10-08-13 CM Agenda Packet AGENDA
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Vailey Road
Council Conference Room
October 8, 2013
6:30 pm
Pages
1. Suburban Hennepin Property Tax Change in Funding Emergency Services 2-7
2. 2014-2015 Other Funds Proposed Budget and 2014-2018 Capital Improvement 8
Program (CIP)
3. Receipt of 2Q12 Annua� Report - Planning Commission 9-14
4. Gharitable Gambling 15-34
5. 2014 Legislative Policies 35-43
6. 2013 Earth Hour City Challenge 44-55
Immediately following the Council/Manager Meeting the City Council will
adjourn and hold an Executive Session to conduct the City Manager Evaluation.
Council/Manager meetings have an informal, discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
This tlocument is available in alternate farmats upon a 72-hour request. P(ease call
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City Administration/Council
763-593-8003/763-593-8109(fax)
Executive Summary
Golden Valley Council/Manager Meeting
October 8, 2013
Agenda Item
1. Suburban Hennepin Property Tax Change in Funding Emergency Services
Prepared By
Tom Burt, City Manager
Summary
Council Member Scanlon requested this item be on the agenda for discussion. Susan Blood,
Executive Director of Northwest Hennepin Human Services Cauncil, will be in attendance to
explain the change in funding for Emergency Services.
Attachments
• Memo to Council from Susan Blood, dated September 24, 2013 (3 pages)
• Map showing Emergency Services Eligibility Areas in Suburban Hennepin County (1 page)
• Sample Letter to Commissioner Linda Higgins (1 page)
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MEMO TO: Golden Valley City Council and Staff
MEMO FROM: Susan Blood, Executive Director
MEMO DATE: September 24,2013
SUBJECT: Suburban Hennepin Properly Taxes Change in Funding Emergency Services
Emergency Services Prevention Funding ChanEes from Hennepin County
Four Hennepin County Housing and Homelessness initiatives managers met August 15 with NWHHSC
staff inembers Anita Perkins, Program Coordinator Emergency Services Program and Affordable
Housing, and Susan Blood, Executive Director, as a courtesy to give us advance notice of how things are
changing, what they foresee and ta have a discussion about how we will make the changes. Re-housing
from shelter is now the priority, not homelessness prevention.
This includes the Emergency Services Program direct services funds of$114,425 annually for NW
Hennepin,the source of which is suburban Hennepin property tax dollars. These funds will now re-house
people from Minneapolis shelters(which include some suburban residents) instead of preventing
homelessness for our cities' residents,which has been the intent since 1982 when Hennepin County
decided that all of the suburban tax dollars should not be going to the shelters in Minneapolis. (See
historical timeline at the end of this document.) 2014 will be a transition year before all Emergency
Services Program (ESP) funds will go to Rapid Re-Housing in 2015.
We were required to submit a transition plan by Sept. 13 with a proposed percentage of ESP funds that
will be used for Re-Housing beginning January I. It was suggested that this transition be 80% re-housing
and 20% prevention. Hennepin County contracts with NWHHSC to serve all of suburban Hennepin
through the Emergency Services Assistance Providers: PRISM, CEAP, CROSS (NW); ICOP, ICA,
STEP, WeCAN (West); VEAP and PROP(South). Up until this point,the target population has been
people in economic crisis,who are not currently receiving any other form of cash County Assistance,who
are not eligible for Public Emergency Services and have a definite plan of action that will sustain them
after receiving this one-time financial assistance to prevent homelessness. They may receive other
services, including food, budgeting classes, etc. from the agency that provides this financial assistance.
After a discussion with our Suburban Hennepin Alliance of Emergency Services Providers Executive
Directors, we praposed that 50% of the direct services funds be for prevention and 50% for re-housing.
The 50%that we proposed for re-housing equals 17% for re-housing current residents of suburban
Hennepin who are homeless (but not in a shelter)and will be re-housed in their community, and 33% for
re-housing suburban Hennepin families from Hennepin County Shelter.
The shelters are `futl' much earlier in the year than expected. We have been told that approximately 15%
of those in shelters are from the suburbs(our calculations estimate that less than 5%are from the
Hennepin County Suburbs)and 20%+are from outside of Hennepin County. The"shelter all" policy
was a decision made by Hennepin County Commissioners many years ago that people did not need to be
residents of Hennepin County to be eligible to be placed in shelters. This includes people from other
states.
Staff followed up:
1. Notified the Executive Board members in writing with this detailed information. Talked with the
Board Chair and communicated with ather Executive Board members that had questir�ns.
2. Contacted the regional office for US Department of Housing and Urban Affairs(HUD)asking for
the source of the information from Hennepin County quoting that HUD has determined that
prevention does not work so the priority is on re-housing. HUD staff researched multiple sources
and provided information from national conference calls and articles noting that homelessness
prevention does not work if people receive 1-6 months of housing payments and no other
services.
This is not how our program provides assistance. We use this local Hennepin County funding
source to assist residents with 1 month of financial assistance and/or gas cards, plus additional
wraparound services funded by the local agency,to stay in their housing when they are at
imminent risk of becoming homeless.
This is separate from our contract with Hennepin County for the federal/state-state funded Family
Homelessness Prevention Assistance Program (FHPAP) funds. We use those funds to provide 1-3
months of financial assistance for residents who are at risk af homelessness and are in a
resolvable situation, plus the local agency funds additional wraparound services. Annua! shelter
match statistics have shown that only approximately 3% of suburban residents who utilize this
funding and the local services end up homeless and going to a shelter.
3. Arranged a special meeting of the Executive Directors Alliance of the Suburban Hennepin
Emergency Services Providers with Mikkel Beckmen, Director of Heading Home Hennepin (to
end homelessness in Hennepin County by 2020)on August 21 ta determine how we might better
work together to address homelessness in suburban Hennepin County.
4. Coordinated a response with the Alliance members who met again the following week and
discussed what actions could be taken, including individually contacting their County
Commissioners and local elected officials and city managers/administrators.
5. Drafted a letter, at the request of an Executive Board member, which could be sent by the Mayor,
or anyone else,to ths CounTy Commissioners.
History of Suburban Property Tax Dollars funding Emergency Services Program (ESP)and why
Hennepin County(HC) decided that those funds should serve residents in suburban Hennepin
Homelessness in suburban Hennepin is more often people living in a vehicle, couch hoppin�with
friends/family, camping outside rather than going to a shelter in Minneapolis. There are no shelters in the
suburbs. This was part of the initial reason why, in 1982, Hennepin Caunty acknowledged that suburban
cities were underserved and determined that suburban property tax dollars should be used exclusively for
the suburbs to prevent homelessness. The County decided the suburbs should not have to bear the brunt
of suburban property taxes paying for "shelter all" when their own residents were not being served.
The amount of prevention funds received from Hennepin County suburban property tax dollars continued
to increase each year through 2002. Since 2003,the amount of funds received for the NWHHSC region
has remained the same through the current year, and the funds that NWHHSC administers for the West
and South areas remain the same. In addition,the County required that this be a voluntary loan program
that recipients pay back as possible. This can serve as a credit reference for clients. Typically,
NWHHSC receives $15,000 a year from clients paying back their loans, which is used to purchase gas
cards for clients and other transportation.
The details below were presented to the Hennepin County managers at our meeting regarding the source
and purpose of the Emergency Services Program funds. The reasons listed below are from 1982, when ihe
county decided that suburban Hennepin cities should have services in their area.
