800 communities in Minnesota have a HR Commission so having one does not seem to be the standard in the State of Minnesota. I suppose one could argue that because GV had a HRC that HR issues are not a problem in Golden Valley. Since we have no data to back that up I am not inclined to think this to be true. After assessing all of these data points and listening to the spirited discussions over three meetings, it just strikes me that a Golden Valley Human Rights Commission is a solution looking for a problem. A different point of view(B): • We [two members] believe anyone on city payroll should complete diversity training annually, including the council. • Also,the GVPD should not only have a peer review of any discrimination claim against it,they also need to have better accountability with an outside review of complaints which could be the HRC or a like. • Bring Juneteenth back to Theodore Wirth Park in collaboration with Minneapolis • Reinstate the I have a Dream performances for Black History month at Perpich �t��1 C)� City Administration/Council 763-593-8003/763-593-8109(fax) '... ��e.. ..��..�� .'� -- ' ,�«,��,�'ar-r,�:.��- ._,-, �.:�..-'wa.�".:��:...h, �»�.�. ",'a .,... ��.�A„��:��.�.:. ��: ..s�. .d:..: °�.��. � Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 3. Electronic Reader Board Prepared By Thomas Burt, City Manager Summary Council Member Scanlon requested the item be placed on the agenda for discussion. The Golden Valley Women's Federated Club had funds available for the purchase of an electronic reader board. �l�"� C)� .��. � �.`�� Finance Department 763-593-8013/763-593-8109{fax} Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 4. City Council Member Vacancy Prepared By Susan Virnig, Finance Director/City Clerk Summary On Navember 6, 2012 Council Member Freiberg was elected to serve as State Representative for District 45B. His term will begin January 7, 2013. State law precludes him from serving in two offices at the same time. Council will need to adopt a resolution accepting his resignatian and declaring a vacancy on the City CounciL The Council will have two options to fill the vacancy. Either they appoint a council member or hold a specia! election. Information on the both processes is attached. If the Council were to hold a special election, costs would be higher than a normal city election. The City would have to bear the entire cost of programming election cards for acceptance of ballots and printing ballots for the election. The current polling places would have to be contacted for availability and election judges would have to be notified. Filing period, notice of election and sample ballot are all mandatory legal publications. The appointment process will have to be outlined for the acceptance of those interested in serving, interview process, and appointment. The last time the Council dealt with a vacancy was in 2004. Council Member Pentel was appointed to fill the vacancy. Attachments • Memorandum from Best & Flanagan dated October 29, 2012 (2 pages) • League of Minnesota Cities CitySpecial Elections dated September 2012 (27 pages) � Resolution 04-59, Resolution Declaring a Vacancy on the City Council dated July 20, 2004 (1 page) • News Release dated July 20, 20Q4 (1 page) • Interest Form for Appointment as Council Member (1 page) • City Council Member Position Description (2 pages) • Election Task Force Recommendation Report (6 pages) David G. Schelzel BEST&FLANAGAN LLP Attomey pIRECT 612.341.9719 225 South Sixth Street,Suite 4000 Minneapolis,Minnesota 55402 dschelzel@bestlaw.com re�612.339J121 vAx 612.339.5897 6ESTLAW.COM BEST & FLANAGAN Mema�andum DATE: October 29, 2012 TO: Allen Barnard FROM: David Schelzel REGARDING: Resignation and Appointment of Council Member You asked me to put together a summary of the process that should be followed by the City of Golden Valley should a current council member be elected to the state legislature in January. Summary. If a City Council member is elected to the state legislature, the member must resign from Cauncil prior to taking a seat in the state legislature. Ideally, the member should submit� a resignation effective as of the date he assumes his seat in the legislature, and Council should pass a resolution accepting his resignation and declaring a vacancy. The Council should then appoint an eligible person to fill the vacancy. The departing Council member cannot vote on his replacement, and the Council will thus consist of four members when an appointment vote is taken and the mayor will have the power to cast the deciding vote and make the appointment in case of a tie. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election, and there is more than two years remaining in the unexpired term, a special election to fill the Council seat (in addition and as a follow up to the appointment) is necessary, and the appointed person will serve until the results of the special eiection are confirmed and the person elected (which may be the same person as was appointed by Council) assumes his or her seat on the Council for the remainder of the term. Analysis 1. Council Member Resignation. Under the Minnesota Constitutian, a city council member may not serve as both a member of city council and the state legislature. Minn. Const., Art. IV, § 5. Prior to taking his seat in the state legislature, the council member should submit his resignation in writing to the Council. The resignation is effective when received by the Council, unless another date is specified. Minn. Stat. § 351.01 (2012). If the council member fails to submit such a resignation, the council may declare the vacancy effective as of the date he can no longer serve as a council member under Minnesota law (i.e., the date he assumes the state office.) See Minn. Stat. § 412.02, sec. 2b (2012). Memorandum October 29, 2012 Page 2 BEST & FLANAGAN 2. Appointment of a New Council Member. When a vacancy on city council occurs, the following rules apply: 1. The Council must appoint a replacement until an election is held. Generally the council will consider interested and qualified residents and appoint an eligible person to fill the vacancy. 2. A special election must be held to replace (or "affirm") the appointed person if(i) the vacancy occurs before the first day for candidates to file for the next regular city election and(ii) more than 2 years remain in the unexpired term. 3. A special election need not be held to replace the appointed person if(i) the vacancy occurs on or after the first day for candidates to file for the next regular city election or (ii) less than 2 years remain in the unexpired term. � Minn. Stat. § 412.02 (2012), The special election would be held at the same time as the next regular city election unless the council has specified by ordinance under what circumstances it will hold a special election to fill a vacancy before the net regular city election. It is my understanding that Golden Valley does not have such an ordinance. Thus, if the council member's current term on City Council expires on the first Monday in January 2016, there will be more than two years remaining in his term if and when he resigns to take his seat in the state legislature. The resignation and vacancy would also occur before the first day for candidates to file for the next regular city election. This would mean that a special election must be held at the next regular city election (in 2013) to replace (or elect) the person appointed by Council for the remainder of the departing Council member's term. 3. Resigning Council Member May Not Vote on His Replacement. A departing council Member is precluded from voting on his replacement, even if the effective date of his resignation were delayed so that he was available to participate in a vote on his replacement. Minn. Stat. § 415.15 (2012) ("No resigning member of a city council shall participate in a vote of the council to choose a person to replace the resigning member.") 4. Voting on a Replacement. City Council action on an appointment to the Council may be taken by resolution. The resolution must be passed by an affirmative vote of the majority of � the Council—in this particular situation, three or four members. In case of a tie vote, the mayor breaks the tie by making the appointment. Minn. Stat. § 412.02, subd. 2a (2012). 000090/480568/I 552575_1 2 GOVERNING & MANAGING INFORMATION O O ' . . City Spec�al Elect�ons L,EAGU E oF MINNESOTA CITI E S 215J.2 September 2012 The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent '�'�'"'�'�'�s'�'`""F ``��T legal guidance. Readers should consult with an attorney for s7.PnUE. MN ss1�3-zoa4 advice concerning specific situations. �itc�tvr:rc,St}2xi-�2at� O 2012 League of Minnesota Cities rai�FR�e:r800�9zs-i t?2 All rights reserved rnz:fciSl)2H1 12��? 1M'EH:41'WkY.I.MC'.t?RC; I. Introduction.....................................................................................................................................3 II. General election law applies...........................................................................................................3 III. Filling Vacancies in Elective Offices..........................................................................................5 A. Determining need..........................................................................................................................5 B. Timing...........................................................................................................................................6 C. Election administration.................................................................................................................6 D. Taking office.................................................................................................................................6 IV. Special elections on ballot questions..........................................................................................'7 A. Authorized yuestions....................................................................................................................7 B. Unauthorized elections on questions.............................................................................................8 V. Types of ballot question elections..................................................................................................9 A. Ballot question elections required by law.....................................................................................9 B. Ballot question elections called by council or by petition............................................................9 C. Optional ballot question elections...............................................................................................10 D. Reverse referenda or elections to revoke council action.............................................................10 E. Recall or removal from office.....................................................................................................10 VI. Petitions......................................................................................................................................11 A. Form of petition..........................................................................................................................11 B. Petitions with no legal effect.......................................................................................................13 VII. Ballot question special elections held by mai1.........................................................................14 VIII. Ballots.........................................................................................................................................15 A. Offices.........................................................................................................................................15 B. Questions.....................................................................................................................................17 C. Primary ballots............................................................................................................................18 IX. After the election.......................................................................................................................18 X. Conclusion.....................................................................................................................................19 Appendix A: Special elections on questions required by law.....................................................................20 Appendix B: Statutorily authorized special elections called by council or petition...................................22 Appendix C: Statutorily permitted special elections...................................................................................25 Appendix D: Council action subject to reversal by voters..........................................................................26 2 LEAGUE OF MINNESOTA CITIES I. Introduction Special elections are held so local voters can weigh in on a city-specific issue. There are two basic special elections: M�nn.scac.§2os.o�,sUba.2. . An election to fill a vacancy in public office. Minn.Stat.§200.02,subd.4. • An election to decide a question relating to the city that is lawfully submitted to the local voters. M�„n.stat.§zos.�o. For simplicity,this document uses"special election"or"ballot question"to describe any city election held to fill a vacancy or on a city-specific question. Special elections may be held at the same time as the general city or state election.Alternatively,special elections may be held at other times as long as the city holding the election meets the timelines and posting reyuirements in state law. City councils cannot hold special elections on questions unless authorized to do so by state law. When a special election is held in conjunction with a regular election, it is still called a special election. In other words,a special election does not become part of the regular election just because it is held at the same time. For example,a special election to fill a vacancy has a special heading on the general election ballot that says"Special election for council member to fill vacancy in term expiring........ " � Minn.R.8250.0390,sUbp.2. Best practice suggests,and on some election issues the law requires,that any city holding a special election on a city-specific issue consult the city attorney as far in advance as possible. II. General election law applies seorecary ofstate:2o�z ctry Cities must follow any requirements in the statute authorizing the special cierk Eie�tto„cu�ae. election. In addition,cities must follow general election procedures.For example,a city must ensure that all general election-related deadlines can be met before scheduling the election. For ballot yuestion elections,consider both general election law and the specific statute authorizing the ballot question. This means notice, publication,and posting reyuirements for elections on M;nn.stat.§zos.t6,sUba. �. filling vacancies and ballot questions are the same as those for a general city M�nn.stac.§a�3.i2�,sUna.2. election. Special elections on questions must be preceded by two weeks' published notice. Ten days' posted notice is optional.Fourth-class cities (under 10,000 in population)in non-metropolitan cities(generally outside of the seven-county metro area)may choose to give 10 days' posted notice instead of publishing notice. Election j udges who served at the last election may serve for the special election. City Special Elections 3 Msnn.scac.§2os.�6. When a special election is to be held at the same time as the general election, the notice of the general election and the special election may be included in the same notice.The notice should include wording to indicate that a special election will be held in conjunction with the regular election. In other words, the notice would state:the date of the election;voting hours;the locations of the polling places;the offices to be filled and the questions to be voted on in the regular election;and the offices to be filled and the questions to be voted on at the special election. tvt�nn.stat.§zos.t6,sUbd.a. The city clerk must provide written notice of an election to the county auditor at least: • Sixty-seven days before every city eiection held in conjunction with a regularly scheduled primary for federal, state,county,city,or school board office or a special primary for federal office. • Seventy-four days before every municipal election held in connection with a regularly scheduled general election for federal,state,county,city, or school board office or a special election for federal office. • Fifty-three days before any other municipal election. The notice must include the date of the election,the offices to be voted on, and the title and language for each ballot question. Mtnn.stat.§2os.io.M�nn. A special election ardered by the governing body of the municipality on its scat.§zos.�6,suba.4. own motion may be canceled by motion. Written notice of the cancelled special election must be provided to the county auditor at least: • Sixty-seven days before every municipal election held in conjunction with a regularly scheduled primary for federal, state,county,city,or school board office or a special primary for federal office. • Seventy-four days before a regularly scheduled general election for federal, state,county,city,or school board office or a special election for federal office. • Forty-six days before any other election. M�nn.stac.§a�o.2�. Where general election laws and charter provisions dealing with nominations, primary elections,and municipal office elections are inconsistent,the charter provisions control.In this case,general election laws apply only as far as they are consistent with the charter. Minn.Stat.§205.16,subas.z, The same ballot publication and posting requirements also apply.At least two 3 weeks before the election,the clerk must publish a sample ballot in the city's official newspaper. (A fourth class city not in the metropolitan county may M'°".stat.§4�3.12� dispense with publication.)At least two weeks before the election,the clerk must also prepare a sample ballot and make them available for public inspection in the clerk's office. 4 LEAGUE OF MINNESOTA CTTIES III. Filling Vacancies in Elective Offices M�nn.stat.§aiz.o2,sUba.2a. When a vacancy occurs in a statutory city council,the statutes provide that a M;n,,.scac.§2os.�o,suba.2. vacancy"shall"be filled by appointment,generally indicating that the action M�nn.scac.§6as.a4,sUba. ib. is mandatory. The attorney general has held that it is mandatory to fill A.G.Op.471-M(Oct. 18, vacancies in office. In certain situations,the city must hold a special election t9si>. in addition to making an appointment. When a special election is necessary, the council must appoint a person to hold the vacant position until voters elect Handbook,cnapcer 6. a candidate to serve in that position at the special election.Procedurally,the council should adopt a resolution that declares the vacancy.After considering sa�„Pie ResotUctop. interested and qualified residents,the council must appoint an eligible person to fill the vacancy. Where appropriate,the city council then calls for a special election. A. Determining need Mtnn.stac.§4�2.oz,suba.2a. In deciding whether a special election is necessary in a statutory city, look at Handbook,cnapteT 6,se�c;on when the vacancy occurred and the amount of time left on the unexpired IE;se°t�°°�F. term. To determine if a special election is necessary,the city must answer the following two questions: • Did the vacancy occur before the first day to file affidavits of candidacy for the ne�regular city election? • Do more than two years remain in the unexpired term? Minn.Stat.§412.02,sUba.2a. When the answer to both questions is"yes,"a special election to fill the Handbook,chapteT 6,se�c�on vacancy is necessary. If the answer to either or both of these questions is cE;Section 1F. "ri0,"a special election is not necessary. Where no special election is necessary,the appointed person serves for the duration of the term. Minn.Stat.§205.02,suba.2. In a charter city, look to the charter to determine how a vacancy should be M�nn.stat.§2os.io. filled. City charter provisions may govern how to fill the vacancy over a.G.oP.63-a-1 i�De�.20, eneral state law.For exam le if a charter rovides that a vacanc is filled 1966).A.G.Op.63-A-11 g P � p )' �apT�i za,�9�9>. by appointing a replacement for the remainder of the term(regardless of M�nn.stat.§2os.o2. when the vacancy occurs or how much time is left on the term),the charter provision overrides the requirement in state law that calls for a special election. Certain election law provisions do not apply to charter cities so charter cities should work with their city attorney on election issues. M�nn.s�t.§4�o.s3.M�nn. If the charter is silent on how to fill vacancies,the city may follow the same stat.§a�2.o2,sUba.2a. process as statutory cities.Consult the city attorney for specific advice on how to fill a vacancy. City Special Elections 5 B. Timing M�nn.scar.§a�z.oz,sUba.2a. A special election to fill a council vacancy may be held at or before the next regular city election.Many cities hold this type of special election at the same sampie o�a�nan�e. time as the next regular city election. ln order to hold a special election before the next regular city election,the council must adopt an ordinance that specifies under what circumstances it will hold a special election to fill a vacancy before the next regular city election.The city may choose to adopt an ordinance that addresses all future special elections on vacancies.An example of this would an ordinance that requires a special election every time a vacancy occurs within a specified period of time before the filing period for the next regular election. A different option would be to adopt an ordinance that addresses only one particular election;this type of ordinance would not apply to all future special elections. M�pn.stac.