1982: NWHHSC took steps early in 1982 to bring a portion of Hennepin County's Emergency Services
Project into the NW Suburban area.
• Property tax dollars—HennCa was taking all the suburban property tax dallars and giving them to
Minneapolis where the only shelters were located. HennCo recognized that suburbs were
underserved, especially because there were no shelters in the suburban area. Suburban homeless
people were sleeping wherever they could—�ars, under trees, couch hopping, etc. to avoid going
downtown.
• HennCo decided those suburban properly tax dollars should go to NWHHSC, West Council, and
South Council to serve people in the suburbs to prevent homelessness.
• ESP was determined to be used exclusively for the Suburbs, paid for 100%by property tax dollars.
• County decided there was excessive inequity in spending(whereas the city of Minneapolis was
receiving massive funding for sheltering/serving Minneapolis, and the suburbs received nothing).
• County decided the suburbs shauld not have to bear the brunt of suburban property taxes paying for
"shelter all" when their own residents were not being served at all.
• ESP was awarded to the suburbs to correct the lack of services available to the suburban residents.
• NWHHSC wrote a proposal on behalf of area Emergency Services agencies and brought in direct
emergency services�money to aid area residents.
1983: Emergency Services Project wifiessed a dramatic expansion: other agencies joined, services
doubled in this year; received more money this year. Monies used for housing and assistance with direct
costs associated with preventing homelessness.
1998: NWHHSC received $86,935 for this region and the County asked NWHHSC to also administer the
funds for what had been the West Council, which we continue to do through the current time.
2012: NWHHSC began to administer the Hennepin South Services Collaborative Services funds as well.
We currently administer these funds for all of suburban Hennepin, working with the regional emergency
assistance provider agencies with established service boundaries so there is no duplicatian of
services. The current total amount of this Emergency Services Program funding that we administer for all
of suburban Hennepin is$265,868.
Emergency Services Eligibility Areas
in Suburban Hennepin County
Roqers Davton
Hanover Champlin
Osseo
Rockford Corcoran Maple Grove Brooklyn Park
Greenfield
Brooklvn Center
'� Loretto �
i� � C s I
o � Robbinsdale
a le 1 ain Medina � New H �4�nd „e
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Indeqendence PI mruth �
Lo Lake Wa at
Golden Va11ey
Sprinq Park Medicine
Or no • Lake Minneapolis
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" � �' �`� St. �OUIS
-v, �_..�
Minnetrista � -J \ Minnetonka o i Park
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�� S �q � �` ��� Woodland
��} D�`�
04 Deephaven
Edina
Shorewood Greenwo d Richfield
t Bonifacius Minnetonka
Beach onka Bav
Eden Prairie
�CEAP(763)566-9600
�CROSS(763)425-1050 Bloominaton
�ICA(952)938-0729
-IOCP(952)473-2436
�NEAR(763)533-2836
O PRISM(763)529-1350
�PROP(952)937-9120
��STEP(952)925-4899 w�E
�WeCAN(952)472-0742 5
�VEAP(952)888-9616
OBasic Needs 0 1.25 2.5 5 7.5 10
Organizations Locations Miles
Northwest Hennepin Human Services Council, 2012
SAMPLE LETTER: Please do revise from your perspective.
September 23, 2013
Commissioner Linda Higgins
A2400 Government Center
300 South 6th Street
Minneapolis, MN 55487-0241
Dear Commissioner Higgins,
I am writing to request your support to sustain Hennepin County dedicated Homeless Prevention funding for
the Emergency Services Program (ESP) in the suburbs, funded through Hennepin County suburban property
taxes. Golden Valley residents have long been recipients of these funds through PRISM and the coordination
of Northwest Hennepin Human Services Council (NWHHSC).
ESP funds are made possible through Hennepin County suburban property taxes. In 1982, steps were taken to
bring a portion of the suburban tax dollars into the suburbs versus all of the funding being designated to the
Minneapolis homeless shelter system. Golden Valley believes it is important that property tax dollars remain
available to suburban residents to keep them in their housing, thus preventing homelessness.
This funding assists Golden Valley residents to stay in their housing when they are at imminent risk of
becoming homeless, and are in resolvable situations, with 1 month of financial assistance and/or gas cards
plus additional wraparound services from PRISM (People Reaching Out in Social Ministry). PRISM and
NWHHSC work together to help make Golden Valley a stable community for all residents, including those living
in poverty. The residents who receive prevention financial assistance and services tend to remain established
in the community, and their children remain in the local schools serving Golden Valley. This housing stability
contributes to stabilizing adults in their employment and their relationships, and healthy development in
children.
Golden Valley is a joint powers member of NWHHSC and serves on their Executive Board. It has been brought
to our attention that the Hennepin County Emergency Services Program's (ESP Homeless Prevention) funds
will begin to transition in 2014 to strictly rapid re-housing from shelter by 2015. While Golden Valley supports
housing for all people and is aware of the large numbers af families and individuals in Hennepin County shelter,
we strongly believe that prevention is less costly, more efficient and better in the long run for those we serve.
The two prevention funds, Emergency Services Program (ESP) and Family Homeless Prevention and Assistance
Program (FHPAP), are the only resources available to PRISM to prevent loss of housing for Golden Valley
residents.
Prevention funding and re-housing funding are both necessary to mitigate homelessness issues. We ask that
you support ESP funding as a measure to prevent homelessness in the suburbs.
Respectfully,
Shep Harris
Mayor of Golden Valley
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Fi.nance De artment
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763-593-8013/763-593-8109(fax)
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Executive Summary
Golden Valley Council/Manager Meeting
October 8, 2013
Agenda Item
2. 2014-2015 Other Funds Proposed Budget and 2014-2018 Capita) Improvement Program (CIP)
Prepared By
Sue Virnig, Finance Director
Summary
At the October 8 Council/Manager meeting, the Council will be reviewing the following budget:
� Water and Sewer Utility Fund (Enterprise)
Council will review the following sections of the 2014-2018 CIP:
� All Sections
Appropriate staff will be in attendance to discuss the proposed budgets and sections of the CIP.
Attaehments
• Bring your 2014-2015 Other Funds Budget (previously delivered)
• Bring your 2014-2018 Capital Improvement Program (previously delivered)
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Planning Department
763-593-8095/763-593-8109(fax)
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Executive Summary
Golden Valley Council/Manager Meeting
October 8, 2013
Agenda Item
3. Receipt of 2012 Annual Report - Planning Commission
Prepared By
John Kluchka, Planning Commission Chair
Summary
Golden Valley 2012 Planning Commission activities were diverse and active, and benefitted from
dynamic participation from its members. As economic conditions have improved, our volume and
balance of topics did shift. We observed topical trends, and also see opportunities to invest for
future growth and expected change.
Recommendations
Many Planning Commission topics are worth further review based on trends and experience, and
we recommend that City Council offer direction for further consideratian of these issues. While
there are many on our list (available upon request), our top three include:
1. Review of zoning approaches for business that more dynamically balance business growth
with mixed unit development as building trends and markets change.
2. Better establish plans and direction for locating areas and sites for affordable and senior
housing.
3. Review of zoning approaches to major building height changes between neighboring
zoning borders and whether there may be inappropriate differences in close proximity.
2012 Planning Commission Agenda Category Trends
The attached detail report of our meeting topics includes these key categories:
• Remodeling Issues (4 items)
• Parking (2 items)
• Light Rail Transit (1 item)
• Development (7 items)
• Subdivisions (4 items)
• Ordinances and Process Issues (3 items)
• Zoning Changes (5 items)
Attachments
2012 Planning Commission Summary (4 pages)
2012 Planning Commission Summary
January 9, 2012 PC Meeting Cancelled
January 23, 2012 Informal Public Hearing — Planned Unit Development
Amendment — Final Plan — 7200 Wayzata Blvd, Lupient
Infiniti — PU-66 Amendment #4 - Recommended
Approval (Remodeling)
Informal Public Hearing — Planned Unit Development
Amendment — Preliminary Plan — 123 Ottowa Ave. N.,
Breck School — PU-88 Amendment #1 — Recommended
Approval (Remodeling)
Informal Public Hearing — Zoning Code Text
Amendment —Amending Section 11.70 "Off-Street
Parking and Loading Regulations" — ZO00-89 — Tabled
(Parking)
January 30, 2012 Joint Meeting of the City Council, Planning
Commission, Environmental Commission and Open
Space and Recreation Commission - Bottineau
Transitway Draft Environmental Impact Statement
(DEIS) Comment Formulation Exercise — (Light Rail
Transit-LRT)
February 13, 2012 Informal Public Hearing — Planned Unit Development
Amendment — Preliminary Plan — 4900 Triton Drive
(Eldridge 3rd Addition) — PU-109 - Recommended
Approval (Development)
February 27, 2012 PC Meeting Cancelled
March 15, 2012 Informal Public Hearing — Subdivision — 15 Meadow Lane
North — SU08-10 — Recommended Approval
(Subdivision)
March 26, 2012 Consideration of Resolution No. 12-01 Finding that the
Redevelopment Plan for the I-394 Corridor
Redevelopment Project Area (formerly known as the
Golden Hills Redevelopment Project) Conforms to the
City's Comprehensive Plan - Recommended Approval
(Comp Plan)
Continued Informal Public Hearing — Zoning Code Text
Amendment — Amending Section 11.70 "Off-Street
Parking and Loading Regulations" —ZO00-89 -
Recommended Approval (Parking)
April 9, 2012 Informal Public Hearing — Planned Unit Development
Amendment — Final Plan — 123 Ottawa Ave. N. - Breck
School — PU-88 Amendment#1 - Recommended
Approval (Remodeling)
April 23, 2012 PC Meeting Cancelled
May 14, 2012 PC Meeting Cancelled
May 21, 2012 PC Meeting Cancelled
June 11, 2012 PC Meeting Cancelled
June 25, 2012 Informal Public Hearing — Conditional Use Permit—
8806-8808 7th Ave N — Disturbia in Suburbia (Justin
Smith) — Recreational Use in the Light Industrial Zoning
District — CU-131 — Recommended Approval
(Development)
Informal Public Hearing — General Land Use Plan Map
Amendment— 740 Douglas Drive North and 6100 &
6110 Olson Memorial Highway— CPAM-50 - To change
the designation on the General Land Use Plan Map
from Industrial to Commercial-Office — Tabled (Zoning)
Informal Public Hearing — Property Rezonings — 740
Douglas Drive North and 6100 & 6110 Olson Memorial
Highway — Z012-18 - To rezone the properties from
Industrial to Business and Professional Offices — Tabled
(Zoning)
Discussion Item - Proposed New Zoning District — Light
Commercial — Tabled (Zoning)
July 9, 2012 Informal Public Hearing — Minor Subdivision — 6601 and
6621 Medicine Lake Road — Savanah Estates — SU14-
14 — Recommended Approval (Subdivision)
Informal Public Hearing — General Land Use Plan Map
Amendment — 7345 Country Club Drive — CPAM-51 -
(Schuller's) -To change the designation on the General Land
Use Plan Map from Low Density Residential to Commercial-
Retail - Recommended Denial (Remodeling and Zoning)
July 23, 2012 PC Meeting Cancelled
August 13, 2012 Informal Public Hearing — Conditional Use Permit—
8806 7th Ave N — Minnesota School of Basketball —
Recreational Use in the Light Industrial Zoning District —
CU-132 — Recommended Approval (Development)
Informal Public Hearing — General Land Use Plan Map
Amendment — 9130 & 9220 Olson Memorial Highway—
CPAM-52 - To change the designation on the General Land
Use Plan Map from Commercial-Retail to Residential-High
Density— Recommended Approval (Zoning)
Informal Public Hearing — Property Rezoning — 9130 &
9220 Olson Memorial Highway— Z022-01 - Tiburon 55,
LLC - To rezone the properties from Commercial to
High Density Residential (R-4) - Recommended
Approval (Zoning)
August 27, 2012 Informal Public Hearing — Planned Unit Development
(PUD) — 600 Boone Avenue North — Boone Avenue
Convenience Center— PU-110 — Recommended
Approval (Development)
Informal Public Hearing — Minor Subdivision — 1540 and
1550 St. Croix Circle — Golden View Addition — SU06-
04 — Recommended Approval (Subdivision)
Informal Public Hearing — Planned Unit Development—
Final Plan — 4900 Triton Drive (Eldridge 3�d Addition) —
PU-109 - Recommended Approval (Development)
September 10, 2012 Informal Public Hearing — Preliminary Plan Review—
Planned Unit Development (PUD) — 9130 & 9220 Olson
Memorial Highway - The Tiburon — PU-111 —
Recommended Approval (Development)
September 24, 2012 PC Meeting Cancelled
October 8, 2012 Brainstorming - 2013 Planning Commission Meeting
Schedule, PUD Process, Solar Access Ordinance, Tree
House/Play Structure Regulations (Process & Ordinances)
October 22, 2012 Presentation of 2013-2017 Capital Improvement
Program—Sue Virnig, City Finance Director—
Recommended Approval (Process)
Informal Public Hearing — Planned Unit
Development (PUD) — 600 Boone Avenue North —
Boone Avenue Convenience Center— PU-110 —
Final Plan - Recommended Approval
(Development)
November 5, 2012 Informal Public Hearing — Planned Unit Development
(PUD) — Northwest Corner I-394 and Highway 100 —
The 3.9.4 Apartments— PU-112 — Preliminary Plan —
Recommended Approval (Development)
Informal Public Hearing — Minor Subdivision —
Glenwood Avenue and Harold Avenue — Olin Woods —
SU17-10 - Recommended Approval (Subdivision)
November 26, 2012 Consideration of Resolution No. 12-01 Finding that the
Redevelopment Plan for the Highway 55 West
Redevelopment Project Area and the Tax Increment
Financing Plan for Tax Increment Financing (Renewal
and Renovation) District No. 1 Conform to the General
Plan for the Development and Redevelopment of the
City, as Amended (Amended 2008 Comprehensive
Plan Update) - Recommended Approval (Process)
December 10, 2012 PC Meeting Cancelled
December 27, 2012 PC Meeting Cancelled
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City Administration/Council
763-593-8003/763-593-8109(fax)
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Executive Summary
Golden Valley Council/Manager Meeting
� October 8, 2013
Agenda Item
4. Charitable Gambling
Prepared By
Thomas Burt, City Manager
Summary
Council Member Scanlon asked that I prepare information on how the City receives charitable
gambling dollars and how and where it can be distributed.
Minnesota Statute allows Cities, by ordinance, the ability to require organizations to contribute
10 percent of the net profit from lawful gambling to a fund administered by the City. In 1991 the
City passed the attached ordinance requiring all licensed organizations to contribute 10% of the
profits.