§64s.a4,s��bd.s. Generally, if an ordinance allows the city to hold a special election before the next regular city election,an election to fill a vacancy may be held on any day except a legal holiday. M�nn.scat.§ss�.oss. If it is certain that a vacancy will occur in the future and there must be a special election for the position,the city council may begin the process leading up to the special election so that a successor may be elected at the earliest possible time.For prospective vacancies that will occur as a result of A.G.Op.471-M(June 6, a resignation,preparations for the special election may begin immediately �9sa>. after the written resignation is received by the council. Cities should not appoint a person to a vacancy before the vacancy exists. C. Election administration xanabook,cnapt�T s. A special election to fill a vacancy is administered in the same manner as a se�recary ofscate zoi2 c�ry general election.This means that the same notice requirements must be cleTk E�ection Gu�de. followed. Similarly, filing for the office takes place in the same way for both general and special elections. D. Taking office Minn.Stat.§204D.02,suba.2. Generally,the terms of elected city offices begin on the first Monday in A.G.Op.471-M(Nov.23, January following the election. However, in a special election to fill a 1999> vacancy,the new council member is eligible to qualify and take office upon receipt of an election certificate. 6 LEAGUE OF MINNESOTA CITIES IV. Special elections on bailot questions A. Authorized questions M�nn.stac.§2os.io,subas. �, State law refers to"special elections on questions,""public questions,"and 5 "ballot questions"when discussing citywide votes on questions voters have M;nn.scat.§zos.oz,suba.2. legal authority to decide. A"ballot question" is a proposition placed on the Minn.Stat.§211 A.OI,suba.z. ballot to be voted on by the voters of one or more political subdivisions but not by all the voters of the state.The secretary of state uses the term"city question ba11oY'on the example ballot.This memo uses the terms"ballot question election"and"special election on a question"to refer to a local special election on a city-specific question. All of these terms mean an election, or vote,on a city-specific issue.Even A.G.Op.484e-1 (Oct.5,2000>. though this election may coincide with a statewide election,it is a separate or special election.One example of a ballot question is whether a city will issue licenses allowing local restaurants to sell liquor with meals on Sundays, sometimes called a"Sunday liquor"election. Most statutes giving local voters the power to vote on a ballot question tvi�nn.stat.§2os.�o,suba. �. contain some additional information,from phrasing the question on the ballot to the number of votes reyuired to pass the ballot question. A.G.Op.159a-3(May 24, Cities may spend a reasonable amount of money to educate voters on relevant t966>.A.�.op.4�6-8-2�apT. facts relatin to the ballot uestion. In uttin out materials to educate the 29,1954).A.G.Op.442-A-20 � 9 P g �Jut io,�9s2�. voters,the city cannot also promote a certain outcome of the vote. This is LNtc�neotrnaaon me�„o, because cities generally cannot expend public funds to support or oppose a Pubt"Pu'p°Se�xpe"d'tu'"es. ballot question.However,there is a limited exception to this general rule State auditor's Statement of « » where a state act or proposal could have a direct and substantial effect on Position Expenditure of Public FUnas on aauot cssue the interests of a specific city. If the city is considering whether or not to Advocacy(July,zoos).a.G. spend public funds on promoting or opposing a ballot question,the city Op.(June 30,2006��«fo�»ai should seek specific legal advice from the city attorney. letter opinion). Minn.R.8250.0390,sUbp.2. A ballot question must have a title and the city attorney must review that title s�seot�on v►ii:aallors. to determine whether it accurately describes the question asked;the title Minn.Stat.§205.10,5uba.3. cannot be used on the ballot until approved by the city attorney.A special M�„n.stac.§bas.44,subd.s. election on a ballot question may be held at the same time as a general M;nn.stat.§Zos.�o,subas. �, election or at any other time but no special election on a question may be held 5 within 40 days after the state general election or on a legal holiday s��etary of state zo�a c�ry The notice of a special election(whether published or posted)must clearly Clerk Election Guide.See also, Handbook,cnaPteT s. state the question.As under general election law,the clerk must also publish a sample ballot at least one week before the election in the official newspaper,except that Fourth Class cities may dispense with publication. The clerk must post a sample ballot in each polling place and in the clerk's office at least four days before the combined special and general election.The city must follow all other requirements for the city general election. City Special Elections '7 a.G.op.6ao�sept.2�,�9�z�. The law relating to ballot question elections generally applies to both Minn.Stat.§205.02,suba.2. statutory and charter cities. If charter provisions specifically provide for M�nn.stac.§4�o.s3. ballot question elections then,generally speaking,the city can hold the special election pursuant to the charter rather than state law. If the charter is silent on the issue,the city may apply statutory law governing special and general elections. Consult the city attorney for specific legal advice on charter interpretation. B. Unauthorized elections on questions Borgelt v.City ofMinneapolis, Voters and city councils often ask about holding an advisory election on 271 Minn.249,135 N.W.2d controversial or OIIt1Ca11 sensitive decisions facin 3 Clt State law overns 438(1965).Alexander v.City p �' g �'• g of Minneapolis;267 Minn. I55, whether a city can hold a local election on a particular topic.For statutory �2s tv.w.za sss(�963).c�ry of cities,state law explicitly gives local voters the authority to vote on certain Birclnvood Village v.Simes, s�6 tv.w.2a ass�M�np.cc. topics. Without specific legislative authority,city councils may not hold a App. 1998).Village of special election. In other words,the state legislature delegates certain powers Brooklyn Center v.Rippen,2ss to statutory cities;this delegation functions both as a grant of power and as a Minn.334,96 N.W2d 585 (�9s9�.a.G.op.4�6-s-ts restriction. Cities possess only those powers specifically given by the state (De�. »,�9ao>.A.G.oP.4�z- legislature or implied to carry out the delegated power. Generally speaking, o�Mar.20,i96>>.a.G.op. �,ithout the le islative rant of s ecific authorit a statutor cit cannot act. � �sse-a��anUary�9,�9s6�. g g P Y Y Y A.G.Op.59a-32(January 25, 2002). Therefore,the state legislature decides if local voters possess the authority to vote on city-specific issues in statutory cities.The legislature gives city n�tuehrtng v.s�hool D�sr.No. councils the power to make decisions on most local issues but councils do not 31 ofStearns County,22a have the ower to re-dele ate this decision-makin authorit to local voters. Minn.432,28 N.W.2d 655 p g g y (M�nn. �9a�>. Minnesota courts ha�e determined that a city council has no authority to pass their decision-making power to voters when the legislature delegates that power solely to city councils. A.G.Op. 185b-2(May 3, In addition,a city council has no authority to spend public funds on an 1967). A.G.Op.185b-2 unauthorized s ecial election.No matter how minimal the cost and even if �aUgUSt2z,�96��. P See LMC information memo, money to hold an unauthorized election is donated to the city,the attorney Pub[,�Purpose EXpena,rures. general finds it is an invalid use of public funds.Neutral surveys sent out by a city seeking feedback from city residents on generic topics such as city services generally are not special elections. A.G.Op.63-A-11(Aug.26, Likewise,charter cities may hold an election on a topic only if the charter or �96s�.a.�.op. i sse-2�1an. statuto law s ecificall allows it.The attorne eneral re eatedl finds that �9,i 9s6�. rY P Y Y g P Y charter cities must find specific authority for a special election in either the charter or statutory law. Best practice suggests charter cities consult the city attorney for specific legal advice and interpretation of the charter provisions relating to special elections. g LEAGUE OF MINNESOTA CITIES M�nn.scat.§a�2.22i,suba. There are two exceptions to the rule prohibiting advisory elections.First,a 33. statutory city council has authority to hold a special election on whether the city should join a special district or similar independent governmental body having taxing powers. This question may be submitted to city voters at a se��etary ofscate 2oiz c;ty general or special election,but the results are only advisory,not binding on Clerk Election Guide. the council. Second,the Secretary of State's Office considers a vote to adopt a city charter an exception to the rule against advisory elections.Note that state law specifically authorizes both of these advisory elections. Most statutes giving local voters the power to vote on a ballot question Mtnn.st�t.§zos.�o,suba. �. contain some additional information,from phrasing the question on the ballot to the number of votes required to pass the ballot question. V. Types of ballot question elections In statutory cities,and in charter cities where the charter is silent on the method,ballot question elections on authorized subjects occur in a number of ways. A. Ballot question elections required by law Appendix A Special elections A number of subjects require a special election before the council finalizes an on quest`o"S req'"`red by 1""�. action on a particular matter.The council proposes the action in a question,a proposition,or an ordinance and voters either adopt or reject the council's action. Minn.Stat.§340A.504,suba. One common example of a ballot question election required by law is the sale 3��> of intoxicating liquor on Sundays.A city may issue licenses to sell Appendix A Special elections on guesnons reyutred by 1�. intoxicating liquor on Sundays only if the voters approve the council action at a special election on that question. B. Ballot question elections called by council or by petition Appendix B Statutorddy On other topics,there are two ways that a special election may arise: authorized speceal elections called by council or subject to . The council may pass,by a majority vote of a quorum, a motion calling pet`r`°n. for a special election on an authorized question. Minn.Stat.§205.10. A.G.Op.476-B-15(Dec. 17, • The council must order a vote on a ballot question if it receives a �9ao�.A.G.op.4n-o(Mar. sufficient petition. State rule governs petitions. 20,1961). Minn.R.ch.8205. See Section IV:Petitions. City Special Elections 9 M�n,,.scat.§2os.�o. A special election ordered by the city council on its own motion may be n�t�nn.stat.§2os.�6. cancelled by motion of the governing body. However,the council may not cancel a special election less than 46 days before the election. If the special election is cancelled,the clerk must provide written notice to the county auditor not less than 46 days before the election. C. Optional ballot question elections M�nn.sc�t.§n�s.o2. A few statutes allow ballot question elections after receiving a petition but do Appendix C:Statutorily not require them. Changing the name of a city is one example where the Permtrreaspe�;atete�rtons. council may submit a ballot question to local voters after receiving a petition but the statute does not require it. D. Reverse referenda or elections to revoke council action Appendix D:Council action In narrowiy applicable situations,eligible voters may petition for a special subject to reversal by voters. election to reverse a particular council action.Referenda are votes of the electorate on a particular subject.Because voters petition for the chance to reverse a council action,this type of special election is commonly known as a reverse referendum. seotton iv:Pertr�ons. The particular statute allowing a petition to reverse the council governs these special elections. State rule governs the form of petitions.Typically,voters have only a certain number of days to submit a petition calling for a vote to reverse a previous council action. Reverse referenda are unusual; consult the city attorney for specific legal advice. E. Recall or removal from office Local voters often ask if the city can hold a vote to remove a particular local se�rion iv:vnaurhoYr�ea official from office in a special election.As discussed previously,voters in ete�r�ons on 9uesrtons. statutory cities have only those powers delegated to them by the state Minn.Stat.§35t.o2(5). legislature.Currently,voters in statutory cities have no authority to petition Minn.Stat.§41020. fOT,or vote on,removing an elected official from the city council. In some M�nn.const.arc.vlti,§6. situations,councilmembers lose office by operation of law,for example if a Jacobsen v.Nagel,255 Minn. 300,96 rr.w.za s69��9s9�. person is convicted of a felony;but there is no authority to remove officers by , a vote. tvttnn.stac.§3s�.o�. Charter cities may have limited authority in the charter to remove elected Minn.Const.art.VIII,§s. officials. Recall elections in charter cities are limited by the Minnesota M�nn.star.§4�0.20. Constitution. The charter may allow for a recall election to remove an elected srare ex Yet.Nrarnn v. official due to malfeasance or nonfeasance in the performance of his or her Burnquist,141 Minn.308,»o duties. To constitute malfeasance or nonfeasance the conduct must affect the N.W.201(Minn. 1918). srare eX Yet.xtnset�A v. person's performance of official duties rather than conduct that affects their Eberhart,ii6 M�nn.3�3,�33 personal character as a private individual. All ofthis is a fact specific rr.w.ss��Mtnn.t9i i�. determination so charter cities must consult the city attorney before seeking an election to recall or remove a city official from office. 1 O � LEAGUE OF MINNESOTA CITIES VI. Petitions In statutory cities,petitions submitted by voters requesting an election on a M�nn.stat.§2oaa.o��. legally authorized question must comply with state law and rule. State rules set by the Minnesota secretary of state govern the form,circulation,signing, M;nn.stat.§Zos.�o,suba.2. filing and inspection of petitions. If a city charter specifically addresses petitions,the charter provisions may prevail over state law and rule. A. Form of petition M�nn.x.�n.a2os. Minnesota state rules include detailed requirements regarding petitions.This section is only intended as a general overview of petitions, so be sure to consult the rules when working with a petition. cvt�nn.x.szos.�o�o. A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long.Each petition page must have both a short title describing the purpose of the petition and a statement summarizing the purpose of the petition. For petitions seeking to get a question on the ballot,each petition page may have a statement of 75 words or less summarizing the ballot question.Each petition page must include the following statement:"All M�nn.x.szos.�o2o. information on this petition is subject to public inspection."The language on the petition must be no smaller than 10-point type. Petitioners may circulate photocopies of a sample petition page. ivt�nn.a.a2os.�o�o. Each petition page must have no more than 10 signature lines.The signature lines must be consecutively numbered. Each signature line must have space for the date of signature;a signature;the signatory's year of birth;printed first,middle,and last name;and residence address,municipality,and county. M�nn.x.s2os.toto. Each petition page must have a signer's oath in no smaller than 12-point bold type. The signer's oath and the signature lines must be on the same side of the paper. If the form of the signer's oath is not specified by statute,the following oath must be used: "I swear(or affirm)that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." M�n�.a.a2os.�o�o. Each petition page must include the following statement immediately above the signature lines: "All information must be filled in by person(s)signing the petition unless disability prevents the person(s)ftom doing so." 1. Filing a petition Minn.R.8205.1040;M;np. The city clerk accepts petitions as the filing officer. State law defines the stac.§zi�a.o�,subd.7. "filing officer"as the officer authorized by law to accept affidavits of candidacy or nominating petitions for an office or the officer authorized by law to place a ballot question on the ballot. City Special Elections I 1 M�n,,.R.a2os.�oao. The person filing the petition must submit the entire petition at one time to the clerk. The petitioners may submit the petition by mail,messenger, or similar delivery service. Filing of a petition is effective upon receipt by the cierk. Petition pages must not be altered by anyone except the clerk for verification purposes after the petition has been filed. M�nn.a.s2os.�oao. The clerk must provide the person filing the petition with a receipt for the petition.The receipt must include the type of petition filed;the name, address,and telephone number of the person submitting the petition;the date on which the petition was filed; and the total number of pages in the petition submitted. 2. Number of signatures required on petition As used here, a"sufficient petition"means the required number of voters sign M;nn.stat.§zos.�o. the petition.Typically,this is a percentage of voter's signatures from a previous election. Sometimes the specific statute authorizing a petition does not indicate what percentage of voter signatures a sufficient petition needs. The default in state law requires that the petition contain the signatures of a number of voters equal to 20 percent of the total number of people who voted Minn.Stat.§645.26,sUba. �. at the last city general election.However,a number of statutes authorizing petitions for special elections provide a different number of signatures needed for a valid petition. The more specific law prevails and acts as an exception to the general law. Practically speaking cities should consult the city attorney if a question arises regarding the number of signatures required on a petition. 3. Counting percentage of voters required for � sufficient petitions Even where the specific state statute lists a particular percentage of voter signatures,state 1aw provides guidance for tabulating that percentage. Minn.Stat.§200.039. • If a statute requires that a specific number of people who voted in a previous election sign a petition then the statute must be read to mean that any currently eligible voter may sign the petition--and their signature counts when tabulating the percentage of voter signatures required. • Thus,the statute must not be read to restrict eligibility to sign to only those individuals who were eligible to cast ballots or who actually did cast ballots in the previous election. �2 LEAGUE OF M[NNESOTA CITIES 4. Sufficiency of petition M�nn.R.s2os.�osa The clerk must inspect the form of the petition to determine if it complies with all form and filing requirements. The clerk need only determine Anderson v.Ciry of Duluth,2�9 substantial compliance with regard to any type size on the form. The clerk Minn.50,155 N.W2d 281 must also ins ect the etition to determine whether it has been si ed b the (Minn. 1967).Williams v. p p � y Donovan,253 Minn.493>92 required number of signatories and whether the signatories meet the N.W.2d 915,�tvt�nn.t9sa). applicable eligibility requirements. The rule does not address how the clerk M�nn.stat.§zoi.o9�. verifies eligibility of the signatories but case law implies checking lists of seoretary of state Frequent�y registered voters and eligibility to vote. If the petition has not been signed by Askea Q°est'°°5-Pet't'°" the required number of qualified signatories,the clerk must notify the person Signatures. who filed the petition: • That the petition has not been signed by the required number of signatories. • The number of additional signatures needed for a sufficient petition. M�nn.x.szos.�oso. If the time for circulating the petition has not expired,the petitioners may collect additional signatures and submit them at one time to the clerk before the circulation period expires. cvt�nn.a.s2os.�oso.tvt�nn.R. If the petition satisfies the form requirements and has been signed by the szos.�o�o. required number of qualified signatories during the applicable time period, the clerk must notify the person whose name is on the petition receipt that the petition is sufficient. Mtnn.x.azos.�oso. The clerk must complete the verification of a petition as soon as practicable, . but no later than 10 working days after the day on which the petition was filed. i"re Refe'"e"au"�to Amend Courts take notice of how difficult it is to prepare and to circulate petitions. Ciry of Grand Rapids, n��„neSOra Mun.Ete�r�ons Frequently citizens,not skilled in the technical aspects of the law,prepare Ordinance No.04-08-I1,tvo. such petitions. Courts typically exercise extreme caution in ruling petitions 3i-cv-os-s�9s�M�nn.cc. out on mere technicalities and view petitions as the result of democracy ApP. JUty�s,2006) �,orkin at the rassroots level. Consider workin with the cit attorne on (unpubtished decision). g b' g y y Bogen r.Sheedy,3oa M�nn.62, handling any petition irregularities. 229 N.W2d 19(Minn.1975). B. Petitions with no legal effect A.G.Op.472-0(Jul.31,i9sa�. Citizens have the right to petition the city council on any issue. Such petitions may have a political effect but unless a state statute or city charter authorizes the petition,it has no legal effect.In other words,the council does not have an obligation to act on the petition,but it may certainly discuss the issue. City Special Elections 13 VII. Ballot question special elections held by maii M�nn.stat.