The funds shall anly be disbursed for lawful purposes as defined by statute (attached). There are
a variety of lawful purposes that money can be distributed to, and in 1991 the City Council
established the Golden Valley Foundation (now the Human Services Fund) as an advisory board
to the Council. Its purpose is to establish human service needs and evaluate funding available
from charitable gambling to meet that need. Since that time the Human Services Fund has
contributed $1,382,020 to charitable organizations serving human service needs in Golden Valley.
If the City were to move away from funding human service needs, a careful review of both
statute and the administrative rules would need to be done before a final decision could be
made.
Attachments
• Ordinance No. 72, Amendments to the City Cade Regarding Gambling Operations (2 pages)
• Resolution No. 91-102, Resolution Establishing the Golden Valley Foundation as an Advisory
Board to the Golden Valley City Council (3 pages)
• Memorandum from Allen Barnard, City Attorney, dated September 27, 2013 (9 pages)
• Minnesota Statutes 349.12 subd. 25. Lawful purpose (5 pages)
ORDINANCE N0. 72, 2nd SERIES
AN QRDINAHCE AMENDING TNE CITY CpDE
(Amendments to the City Cade Regarding
Gambling Operat�ons}
Th� City Cauncil for the City of Gold�n Valley hereby ardains:
Section 1. City Code Ghapter 6, entitled "OTHER BUSIN�SS REGULATION AND
�ICENSI�G" is hereby amended ta inc1ude a new Sectian 6.46 entit2ed "Gambling
Opera�ions" to read as follaws:
SEC. 6.46. GAN�LING pPERATIONS.
SUBD. l. DEFINITIONS. Pursuant to Minnesota Statutes, C�apter 349, the
State regu ates and �censes lawfuT gambling within the State. The pravisions
af Chapter 349 relating to defini�ian of terms are hereby adopted and made a
part of this Section as if set out in fu11 .
SUBD. 2. EXEMPT GAMBLING. The terms of this Section shall not apply to
those argan��ations exempt rom State licensing pursuant to Minnesata Statutes,
Section 349.166.
SUSD. 3. LICE�SING AND INVESTIGATION FEE. Organizations required to
abtain a Tcense or gamb ng operations rom the State shall also obtaTn a
license from the City by filling aut an application form provid�d by the City.
Licenses issued by the City shal� be goad for a term of one year from January 1
to Dec�mber 31. Only thase organizations eligible for a gambling license issued
by the State and which are locat�d within the City shall be approved to conduct
lawful gambling operations within the Gity. Organizations applying for a
license to conduct 1awful gambling in the City sha1l pay an investigation fee af
$25�.p0; argan�zations renewing such a license shall pay an investigatian fee af
$100.00. Said fee s�all be pa�d along with the submission of its application to
the City Clerk. The fee shall reimburse the City for its cost incident to a
backgr�und investigation of the arganizatia�.
SUBD. 4. C�ARITA�L� CONTRIBUIIdN. All organizations licensed by the State
�o con uct aw u gamb ing Ltcense Organizations") sha1T make a specffic
contributian of 10 percent from its net prafits derived fram lawful gambling
operatians within the City ta a fund administered by the Gity. Fpr the purposes
af this Subdivision, "net profits" are profits 1ess arnnunts expended �or
ailowable expenses. Such contribution shaTl be paid monthly into a fund admi-
nistered and regulated by the City. All sums received into the fund shall be
distributed by the City for a "lawful purpose" as defined in Chapter 349. Such
contributian shall be paid monthly, not more than 20 days after the end af the
month. Such payment sha11 be accompanied by a report containing the fallowing
information upon such form as may be required by the City:
A. Tatal amount of receipts from iawful gambling operat�ons within the
City during the reporting periad.
8. The tataT amount of prizes actually paid out by the organiration
during the reporting period from such grass receipts,
C. The total amount of maney expended far allowa�le expenses
attributable to such gross receipts.
Ordinance No. 72, 2nd Series - Continued pctober 15, 1991
D. The arnount of net profits derived fram lawful gambling operatians
during the reporting period attributable to such gross profits.
�. The signature ofi the person filing the return,
F. The period covered by the return.
SUBD. 5. RESPONSIBLE PARTIES. The gambling manager or managers of a .
License rganization s a e exclusive3y responsible far the timely filing of
all reports, 1ic�nse renewaTs or other documents required by this Ordinance.
SUBD. 6. REVOCATIQN AND TEMPORARY SUSPENSIQN OF �ICENSE. The Counci] may
revake any gam ing operatlan �cense �ssue un er t s sec �an upon a shawing
of cause at a public hearing after the licensee has received timely natice
thereof and has an opportunity ta examin� all witnesses in suppart of revacation
af his or her license and the opportunity to present witnesses on his or her
beha1f, Nati�e may be given in the same manner as that prescribed for service
of process under the Minnesota Rules of Civil Procedure for the Distrfct Courts.
Upon a finding af necessity and probable cause therefare, the Council may
temporar�ly suspend any gambling operation license issued under this section
unti� tt can give notice and hold a heartng an the revacation of the license in
accardance with the prec�eding paragraph af this Subdivision. Such temparary
s�spensian may nat exceed 30 days.
Section 2. City Code Chapter 1 entitled "GENERA� PROVISIONS AND
DEFINITIONS APP�ICABLE TO TH� ENTZRE CI7Y CODE INCLUDING PE�AL7Y �QR VIOLATION"
and City Code Sectfon 6.99 entitled "VIQLATTON A MISDEMEANOR" are hereby adopted
in their entirety, by reference as though repeated verbatim herein.
Section 3. This Qrdinance shall take effect and be in farce fram and after
zts passage and publication or January 1, 1992, which�ver is 1a�er.
Passed by the City Councfi� this I5th day o October, 1991.
ry a en, ,
ATTEST:
ir ey . so , ity er
(Fublished in the New Hop�-Golden Valley Sun Post on Qctober 23, 1991},
,..
, Resolution No. 91-102 December 10, 1991
��ember Stockman introduced the following item and moved its adoption:
RESOLUTION ESTABLISHING THE GOLDEN UALLEY FOUNDATION
AS AN ADUISORY BOARD TO THE GOLDEN VALLEY CITY COUNCIL
I. P1ISSION AND RESPONSIBILITIES
The Golden Valley Foundation Board will study and recommend action to the
City Council :
A. Allocation of funds available to the Foundation for human service
needs in the community.
B. Establishing a definition of hur�an service needs and developing a pro-
cess to recruit or react to funding requests.
C. Developing and periodically updating guidelines to evaluate human ser-
vice needs and the appropriate expenditure of funds to meet these
needs.
D. Evaluating funding available from charitable gambling and determine
whether additional revenue sources should be solicited to meet iden-
tified human service needs.
II. MEP16ERSHIP AND MEETINGS
A. Membership
1. Membership shall consist of the following:
a. Three (3) members from the Human Rights Commission appointed by
the Commission and approved by the City Council .
b. Three (3) citizens-at-large appointed by the City Council .
Emphasis will be on knowledge of human service needs in the
community through participation in organizations such as the
Rotary, League of Women Voters, Optimists, churches or synago-
gues, park and recreation programs, charitable gambling spon-
sors, N.W. Hennepin Human Services Advisory Council , Crime
Prevention Board, or similar organizations, or on evidence of
a personal commitment to the delivery of human service needs.
c. One (1) City Council member appointed by the Council .
2. Persons involved with agencies or groups that anticipate soli-
citing funds from the Foundation should not seek appointment.
B. Meetings
"Golden Valley Foundation By-Laws" will be drafted by the Board and
approved by the City Council to identify regular meeting times and
procedures of the Board.