§zoaB.46. A city may hold a ballot question special election by mail.(This is a slightly M�nn.►i.s2�o.3000. different process than holding a regular election by mail.)The only required Secretary of State 2012 Mail location for a polling place in a ballot question special election held by mail voctng cu�ae. is the office of the county auditor or city clerk.No offices may be voted on. Notice of the election must be given to the county auditor at least 53 days prior to the election. The special mail ballot procedures must be posted at least six weeks before the election. M�nn.stat.§zoaa.a6. The city clerk must mail ballots by nonforwardable mail to all registered M�nn.R.s2io.s000. voters in the city no earlier than 30 days or later than 14 days before a special se�retary ot'scate 2012 Ma�� election on a question.No later than 14 days before the election,the clerk vot�ng cu�ae. must make another mailing of ballots to those voters who registered to vote M�n,,.scat.cn.Zo3g. after the initial mailing,but before the 20�'day before the election.Eligible voters who are not registered at the time the ballots are mailed may still apply for ballots in the same manner that one applies for an absentee ballot under Chapter 203B. M�nn.scac.§2oaB.46. The clerk must appoint a ballot board. The board may consist of staff trained Minn.Stat.§205.075,suba.a. as election judges.Election judges must be from different major political M�nn.scat. §2osa.t o. parties unless the law provides otherwise.The ballot board examines the return envelopes and marks them"accepted"or"rejected"within three days of receipt if there are 14 or fewer days before the election,or within five days of receipt if there are more than 14 days before election day. M�nn.stac.§zoas.a6. If the ballot is accepted,the clerk must mark the roster to indicate the voter M�nn.scat.§2o6.a6. has cast a ballot in that election.After the close of business on the fourth day before the election,the accepted return envelopes may be open,duplicated as needed,initialed by the ballot board, and deposited in the ballot box. In all other respects,state election laws governing deposit and counting ballots applies.No vote totals may be made public before the close of voting on election day. M�nn.scac.§2oag.46. If an envelope has been rejected at least five days before the election,the ballots in the envelope must remain sealed and the clerk must provide the voter with a replacement ballot and return envelope. If the ballot is rejected within five days of the election,the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts to contact the voter. �4 LEAGUE OF MINNESOTA CTTIES VIII. Ballots M�nn.scat.§2oas.is,sUba. Cities must use optical scan ballots for all elections,even if the city will hand ��b� count the ballots. Also, each precinct must have at least one AutoMARKTM He�p a�„er�oa voce aot,Pub>>� system,which allows voters with disabilities to vote independently. Law 107-252,301(a)(3)(B). M�nn.scat.§2oas.36,sUba. t. AutoMARKTM systems only read optical scan ballots.Because optical scan se��etary of state 2o�z c�ry ballots must be used for the AutoMARKTM systems and because every voter cierk Eieot;on Gu�ae. must use the same ballot,all cities must now use optical scan ballots for all se�Tecary of scate s�,pie elections. General Election Ballot. Sample General Election Ballot Explanatory Notes. n�t�nn.scac.§zo6.9o,subd. t An optical scan voting system is an electronic voting system where the voter records votes by marking with a pencil or other device,including an electronic ballot marker,a ballot on which the names of candidates,office titles,party designation in a partisan primary or election,and a statement of any question accompanied by the words"Yes"and"No"are printed. M��,n.stac.§206.90,Suba.6. When using an optical scan voting system,all offices and questions appear on Minn.Stat.§204B.36,suba. i. the same ballot. The ballot must be printed in black ink on white paper M�nn.x.szso.o3o0.M�nn.R. except that marks not to be read by the automatic tabulating equipment s2so.�s�o. may be printed in another color ink. Ballots are no longer printed on blue or green paper. The paper used for ballots should be of sufficient weight to prevent the printing from being discernible from the back,as close as possible to thirty-pound paper. se�retary ofscace zo�z c��y Contact the county election official to coardinate ballot responsibilities. cieTk Eie�t�on Gu�ae. During state election years,the county auditor must coordinate city and township ballot preparation.The auditor provides specific instruction to cities as to ballot preparation. rvt�nn.sr�t.§2os.o2,sUbfl.2. There are certain election law provisions that may not apply to charter cities so charter cities should work with their city attorney on formatting the ballots. A. Offices n�t�nn.stat.§206.90,subd.6. When more than one of the following offices is on the ballot,the offices must appear in this order: City Special Elections 15 • FEDERAL OFFICES. • STATE LEGISLATIVE OFFICES. • CONSTITUTIONAL AMENDMENTS. • COUNTY OFFICES AND QUESTIONS. • CITY OFFICES AND QUESTIONS. • TOWN OFFICES AND QUESTIONS. • SCHOOL DISTRICT OFFICES AND QUESTIONS. • SPECIAL DISTRICT OFFICES AND QUESTIONS. • JUDICIAL OFFICES. M�„p.R.s2so.�sto. The name or number ofthe appropriate municipality,school district,or special district may be added directly under the types of offices. Election rules further spell out how this section of the ballot must be designed, as well as the order of offices and questions under each general category. Minn.R.8250.0385,subp.z. When a special election is held in conjunction with a regular election,the M�np.x.s2so.is�o. vacant offices must be listed with the offices of the same type but after any M�nn.stac.§2os.i�,sUbd.s. offices for which candidates will be elected for a full term. The names of the candidates to fill a vacancy in the office of a council member in a statutory city shall be listed under the separate heading"Special election for council member to fill vacancy in term expiring........,"with the date of expiration of the term and any other information necessary to distinguish the office. Under the heading for the office of mayor shall be the words"To fill vacancy in term expiring ............." For charter cities,consult the charter to see if the charter provides the process for special election candidates to be placed on the ballot. If the charter is silent,the city may follow the provisions for statutory cities.Consult the city attorney for specific legal advice. M�nn.R.azso.�s�o. Under each of the offices listed above,one of the following instructions must be printed: • VOTE FOR ONE TEAM • VOTE FOR ONE • VOTE FOR UP TO. . . (followed by the number of candidates to be elected). Handbook,cnapce�s,se�c�on Below the instruction,the candidates' names should be listed. Below the ni F sattors. name of the last candidate for each office,there must be write-in lines equal M�nn.scac.§zoas.36,sUba.z. to the number of candidates to be elected for that office,allowing voters to Minn.Stat.§206.90,sUbd.6. �,�,rite in the names of persons not on the ballot.The line for write-in votes Mt„n.x.szso.osoo. must contain the words "write-in, if any." If no one has filed for an office, only write-in lines appear below the title of that office in a number eyual to the candidates to be elected for that office. 16 LEAGUE OF MINNESOTA CTTIES � B. Questions Minn.R.8250.0390,subP.z. Ballot questions appear after offices on an optical scan ballot.The heading M�nn.►t.s2so.�a�o. must read"CITY QUESTIONS"and be printed in uppercase letters.Below this caption,the instructions must read: "To vote for a question,fill in the oval next to the word"YES"for that question.To vote against a question,fill in the oval next to the word"NO"for that question."Depending on the type of ballot used,the instructions may instead read: "To vote for a question, complete the arrow next to the word `YES' on that question.To vote against a question,complete the arrow next to the word `NO' on that question." Minn.R.8250.0390,subp.2. When there is more than one question on the ballot,each question must be M�np.R.s2so.tsio. designated by a number.Each question must be labeled"CITY QUESTION" followed by the number assigned to the question, Minn.R.8250.0390,Subp.2; The city clerk or council must also provide a title for each question on the Minn.R.8250.1810 ballot.The title must not contain more than 10 words.The city attorney must review the title to determine whether it accurately describes the question asked and the title cannot be used on the ballot until approved by the city attorney. The title must be printed in uppercase letters and must be printed above the question to which it refers. The body of the question must be printed in uppercase and lowercase letters. M�nn.scac.§zoaB.36,sUba.3. A concise statement of the question must be printed on the ballot. The words Minn.Ra825008.90,Subd.6. "yes" and "no"must be printed as close to their corresponding vote targets as possible. Be sure to check the statute that authorizes the ballot question to see if the statute specifies how the question must be asked. tvt;r,n.stat.§z�s.bo. Any question submitted to the voters that authorizes issuing a general obligation bond,a property tax levy,or tax rate increase must include on the ballot the following notice, in bold type:"BY VOTING `YES' ON THIS BALLOT QUESTION,YOU ARE VOTING FOR A PROPERTY TAX INCREASE."This statement is printed in addition to any other provisions that govern the contents of ballots questions. Where the question is about issuing debt obligations,the statement may be supplemented by a description of revenues pledged to payment of the obligations that are intended as the primary source of payment. M�nn.scac.§2�s.6�,sUba. �. Any ballot questions about a levy must state the maximum amount of the M�nn.stac.§2�s.6�. increased levy as a percentage of market value and the amount that will be raised by the new referendum ta�c rate in the first year it is to be levied.This does not apply to tax levies for the payment of debt obligations that are approved by the voters after June 30,2008. City Special Elections 17 C. Primary ballots M�„n.scac.§zoo.oz,subas.3, Some cities hold primary elections for city offices. In a primary election, 5 voters choose the nominees for the offices to be filled at a general election. Handbook,Chapter 5. �J]leri a Clt with rimaries holds a s ecial election to fill a vacanc a s ecial Secretary of State 2012 City Y P � P y� p cieTk Eieot�on GU�ae. primary may be necessary.Optical scan primary ballots are very similar to se�retary ofscate sampte general election optical scan ballots. Primary Ballot.Sample Primary Bailot Explanatory Notes. IX. After the election Handbook,cnapteT s. As with any election,a special election candidate may request a recount.Any se�retary of staze zo�z c;�y candidate or voter may also contest the special election.A recount or contest cieTk eteot�on cU�ae. of a special election should be handled in the same manner as a regular election contest M�nn.scat.§zo4c.36,subd.s. A discretionary recount may be conducted at city expense for a ballot question when the vote is close,meaning a difference between the votes for and the votes against the question is less than or equal to one-half of one percent of the total votes counted for that question or 10 votes or less when the number of votes cast on that question is 400 or less. ivt�nr,.stat.§Zoac.36,suba.s. The recount may be requested by any person eligible to vote on the ballot question and must be accompanied by petition signed by 25 voters also eligible to vote on the question.When the written request is received and the difference between the votes for and the votes against is less than that mentioned above,the city must recount the votes for the question at its own expense. If the difference is greater,the person requesting the recount must also file a bond,cash,or surety in an appropriate amount set by the council. The written request,petition,and any bond,cash,or surety must be filed during the time for notice of contest for the election for which the recount is reyuested. Handbook,cnapter s. The same post-election steps and procedures that the city follows for general elections should also be followed after a special election. M�nn.stac.§aoag.4o. The city clerk must retain all special election materials returned to them after Handbook,cnapcer z�.zo>> any election. State law and the records retention schedule require retention of �e"eTai Re°°`as Rete°t'°" election materials for at least 22 months from the date of that election unless Schedule for Minnesota Cities (��ry m�st aaopc�. otherwise ordered by a court order. If someone challenges the results of a special election in an election contest,all materials involved must be retained for 22 months or until the contest has been finally determined,whichever is later.Abstracts filed by canvassing boards must be permanently retained by the officer with whom the abstracts are filed. Sealed envelopes containing voted ballots must be retained unopened,unless law otherwise provides.The ballots must be stored in a secure location.The clerk must not permit any voted ballots to be tampered with or defaced. �8 LEAGUE OF MINNESOTA CITIES X. Conclusion Conducting elections is one of the most important responsibilities local officials have,particularly city clerks.Working through both state election law and the specific statute authorizing a special election provides cities guidance on how to hold special elections and hear directly ftom local voters on city special election issues. City Special Elections 19 Appendix A: Special elections on questions required by law Topic Statute Procedure Other information Issuance of general Minn.Stat.§ When council resolves to issue Notice of election may contain one or more obligation bonds 475.57-.59. such bonds it must submit the ballot question for acquisition, (commonly called GO question to the voters at a general construction,or improvement of any bonds). or special election.If it fails,the facilities at one or more locations.Ballot question must not resubmit for question shall state maximum amount and 180 days. purpose of the proposed bond issue. May city with municipal Minn.Stat.§ Special election required before Commonly known as"split liquor" liquor store issue licenses 340A.601,subd. city can issue certain on-sale election.(For sample ballot,see LMC to sell on-sale intoxicating 5. private licenses in cities with a information memo,Liquor Licensing and liquor to hotels,clubs and municipal liquor store. Regulation.) restaurants. License to sell Minn.Stat.§ City may issue Sunday liquor See LMC information memo,Liquor intoxicating liquor on 340A.504,subd. license only if vote on question Licensing and Regulation. Sundays. 3(c). passes at general or municipal election. Imposition of local sales Minn.Stat.§ Council adopts specific Question must be submitted to voters at tax permitted by special 297A.99,subd.3. resolution on local sales ta�c. general or special election before �aw. approval to collect the tax is requested from the state legislature. Increase or decrease Minn.Stat.§ Council must submit question to Council adopts ordinance at least 60 days number of city council 412.02,subd.6. voters to increase or reduced the before the next regular city election. members. number on council to 7 or 5 Ordinance must include a schedule of new members. elections and terms.Change effective if majority of those voting on the question are in favor of it. Combining cities. Minn.Stat§ During 1 s`or 2"d year of Vote held according to general election 465.82.Minn. cooperation,special election must law,on same day in each city.May repeat Stat.§465.84. be held on combination. election once in following year if it fails. Charter election. Minn.Stat.§ Notice of election must contain See statute for ballot question.Charter 410.10. complete charter;publish once a election must be held within 6 months of week for two successive weeks in delivery of draft charter to council.If no the official newspaper or legal general or city election,within 90 days of newspaper of general circulation. delivery of the d�aft charter. Construct,purchase or Minn.Stat.§ Questions on the establishment of Law requires separate election for lease municipal gas,light 412321,subd.2. utility and bond questions may be manufacture of gas or generation of power,or heat utility. combined or separated.Election electricity unless voters approved both may apply to a particular utility generation or production and distribution service or group of services. within the last two years. L,ease,sale of Minn.Stat.§ Must submit ordinance or Approval requires 2/3 vote of those voting abandonment of 412321,subd.4. resolution to lease,sell or on the question.Election may apply to any municipal utility. abandon to voters at general or specific part of utility as described in municipal election. ordinance or resolution. City acquisition of a Minn.Stat.§ Council resolution effective only Election must be held not less than 60 or public utility. 216B.45-.46. if ratified by voters at a special more than 120 days after council election. resolution. 2O LEAGUE OF MINNESOTA CITIES Municipal utility in first Minn.Stat.§ City of first class must submit Council must pass ordinance stating class cities. 452.11-.12. question to voters before question or proposal.Vote must occur acquiring or constructing any within 30 days of ordinance passage. public utility.May submit question of certificates at same election. Municipal Minn.Stat.§ Must submit question before Approval by majority ofthose voting telecommunications 237.19. purchase,acquisition or unless proposal is to construct a new services. construction. exchange where an exchange already exists,then 65%must approve. Additional tax levy Minn.Stat.§ Council shall provide for Notice of election must be given and must pursuant to this law. 275.73. submission of question on state pucpose and maximum yearly amount additional levy at a general or of the additional levy. municipal election. Tax levy for municipal Minn.Stat.§ Must submit question on Ordinance or resolution refened to must airport. 360.037. ordinance or resolution to voters list amount of levy or bonds. unless bonds are authorized by a resolution of the city council adopted by a vote of not less than 60 percent of its members. Establishment of inerit Minn.Stat.� Any 2"d,3`d or 4`"class city must See statute. system. 44.02. submit a question to voters on an ordinance establishing a merit system. Amendment to merit Minn.Stat.§ No police or fire civil service See statute. system. 44.03. commission may,by ordinance, exclude a position unless 2/3 of voters so vote. City Special Elections 21 Appendix B: Statutorily authorized special elections called by council or petition Note: In all statutory and home rule charter cities,the primary,general and special elections held for choosing city officials and deciding public questions relating to the city shall be held as provided in Chapter 205. Some of the provisions in Chapter 205 do not apply in charter cities if the charter specifically addresses them. Minn. Stat. 205.02,subd.2. Topic Statute Procedure' Percentage of voters Other information required on petition Fate of municipal Minn.Stat.§ Council motion or 5%of registered voters. Continue or discontinue special liquor liquor store with net 340A.602. upon sufficient store within 30 months of election, loss in any 2 of 3 petition council according to results. consecutive years. shall submit . question to voters. Additional on-sale Minn.Stat.§ Council decision 30%of voters in last city See statute for ballot question.Clerk liquor licenses above 340A.413,subd. to submit yuestion election or 200 registered must ceRify results of a referendum statutory limit. 3(a). to voters. voters residing in the city within ten days of the election. whichever is less. Issuing intoxicating Minn.Stat.§ Upon sufficient 30%of voters in last city See statute for ballot question.Clerk liquor licenses. 340A.416. petition,council election or 200 registered must certify results of a referendum must submit voters residing in the city within ten days of the election. question to voters. whichever is less. Abolition or transfer of Minn.Stat.§ Council decision IS%of the electors voting at See statute for ballot questions. a statutory city utilities 412.391. or upon su�cient the last previous city election. commission. petition council must submit question to the voters. Adoption or Minn.Stat.§ Council decision I S%of the electors voting at See statute for ballot questions.City abandonment of an 412.551. or upon sufficient the last previous city election. clerk must file certificate of election optional plan A or B petition council (including question submitted and vote form of government. must submit on question)with county auditor and question to the secretary of state. voters.Z Authorization or Minn.Stat.§ Upon sufficient 10%of voters from last See statute for ballot questions. revocation of a taac levy 449.10—.13. petition,council general municipal election. for a municipal band, must submit orchestra or chorus. question to voters. Authority may be revoked by same process. 1 Council may initiate many of these actions and act as prescribed by the vazious statutes citied.However,if a sufficient petition is submitted the council generally must put the question to voters on a separate ballot in a municipal election. Z City must wait three years after adoption of plan A or B before submitting question to voters proposing abandonment of either pla�. 22 LEAGUE OF MINNESOTA CITIES Dissolution of a city. Minn.Stat.§ Voters petition of 1/3 of those voting in the last The ballots used at such election shall 412.091. Office of Strategic preceding city election. beaz the printed words,"For Dissolution" and Long-Range and"Against Dissolution,"with a square Planning(now the before each phrase in which the voter Chief may express a preference by a cross.See Administrative statute for additional procedures. Law Judge).'.If sufficient,director holds hearing orders election. Charter amendment. Minn.Stat.§ Charter 5%of the total votes cast at Many procedural requirements in the 410.12. commission the last previous state general law.See statute and Chapter 4 of the motion or upon election in the city. Handbook for Minnesota Cities. sufficient petition charter, commission must submit question on amendment. Abolition of police Minn.Stat.§ Sufficient petition 25%of voters in last general See statute for ballot question. civil service 419.16—.17. initiates election city election. Commission abolished only if two-thirds commission. on question to of votes cast in election are in favor of abolish. abolishment. Abolition of Minn.Stat.§ Upon sufficient 25%of voters in last general See statute for ballot question. firefighter's civil 420.14-.15. petition-unless city election. Commission abolished only if two-thirds service commission. commission has of votes cast in election are in favor of existed for 8 years abolishment. continuously. Abandonment of inerit Minn.Stat.§ Council may 25%of electors voting at the See statute for ballot question.Requires system. 44.16. initiate or upon last general municipal majority vote to abolish unless board sufficient petition, election. supplanted a police or firefighter's civil council must service commission—then two-thirds submit question to vote to abolish required. voters. City consolidation. Minn.Stat.§ Council resolution A number equal to 5%of See statute for information petition must 414.041. of each affected resident voters who voted for include regarding the consolidation and city or upon governor at the last general names of parties entitled to mailed sufficient petition election. notice;Petitioners serve copies of the council must petition or resolution on all of the submit question to included municipalities. voters. Resolution to create a M inn.Stat.§ Council of each ]0%of the number of voters See statute for ballot language.Petition hospital district. 44731,subd.3. city so resolves or voting at the last general must present text of proposed resolution upon sufficient election. and request an election.Special election petition council may be held at a regular municipal must hold special election that falls within the 30-day election within 30 period. days of petition filing. Separate assessment Minn.Stat.§ Council motion or 25%of those voting at the Election judges present ceRificate of and election districts 412.081,subd.2. upon sufficient last preceding city election. result to counciL Clerk must file from town. petition council certificate with the county auditor and,if must submit vote to separate prevails,with the question to voters. secretary of state.Sepazation takes effect 30 days from date of election. 'In 2003,Reorganization Order No. 188,transferred all functions of the Director of the Office of Strategic and Long Range Planning pertaining to municipal boundary adjustments,to the DepaRment of Administration.In 2005,Department of Administration Reorganization Order No. 192, transferced all functions to the Commissioner of Administration to the O�ce of Administrative Hearings.The Chief Administrative Law Judge is the ultimate decision-maker in boundary adjustment proceedinga City Special Elections 23 Discharging a charter Minn.Stat.§ Petition requesting At least 5%of the registered Commission is discharged if a majority commission. 410.05,subd.5. a referendum to voters in the city. of the votes cast discharge the support the referendum. charter Another chaRer commission may not be commission is formed sooner than one yeaz from the filed with city date of discharge. clerk. Establishing public Minn.Stat.§ Upon sufficient Not less than 5%of the If a majority of the votes cast on the lib�ary service 134.08,subd. 1. petition,council number of persons who question are in the affirmative,the (altemative to Minn. must submit voted at the last general governing body shall establish the Stat. 134.07). question of election in the city or library or shall provide public library establishment or county. service and levy an annual tax for its provision ofpublic support. library services to the voters at the next general election. Discontinuing public Minn.Stat.§ Upon sufficient Not less than 5%of the Only applies ifthe public library service library service. 134.08,subd.2. petition,the number of persons who was established under Minnesota Statute question of voted at the last general § 134.08,subd.1. discontinuance of election in the public library city or county. If a majority of the votes cast on the service shall be question are in the affirmative,the placed on the library service is discontinued. ballot at the next general election. Starting mosquito Minn.Stat. Upon sufficient 5%or 250 propeRy owners Ballot must read""Shall the abatement program. §18G.14,subd.3. petition,council whichever is less. (governmental unit)of.......engage in must hold public mosquito abatement?"If a majority votes heazing.If council in favor,the council must take does not adopt appropriate mosquito abatement actions resolution to start as soon as possible.If the proposal is program within 15 rejected,the question must not be days,council must resubmitted to voters for 2 years. order a vote to be taken at next regulaz election. Discontinuing Minn.Stat. Upon su�cient 5%or 250 property owners The ballot must read"Sha11 the mosquito abatement §18G.14,subd.4, petition,council whichever is less. (governmental unit)of.......discontinue program that began 5 must hold public mosquito abatement?"If a majority votes after election. heazing.If council in favor,the council must take dces not adopt appropriate actions to discontinue resolution to mosquito abatement as soon as possible. discontinue If the proposal is rejected,the question program within 15 must not be resubmitted to voters for 2 days,the council years. must order a vote to be taken at next regulaz election. 24 LEAGUE OF MINNESOTA CITIES Appendix C: Statutorily permitted special elections Topic Cite Procedure Other information Special(tocal)laws.4 Minn.Stat.§ Council may submit to voters City must file certificate with secretary of 645.021,subd.2. question on adopting special state before first day ofnext regular law. legislative session.Certificate must state facts necessary to validate approval, including a copy of the resolution or if submitted to the voters,votes for and against. Changing city name. Minn.Stat.§ When 20%of voters petition for City may by ordinance change the name if 413.02. name change,council may majority vote in favor of changing city submit question to voters at name.Applies to charter and statutory general or special election. cities. Funding community Minn.Stat.§ Council may submit question to Held at a general or municipal election. hospital from municipal 447.045. voters on contributing from city liquor funds. liquor store funds towazd acquisition,construction, improvement,maintenance and operation of community hospital. Divert public works Minn.Stat.§ Council may submit question to Must state how funds will be used. reserve fund. 471.57,subd.3. divert funds for other purpose. 4 See INFORMATION BRIEF:Minnesota House of Representatives Research Department,Special Legislation. City Special Elections 25 Appendix D: Council action subject to reversal by voters Action Cite Procedure Percentage of Other information voters required on petition Council adopts ordinance Minn.Stat.§412.021, Voters must submit 10%of the number of Held at general or special increasing initial council subd.5. petition within 10 days of voters at the election. salaries. ordinance publication. incorporation election. If councils of 2 or more Minn.Stat.§414.041, Special election required Number equal to 10% Petition must be submitted cities resolve to subd.6. where councils of of voters who voted within 90 days of vote to consolidate. combining cities approve for governor at the consolidate or date of final consolidation but voters last general election. order,whichever is later. petition to vote on the action. Council adopts charter Minn.Stat.§410.12, Petition submitted within At least 5%of the If the city has a system of amendment by ordinance. subd.7. 60 days of passage and registered voters in permanent registration of Minn.Stat.§410.12 publication of ordinance. the city or 2,000, voters,only registered whichever is less. voters are eligible to sign the petition. Council adopts ordinance Minn.Stat.§205.07, Within 180 days after 10%oftotal number Special election must be to change year of city subd.3. passage and publication of of votes cast at the held within 60 days. election. ordinance,petition last municipal general requesting a referendum on election. the ordinance may be filed with city clerk. Council action to buy real Minn.Stat.§412.221, Special election must be Number equal to 10% property where contract subd.2. held if,after publication of of the number of price on certain contracts council resolution to voters at the last exceeds 024177 percent purchase property by such regular city election. of the market value of the contract,voters petition for ��h' an election the action. If council resolves to issue Minn.Stat.§412.301. Special election must be A number of voters A majority of the voters certificates of indebtedness held if,after publication of equal to]0%of those must approve a question on in an amount that exceeds council resolution to issue voting at the last issuance of such certificates 025 percent of the market such certificates,voters regular municipal at a regular or municipal value of taxable property petition for an election on election. election. in the city. the action. If a city council passes,a Minn.Stat.§475.58, Special election must be 10 voters must submit City shall issue no such resolution to issue bonds subd.2. held if,after publication of petition For an bonds unless a majority of to fund or refund bonds council resolution to issue election on issuing the the electors approve the where the outstanding such bonds,voters petition bonds within ten days action. gross debt as defined in for an election on the after the second law exceeds 1.62%of its action. publication of the market value. resolution. If a city council passes a Minn.Stat.§475.58, City may issue bonds only 5%of votes cast in Petition must be filed with resolution to issue bonds subd.36. after successful vote on the last general city city clerk within 30 days of for street reconstruction. question to issue same. election. public hearing. Ciry council passes a Minn.Stat.§469.053, Law requires specific 5%of voters in the Commissioner of revenue resolution-increasing lery subd.5. published notice,public last general election. prepares suggested form of for port authority over hearing and 2"apublished question.Referendum must statutory amount of notice.Petition for election occur at municipal or 0.01813%of ta�cable must come within 30 days general election before Oct. market value. of 2nd notice. 1 of applicable taac year. 26 LEAGUE OF MINNESOTA CITIES City council passes a Minn.Stat.§469.]07, Law requires specific 5%of voters in the Notice of election must resolution-increasing levy subd.2. published notice,public last general election. state the purpose and for economic development hearing and 2"d published amount of the levy.The over statutory amount of notice.Petition for election election must be held at a 0.01813%of taxable must come within 30 days general or municipal market value. of 2"d notice. election. Any two or more cities and Minn.Stat.§44731. Resolution takes effect in 5%of the number of towns pass resolution by 40 days unless,in that voters voting at the 2/3 vote of council time,a petition for a last election of members to create a referendum is filed with officers. hospital district.s the city. City council votes to Minn.Stat.§471.572, Resolution or ordinance A number of qualified Vote held at regular or establish,by a two-thirds subd.2. takes effect unless,within voters greater than municipal election.See vote of all its members,by 10 days,a petition for an 10%of the number statute for publication and ordinance or resolution an election is filed with the who voted in the city notice requirements. infrastructure replacement clerk. at the last general reserve fund and may levy election. for such fund. City council passes by 3/5 Minn.Stat.§475.521, Published notice and 5%of votes cast in Cannot issue bonds after voteb to issue capital subd. 2(c). public hearing required. last general city receiving petition unti! improvement bonds for Petition for election must election. approved by a majority specific purposes. come within 30 days after vote. hearing. 5 Except a city ofthe 6rst class.See Minn.StaY.§4447,31,subd.]. 6 In the case of a goveming body having more or less than five members,the bonds must be approved by a vote of at least two-thirds of the members of the goveming body. Minn.Stat.§475.521,subd.2. City Special Elections 2'7 Resolution 04-59 July 20, 2004 Member Grayson introduced the following and moved its adoption: RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL WHEREAS, Council Member Blair Tremere has tendered his resignation from the City Council effective July 21, 2004; and WHEREAS, it is necessary for the City to declare a vacancy on the City Council; NOW, THEREFORE, BE IT RESOLVED, by the City Gouncil of the City of Golden Valley that effective July 21, 2004 it hereby declares a vacancy in the position of Council Member on the City CounciL Linda R. Loomis, Mayor ATTEST: Donald G. Taylor, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis and Shaffer; and the following abstained: Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. N ews Re/ease ,�uiy Zo, zoo4 For Release July 21, 2004 Contact: Tom Burt, City Manager . 763-593-8003 Goiden Valley City Council Seeks Applicants To Fill Vacancy Left B Y Tremere's Resignation A vacant seat on the Golden Valley City Council, left by Council Member Blair Tremere's July 6 resignation, wiN be filled by an appointment made by the four remaining Council Members. Tremere resigned to begin a new job July 21 as Director of Community Development for the Metropolitan Council. The newly appointed Council Member will serve out the rest of Tremere's term, which ends January 3, 2006. People interested in being considered for appointment to the vacant Council seat can obtain an "Interest in the Position"form from City Council Administrative Assistant Judy Nally at 763-593- 3991. Applicants must return the form, along with a current resume, to City Hall by . City government experience and involvement will be important considerations in the selection process. If you have questions about the appointment process, contact Judy Nally at 763-593-3991. -30 - GOLDEN VALLEY CITY COUNCIL INTEREST FORM FOR APPOINTMENT AS COUNCIL MEMBER DESCRIPTION OF POSITION This appointment is for approximately 1.5 years to finish the term of Blair Tremere. The City Council meets regularly on the first and third Tuesday of each month at 6:30 pm. Your presence is also required at the regular Council/Manager meeting held on the second Tuesday of the month at 6:30 pm., which is held immediately after the Housing and Redevelopment Authority (HRA) meeting. All Council Members also serve as the HRA. The HRA meets on a quarterly basis or as necessary on the second Tuesday of the month at 6:30 pm. Additionally, there are a variety of special meeting at which your presence is required. Each Council Member also accepts additional responsibilities representing the Council and the City on other boards and committees. The City Council position requires a substantial time commitment. Name Address Zip Code Email Address Home Phone Work Phone Why do you wish to serve on the Golden Valley City Council? List any specific committees or commissions you have served on relating to city government. List other Golden Valley community activities you have been involved in. List other activities you have been involved in which you feel add to your qualifications. �;, �' POSITION w� � � � .� x. � � DESCRIPTION Title: City Council Member Status: Part-time, Salaried Elected Official Accountable to; Citizens of Golden Valley SUMMARY OF POSITION To identify and discuss issues impacting the City of Golden Valley,receive and consider public input, make appropriate decisions in a manner which encourages full and open discussion, and exercise all the powers that State Statutes and City Ordinances empower to the City, Mayor and Council Members to lawfully govern the community. A. ESSENTIAL DUTIES AND RESPONSIBILITIES 1. Regularly and thoroughly prepares for each City Council Meeting. * Reads and reviews agenda materials supplied. * Becomes familiar with the City Comprehensive Plans, Plan B Statutory form of government, City Budget, Capital Improvement Plan(CIP), City Policies, and other City documents that impact City policy. * Conducts site visits as appropriate. * Solicits and receives input from affected parties and the general public. * Contacts affected parties to solicit input. * Participates meaningfully in consideration of agenda items. * Participates in discussion of issues, including requesting additional data and/or considering various personal perspective: both from a Council Members/Mayors personal perspective, as well as the citywide perspective and proposals before the Council. * Actively listens to ensure a complete appreciation of each proposal and the respective positions of the petitioner, affected parties (businesses, residents, etc.), and the City staff. * Responds to constituent requests for information or assistance with problem resolution. * Acts as liaison between the City and the general public. 2. Participates in special study subcommittees or task forces to provide information for City Council consideration. * Assumes responsibility for accomplishing necessary research either by talking to appropriate individuals or requesting that the staff undertakes appropriate research. * Assumes a constructive and active role in the output of the task force. 3. Appoints the City Manager and City Attorney and annually evaluates the performance of the City Manager. 4. Establishes and modifies goals and objectives for the City. * Sets administrative policies. * Establishes public policy for the City. * Ensures the enforcement of City ordinances. City Council Member 5/2007 Page 1 5. Reviews and approves an annual budget and tax levy. 6. Reviews and approves a capital improvements program for the City. * Views the long-range perspectives of the City. * Formulates the policies to solve future issues and adjust to social and economic trends. 7. Serves as Council Liaison to City commissions or other outside agencies serving Golden Valley. * Creates advisory boards, commissions and task forces. * Conducts City business with state and federal agencies * Participates in intergovernmental programs and the work of the League of Minnesota Cities. * Participates in civic events providing leadership and promoting new ideas and new programs to improve the community and its surrounding area. 8. Sets and Interprets Rules Governing its Own Proceedings * Preserves order at City Council meetings. * Establishes rules of procedure. * Encourages attendance of inembers at meetings and addresses non-attendance. * Identifies actual or potential conflicts of interest occurs and abstains from the related votes. B. MINIMUM REQUIREMENTS 1. Elected by Golden Valley residents. 