, Resolution No. 91-102 - Continued December 10, 1991
III. APPOINTMENT PROCESS, TERP� AND VACANCIES
A. Term
Members will serve two-year staggered terms except for the Council
Plember, who will be appointed annually. Terms extend until April 1 or
when a successor is appointed and confirmed.
B. Initial Appointments
Initial appointments shall be for terms extending through April 1,
1993 or 1994, and shall be made as follows:
1. Two-year terms (until April 1, 1994) shall be filled by: 1 HRC
member, 2 citizen-at-large members;
2. One-year terms (until April 1, 1993) shall be filled by: 2 HRC
members, 1 citizen-at-large member;
C. A�pointment Process
1. At its P�arch meeting, the HRC will recommend members for appoint-
ment by the City Council in April .
2. Appointment of citizen-at-large members will be made at the first
Council meeting in April , at which time HRC members will be
approved and the Council position filled. Staff will advertise
for citizen members no later than February of each year, with
names of applicants to be forwarded to the City Council at its
first meeting in March.
3. Initial appointments will occur as soon as possible following the
establishment of the Foundation and extend until April 1 of 1993
and 1994, respectively.
D. Vacancies
Interim appointments to complete an outstanding term will be made if a
vacancy occurs prior to the end of the term.
IV. ANNUAL REPORTING
A. Annual Fundinq Report
The Foundation shall recommend funding for the upcoming year to the
City Council at its first meeting in October in an "Annual Funding
Report." ,
B. Special Reports
The Foundation can make special reports to the Council to consider
emergency requests or adjustments due to revenue shortfalls, but it
must justify the need for consideration outside the parameters of the
annual funding report.
�
' . Resolution No. 91-102 - Continued December 10, 1991
C. Initial 1992 Reportinq
To initiate the activities of the Foundation, the Board will prepare
for Council approval the following:
1. a definition of the scope of human service needs to be
reviewed and evaluated by the Foundation;
2. a process to recruit or react to funding requests;
3. guidelines to evaluate requests in terms of human service
needs and the appropriate level of funding to meet these
needs;
4. by-laws to establish operating procedures of the Board.
This report shall be submitted to the Council for consideration by
July of 1992.
D. 1992 Funding Levels
Funding for 1992 has been established in keeping with prior requests.
Initial funding recommendations made by the Board will be for the 1993
calendar year.
r A. B , en, P�ayo
ATTEST:
S irley J lson, City C erk
The motion �or the adoption of the foregoing resolution was seconded by Member
Johnson and upon a vote being taken thereon, the following voted in favor
thereof: Bakken, Johnson, Russell , Stockman and Thompson; and the following
voted against the same: none; whereupon said resolution was declared duly passed
and adopted, signed by the r��ayor and his signature attested by the City Clerk.
Allen D, Barnard sesr&F�aNncnNUr
Attorney DIRECT 612.3A1.9715 225 South Sixth Street,Suite 4000 Minneapolis,Minnesota 55402
abarnard;a•bestlaw:com TEl 612.339.7121 FAx 612.339,5897 gESrlaw COM
BEST & FLANAGAN
Memorandum
DATEr September 27, 201.3
To; Tom Burt, City Manager
FROM: Allen Barnard, City Attorney
REGARO�NG': Charitable Gambling Ca:ntributions
FILE NUMBER: 000090-4$OS6$
You asked whether the City could utilize the gambiing revenues it receives by ,
contributing them to a 501(c)(3) foundation. You pointed out the language in MN' Stax.
349.213, subd. 1 (f)(2) that provides thax the City may distribute its funds for "charitable
contributions as defined in � 349.12, subd. 7a." Then, if one looks at the definition in MN
Stat. �349.12 subd', 7a one is referred to subd. 25 clause A which provides for any
expenditure by a contribution to a 501(c)(3) organization, ". . . (P)rovided that the
organization and expenditure or contribution are in conformity with standards prescribed by
the board under � 349.154,., , ,";
Since MN Stat, � 349.154 provides for the board to prescribe standards by rule, one
has to look to their-rules. Minnesota Rule 7861.0320, a copy of which is attached hereto,
appears to be the applicable rules in subparts 14, 15,16,and 17. However, it is difficult to
� understand the intent of the law. The rule in subpart 14 relates to organizations making
lawful purpose contributions to themselves—presurnably if the foundation used the money
itself rather than contributed it elsewhere. Subpart 15 provides that the City may make
contributions to 501(c)(3) organizations if they, in fact, comply with the requirements
contained in subpart 15, Subpart 16 relates to Iawful purchase expenditures requiring board
approval and subpart 17 outlines lawful purpose expenditures that are not allowed.
I think the short answer is that it is possible to turn the money aver to a 501('c)(3)
foundation, but we need to'first rnake sure that the foundation meets tha requirements
contained in MN Administrative Rule 7861.0320, subpart 15.
' I hope this is sufficient for your purposes.
UQ009Q/48056£/1707513 1
7R61.0320 Minnesota Rule Page 1 of 8
Minnesota Administrative Rules
7861A320 ORGANIZATION OPERATIONS,ACCOUNTS,REPORTS,AND RECORDS.
Subpart 1.Internat accounting and administrative controts required.
A. An organiz.ation must establish and implement a written system of internal accounting and administrative
controls for its lawful gambling opeiations,on a form prescribed by the board, in adtlition to any other dc�cumented
E�rocedures t.he organiz�tion has approved and irnplemented to meet the following objectives;
(1) transactions are made with management's authorization;
(2) gambling revenue transactions are recorded properly and completely to maintain accountability for
assets;
(3) assets are secured and access to assets is only permitted with management's autharization;
(4) recorde-d gambling funds and equipment are monitored an an ongoing basis and discrepancies are
resolved;
(5) separation oi'duties, functions,and responsibilities to p��otect ihe organization ii•om thel�and frauclulent
reporting and ensure compliance wiih all lawful gambling reporting requirements;and
(6) fair play of the games to the public is not restricted.
B. The organization's members,gamblin�employees,or gambling volunteers must perform,at a i��inimum,the
f'allowing duties:
(1) prepare source documents that include:
(a) inventory records for daily track.in�;ot game inveiltory,site inventory,montlily physical inventory,
and merchandise inventory.The person who maintains the perpetual invenio�y must not be the same person wha
performs the physical invemory;
(b) garnbling deposit slips;
(c) gambling c�ccasion 1nd daily activity records; and
(d) authorization for disbursements of gambling funds;
(2) provide oversight of lawful gambling including Uut not limited to;
(a) conduct of lawful gambling;
(b) monitoring the orgat�izatian's permittcd premiscs ta dctect illegal gamUling;
(c) investigating cash variances;
(d) detenninin�product to be purchased;
(e) ordering product;
(� presenting the gamblin�;report to members at the regular monthly meeting of the or�anization;�ind
(g) ensurin�campliance with the lawful purpose rating under Minnesota Statutes,section 349.15,
SUUC{1V1S1011 l�
(3) hire,discipline,or fire ernployees;
(4) train employees;
(5) deposit gambling receipts into the bank acc�unts;
(6) verify cash banks;and
(7) verii'y that all gambling expenditures,equipment,assets, and receipts are properly accounted for,
C. The orgaa�ization is responsible for verifying the accuracy of records and reports, including but not limited
to:
(1) check register;
(2) monthly bank statement reconciliation;
(3) all tax returns and schedules;
(4) i:inal audit o1'closed games;
(5) bank deposit reconciliation to game a»d bank records;and
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7861.032Q Minnesota Rule Page 2 of 8
(6) reconciliaticrn of physical and perpetual iilventories.
D, The or�anization must use the board-prescribed fortn to document the segregation of funetional
responsibilities for the organization's gambling operations, including the names or titles oi'persons who are
responsible for:
(1) presenting the monthly bambling rep�rt to the or�;anization membership;
(2) ensuring that prior authorization f'or all gambling expenditures is obtained;
(3) recording the monthly gambli�lg report and authorization of expenditures in the organization rneeting
minutes;
(4) preparing checks and electronic transaction�.uthorizations for si�nitures and maintaining the checl<
register that includes check and electronic transactions;
(S) si�ni��g checks firom the gambling account;
(6) maintaining perpetual inventory records,and comparing the physical inventory to the perpetual
inventory;
(7) conducting and verifying the physicai inventory;
(8) maintaining merchandise inventory;
(9) preparin�bank de��osits;
(10) depositing receipts into the�;amblin�;account;
(11) reconciling bank statements to the checks,electronic tr�nst�ctions,and depasits listed in the check
register,and reconciling bank deposits to games and bank records;
(12) auditing closed gaan.es;
(13) verifying and resolving profit carryover variances;
(14) preparing reports required to be submitted to the boai�d and the commissioner oi'revenue;
(15) monitoring th�organization's compliance with the lawful purpose rating wlder�Minnesota Statutes,
section 349.15. subdivision 1;
(16) investigating and resoiving fund losses of'missin�inventory, tickets,or receipts;and
(17) investigating and resolvin�;cash shortages.
E. The board must require that the organization revise its internal accauntin�;and administrative contral
systems if lhey do nat meet the requirements in this subpai�t.Pailure to respond to the board's notice that lhe
organization must revise its internal accounting and administrative control systems must result in the board takin�
disciplinary action.
Subp.2.Method of aceounting. An arganization must use the cash basis method to report gross receipts and
allowable expenses on the tax return except as provided in this subpart.
A. �I'he or�anization must use the accrual basis method to report the cost oI'pull-tabs, paddletickets,tipboards,
bingo paper,raftle tickets, a�id certi.ficates of participation.
B. The organization must use the t�ccruaf basis method to report the taa 1�equired by Minnesota Statutes,section
297E.02,and the monfhly regulatory i�ee required by Minnesota Statutes,section 349.16,subdivision ba.
Subp.3.Gambling bank accounts; expenditures of gambling funds; emergency expenditures. Each
organization must maintain a separa.te gambling bank account at ba�lks,savings and loans institutions,or credit
unions located�vithin Minnesota and comply with the following.
A. "f`he or�anization must maintain a�ambling checking account ihat complies with the requirements of
Minnesota Statutes,section 297E.06, s�ibdivision 2,as prescribed by the commissioner ot'revenue.
B. F��r alt expenditures from the gambling checking account,two signatures of active organization members
are required on all checks and for the au.thorization for electronic transactians. The treasurer of the organization may
not sibn the checks or the authorization for electronic transactions fi�om the ga�nblin6 bank account.
C. 'l�he organization must make all expenditures or contributions of gambling funds from the�ambling
checking accounts,This item does not pertaii�ta emergency expenditu.res which may be made from a source other
than the organization's gan�bling account if the organizatiori's memUership has aUproved the expenditure.
"Emer�;ency expenditure°means a financial obli�ation du.e and payable which, if not met, would require the
organization to inimediately stop gambling,
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7861.0320 Minnesota Rule Page 3 of 8
Subp.4.Deposits and transfers of gambling receipts. The following items pertain ta the deposit and transfer of
ga�nblir�g receipts.
A, �ach organization must deposit into the or�anization's g�mblin�bank account all income derived from or
related ta lawful gambling, including;
(l) all ga�mbling receipts;
(2) interest income;
(3) any rebate or credit refund for an expenditure originally paid with gambling funds; and
(4) advertising income, incluciing any income from sponsors ofthe organization's gambling activities.
B. An organization may transfer gambling funds to a nonchecking gambling bank account.
C. For deposits of gambling receipts,the organization must record on the deposit slip the date aF deposit,
premises permit nunlber, and the following:
(1) for each pull-tab and tipboard game,the game serial number and amount oi'actual cash deposited f'or
eaeh game;
(2) fc�r bingo occasions,the date of each nccasian and amount of actual cash depasited fram each accasion;
(3) for rafFles,the date oi'the raffle and actual amount oP deposit irom the sale of raPfle tickets or certiiicates
, af participation; and
(4) for paddlewheel activity,the actual amount of cash deposited f'rorn each day's paddlewllcel activity and
series number af all paddletickets sold during that day's paddlewheel aetivity.
D. F�unds from a nongambling source must not be deposited in the gambling bank account except as required
by subpart 5 and subpart l6, item 13.
E. Gambling funds must not be transferred to the organization's genet-al bank accounts for any expenditures or
contributions without prior Uoard approval.This item does not pertain to transfers allowed under sub}�art 15, item B.
Subp. 5.Reimbursements to gambling banlc account. An organization may not deposit funds from a
nongarnbling source into the gambling bank account unless the organization is required by tl�e board or as othcrwise
required Uy statute or rule to reimbttrse its gamblir�g accou�lt fior the following rcasons,including but not limited ta:
A. unlawfiil expenditure or expense;
B. cash shortage;
C. fund loss;
D. gambling receipts d�at the organization failed to deposit into the account;
E. bring the orgaizizatian inta campliance with Minnesota Statutes,chapter 297E,as required by the
commissioner of revenue; or
F. bring the organization into compliance as required by the terms of a license termination pian approved by
the bolyd.
Subp. 6.Report to membership and approval of expenditures by membership required.
A. Before gambling funds zre spent,the organization must obtain the apprc�val of its members at a regular
orglnization meeting and record the approval in the meeting minutes.
B. The gambling manager or dcsignee must present a monthly report to the organization's members.The
organization must include the report with the meeti�lg minutes. The report must contain the following information;
(1) gross receipts from each form of lawful gambling conducted;
(2) for each form of lawful �ambling conducted, the dollar amounl:of all �rizes paid uut and total value of
all merchandise prizes awarded;
(3) details on all a(lowable expenses;
(4) records that show how the net receipts from gambl ing activity were spent for lawi'ul pur�ose;
(5) records of�amblin�;equipment purchases,i��cluding:
(a) type,quantity,date purchased,l�id unit cost of eq��ipment�urchased; and
(b) the liceilsed distributor fi•om whom the equipment was purchased;
(6) a month-end physical inv�ntory of all �ames in play and unplayed games, including:
(a) manufacturer's identification, part number,and serial number;
(b) game name;
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7861.0320 Minnesota Rule Page 4 of 8
(c) cost of each�;ame; and
(d) date and signature, in ink, oPthe person completing the inventory;
(7) bank reconciliation that balances with the arganization's profit carryover for each month,and lists:
(a) outstanding checks, including check number,payee,and amount;
(b) outstanding electroilic transactions;
(c) deposits in transit;
(d) beginning and ending bank balances for each month;
($) any correspondence received or sent about the organization's lawful gamUling operations;and
(9) any fund loss discovered during the month.
C. On an annual basis the organization must report to its membership the financial summary repor•t required by
Minnesota 5tatutes,section 349.19,subdivision 5,in a format prescribed by the board.
Subp.7.Report of lawful purpose expenditures to board required.
A. An organization must file with the board a report of lawful purpase expenditures and board-approved
expenditur•es,as required by M.innesota Statutes, section 349.19 subdivision 3, in a fonl�at prescribed by the board.