2. Must meet the State Requirements for Holding Office: a. Eligible to vote in Minnesota; b. Have not filed for the same or any other office at the upcoming primary or election; c. Will be 21 years of age or more at time of assuming office; d. U.S. citizen; e. Residents of the city for at least 30 days prior to the election C. ATTENDANCE 1. Monthly Attendance of Meetings is required with an approximate per month time commitment consisting of 30-50 hours. * Expected to attend all regularly scheduled and special council meetings each month. * If appointed serves as HRA Commissioner and attends all HRA meetings. * Serves as liaison to one or more commissions or committees as appointed. * Expected to attend community events as possible. Approved By: X Date X Date City Council Member 5/2007 Page 2 Etection Task Force Recommendations Report Purpose of Elections Task Force The City Council formed the Election Task Force in March 2006 to study City election processes. Task Force members further defined their mission to consider various facets of the eleetion process in terms of how tMose processes encourage participation and invalvement in civic affairs and voting in Golden Valley. The recommendations contained in this report are inclusive versus exclusive and seek to foster citizen participation in the electoral process. The Task Force considered even versus odd year elections, finro-year versus four-year mayoral terms, Council salaries, a possible City primary election, the process for filling vacancies on the Council, a code of ethics for candidates, and other topics. Some topics originaily scheduled for discussion, such as election by a ward system and instant runoff voting (IRV), were d'eemed to be outside C'rry control due to statutory limitations. This does not mean there may not be continued interest in these topics by the Council or residents of the City. The Task Force was made up of the following members Gary Cohen, Chair Anne Bargen, League of Women Voters representative Jackie Dietz Lynn Gitelis Cindy Reichert Jorge Saavedra Khamben Sanavongsay � Marshall Tanick Jeff Cater (Former Chair, resigned 5/06) Staff Liaison Sue Virnig, Finance Director Staff Liaison Edie Emst, Accounts Receivable/Elections Assistant The Task Force held its organizational meeting in March where it was determined that the most effective study of the issues would include information gathered from Minnesota Statutes and ordinances and policies of the City of Golden Valley, as well as policies and practices of other comparable cities. It was agreed at fhe onset that the opinions of Golden Valley citizens should be an important part of the study. A"Voter � Fai�' open house was held on September 27 to share information with and receive input from our residents. In addition, regular communication about Task Foroe activities was provided through the City's web site and newsletters. The Task Force met monthly for approximately two hours each meeting. The information that follows is the culmination of several months of study on the issues. The Task Force wishes to thank the City of Shoreview for their 1992 Election Task Force Report. This report provided us with a wealth of information for the topics we discussed, Golden Valley now joins Shoreview as one af the few cities in the state of Minnesota to create an Election Task Force. Even/Odd Year Elections Issue: Should the City maintain its current schedule of odd year elections or move to elections held in conjunction wifh State and Federal elections in even years? As a Statutory Plan B City, Golden Valley may choose whether to hold municipal elections in an odd or even year cycle. Golden Valley currently holds elections in conjunction with the Hopkins and Robbinsdale School Board elections in odd years. Discussion centered on voter turnout, the cost of running an independent municipal election and practices of other comparable cities. A sunrey of other cities was conducted. The Task Force considered the pros and cons of each election cycle. Research indicated that even year e�ections.are less costly and voter turnout is much higher. Because even year elections attract a higher turnout, its likely more citizens would participate in the election ofJocal officials. Odd year elections help to maintain local identity and provide more media coverage for local candidates and issues. The cost of campaigning may be less for candidates that do not need to compete with state and federai candidates for resident interest. Odd year elections are also historically less partisan. An annual November election creates a mindset of civic responsibility and keeps election laws and rules fresh in the minds of election judges. Moving to an even year cycle would also force the finro school districts to hold elections independently of the City, or to change their own election cycle. Discussion on voter tumout concluded that even though voter turnout may be higher in an even year election, voters may not be educated on local issues. Even in even year elections, there is drop-off from votes for national/state issues to local issues. Task Force members were unanimous in their belief that a greater effort on increasing voter turnout and awareness of local issues should be made, regardless of which election cycle was recommended. This election process may.best be undertaken as a partnership with community groups or in cooperation with other government partners. Citizen input received at the Voter Fair shvwed that seven persons favored even year elections and�ten persons favored odd year elections. Task Force discussions also reflected a discrepancy of views by its members on this subject during lively discussian: Recommendation: Golden Valley's municipal elections should remain on an odd year cycle. The Task Force further recommended thaf'greater efforts should be made to increase voter awar�sness and tumout in local elections. Those efforts could include g►�eater coverage via tlle New Hope/Golden Valley Sun Post, Northwest Community Television (Cable 12), Golden Vailey's newsletter and web site, as well as otfier media. Additionally, Golden Valley staff should a/so explore the use of non-traditional sources for municipal election publicify. Mavoral Term Issue: Should the term of the Mayor remain a two year term, or should the term be a four year term? The Mayoral term in Golden Valley is currently a two year term while all City Council Member terms are four years. Commission members contacted other Plan B cities to ask the following questions: • What is the current Mayoral term length in your city? - • Do you have a preference for term length? • If sa, what is the reason for your preference? Responses indicated that eight of the finrelve cities surveyed preferred a four year term length. Reasons stated were that the four year terrn allowed more time to establish relationships and trust within the constituent base. Four years also allowed more time to learn the job and take on Iarge-scale issues. Some responders believed the longer term provided more continuity and stability for the City. Some cities stated that with a finro year term, campaigning becomes burdensome and can distract the Mayor from other issues. Fourteen citizens surveyed at the Voter Fair preferred a four year term and three persons thought the.term should be just two years. Recommendation: The Task Force strongly suppvrts a move to a four year Mayoral term. Establishing the longer term lengfh will require adjustments in election cycles. The process used to accomplish that change will require further consideration. Council Salaries Issue: Is the current level of compensation for Mayor and Gouncil Members appropriate? The Task Force reviewed Council and Mayor salary comparisons. In addition to the salary amount, #he Task Force considered how the City could attract a more � diverse group of candidates for Councii and Mayoral seats. Ideas broughf forth included: increased monetary compensation, tuition reimbursement and other education benefits, the opportunity to participate in City insurance plans, and reimbursement for meeting and travel expenses related to the work of the � Council Members. The Task Force questioned how an ordinance pro'viding additional benefits for Council Members wQUld be enacted, and what authority the city has to provide non-traditional forms of compensation. The group considered the premise that Council salaries may be considered to be symbolic. They discussed the purpose of Council compensation and the effect compensation and benefit levels may have on potential candidates and their decision to run. Responses from the Voter Fair indicated that seven persons believed the Council • salary should be increased, and eight believed the salaries should not be increased or should stay the same. Recommendation: The Task Force recommends further deliberation by the City Council in settinq compensation limifs and offers the following considerafions to guide that Gouncil discussion: �. Consider role of salaries in decision to run; encourage access of under- represented communities in seeking and holding office; define what the symbolic role of compensation means fo members of Council. 2. �ouncil "across the board increase"in sa/aries; stipend to be at or near the top of salary sca/e for like communifies. 3. Enact ordinance that will provide for cost of living increase, Council stipend or some other"objective measurement". 4. Should include enhanced benefits, such as tuition reimbursement, as a means of encouraging Gouncil participation; c/asses taken should be relevant to Cify business and there should be "some"maximum on reimbursement amount. Process for fillin� vacancv on Council Issue: Is the process currently in place for frlling vacancies on the council adequate? Task Force members invited City Attorney Barnard to join in the discussion on this topic. State law requires the City Council to appoint a replacement to serve a out the balance of the term in the case of a vacancy. Council has the authority to adopt an ordinance calling for a special election to fill a vacancy, or to determine the process it will use to make a Council appointment. Given the cost of a special election and the rarity of vacancies,the Task Force agreed that the laws currently in place provide adequate guidance. Also given the fact#hat vacancies may occur for differing reasons and at different times, the option for flexibility in determining an appropriate process for filling a vacancy is important to maintain. The Task Force also reviewed statute sections regarding removal of a Council Member and determined that no additional options exist for the City on this topic beyond current statutes. Recommendation: We recommend no changes to the current process for frlling Council vacancies. Code of Ethics Issue: Should Council adopt a local Code of Ethics beyond that which is called for in statute? As part of this study, Task Force members reviewed a document analyzing the City's resolution and applicable state laws submitted by City Attorney Barnard, City ordinances that have been studied appear by their language and previous interpretations to prohibit board and commission members from providing monetary support or personal support to candidates f.or elective City positions. Current ordinanc�s and statutes prohibit quid pro quo and similar wrongful behavior. In light of recent Supreme Court decisions, including White versus Republican Party of Minnesota, it is clear that the court supports the broadest interpretation of freedom of speech and financial involvement in election�. Board and commission members are among the most active Golden Vailey citizens and there should be no prohibition on this type of involvement that is allowed by other Golden Valley residents. . Additionally, the Task Force encourages the City Council to study whether a voluntary campaign code of ethics should be adopted for Golden Valley municipal elections. The L.eague of Women Voters "Minnesota Compact on Campaign Standards" could be reviewed as a model for such a voluntary code. Recommendation: City Council should review relevant City ordinances and remove restrictive language regar�ding boarrl and commission member involvement in Cify elections in concert with r�ecent court rulings and prevailing law. The Task Force encourages fhe City Council to study whether a voluntary campaign code of ethics should be adopfed for Galden Valley municipal elections. Municivai Primaries issue: Shouid the City have a municipa/primary? The Task Force studied recent municipal elections in Golden Valley and noted that large numbers of persons have not filed for municipal o�ces. Shouid a trend of larger numbers of individuals filing for municipal office be seen in the future (for example, more than double the number of people filing as to be elected), the topic of the advisability for a primary should be revisited. Recent legislative changes to require schoof boards to hold primaries have been met with resistance. � Recommendation: A municipal primary is not appropriate or needed at this time in Golden Valley. Conclusion The Golden Valley Elections Task Force hereby submits this report to the City Council with the recommendations outlined above. Members found the assignment interesting and rewarding. During flur discussions, we learned that there is an orientation package for Council candidates. Based on what we learned as a group during our meetings, the Elections Task Force would be willing to help review and revise fhis package to provide for more informed candidates for municipal o�ce in Golden Valley. Should Council wish to assign the Task Force to further study of these or any other related issues, please do not hesitate to reconvene its members. Respectfully Submitted, Chair Gary Cohen �Z��1 �� Public Works Department 763-593-8030/763-593-3988(fax) ._��=" : .-�.... ` �:a'�-��'_: ' .:' . Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 5. Discussion Regarding CenterPoint Energy Franchise Fee and Xcel Energy Franchise Agreement Modification Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary At the September 11 and October 9, 2012 Council/Manager meetings, staff presented a plan for a franchise fee on CenterPoint Energy to provide funding for several necessary City infrastructure improvements. The Council directed staff to finalize the proposed ordinance for review at the November 13, 2012 Council/Manager meeting and to initiate the communication efforts necessary to advise the community of the proposed ordinance. Further, staff was directed to review the Xcel Franchise Ordinance and place it in the meeting as well. The draft CenterPoint Energy Franchise Fee Amendment Ordinance has been prepared for Council review. The ordinance provides for no required sunset on the fee, but includes provisions for review every two years. The rates established under this proposed amendment are as follows: Flat Monthly Rate Class Rate Residential $2.00 Firm A $22.50 Firm B $22.50 Firm C $22.50 Dual Fuel A $206.00 Dual Fuel B $206.00 Large Volume Dual Fuel $206.00 The classifications shown as Firm A through C and Dual Fuel A through Large Volume Dual Fuel are commercial and industrial rates based on their usage and ability to switch to an alternate fuel use when demand for natural gas is high. The above rate structure amounts to approximately $510,000 in yearly revenue for the City. As was done with the Xcel franchise agreement, and seems to be customary, the ordinance also states the City will not collect permit fees from CenterPoint for their future work within the City's right-of-ways. The revenue received in past years from permit fees is approximately $11,000 per year. The following schedule provides an approximate timeline for implementation of the proposed ordinance: Adoption of Franchise Agreement with CenterPoint Energy May 2003 Council/Manager Meeting- CenterPoint Franchise Fee Discussion September 11, 2012 Council/Manager Meeting- CenterPoint Franchise Fee Discussion October 9, 2012 Council/Manager Meeting- CenterPoint Franchise Fee Discussion November 13, 2012 Council Meeting- Cal) for Public Hearing November 20, 2012 Publication of City Newsletter with information about the new Late November, 2012 ordinance and a News Release (newsletter published prior to call for public hearing) Publication of City Newsletter with Public Hearing for New Ordinance Nov/Dec 2012 Publication of News Release December 1, 2012 Council Meeting- Public Hearing for First Consideration of Proposed December 18, 2012 Ordinance Council Meeting- Public Hearing for Second Consideration of Proposed January 2, 2013 Ordinance Publication of Adopted Ordinance (effective on January 11, 2013) January 10, 2013 Commencement of Franchise Fee Collection (60 days after CenterPoint April 2013 Notification) The Council also directed staff to review the current Xcel Energy Franchise Fee Ordinance to remove reference to the sunset of the fee and restricting the use to Douglas Drive. A redline strikeout version of the proposed changes to Ordinance No. 447 (as amended by Ordinance 456) has been attached for Council review. Attachments • Ordinance No. 279, 2nd Series, Amending City Code for Gas Franchise Fee - CenterPoint Energy Minnegasco (5 pages) • DRAFT Ordinance No. , Amending Ordinance No. 279, 2nd Series, Implementing a Gas Energy Franchise Fee on CenterPoint Energy Minnesota (3 pages) • Ordinance No. 447, 2nd Series, Ordinance Requiring an Electric Franchise Fee from Northern States Power D/B/A Xcel Energy for Providing Electric Service within the City of Golden Valley (4 pages) • Ordinance 456, 2nd Series, Ordinance Amending City Code Electric Franchise Fee Ordinance No. 447 (2 pages) • DRAFT (Proposed Changes to Ordinance No. 447, as amended by Ordinance 456) Ordinance No. , Amending Ordinance Na. 447, 2nd Series, Ordinance Requiring an Electric Franchise Fee from Northern States Power D/B/A Xcel Energy for Providing Electric Service within the City of Golden Valley, redline/strikeout version (4 pages) ORDINANCE NO. 279, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Gas Franchise - CenterPoint Energy Minnegasco AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIG WAYS AND GROUNDS OF THE CITY OF GOLDEN VALLEY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING GERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESQTA, ORDAINS: SECTION 1. DEFINITIONS. Far purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Golden Valley, County of Hennepin, State of Minnesota. City Utilitv System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources Corporationj a Delaware corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. ORDINANCE NO. 279, 2ND SERIES PAGE 2 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402-2006. Notice to the City shall be mailed to the City Manager, City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427-4588. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Wav. Public right-of-way within the City as defined in Minn. Stat. § 237.162, subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such lawful regulations as may be adopted by separate ordinance and as currently exist under City Code Sections 7.01-7.31 of Chapter 7 ("Chapter 7"), or as they may be lawfully amended from time to time during the franchise term. By agreeing to the City's right to incorporate amendments to Chapter 7 into this Ordinance during the franchise term, Company does not waive its right ta challenge any such amendment, in accordance with Section 2.5 of this Ordinance and based on the limits of City police power authority under Minnesota law. The Company shall be notified 60 days in advance of proposed changes to Chapter 7. If a provision of Chapter 7 conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 Days after the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Campany for gas service in City are subject to the jurisdiction of the Commission. ORDINANCE NO. 279, 2ND SERIES PAGE 3 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shal! be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief permitted by law. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Subject to regulation under Chapter 7, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. 3.2. Restoration of Public Wavs and Public Ground. Restoration of the Public Way shall be subject to Chapter 7. After completing work requiring the opening of Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five working days, have the right to make the restoration of the Public Ground at the expense of Campany. Company shall pay to the City the cost of such work done for or performed by the Gity. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. 3.3. Waiver of Performance Securitv. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under Chapter 7 currently or in the future. The City reserves all other rights under Chapter 7 to enforce Company performance requirements for work in the Public Way or Public Ground. ORDINANCE NQ. 279, 2ND SERIES PAGE 4 3.4. Avoid Damage to Gas Facilities. Nothing in this Qrdinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. SECTION 4. RELOCATIONS. 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to Chapter 7. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with applicable City ordinances consistent with law. 4.2. Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Stautes Section 161.46, as supplemented or amended. The City is not obligated to pay Company for those portions of its relocation costs for which City has not received federal funding. 4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a permit or franchise from City and Company does not waive its rights under an easement or prescriptive right or State or County permit. SECTION 5. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City pravided in this Ordinance. SECTION 6. FRANCHISE FEE. 6.1. Reservation of Rights. The City reserves all rights under Minn. Stat. § 216B.36, to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee agreement, which shall be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, each hereby consents to the jurisdiction of State District Court, Hennepin County, to construe their respective rights under the law, subject to all rights of appeal. ORDINANCE NO. 279, 2ND SERIES PAGE 5 SECTION 7. LIMITATION ON APPLICABILITY; NO WAIVER. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provisian of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 8. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. SECTION 9. PREVIOUS FRANGHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise shall terminate. Adopted by the City Council this 20th day of May, 2003. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Donald G. Taylor Donald G. Taylor, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code.) ORDINANCE NO. , 2ND SERIES AN QRDINANCE AMENDING THE CITY CODE Amending Gas Franchise Ordinance No. 279 City of Golden Valley, Hennepin County, Minnesota IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY") FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF GOLQEN VALLEY, MINNESOTA The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: Franchise Agreement. The franchise agreement between the City and Company pursuant to City Ordinance 279. Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle Avenue, Minneapolis, MN 55402. Notice to City shall be mailed to the City Clerk at 7800 Golden Valley Road, Golden Valley, MN 55427. Section 2. Adoption of Franchise Fee. 2.1 Purpose. The City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City. Ordinance 447, as amended, imposes a franchise fee on the public utility companies praviding electric services with the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. 2.2 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the February, 2013 billing monthly, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential: Single family homes, duplex, triplex and $ 2.00 per month quads, individually metered apartment units in larger complexes Firm A: Less than 1,500 therms annual usage $ 22.50 per month Firm B: Greater than 1,500 and less than 5,000 $ 22.50 per month therms annual usage Firm C: Greater than 5,000 therms annual _ $ 22.50 per month usage Dual Fuel A: Less than 120,000 therms annual $206.00 per month usage Dual Fuel B: Greater than 120,000 therms annual $206.00 per month usage LV Dual Fuel: Greater than 2,000 therms per day $206.00 per month 2.3 Account Fee. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. 2.4 Payment. Franchise fees are to be collected by the Company and submitted to the City as follows: January — March collections due by April 30. April — June collections due by July7 31. July — September collections due by October 31. October— December collections due by January 31. 2.5 Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company's records for the purpose of verifying such statements. 2.6 Pavment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts. 2.7 Surcharqe. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates to reimburse the Gompany for the cost of the fee. 2.8 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. 2.9 Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days or more after sending written notice enclosing a copy of this adopted Ordinance to Compan7y by certified mail. Collection of the fee shall commence as provided above. 2.10 Relation to Franchise Agreement. This ordinance is enacted in compliance with the Franchise Agreement and shall be interpreted as such. 2.11 Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City Manager then determines to be appropriate, including, but no limited to, review by the City Council in either a work session or a regular session. Failure to review this ordinance shall not in any way invalidate or limit it. 2.12 Permit Fees. The Company will administer the collection and payment of franchise fees to the City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City so long as the following requirements are met: (1) The Company applies for any and all permits, licenses and similar documentation as through this provision did not exist. (2) The Company requests the fee to be waived at the time of application. Section 3. Effective Date. This ordinance takes effect as provided herein. Passed and Adopted by the City Council this th day of , 20_. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code.) 000090/480568/1552623_1 ORDINANCE NO. 447, 2ND SERIES ELECTRIC FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORQINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY THE CITY OF GOLDEN VALLEY ORDAINS: SECTION 1. The City Code is hereby amended as follows: Subd. 1. Purpose. In order to defray infrastructure and related costs of the Douglas Drive Reconstruction Project ("Project"), the City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Golden Valley pursuant to City Ordinance No. 394, 2nd Series, a Franchise Agreement befinreen the City and Northern States Power Company, d/b/a Xcel Energy ("Company"). Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. The fee and payment schedule is attached hereto and made a part of this ordinance. The Company will begin collection of the fee, after notice to customers, within sixty (60) days after the City Council adopts this ordinance. Except as modified in this Ordinance, the City reaffirms the provisions of Ordinance 394, 2nd Series, including its right to modify this franchise fee. Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the schedule attached as Exhibit A. This is an account-based fee. !n the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only ane fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the City will control. Subd. 4. Surcharqe. The City recognizes that the Minnesota Public Utilities Cammission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amount of the fee. ORDINANCE NO. 447, 2ND SERIES PAGE 2 Subd. 5. Right of Way Permit Fees Waiver. Beginning the date the Company begins collecting franchise fees from customers in the City until the City gives notice to Campany of City's desire to impose both franchise fees and require permit fees pursuant to chapter 7 of the City Code ("Permit Fees"), City waives any and all Permit Fees the City would otherwise have the right to impose on Company. If the City intends to require both Permit Fees and franchise fees from the Company, the City shall give the Company thirty (30) days written notice of such intent before charging Permit Fees. Company does not hereby waive its right to object to a City withdrawal of this waiver of Permit Fees, and reserves all rights under law. Notwithstanding the above Permit Fee waiver, Company shall remain subject to all other requirements of chapter 7 of the City Code not superseded by the specific terms of Ordinance 394, 2nd Series. Subd. 6. Record Support for Pavment. Company shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 7. Enforcement. Any dispute, including enforcement of a default regarding this ordinance, will be resolved in accordance with Section 2.5 of Ordinance 394, 2nd Series. Subd. 8. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinanee and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Company by certified mail. Fee collection under this ordinance will commence in accordance with the terms set forth in subdivision 2. Subd. 9. City Use of Franchise Fees Collected by the Company and Sunset of Fee. The City shall use the fees collected by Company only for infrastructure costs incurred on the Project and for no other purpose. For purposes of this ordinance, infrastructure costs on the Project shall include City expenditures, including those financed by bonds, for any and all design and construction, including all associated Project administration and related costs, maintenance, repair, improvement to, relocation of, or replacement of facilities, including City or privately-owned utility facilities for which customers in the City would otherwise be required to pay; and acquisition or improvement of rights-of-way or other public ground for the Project. The City Council shall determine the sunset date for this fee at the time it is advised of a maturity date certain for bonds issued to finance the Project. The fee sunset date shall be on or about the latest maturity date of any bonds issued to finance the Project. SECTION 2. This ordinance takes effect as provided herein. ORDINANCE NO. 447, 2ND SERIES PAGE 3 Adopted by the City Council this 5th day of October, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayar ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). Published in the New Hope-Golden Valley Sun Post on November 11, 2010. ORDINANCE NO. 447, 2ND SERIES PAGE 4 EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter, Monthlv Residential $ 2.00 Small Commercial & Industrial - Non-Demand $ 2.00 Small Commercial & Industrial - Demand $ 22.5Q Large Commercial & Industrial $206.00 Franchise fees are to be collected by the Company in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January - March collections due by April 30 April - June collections due by July 31 July - September collections due by October 31 October - December collections due by January 31 ORDINANCE NO. 456, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Electric Franchise Fee Ordinance No. 447 City of Golden Valley, Hennepin County, Minnesota The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by changing Section 1, subd. 2, to read as follows: Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. The Company has agreed to collect and pay the franchise fee, set forth in Subd. 3, provided however that the fee will not be the cause of a customer to cease or substantially reduce its electric energy purchases from the Company by modifying equipment, or installing new equipment ("New Equipment") due to the fee surcharge, to use a form of energy (including electricity not purchased from Company) subject to a lesser or no fee payable by the energy supplier to City. It is agreed by City that Company, at its reasonable discretion and upon 30 days prior written notice to City, may agree with any customer that has clearly demonstrated its intention and ability to install New Equipment and switch to another energy supplier, to eliminate or reduce the franchise fee Company would otherwise collect to the amount, if any, of the fee imposed by City on the supplier of the energy the customer would use if New Equipment were used, but only to the extent the customer agrees to use electricity purchased from Company in lieu of such other energy available to the customer which is not subject to a City fee or which is subject to a lesser City fee. The proposed reduction or elimination of the fee may become effective 30 days after the date of the above-referenced notice, unless the City Manager delivers to Company, prior to such 30th day, a written statement objecting to the Company's proposed reduction or elimination of the fee. In the event the City Manager objects to such proposed reduction or elimination of the fee, the Company may notify City in writing of its intent to resolve such dispute pursuant to Section 2.5 of the Franchise Agreement. No Company reduction or waiver of the fee shall otherwise affect its obligation to collect fees from ather customers pursuant to this Ordinance. If the fee is waived or reduced for a customer, the City may annually request a review of the customer reduction or waiver for cantinued justification. All disputes over continued fee waiver reduction shall be resolved pursuant to Section 2.5 of City Ordinance No. 394, 2nd Series. Section 2. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by adding subd. 4, set out below and renumbering the remaining subdivisions 4 - 9, inclusive as 5-10, inclusive. ORDINANCE NO. 456, 2ND SERIES PAGE 2 Subd. 4. Periodic Fee Adjustment. City has estimated that the franchise fee will provide the City with approximately $630,000.00 in annual revenue for the Project costs ("Estimate"). If actual revenue collected fails to meet or exceeds this Estimate for any reason, or if the City reasonably determines that the Estimate will not meet Project costs as defined in Subdivision 10, upon notice to the Company, the City may increase or decrease the fee from time to time to achieve the revenue necessary to cover Project costs; provided, however, that any such change shall maintain the same flat fee proportion among customer classifications and shall not exceed five percent (5%) of the gross revenue received by Company from the sale of electricity to retail customers within the corporate limits of the City. The fee may not be changed more often than annually. This right of Periodic Fee Adjustment relates to revenues sufficient to meet Project costs and does not relate to any additional franchise fee greater than the Project costs or fee for another public purpose as allowed by law that the City may seek ta impose. In that event, the City and Company shall employ Section 9 of City Ordinance No. 394, 2nd Series to establish such fee pursuant to a separate ordinance. Section 3. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by changing "thirty (30) days" to "sixty (60) days" in Section 1, subd. 6. Section 4. The City Code in Chapter 25, Ordinance No. 447, Second Series is hereby amended by deleting the word "Franchise" in the first sentence of Exhibit A attached thereto and replacing it with the words "Subject to Subdivisions 2 and 4 of this Ordinance, franchise". Section 5. This Ordinance is effective upon its passage and publication. Adapted by the City Council this 15th day of March, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnia Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). Published in the New Hope-Golden Valley Sun Post on March 24, 2011. (Proposed changes to Ordinance No. 447, as amended by Ordinance 456) ORDINANCE NO. , 2ND SERIES ELECTRIC FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY ORDAINS AS FOLLOWS: SECTION 1. The City Code is hereby amended as follows Subd. 1. Purpose. In order to defray a�lthe costs of infrastructure projects in the City, includina but not limited to. the Doualas Drive Reconstruction Proiect, the City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Golden Valley pursuant to City Ordinance No. 394, 2nd Series, a Franchise Agreement befinreen the City and Northern States Power Company, d/b/a Xcel Energy ("Company"). Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. Subd. 3. Pavment and Fee Desiqn. The franchise fee shall be payable to the City in accordance with the schedule attached as Exhibit A. This is an account-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the City will controL Subd. 4. Periodic Fee Adiustment. City has estimated that the franchise fee will provide the City with approximately$630,000.00 in annual revenue f^r +ho Dr�ion+ �„�.+� ("Estimate"). If actual revenue collected fails to meet or exceeds this Estimate for any reason, or if the City reasonably determines that the Estimate �4is not sufficient to meet , esianated infrastructure costs. upon notice to the Company, the City may increase or decrease the fee from time to time to achieve the revenue necessary to cover ar,- ^,�such costs; provided, however, that any such change shall maintain the same flat fee proportion among customer classifications and shall not exceed five percent (5%) of the gross revenue received by Company from the sale of electricity to retail customers within the corporate limits of the City. The fee may not be changed more often than annually. This right of Periodic Fee Adjustment relates to revenues sufficient to meet�ejes�designated infrastructure costs and does not relate to any additional franchise fee �ron�or+h�n +ho or,,;o,.+ �„�+� or fee for another public purpose as allowed by law that the City may seek to impose. In that event, the City and Company shall employ Section 9 of City Ordinance No. 394, 2nd Series to establish such fee pursuant to a separate ordinance. Subd. 5. Surcharqe. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amount of the fee. Subd. 6. Riqht of Wav Permit Fees Waiver. Beginning the date the Company begins collecting franchise fees from customers in the City until the City gives notice to Company of City's desire to impose both franchise fees and require permit fees pursuant to chapter 7 of the City Code ("Permit Fees"), City waives any and all Permit Fees the City would otherwise have the right to impose on Company. If the City intends to require both Permit Fees and franchise fees from the Company, the City shall give the Company thirty (30) days written notice of such intent before charging Permit Fees. Company does not hereby waive its right to object to a City withdrawal of this waiver of Permit Fees, and reserves all rights under law. Notwithstanding the above Permit Fee waiver, Company shall remain subject to all other requirements of chapter 7 of the City Code not superseded by the specific terms of Ordinance 394, 2nd Series. Subd. 7. Record Support for Pavment. Company shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 8. Enforcement. Any dispute, including enforcement of a default regarding this ordinance, will be resolved in accordance with Section 2.5 of Ordinance 394, 2nd Series. Subd. 9. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Company by certified mail. Fee collection under this ordinance will commence in accordance with the terms set forth in subdivision 2. Subd. 10. Citv Use of Franchise Fees Collected bv the Companv. The City shall use the fees collected by Company only for infrastructure costs and for no other purpose. For purposes of this ordinance, infrastructure costs shall include City expenditures, including those financed by bonds, for any and all design and construction, including all associated project administration, legal, and related costs, maintenance, repair, improvement to, relocation of, or replacement of facilities, including City or privately-owned utility facilities for which customers in the City would otherwise be required to pay; and acquisition or improvement of rights-of-way or other public ground. SECTION 2. This ordinance takes effect as provided herein. Adopted by the City Council this day of , 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virnia Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter, Monthly Residential $ 2.00 Small Commercial & Industrial - Non-Demand $ 2.00 Small Commercial & Industrial - Demand $ 22.50 Large Commercial & Industrial $206.00 Franchise fees are to be collected by the Company in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January - March collections due by April 30 April - June collections due by July 31 July - September collections due by October 31 October - December collections due by January 31 000090/480568/1552812_1 L d��' �� : Finance Department 763-593-8013/763-593-8109(fax) Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 6. 2013-2014 Praposed General Fund Budget, Other Fund Budgets and 2013 Tax Levy Prepared By Sue Virnig, Finance Director Summary This is the last workshop before the 2013-2014 General Fund Budget, 2013-2014 Other Fund Budgets and 2013 Tax Levy will be approved. Staff will prepare the presentation for the public hearing after receiving consensus fram the Council. Please bring these documents to the Council/Manager meeting on November 13. Attachments • 2013-2014 Proposed General Fund Budget (previously distributed) • 2013-2014 Proposed Budget - Other Funds (previously distributed) +G 1�� D�M �r ° Finance Department 763-593-8013/763-593-8109(fax) �� a ��.��t�:. . ��: � �,._ g, : .. . _u.. x� �� Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 7. 2Q13-2017 Capital Improvement Program Prepared By Sue Virnig, Finance Director Summary Staff will be present at the November 13 Council/Manager meeting to answer questions on the 2013-2017 Capital Improvement Program (CIP). The Planning Commission reviewed the document at their October 22 meeting and the minutes are attached. The first review of the document was at the October 9 Council/Manager meeting. Since that time, the feasibility study for the 2013-2014 Pavement Management Program required more financial need for Water and Sewer Improvements. Those changes are reflected in the replacement pages. This document will be presented at the December 4 Council Meeting for approval. After approval, the document will be bound and distributed. Attachments • Planning Commission minutes dated October 22, 2012 (1 page) • Replacement pages for 2013-2014 Biennial Water and Sewer Fund (4 pages, delivered) • Replacement pages for 2013-2017 Proposed Capital Improvement Program (11 pages, delivered) • Bring your 2013-2017 Capital Improvement Program (previously delivered) Regular Meeting of the Golden Valley Planning Commission October 22, 2012 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, October 22, 2012. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners, Kisch, Kluchka, Schmidgall, Segelbaum and Waldhauser. Also present were Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Commissioners Cera and McCarty were absent. 1. Presentation of 2013-2017 Capital Improvement Program—Sue Virnig, City Finance Director Sue Virnig, Finance Director, explained that the Capital Improvement Program (CIP) is a 5-year financing planning instrument used to identify needed capital projects and to delineate the financing and timing of associated projects. Generally, these projects exceed $10,000 in cost and require long-term financing. The CIP also identifies bond issues necessary to fund improvements and each project is brought forth for approval by the City Council. Because of its relationship with the City's Comprehensive Plan the CIP is reviewed by the Planning Commission. Waldhauser referred to the Douglas Drive project and asked Virnig to summarize the major activities in 2014-2015 when the bulk of the activities occur. Virnig referred to page 104 and explained the breakdown of the expenditures for pouglas Drive improvements. Waldhauser asked if there are any items in the CIP that are a deviation or change from recent trends and expenses. Virnig explained that 2Q13 market values are down 2.5% and the City is trying to improve its infrastructure, but also lessen the impact on the taxpayers by reducing the number of streets being reconstructed. • Segelbaum asked about the 2012-2013 reduction in the buildings and parks sections. Virnig referred to page 96 of the CIP that explains project itemization. She discussed the transfers made in 2012 from the general fund to the park improvement fund. Waldhauser asked if the redevelopment area near Boone and Highway 55 is reflected in this CIP. Virnig stated that those improvements will be reflected in the CIP next year. Schmidgall referred to the cable equipment replacement section of the CIP and questioned the use of those funds. Virnig explained that the funds in the CIP along with franchise fees are used to replace cable equipment in the control room as needed. MOVED by Segelbaum, seconded by Schmidgall and motion carried unanimously to recommend approval of the 2013-2017 Capital Improvement Program as it is consistent with the Comprehensive Plan. L1�� Finance Department 763-593-8013/763-593-8109(fax) A� _�_ _u��. .. .. W ,�. ... ,_ .. ��:��F�°..:_ _,,y..� - �.� �� .,,, _ M. � � :: �. Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 8. 