B..When expenditures are made,the organization il�ust repo��t the expenditure to the bc�ard by the 2Qth day of
the��ext manth,
C. 'I'he organization's gambling manager and chiei'execuCive officer must si6n the report, 'T'he arganization
may appoint a desi�;nee to sign thc repart for eitller the ga�nbling manager or the cl.�ief executive officer, but not more
than one designec signature is allawed on the repart for any month.
Subp. 8.Monthty report to revenue required. The organization must file the following information each month
with the Department of Revenue in a format prese;ribed by the commissioner of revenue:
A. lawful gambling m�nthly activity summary and tax return;
B. summary of receipts and expenses for each permitted premises;
C. summary of played pull-tab ga�nes,tipboard games,or paddleticket groupings and receipts per game;and
D. gambling fund reconciliation.
Subp. 9.Fnnd loss repart or request for a profit carryover adjustment due to fund loss. When�tn
organization has a fund loss b}�questianable means of'its inventory or cash, includin� prizes paid lrom a game not
conducted in compliance with statute and rule,the organization must use the following�rocedures.
A. The or�anization must file a report with local law enforcemei�t authorities within:
(1) five days of discovering the loss;or
(2) 24 hours of discovering a loss fl�am a pull-tab dispensing device.
B. The organ:ization must submit ane of the followin�;to the l�oa��d within b0 days�f discovei�ing the loss:
(1) documentatian that its gambling account was reimbuised for the amount of Yhe fund loss from a source
of nongambling funds and the date the loss was repoi�ed to the or�anization's membership;or
(2) a request for a protit carryover adjustment dtie ta a fund loss, If the organization does not suUmit the
request within 6U days of discovering the loss,the board will not consider the reyuest.
C. An organization that submits a request to the Uoard for�profit canyover adjustment due to a fund loss must
use a form prescribecl Uy the board.Thc request must contain,at a minimum:
(1) or6anization's name,address, license number,premises permit number,and effective daie of the
premises permit where the loss occurred;
(2) monetary value of the loss or total amount of prizes paid i'rom a game not conducted in compliance with
statute and rule;
(3) how and when the loss occurred;
(4) how the assets were secured whe»the loss occurred;
(5) whether the current status of the law enforceme»t investigation is aetive, inactive,or closcd;
(6) whether any portion of the loss has been or will be paid by insurance or restit�ition and, if so,the
anticipa.ted amount to be paid�nd dates of payment;
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7861.0320 Minnesota Rule Page 5 of 8
(7) internal controls in place when the loss occuxred and any changes iliade ta the internal controls and
��ersonnel to prevent future losses;
(8) date the loss was reported to the membership;
(9) signatures of the chief executive ofticer and gambling manager;and
(10) belore t17e request will be considei•ed by the board,the organization must provide the board wit11 copies
of:
(a) the local law enforcement report or a letter showing that the organization has requested a copy of the
report;
(b) a copy of the Schedule B2,if any,and Schedule E'showing how tl�e loss was reported to the
Department oi'Revenue; and
(c) minutes from the mecti.���at which the fund loss was re�orted to the membership,
D. The board must c�nsider the foUowing items when approving or denying a request for a protit carryover
adjustment due to a fund loss:
(1) security pracedures and interna.l controls in effect when tlie lass occurred;
(2) how assets were secured when the loss occurred;
(3) whether established internal controls were followed by the or�anization's employees;
(4) timely filing of tlie local law enforceme�it report;
(5) whether the information in the req�iest was c�mplete;
(6) when the loss oeeu��red, whether an organization employee was in control of the casl�, inventory,or
prizes paid fi•am a game not conducted in compliance with statute and rule;
(7) whether the cash, inventory,or prizes paid from a game not canducted in compliance with statute and
rule wet•e accessible to nonorganization em�loyees;and
(8) if t11e loss occurred after business hours,how tl�e organization protected and cantrolled the cash or
i.nventory.
E. If the board denies a request for a profit carryover adjustment due to a fund loss, the organization must
reimburse its�ambling account for the amount of the fiu�d loss.l"he organization must submit proof of
reimbursement to the board within 90 days of the board's f nal determination.
F. Tlie board must reconsider a request for a profit carryover adjustment due to 1 hmd loss when an
organization presents new information that the organization could not have discovered befaj�e the board's initial
consideration of the reyuest.
Subp. 10.[R.epealed,35 SR 1276; 35 SR 1528]
Subp. 11.[Repealed,35 SR 1276; 35 SR I528J
Sabp. 12.(Repealed,3S SR 1276;35 SR 1528]
Subp. 13.[Repealed,3S SR 127b; 35 SR 1528]
Subp. 14.Standards for 501(c)(3)organizations and 501(c)(4)festival organizations,
A. 'To 6e eligible to make lawful purpose cantributions to itsel�f under Minnesota Statutes,section 349,l2,
subclivision 2S, paragraph(a),clause(l), a licensed Sp I(c)(3)organizatian or 501(c)(4)festiva) organization must
comply with the following:
(1) the arganization's total general fund expenditures for fund-raising, management, and general costs for its
most recent two fscal years must be 30 percent or less. "Fund-raising costs" has the meanin�given in par•t
7861.0210,sitbpart 24. °Management and general costs" has the meaning given in parl 7861.0210,stibpart 34;
(2) on an annual date dctermined by the board,the argar�►ization must submit to the board a copy of the
organization's annu:al repoi�t on income and expenses that was provided to the Inten�al Revenue Service,or in a
format prescribed by the baard;anci
(3) the board must determine i'f the organizalion meets the standards under subitem (1).
B. If an or�;aniz<rtion did not report the percentage or the board determines that the organization does not meet
the standards under itein A,then any expenditure made by the arganization under Minnesota Statutes,section 349,12,
subdivision 25, paragraph(a),clause(t), must be:
(1) related to its program services wl.�ich do n�t include fund-raisin�, management, and general costs;and
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7861.0320 Minnesota Rule Page 6 of 8
(2) paid directly fram the gambling checking accow�t.
C. Nothing in this subpart prohibits an organization from making other lawful purpose expenditures as allowed
under Nlinnesota Stahrtes,section 349.12, subdrvision 25.
Subp. 15.Lawful purpose expenditures allowed. In addition to lawful purpose as defined in Minnesota Statutes,
section 349.12,subdivision 25,an organization may malce a lawful purpose expenditure for the following.
A. i1 contribution may be made to a 501(c)(3)organization or SOl(c)(4)festival organization if the
organization does not:
(1) exist primarily for the pu.rpose ofreceivinb and distributing�;ambling profits;
(2) have more than 49 percent of its membership in common with the contributinb organization;and
(3) have an officer, director,or other person in a managerial position who is also an offiicer,director,or
management person in thc cantributing organization.
B. A contriUution may be made by a 501(c)(3)organiz�tion or S01(c}(4)festival organization to itself for its
primary p�n�pose if the board has detarmined thac the or�anization has complied with subpart 14,item A.
C, A contribution may bc made to a person or family sufiferin�from �overty, homelessness,or disability if the
cc�ntribution is reasonably calc�ilated to relieve the effects of that poverty, homelessness,or disabiliky. �1 contribution
may be made to a nonprofit cc�rporation that exists exclusively for these re{ief purposes iPthe entire contrib��tion is
used to relieve one or more of these effects,Disability includes,but is not limited to, physical or mental di fficulties in
doing daily tasks and activities such as personal care, meal preparalion,cleanin�, transpor•tation,or athletic activities.