2013 Master Fee Schedule Prepared By Sue Virnig, Finance Director Summary Staff would like feedback to the 2013 Master Fee Schedule. The 2013 Master Fee Schedule will be heard for first consideration the meeting of November 20, 2012 City council meeting with second consideration on December 4, 2012. The schedule shows the fee/rate for 2012 and 2013. Any change in fee/rate is noted in bold. The utility rates will be effective for any billing after April 1, 2013. Attachments • 2013 Master Fee Schedule (18 pages) City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Permits Building&Fi�e Permit Fees based on fee schedule below. Mandatory State Surcharge: per permit is a minimum of.50 and when a permit fee is over$1,000 in value the state surcharge is.0005 times the permit value. Surcharge is remitted to MN State Treasurer. Permit Cancellation Policy:80%of the permit fee will be returned upon written notice of cancellation. If job has been started no refund will be made. No surcharge or plan review fees will be returned(includes the fees for stormwater management,right-of-way(ROW)and tree preservation permits). Building/Fire/Commercial Mechanical Plan Review Fee-65%of the permit fee(no surcharge) re-inspection fee 100.00 100.00 Administrative 75.00 75.00 Seasonal, Farm Produce,Christmas Tree Sales,etc in Commercial Zoning District Electrical State Surcharge-each permit 5.00 5.00 All Services new,replace or repair There is a$2 per circuit charge for replacing circuits that are disconnected in the old service panel and reconnected in the new panel. 0 to 300 Amp 50.00 400 Amp 58.00 500 Amp 72.00 600 Amp 86.00 800 Amp 114.00 1000 Amp 142.00 1100 Amp 156.00 1200 Amp 170.00 Add$14.00 for each additional 100 Amps. Circuits and Feeders The inspection fee for the installation,addition,alteration or repair of each circuit, feeder,feeder tap or set of transformer secondary conductors: 0 to 30 Amp 8.00 31 to 100 Amp 10.00 101 to 200 Amp 15.00 300 Amp 20.00 400 Amp 25.00 500 Amp 30.00 600 Amp 35.00 700 Amp 40.00 Add$5.00 for each additional 100 Amps. Minimum Fee Minimum permit fee is$35.00 plus$5.00 State surcharge.This is for one inspection only. Minimum fee for rough-in inspection and final is$70.00 plus$5.00 State surcharge. Maximum Fee Maximum fee for single family dwelling or townhouse not over 200 Amps is$150.00 plus$5.00 State surcharge. Maximum of 2 RI and 1 final inspection. 1 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Permits(continued) Electrical(continued) Apartment Buildings Fee per unit of an apartment or condominium complex is$70.00.This does not cover service and house wiring. Swimming Pool $35.00 per inspection+circuits Traffic Signals $7.00 per each standard Street lights and parking lot lights $4.00 per each standard Transformers and Generators $8.00 per unit+$.40 for each KVA up to 100 KVA+$.3Q for each KVA above 100 KVA Retro Fit Lighting $.65 per fixture Sign Transformer $8.00 per transformer Remote Control and Signal Circuits $.75 per device Reinspection fee(only one final per job) $35.00 THE FEE IS DOUBLED IF THE WORK STARTS BEFORE THE PERMIT IS ISSUED. Fire Alarm System(New Installation or Alteration of Existing) Up to the 1st$1,200 in value 50.00 50.00 Over $1,200 value-use fire suppression fee Fire Commercial Cooking Ventilation Systems Inspection 50.00 75.00 Re-inspection 100.00 150.00 Fire Pumps 100.00 200.00 Fire Suppression&Special Fire Suppression Systems: FM 200 system,CO2 systems,spray booths,kitchen extinguisher systems,hoods,etc. No change No change Total valuation based on below fee schedule: Value Range 2004 LMC/AMM Recommendation $150 $500 $25.00 $501 $2,000 $25.00 for the first$500 $3.25/additional$100 $2,001 $25,000 $73.50 for the first$2,000 $14.75/additional$1,000 $25,001 $50,000 $415.75 for the first$25,000 $10.75/additional$1,000 $50,001 $100,000 $682.50 for the first$50,000 $7.50/additional$1,000 $100,001 $500,000 $1,053.50 for the first$100,000 $6.00/additional$1,000 $500,001 $1,000,000 $3,427.75 for the first$500,000 $5.00/additional$1,000 $1,000,001 and up $5,945.25 for the first$1,000,000 $4.00/additional$1,000 2 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed fee Permits(continued) Fireworks/Pyrotechnic Special Effects 100.00 100.00 Permit requires rental of fire engine and crew for stand-by at display House/Building Moving 300.00 300.00 Demolition 300.00 300.00 Mechanical:HVAC,Gas Piping,Refrigeration and Fireplace (Includes all types of fireplaces-masonry,gas,gas log,gas insert,etc.) Value Permit charge $0- $999 $25.00 $1,001- $5,000 $31.50+2.60%over$1000 $5,001- $10,000 $135.50+2.15%over$5000 $10,001- $25,000 $243.00+1.85%over$10,000 $25,000- $50,000 $520,50+1.65%over$25,000 $50,001- over $933.00+1.30%over$50,000 Native Vegetation Landscape Permit 100.00 100.00 Parade/SpecialEvent 25.00 25.00 Petroleum/Compress Gas Tanks Installation-per dispenser 75.00 75.00 Installation-per tank 75.00 75.00 Piping associated with tanks 75.00 75.00 Removal-per tank 75,00 75.00 Temporary lP Tank(per site) 75.00 75.00 Temporary above ground fuel tanks(per site) 75.00 75.00 Plan Review Fee-65%of the fee(no surcharge) Plumbing and Piping Fixtures Includes hydraulic sewer valves,rain water leaders,and alteration to existing systems. Value Permit charge $0- $999 $25.00 25.00 25.00 $1,001- $5,000 $31.50+2.60%over$1000 $5,001- $10,OOQ $135.50+2,15%over$5000 $10,001- $25,000 $243.00+1.85%over$10,000 $25,001- $50,000 $520.50+1.65%over$25,000 $50,001- over $933.00+1.309'0 over$50,000 Right Of Way Driveway Replacement Permit 100,00 100.00 Permanent Obstruction Permit,per obstruction(includes courtesy benches) 100.00 100.00 Temporary Obstruction permit No Charge No Charge Temporary Access Permit 25.00 25.00 In Boulevard Excavation Permit per opening 100.00 100.00 In Pavement Excavation Permit per opening(includes curb alterations) 200.00 200.00 Overhead Utility Repair per location No Charge No Charge 3 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Propased Fee Permits(continued) Right Of Way(continued) Underground Utility: LenRth Permit Charse 0 to 100 Feet $250 administrative fee+$1/foot over 100 Feet $350 administrative fee+$.50/foot over 100 feet Service Drop meeting conditions: No charge No charge Not parallel to right-of way at least 10'from any City facility or utility, less than 1'wide,and depth in accord with law or,if none,industry standard Stormwater Management Land Disturbance up to one-half acre(0 to 21,779 square feet) 100.00 100.00 Land Disturbance of one-half acre or more(21,780 square feet and up) 200.00 200.00 Sign Permit Base fee 50.00 50.00 Area fee(per sq ft of sign area) +2.75/sq ft +2,75/sq ft Temporary Sign over 18 sq ft over 18 sq ft Standpipe Installation of each standpipe(up to 5 floors) 50.00 50.00 Each additional floor 25.00 25.00 Temporary Certificate of Occupancy Partial Certificate of Occupancy 100.00 100.00 Temporary Certificate of Occupancy 100.00 100.00 Extension of Temporary Certificate of Occupancy 200.00 200.00 Penalty for expired Temporary Certificate of Occupancy 300.00 300.00 Tent/Canopy Inspections-required for tent exceeding 200 sq ft and 50.00 50.00 canopies exceeding 400 sq ft(per site) each additional tent(per site) 25.00 Tree Preservatio�Permit 100.00 100.00 Tree Preservation Mitigation Form- per caliper inch 150.00 150.00 Utility Permits Water Meter Permit 100.00 100.00 Water Tapping Permit 100.00 100.OQ Water Cut-off Permit 100.00 100.00 Sewer Permit(connection) 100.00 100.00 Sewer Repair Permit 100.00 100.00 Sewer Cut-off Permit 100.00 100.00 4 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Licenses Renewal Date Auctioning Auctioneers do not need to be licensed in the City of Golden Valley. However,they have to show us a copy of a license or bond from the county or state and provide us a letter on the date,time and place of the auction. Cigarettes-Tobacco Products over the counter 1-1an 275.00 275.00 Contractors-Heating,Ventilation,Air Cond and Refrigeration 1-Apr 75.00 75.00 Dog Kennel-per kennel 1-Apr 200.00 200.00 Entertainment Amusement and Shows 1-Apr 50.00 50.00 (movies-per screen;caravans,circuses,amusement rides) Bowling Alley(each lane) 1-Apr 15,00 15.00 Dancing&Entertainment 1-Apr 375.00 375.00 Pinball Machine,Video Game or Pool Table each location 1-Apr 15.00 15.00 each device 1-Apr 15.00 15.00 Fireworks Retail consumer fireworks that sell other items 1-May 100.00 100.00 Retail consumer fireworks, retailers that sell only fireworks 1-May 350.00 350.00 Garbage Haulers-per vehicle 1-Apr 50.00 50.00 (See also Recylcing Haulers) Gasoline Stations Per Location Dispensers up to four(each) 1-Apr 75.00 75.00 Over four dispensers(each) 50.00 50.00 Lawful Gambling License 1-1an First year 250.00 250.04 Renewal after 1st year 100.00 100.00 Liquor License Application Packet . 20.00 20.00 Liquor-Investigation Fee (Liquor On-sale,Off-sale,and Sunday sale and Wine) new applicant 3,000.00 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation Liquor-Miscellaneous Change thru the year per change 100.00 1�0.00 Liquor On,Off and Sunday Sale and Wine(renewal or misc changes) 5 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Licenses(continued) Renewal Date Liquor License(State law) Sunday sale 1-Jul 200.00 200.00 Off-sale 340A.408 1-1u1 200.00 200.00 On-sale 1-Jul 8,000.00 8,000.00 Wine On-sale 1-Jul 2,000.00 2,000.00 Club 1-Jul up to 200 members 300.00 300.00 200-500 members 500.00 500.00 501-1,000 members 650.00 650.00 1,001-2,000 members 800.00 800.00 2001-4000 members 1,000.00 1,000.00 4001-6000 members 2,000.00 2,000.00 Over 6000 members 3,000.00 3,000.00 tiquor-Non-Intoxicating Malt(On-sale) 1-Apr 500.00 500.00 (This fee is not charged to applicants holding a wine license and renewed at the time of the wine license renewal date) Liquor-Non-Intoxicating Malt(Off-sale) 1-Apr 150.00 150.00 Massage Therapist-Individual Certificate(each individual/person) 1-1an 50.00 50.00 Investigation fee 100.00 100.00 Massage Therapist Premise License 1-Jan Operating Iocation 500.00 500.00 Investigation fee 200.00 200.00 New/Used Vehicle Sales 1-Sep 400.00 400.00 Peddlers and Solicitors 1-Jan 1st person 30.00 30.00 Each additional person(up to a max fee of$50.00 per time) 5.00 5.00 Pawnbroker and Precious Metal Dealer Location 1-1an 5,000.00 5,000.00 Dealer 1-Jan 400.00 400.00 Investigation Fee 3,000.00 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation Transaction Fee 1.00 Recycling Haulers(Multi Family Apartment) -per vehicle 1-Apr 50.00 6 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Licenses(continued) Renewal Date Rental Dwelling License Single Family Dwellings One Unit Dwelling License Expires July 1 125.00 125.00 Re-inspection 100.00 100:00 Twin Homes&Duplexes License per Dwelling Unit Expires May 1 125.00 125.00 Re-inspection(per unit/per address) 100.00 100.00 Condominiums&Townhomes License Per Dwelling Unit Expires Sept 1 125.00 125.00 Re-inspection(per unit/per address) 100.00 100.00 Group Homes/homes with services Expires Nov 1 125.00 125.00 License Per Dwelling Unit Re-inspection(per unit/per address) 100.00 100.00 Multiple Unit Dwelling(3 or more units)per building 1-Mar 100.00 100.00 Re-inspection(per building/per address) 100.00 100.00 License Transfer(pro rate) minimum 50.00 50.00 Star Program Fees(Based on participation level) Non-Participant $30/unit $30/unit Levell $12/unit $12/unit Level2 $10/unit $10/unit Level3 $6/unit $6/unit Level4 $0/unit $0/unit Administrative Citations on(all)Rental Dwellings 1st citation 100.00 100.00 2nd citation 250.00 250.00 3rd citation 500.00 500.00 4th citation and subsequent violations in 12 month period 500.00 500.00 Citation Appeal 25.00 25.00 Sexually Oriented Business License Fee(operating location) 1-1an 5,000.00 5,000.00 Investigation Fee 3,000.00 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation 7 City of Golden Valley 2013 Praposed Master Fee Schedule-Exhibit A 2012 2013 fee Proposed Fee Street Assessments Residential/Single Family/Duplex,per dwelling unit on local street 5,750.00 6,000.00 Multi Unit Residential(more than 2 dwelling units)on local street 76.3/ft 76.3/ft Residential/Single Family/Duplex,per dwelling unit on state aid street 1,437.50 1,500.00 Multi Unit Residential(more than 2 dwelling units)on state aid street 81.71/ft 81.71/ft Other Zonings, Lacal Streets 91.73/ft 91.73/ft Other Zonings,State Aid Streets 99.21/ft 99.21/ft Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum $250/maximum (Seven percent of total or maximum fee-whichever lessor) Low Income Level for Senior/Retired due to Disability Deferral 2012 HUD Limits 2013 HUD Limits Miscetlaneous Fees Address Change 50.00 50.00 Administrative Citations-Non Rental Housing 1st Citation 100.00 100.00 2nd Citation 250.00 250.00 3rd Citation 500.00 500.00 4th Citation and subsequent violations in 12 month period 500.00 500.00 Alarm System-False Alarms(12 month period beginning March 1 of each year upon given notice) 1-3 false alarms 4-10 false alarms 100.00 100.00 11-15 false alarms 150.00 150.00 16 or more false alarms 250.00 250.00 Animal Control Impound Fee for dogs 50.00 50.00 Boarding Fee for dogs and cats per day(7 day maximum) 20.00 20.00 Dangerous Dog License 250.00 250.00 Building Plan/Storage Retrieval 50.00 50.00 Certification Fee(Special Assessment) 30.00 30.00 City Cemetery Cemetery Plot 500.00 500.00 Qpen/Close Fee: Crematory(up to 2 per lot) 200.00 each 200.00 each Burial 75Q.00 750.00 8 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Miscellaneaus Fees(continued)' Documents City Code Full boak in binder 200.00 200.00 Updates 15/each 15/each Zoning Chapters Only 10.00 10,00 City Maps:, Plats,Record Drawings,Other Plats(i.e.address maps,building plans,comp pl� 10.00 10.00 Comprehensive Plan Copies of any black and white,letter or legal size documents of 100 or .25/pg .25/pg fewer pages(Minnesota Rules,part 1205.0300,subpart 4.) Copies of any color,letter or legal size documents .33/page .33/page Digital Format Aerial photography time&material time&material Custom Maps or Map Layers time&material time&material Topography time&material time&material Special Assessment Search(non-owner) 15.00 15.00 Video Reproduction(per tape+shipping) 20.00 20.00 Domestic Partner Registration Initial Registration 40.00 40.00 Amendment/Notice of Termination 25.00 25.00 Certified copy of Registration 5.00 5.00 Equipment Charge per hour Fire Engine(includes personnel) 250.00 250.00 Fire Aerial Truck(includes personnel) 350.00 350.00 Police and Fire Rescue Truck(includes personnel) 250.00 250.00 Utility Vehicle(includes personnel) 100.00 100.00 Squad Car(includes personnel) 100.00 100.00 Heavy(motor grader,front end loader,360 Backhoe,Pickup sweeper, 125.00 125.00 sewer camera,truck,sewer jet,vac all,aerial truck)does not include personnel costs Medium(dump truck,water truck,tractor backhoe,utility tractor/ 80.00 80.00 accessory, 15 ft cut lawn mower,brush chipper,asphalt roller)does not include personnel costs Light(truck-one ton and under,air compressor,water pump,generator, 45.00 45.00 steamer,asphalt/saw,concrete,cable tracer,sewer rodder)does not include personnel costs Fire Boat(includes personnel) 75.00 75.00 Fire AN(includes personnel) 75.00 75.00 Fire Life Safety Trailer(includes personnel) 200.00 200.00 Gas Lines,construction damage with Fire Department Response 250.00 250,00 Filing Fee(Administrative Citation Appeal)per violation 25.00 25.00 Fingerprinting Golden Valley Resident 10.00 10.00 Anyone employed in GV 25.00 25.00 Forced Tree Removal cost of cost of removal+20% removal+20% Forfeited DWI Vehicle Administrative Fee 750.00 9 Cityof Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee MisceFlaneous Fees(continued) Hydrant Meter Rental Residential(per day+consumption) 2.00 2.00 Commercial(per day+consumption) 5.00 5.00 Deposit(residential) 200.00 200.00 Deposit(commercial) 1000.00 1000.00 Nuisance Service Call Fee(after three calls) 250.00 250.00 Person�el Off Duty Police Officer(minimum applies as determined by 75/hour 75/hour City Manager/designee) Firefighters, Lieutenants,Captains,Deputy Fire Marshal&Assistant Chiefs 35/hour 35/hour minimum minimum Sump Pump Inspection 50.00 50.00 Weed Eradication/Lawn mowing-per hour(see minimums) Vacant land-1 hour minimum 125/hr 125/hr Occupied/unoccupied residential/commercial property-3 hour minimum 125/hr 125/hr SECOND OR MORE VIOLATIONS IN ONE SEASON Vacant land-1 hour minimum- 250/hr 250/hr Occupied/unoccupied residential/commercial property-3 hour minimum 250/hr 250/hr Planning&Zoning Fees Conditional Use Items Conditional Use Permit 400.00 400.00 Amendment to Conditional Use Permit 300.00 300.00 Extension for Conditional Use Permit 125.00 125.00 Easement Vacation (each request) 500.00 500.00 Flood Control Management(Special Permit) 75.00 75.00 Floodplain Search Letter 25.00 25.00 Park Dedication Fees 1%of Land 1%of land (per Minnesota Statute 462358) Market Value Market Value Planned Unit Development Preliminary Design Plan 400.00 400.00 Final Plan of Development 400.00 400.00 Extension of Planned Unit Development 150.00 150.00 Planned Unit Development Amendment Preliminary Design Plan 250.00 250,00 Final Plan of Development 250.00 250.00 Extension of Planned Unit Development 150.00 150,00 Planned Unit Development-Minor 250.00 250.00 Rezoning 500.00 500.00 10 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee 'Planning&Zoning Fees(continued) Subdivision 400.00 400.00 Extension to Submit Final Plat 125.00 125.00 Subdivision-Minor 250.00 250.00 Extension to Submit Final Plat 125.00 125.00 Variance from City Code- Zoning Chapters Single family residential 150.00 150.OQ Extension 150.00 150,00 All others 250.00 250.00 Extension 150.00 150.00 Wetland Management(plus professional fees if necessary) 75.00 75,00 Zoning Examination Letter 75.00 75.00 Temporary Retail Sales in Industrial Zone 150.00 150.00 (for each sale,up to five days) Utifity Fees Driveway Covers-Replace 90.00 90.00 Meter Testing(to be returned if ineter is in error of 5%or more of read) 50.00 50.00 Sanitary Sewer Inspectio�s and Compliance Fees(Ordinance No.352) Noncompliant discharge into sanitary sewer(or refuse inspection) Single Family Residential 500/month 500/month Non Single Family Residential 1000/month 1000/month Application fee for noncompliant winter discharge into sanitary sewer 250.00 250.Q0 Application fee for certificate of sewer regulations compliance Single Family Residential(R-1 or R-2), per structure 250.00 250.00 Non Single Family Residential(all other structures), per structure 750.00 750.00 Fee to review residential video record completed by private licensed plumber 100.00 100.00 Fee to review non-residential video record completed by private licensed plumber 375.00 375.00 Water on/off per each event (business day) 50.00 50.00 (after hours) 75.00 Utility-Manual Read of Water/Sewer Meter 100.00 100.00 Water Meter and Parts(All) At cQSt+20% At cost+20% 11 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Utility Biliing Rates-Effedive April i,2013 Residential Utility Rates-quarterly billing (includes all residential classes except those classified as apartments) ACH Payment Credit (1.00) (1.00) Inspection Fee for Fire lines 6.00 6.00 Penalties(far late payment) 10% 10% Sanitary Sewer(in 1000 gallons) Residential(per dwelling unit)(Flat Rate)-5 and under units-winter qtr consumption 52.00 52.60 Residential(per dwelling unit)(Flat Rate)-6-15 units-winter qtr consumption 56.10 56.70 Residential(per dwelling unit)(Flat Rate)-16-19 units-winter qtr consumption 62.00 62.60 Residential(per dwelling unit)(Flat Rate)-20-25 units-winter qtr consumption 69.00 71.07 Residential(per dwelling unit)(Flat Rate)-26-39 units-winter qtr consumption 90.00 92.73 Residential(per dwelling unit)(Flat Rate)-40-59 units-winter qtr consumption 98.00 100.94 Residential(per dwelling unit)(Flat Rate)-60-79 units-winter qtr consumption 104.00 107.12 Residential(per dwelling unit)(Flat Rate)-80 to 99 units-winter qtr consumption 115.00 118.46 Residential (per dwelling unit)(Flat Rate)-100 and over units-winter qtr consumption 127.00 130.82 Recycling Residential curbside(per unit) 10.00 10.00 Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 66.00 66.00 Each single family residential property is considered to be 1/3 of an acre. Street Lights Ornamental(per unit) 9.99 10.19 Overhead(per unit) 6.30 6.45 Water Minimum fee,includes up to 1,000 gallons of flow 6.00 6.60 Water meters up to and including 1" 6.00 6.60 Water meters over 1"and including 2" 48.04 52.87 Water meters over 2"and including 4" 67.09 73.79 Water meters over 4" 86.32 94.97 Above 1,000 gallons of flow per quarter up to 79,000(per 1,000 gallons) 4.44 4.57 80,000 gallons and over of flow per quarter(per 1,000 gallons) 4.47 4.60 Water Connection Fee(State Charge for each water hookup) 1.59 1.59 12 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Utility Billing Rates-Effective April 1,2013(continued) Irrigation Accounts(All)-Monthly Billing Minimum fee,includes up to 1,000 gallons of flow 6.00 6.00 Above 1,000 gallons of flow per month(per 1,000 gallons) 4.47 4.58 ACH Payment Credit (1.00) (1.00) Commercial&Industrial Monthly Billing ACH Payment Credit (1.00) (1.00) Inspection Fee for Fire lines 2.00 2.00 Penalties(for late payment on monthly billings) 5% 5% Sanitary Sewer Water meters up to and including 1" 6.94 6.94 Water meters over 1"and including 2" 13.48 17.62 Water meters over 2"and including 4" 20.22 24.59 Water meters over 4" 27.76 31.65 Based on per 1,000 gallons 3.57 3.69 Note:Water Meter Flow is used to establish sewer flow unless a separate sewer flow meter has been established. Storm Sewer Utility Rate Charge per acre for property with a Residential Equivalent Factor of 1.00 22.00 22.00 Street Lights Ornamental(per unit) 3.33 3.40 Overhead(per unit) 2.10 2.15 Water Connection Fee (State Charge for each water hookup) 0.53 0.53 Water Usage: Minimum fee,includes up to 1,000 gallons of flow 6.00 6.60 Water meters up to and including 1" 6.00 6.60 Water meters over 1"and including 2" 16.01 17.62 Water meters over 2"and including 4" 22.36 24.60 Water meters over 4" 28.77 31.66 Water rate above 1,000 gallons 4.44 4.57 13 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Brookview Golf Gourse Rates Regulation Course 18 Hole Non-patron 35.00 35.00 18 Hole Patron 28.00 28.00 18 Hole Sr Patron 24.00 24.00 18 Hole Non-patron Senior Rate 28.00 2$.00 18 Hole Non-patron League 35,00 35.00 18 Tournament 35.00 35.00 9 Hole Non-patron 19.00 19.00 9 Hole Patron 16.00 16.00 9 Hole Sr Patron 14.50 14.50 9 Hole Non-patron Senior 16.00 16.00 9 Hole Non-patron League 19.00 19.00 9 Hole Tournament 19.00 19.00 2nd Nine Non-patron 16.00 16.00 2nd Nine Patron 12.00 12.00 Sunrise/Sunset Rate 15.00 16.00 Twilight Non-patron 20.00 20.00 Twilight Patron 16.00 16.00 Junior Rate Patron 20.50/11.50 20.50/11.50 lunior Rate Non Patron 22.50/13.50 22.50/13.50 Par 3 Course 9 Hole Non-patron 12.50 12.50 9 Hole patron 9.00 9.00 9 Hole Sr Patron 8.00 8.00 9 Hole Non-patron Senior Rate 9.50 9.50 9 Hole League 12.50 12.50 9 Hole Tournament 12.50 12.50 9 Hole lunior Rate 8.00 8.00 9 Hole Junior Npn-Patron Rate 9.50 9.50 2nd 9 Par 3 7.50 7.50 Patron Cards Resident Adult Patron 75.00/70.00 75.00/70.00 Non-resident Adult Patron 115.00/110.00 115.00/110.00 Resident Senior Patron(age 62+) 45.00/40.00 45.00/40.00 Non-resident Senior Patron{age 62+) 80.00/75.00 80.00/75.00 Resident Junior Patron(17 yrs&under) 35.00/30.00 35.00/30.00 Non-resident Junior(17 yrs&under) 40.00/35.00 40.00/35.00 Par 3 Patron Card 25.00 30.00 Driving Range Warm Up Bucket 3.00 3.00 Small Bucket 5.00 5.00 large Bucket 7.00 7.00 10 BucketPunch Pass 57.00 57.00 large Patron Bucket 5.00 5.00 14 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Brookview Golf Course Rates(continued) Cart Rates 18 Hole Power Cart 30.00 30.00 18 Hole Tournament Cart 30.00 30.00 18 Hole Patron Cart 24.00 24.00 9 Hole Tournament Cart 20.00 20.00 9 Hole Power Cart 20.00 20.00 9 Hole Single Rider Cart N/A N/A 9 Hole Par 3 Power Cart 15.00 15.00 9 Hole Par Patron Cart 16.00 16.00 Pull Cart/Regulation Course 5.00 5.00 Pull Cart/Par 3 Course 4.00 4.00 Trailer fee/Use of personal power cart 14.00/9.OQ 14.00/9.00 Club Rentals 18 Hole full rental-Regulation 20.00 20.00/30,00 9 Hole full rental-Regulation 10.00 10.00/15.00 9 hole Par 3 half rental 10,00 10.OQ Locker Rental Season 20.00 20.00 Daily 1.00 1.00 Towel fee 2.00 2.00 Miscellaneous Fees USGA Handicap Service MGA Non-patron 40.00 40.00 Patron Annual 24.00 25.00 No Show Fee FULL FEE FULL FEE Lessons Adult Group 95.00 99.00 Junior Group 75.00 199.00 15 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Park&Recreation Fees (A Non-Resident fee of$5.00 is recommended to be added to Youth,Adult and Senior Activities.) � Cancellations would incura$5 adminstrative fee. � Youth Fees Baseball-Park 35.00 36.00 Basketball-Mites 42.00 42.00 Basketball-Youth 47.00 47.00 Bike Rangers 35.00 36.00 Catch, Kick&Throw 33.00 34.00 Chess Club 29.00 30.00 Drama Club(Summer) 60.00 61.00 Drama Club(Fall&Winter) 62.00 64.00 Explorers Hiking&Biking Club 33.00 34.00 Football-Flag 31.00 32.00 Football/Basketball/Soccer Skills 31.00 32.00 Hockey-Ice Skills Camp 51.00 52.00 Hockey-Rink Rat 46.00 46.OQ Jewelry Making 32.00 33.00 Jump Rope 19.00 20.00 Kickball 30.00 31.OQ Kids Club 44.00 45.00 Kids Korner 31.00 32.00 Pre-School Players 38.00 39.Q0 Pens, Pencils, Markers,&More 25.00 26.00 Pitch by Coach 35.00 36.00 Playgrounds Free Free Preschool Playtime-per time 3.00 3.00 Preschool Playtime-10-time punch pass 25.00 25.00 Soccer-Fall 34.00 35.OQ Soccer-Nerf 34.00 35.00 Summer Survivor 32.00 33.00 Tap&Ballet 38.00 40.00 T-Ball 35.00 36.00 Tennis-Full Day Camp 199.00 215.00 Tennis-Half Day Camp 169.00 1$5.00 Tennis-Teen Team League 189.00 195.00 Volleyball-Sand 30.00 31.Q0 Adult/Senior Activities Ballroom Dance-Swing&Social 50.00 50.00 Basketball-Open Drop-in Fee 4.00 4.00 10-time Punch Pass 28.00 28.00 Belly Dancing 64.00-80.00 56.00-80.00 Bridge-Beginning 31.00 32.00 Bridge-Intermediate 31.00 32.00 Broomball League-Co-Rec Resident 440.00 445.00 Non-Resident 530.00 535.40 Line Dancing 45.00-60.00 45.00-60,00 Painting(6-time Punch Pass) 39.00 40.00 16 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Park&Recreatiort Fees(continued) (A Non-Resitlent:fee�of$5.00 is remmmended�to��be added[o Youth,Aduit and SenlorAc[Ivities.) �. � . . � Cancellationswould'incur a$5 adminstrative fee: Adult/Senior Activities(continued) Soccer League-Co-Rec Resident 455.00 460.00 Non-Resident 605.00 610.00 Softball Leagues-Fall Resident 320.00 325.00 Non-Resident 445.00 445.00 Softball Leagues-Spring/Summer Doubleheader League-Resident 625.00 630.00 Doubleheader League-Non-Resident 825.00 830.00 Single Game League-Resident 450.OQ 455.00 Single Game League-Non-Resident 605.00 630.00 Tae Kwan Do 59.00 59.00 Tai Chi 42.00 45.00 Tennis Drills(8 lessons,per 4 week session) 139.00 159.00 Tennis League-Mixed Doubles 26.00 26.00 Tennis League-Singles 20.00 20.00 Volleyball-Open Qrop-in Fee 4.00 4.00 10-time Punch Pass 28.00 28.00 Yoga&Pilates 55.00-95.00 55.00-95.00 Senior Programs Bowling Tourney 5.00 5.00 Coffee Talk 2.00 2.00 Craft/Art Classes 6.50-16.00 6.5Q-70.00 Defensive Driving(refreshments only) 1.00 1.00 Living Well and Wise 1.00-4.00 1.00-4.00 Lunch Events 9.00-16.00 9.00-20.00 Membership Dues 5.00-8.00 5:00-8.00 Money Matters 1.00-3.OQ 1.00-3.00 Remember When 1.00-2.00 1.00-2.00 Special Events 4.00-20.00 4.00-20.00 Trips-Extended 2-6 Days 250.00-1000.00 250.00-1000.00 Trips-One Day 7.50-95.00 8.00-95.00 17 City of Golden Valley 2013 Proposed Master Fee Schedule-Exhibit A 2012 2013 Fee Proposed Fee Park&Recreation fees(continued) (A Non-Resident fee of$S.QO is recommended to be added to Youth,Adult and Senior Activities.) � . � � Cancellations would incur a$5 adminstrative fee. � Other Park&Recreation Fees Small Park Shelter Resident(up to 50 people) 85.00 90.00 Non-resident 100.00 105.00 Large Park Shelter Resident(up to 100 people) 100.00 105.00 Non-resident 120.00 125.00 Beer/Wine Permit(only with Picnic Shelter rental) 20.00 25.00 Community Center Resident(over 75 people; 12 hours) 560.00 560.00 Non-resident(over 75 people; 12 hours) 645.00 645.00 Resident(up to 75 people;5 hours max) 25 per hr 25 per hour Non-resident(up to 75 people;5 hours max) 35 per hr 35 per hour Private Industry or Commercial Use-Resident/Non-Resident 55-65 per hr 55-65 per hr Non-Profit/Community Organization-Resident/Non-Resident 25-35 per hour 25-35 per hour Tennis Court Tournament-per day/per court 35.00 35.00 Court/hr/wkday 5.00 5.00 Picnic Kit 15.00 15.00 Athletic Field Per hour 35.00 35.00 W/Lights per hour 50.00 50.00 General Park Usage-Non-Brookview per hour 35.00 35.00 Commercial Use of Park per hour 100.00 100.00 Park Building per hour 40.00 Hockey Rink per hour 35.00 Youth Athletic Association per player Maintenance Fee-Resident per player 5.00 6.00 Maintenance Fee-Non-Resident per player 10.00 11.00 Invitational Tournament per field per day 50.00 50.00 18 �t��1 C�� /� City Administration/Council 763-593-8003/763-593-8709(fax) ._ . � f-- � _ � � ��'• �...__ _� Executive Summary Golden Valley Council/Manager Meeting November 13, 2012 Agenda Item 9. 2013 Legislative Policies Prepared By Thomas Burt, City Manager Summary At the October Council/Manager meeting the Council discussed potential legislative priorities to forward to area legislators in 2013. At that meeting the Council consensus was to bring the 2013 Legislative Policies back for further discussion. Attachments • 2013 Legislative Policies (7 pages) � CXI��C'7� 'ru�� . � 1 �. � 1 � 1 � � t� 3 e s atx�e �'01 c �� Presented to the City Council November 13,2012 P0�1C� 1. Passpor�s .�t Galden Valley D1�✓IV Issue The Golden Valley Department of MotorVehicles(DMV) had processed passports since 2005 and was processing passports when the new US State Department rule on passports went into effect in November 2010.This rule prohibited new agencies from seliing passports. The Golden Valley DMV re-opened July 23,2012 after being closed since Aprii 1,2011 due to an employee theft.The City completed internal and external audits and made the appropriate recommended internal systems changes in early June 2011.Golden Valley reported the results of these audit findings and DMV changes to the Minnesota State Auditor and requested reauthoriza- tion by the Minnesota Department of Public Safety's Division ofVehicle Services(DVS)to re-open. Golden Valley's QMV,however,remained temporarily closed as DVS was working to assess its own internal procedures In anticipation of the July 23 DMV re-opening this year,the City of Golden Valley contacted the Minneapolis Passport Agency to prepare for resuming passport services offered by the Golden Valley DMV.Weeks later,the Minneapolis Passport Agency informed the City it would not be des- ignating any new passport facilities as of November 2010 and thus refused to reactivate Golden Valley's passport services. The Minneapolis Passport Agency further denied the City's ability to re-issue passports based on proximity to the nearest DMV.This is inaccurate and should not be a basis for denial. In reality,the City of Robbinsdale DMV is more than 5�/z miles from the Golden Valley DMV,not a mile as sug- gested by the Minneapolis Passport Agency. Response The City of Golden Valley has provided the valuable service of processing passports to residents and the business community since 2005 and supports action to be re-authorized to issue and renew passports.Golden Valley is home to world headquarters of several international corpora- tions,and each day an additional 30,000 people come into our city to work.This has created a demand for passport services in the immediate area,equating to 3/a of an employee salary to meet this expectation. This is a matter of fairness for the community and businesses of Golden Valley.City residents and those who use the DMV services should not be punished due to some short-lived activity and delays of other individuals or state agencies. 7&(7t1 Gt31c�3�r7 V�lley d�c�c�d,Cacalcl�n Val{ey,MN 55427 763-593-F30�6 T-�t711C� 2, Dauglas Drive Reconstruction Funding Issue Dougias Drive(CSAH 102)between Trunk Highway 55 and Medicine Lake Road is a Hennepin County Highway that is classified as an A Minor Arterial Reliever.It provides direct relief from traffic congestian on Trunk Highway 100. Douglas Drive is approximately 50 years old and is structurally obsolete,deficient in bicycle and pedestrian facilities,and will become operationally deficient in the near future as traffic within the metropolitan area continues ta increase. Hennepin County's Capital Improvement Plan includes reconstruction of Douglas Drive in 2016 at an estimated cost of$22 million.As a cost participant in the reconstruction project,the City of Golden Valley will be responsible for approximately half of the project costs. Response The City of Golden Valley will pursue funding for the Douglas Drive recanstrucfiion project as out- lined in the attached October 1,2012 memorandum from WSB and Associates regarding"Federal Funding Opportunities for pouglas Drive:'The City seeks legislative support as an imporfiant part of securing the needed grants. City of Goiden Va11ey 2413 i.egisiative Policiex � wsa �A.s.r�� Engineering ■ Planning ■ Environmental ■ Construction 701 Xenia Avehue South Suite 300 Min�eapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: Jeannine Clancy, Public Works Director Ro�c Nims, Public Works Project Coordinator From: Jack Corkle,PPT,AICP Jupe Hale, PE Date: October 1, 2012 Re: Federal Funding Opporturtities for pouglas Drive As one of the lead staff on grants and grant writing for WSB and Associates I am familiar with federal and other funding opportunities for transportation projects. I have been preparing transportation grant applications for communities within Minnesota since 1999. I am we11- versed on current programs and funding opportunities that are available for agencies to pursue. As�requested by Jeannine, I have reviewed potential federal funding sources that were provided � to the city for possible use on Douglas Drive. This memorandum provides a broad overview of the transportation funding act and summarizes highway funding programs that are applicable to Douglas Drive. In addition, I have included information about the Metropolitan Regional Solicitation process and some suggestions for other potential funding saurces. Overview of MAP-21 The new federal transportation act is known as MAP-21 (Moving Ahead for Progress in the 21 S` Century). This act was signed into law by President Obama on July 6, 2012. Funding for this act is for a two-year period. There are several transportation programs that fall under this act. The key highway-related programs of interest include: ■ National Highway Performance Program (NHPP) ■ Surface Transportation Program (STP) ■ Congestion Mitigation and Air Quality Improvement Program (CMAQ) ■ Transportation Alternatives Program (TAP) ■ Highway Safety Improvement Program (HSIP) National Highway Performance Pro r�(NHPP� This program applies to all principal arterial roadways (Douglas Drive is a Minor Arterial roadway; TH 55 is a principal arterial roadway). The NHPP is where the bulk of funding for Minnesota will be allocated. Funding levels are expected to increase over what they are today; however, the principal arterial network is rather large and funding will be distributed across the entire network. The principal arterial network includes all of the Interstate System (I-394, I-94, Minneapolis■St. Cloud Equai Opportunity Employer � H:�ExecutiveSummaries-Council-ManagerAgenda�2012\II-17-1219-xa[tach-Memo•FederalFundingOpponwtiGesforpouglasDnve.doc Memorandum Federat Funding October 1,2012 Page 2 etc.), all of the US Highway System (US 169, US 212, etc.), all of the freeway system (TH 100, TH 62, etc.) and some of the other roadways in the Trunk Highway system (TH 55, TH 7, etc.). As part of MAP-21, the Federal Highway Administration (FHWA) will be developing performance measures for pavement condition, bridge condition and performance. Along with the performance measures, FHWA will be developing targets that the states need to meet for the interstate system. States will be required to set performance targets for the remainder of the system. Agencies need to meet the targets for the interstate system and need to make progress towards the targets for the remainder of the system or funding can be taken from the Surface Transportation Program and dedicated to making improvements on the NHPP network. MnDOT is responsible for allocating these funds. Surface Transportation Program (STP� This program applies to a wide variety of roadways; is used to fund research; is allocated to the Transportation Alternatives Progrann; and is allocated to bridges not included as part of the Federal—Aid Highway system. Funding levels for this program are expected to decrease from what they are today. If states do not meet the performance targets established for the NHPP, funding can be taken from this program to bolster improvements to the NHPP. Historically, funding for projects like Douglas Drive come from this program through the Metropolitan Council's Regional Solicitation process. The solicitation process is described later in this memo. � � C�estion Mitigation and Air Qualit�LCMAQ) This program is designed to improve traffic throughput and mobility. It has an emphasis on transit service and transit infrastructure. However, funding can be used for projects that provide signal systemization, streamline intersections, construct high-occupancy vehicle lanes, provide non-recreational bicycle and pedestrian improvements that provide a reduction in single- occupant vehicle travel, implement an operations system, etc. Additionally, projects or programs that shift travel demand to nonpeak hours or other transportation modes, increase vehicle occupancy rates, or otherwise reduce demand through initiatives, such as teleworking, ridesharing, pricing, etc. Funding for this program in the Twin Cities area comes through the Metropolitan Council's Regional Solicitation process. Transportation Alternatives Pro�ram (TAP1 This area is new and it addresses wide umbrella of existing programs. Funding for this area is lower than funds previously allocated for the Transportation Enhancements program. This program includes funding for enhancement, recreational trails, Safe Routes to School and other transportation alternative projects. Because funding levels have been decreasing Funding for recreational trails has traditionally come through the Metropolitan Council's Regional Solicitation process. Funding for Safe Routes to School has traditionally been administered by MnDOT. Memorandum Federal Funding October 1,2012 Page 3 Hi hwav Safetv Improvement Pro r�(HSIP� This program applies to all public roads. Funding for this program is used to correct or improve a hazardous road location or feature or addresses a highway safety problem. The projects need to be consistent with the state's strategic highway safety plan. Funding for this program has been increased as part of MAP-21. Funding for this program for projects in the Twin Cities has traditionally come from MnDOT through a competitive grant process. MnDOT has not indicated what changes they will be making to their grant process, although there will likely be some changes due to new federal requirements. Funding Programs for Consideration The programs most applicable to Douglas Drive include: STP, HSIP, TAP and CMAQ. The STP program could be used to fund roadway reconstruction activities including the intersections, the on-road bike lanes and the traiL The HSIP program could be used to fund individual intersection projects. The TAP program could be used to fund trail improvements. It should be noted that funding for this program has been reduced significantly. There is discussion at MnDOT on how the funds for this program should be awarded. Rather than going through the Metropolitan Council, there could be a statewide solicitation or there could be significant changes in how it is awarded through the Metropolitan Council. WSB will be following what MnDOT decides to do. The CMAQ program could potentially be used to fund the on-road bicycle lanes. This could be challenging from a iogistical view depending upon the timing of the roadway improvements. Metropolitan Council Regional Solicitation Process As indicated in previous sections, much of the funding gets distributed through the Metropolitan Council via the Regional Solicitation Process. The Regional Solicitation is a competitive grant application process that is generally offered every other year. The last solicitation was offered in the spring of 2011. In theory, the next solicitation should occur in the spring/summer of 2013. However, the Metropolitan Council may have to delay the process in 2013. The Metropolitan Council has a request for proposal (due October 5)to reevaluate and modify the regional solicitation process in light of the updated 2030 Transportation Policy Plan and MAP-21. The request for proposal indicates that the contract to reevaluate the regional solicitation should take six months. From that point, the applications would need to be modified and sent through the Metropolitan Council for approval and then released to applicants. This will likely take until at least the fall of 2013. Additionally, the reevaluation process could result in different types of projects being funded (greater emphasis on managing traffic, system preservation, limited roadway expansion, etc.). In sum, at this time the federal funding programs available for projects in the Twin Cities are somewhat in flux. MnDOT and the Metropolitan Council are working together to develop a plan Memorandum Federal Funding October 1,2012 Page 4 to distributed funding. WSB will be following what the Metropolitan Council and MnDOT are doing to implement MAP-21. We will be keeping our clients informed about funding options as information becomes available. Other Funding Options In addition to MAP-21 funding programs, the city could also consider the following: Cooperative A�reement MnDOT has a cooperative agreement program for projects that are locally-initiated, but bring benefit to the Trunk Highway system. The portion of Douglas Drive between TH 55 and the North Frontage Road might be a potential candidate for this program. The cooperative agreement program has been offered annually. It is a competitive process. Transportation and Economic Development (TED� The TED grant has been offered twice in cooperation between MnDOT and the Department of Employment and Economic Development. Funding for transportation improvements are tied to known job growth. The TED grant is a competitive process. Funding from this program should be pursued when redevelopment opportunities (new jobs) are closer to becoming a reality and specific numbers for new jobs and the salary for those jobs are known. I'olicy 3, US Highway 1 d9 Canges�ian Issue The City of Golden Valley is committed to finding innovative ways to improve traffic operation and safety in a responsible manner.The US Highway 169 corridor along the west edge of Golden Valley is a principai arterial that carries between 85,000 and 92,000 vehicles per day and experiences significant congestion during peak hours. Improving the capacity of the corridor will benefit vehicles on the highway and may also reduce the number of vehicles that use the City and County road networks as an aiternative to the high- way due to congestion. In the current and proposed Minnesota Department ofTransportation (MnDOT}StateTransporta- tion Improvement Programs(STIP),there are no programmed capacity improvements for the US Highway 169 corridor between I-394 and I-694. Response Consistent with the vision of the Minnesota Go initiative,the City of Golden Valley encourages MnDQT to identify and program capacity improvements to the US 169 corridor.The City also supports planning potential improvements to be completed in conjunction with programmed maintenance efforts. 7�3t7Q Gc>Ic#cr�Valiey Road,taolcierr Vall�y,!V!N 55427 7�3-593 8E?()6 ��`�"'�� .�_