D, A contribut.ion or expenditure may be made to or on l�ehalf af a public or�rivate nonprofit educational
institution registered with or accredited in Miimesota or any other state.If a contributian or expenditure is made ta or
on behalf of a puUlic educational institution the organizalion must document the contribution or expendit�u•e on a
form prescribed by the board showing the request fi�om or acknawledgment of the instit�rtion.T'he organization must
keep the cpmpleted form in its records,
E. A contribution �nay be made for scholarships accordin�;to Minnesata Statutcs,section 349.12,subdivision
25, para�raph(a),clause(5), if:
(1) the selection process does not discriminate based on race,gender, religion,national origin, marital status,
disability,or age;
(2) the scholarsl�ip is not limited to organization members or their immediate fa�l�ilies;
(3) the criteria for the selection process is communicated to all participants and to all organization rnembe��s;
and
(4) the names oti the persons awarded scholarships are public and communicated to all organization
members.
F. A contribution or an expenditure may be made for the cost of activities recognizin�mi{ita�y service to the
United States, lhe state of Minnesota, o►•a community if the followin�criteria is met.
(1) Any membcr of the organization mal<ing the contribution or e�penditure may not receive any money,
money equivalent,gaods,or services with a marl<et value greater than $10, In any 12-month Ueriod, the total amount
of contributions and expenditures for a person must not exceed $IO0.These limits do not apply to contributions or
expenditures made I-or members who are active military personnel and their immediate family members in need of'
support services or to expenditures made Por membership events allowed under Minnesota Statutes,section 349.12,
subdivision 2S,paragraph(a),clause(17).For purposes of this subitern, "immediate family members"means persons
livin�in the same residence as the active military personriel.
(2) lf a coniribution is made to or�n behalf of a u:nit of gavernment the organization must document the
contribution or expenditure on a fortin prescribed by the board showing the request i'rom or acknowledgment oPthe
uilit of governiY�cnt.The organization must keep the complcted form in its records.
G. A coutribution inay be made for recreational,community,and athletic facilities and activities intended
prim�rily for persons under age 21 if the facilities and activities 1re available ta both bnys and girls and the
oUporCunity to participate shows fheir interest in the activity. °Prima.rily" is demonstrated by written documentation
showing thaC programs for persons under age 21 are given priority schecluling consideration. E;qual opporlunity must
be given fo�°
(1) provision of equipment and supplies;
(2) scheduling of aclivities,including games and practice times;
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7861.0320 Minnesota Rule Page 7 of 8
(3) supply and assignment of coaches or other adult supervisors; and
(4) pravision and availabiiity of support faciliiies,
H. A contribution may be made to ar on behalf of any unit of government as authorized by Minnesota Statukes,
section 349,12, subdivision 25,paragraph (a),clause(]0).The oiganization must doc�nnent the contribution or
expenditure on a form prescribed by the board showing the request fi�om or acknowledgment of th��mit of
government and 1<eep the completed form in its records.
I. A cantribution for activitics recognizing l.lumanitarian service includes expenditures for transportation,food,
and beverages given to persons inaking blaod donations.
J. Expenditures may be m�►de for gcooming and maintaining snowmobile and all-terrain vehicle trails that are
open to public use or are designated as�rant-in-aid h•ails by the commissioner of natural resources under Minnesota
Statutes,sections &4.83 and 84.927. Expenditures may be made for supplies and materials for sa(ety training and
educational programs coorciinated by the Depactmcnt ofNatura! Resources. This item includes tlie repair of
equipment used exchisively for the groomi�lg and maintenance of public i�se snowmobile or all-terrain vehicle trails
that are not in the Department of Natural Resc�urces grant-in-aici program or other reimbursement progr�m. Lawful
purpose expenditures made under Mit���esota Statutes,section 3�9.12,subdivision 2S, paragraph(a),clauses([3),
(23),and (24),are not eligible for reim6ursement under the grant-in-aid pragram. Before an expenditure is made,the
organization must abtain approval of the project or activity fi•om the commissioner of natural resources or its agents.
The organization must document the approval on a form prescribeci by the board and keep tlle completed forn� in its
records.
K. Gxpenditures may he made for citizen monitoring of surface w�ter quality as allowed under Minnesota
Statutes,section 349.12, subdivision 25,paragraph(a),clause(12).E3efore an expenditure is made,the organization
must obtain approval of the project from the Minnesota Pollution Controi ngency. The organizaiion must document
khe approval on a form prescribed by the board and ke.ep the completed form in its records.
Subp. 16.Lawful purpose ex�enditures requiring board approval. This subpart governs lawful purpose
expenditures that require bc�ard approval before an expenditure may be made as allowed under Mi��nesota Statutes,
section 349.t2, subdivision 25, paragraph(a).The organization must submit a request for board consideration in a
format prescribed by the board.
A. For a replacement building as allowed under Mi�.inesota Statutss,section 349.12, subdivision 25, paragraph
(a),clause(25),the replacement structure must be used for the same or similar purposes as the building being
replaced and must have essentially the same square footage as the building being replaced.Additional costs for
landscaUing,building code, or parking lot requirements eequired by the local unit of government after the original
building was built may be included.
B. An organization that received board approval to mal<e an expenditure for a mort�;age payment or ather debt
service must obtair�prior boai•d approval for any increase in the expenditure, including refin�ncing or other debt
restruchiring thaf increases the debt batance, Closing costs are not included. �1ny equity withdrawn from real
property or a capital asseY as part of the ret'inancin�;or other debt restructuring is considered gambling gross protits
and must be deposited in the organization's gambling bank acco�u�t.
C. With prior approval of the board,a contribution may be made to a parent organization at the Mi�mesota state
level if the parent organization has submitted to the board a list of the charitable contributions,as defined under
Minnesota Statutes,section 349.12,subdivision 7a,for which the parant organization will use the conh•ibutions.
Subp. 17.Lawfal purpose expendifures not allowed. In addition to 1Vlinnesota Statutes, section 349.12,
subdivision 25, para�raph(c), lawful purposa does not inciude any of the following:
A. interest on taxes,tax penalties,or interest on tax penalties;
B, any expenditure, contribution,or other distribution of gamblin�gross prof ts Cor which lhe organization
kceps any control over the funds,except as al lowed in subpart I 5,item [i;
C. any contribution or expenditw•e that results in any monetary,economic, financial, or malerial benefit to the
organization making ihe corrfribution or�expenditure;
D. any contributian or expenditure that is not allowed under the conflict of interest provisions of the Minnesota
Nonprofit Coiporatioil Act, Minnesota Statutes,section 317A,255;
E, the�urchase of�ny intoxicating liquor,wine, or malt beverages; and
F. fund-raising costs,e�cept as allowed by subpart l5, item I3.
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7861.0320 Minnesota Rule Page 8 of 8
Subp. 18.Records and reports maintained. An organization must maintain documentation showing that
expenditures of gambiin�gross profits are either an allowable expense or a IawfuJ purpose. Cach organization must
maintain camplete,accurate,and legible records with documentaCion to support all gambling transactions.The
organization must record all inventory records, including perpetual,physical,site,and merchandise prize records,in
a format prescribed or approved by the board. Al) records must show the gross receipts, prizes, net receipts,expenses,
and all other a.eco�mting transactions. The organization must keep all records arld reports for 3-1/2 years.
StatutoryAuthority: MSs 14.OS5; 349.12; 349.151; 349.154; 349.155; 3=l9.16; 349.162; 3•19J63; 3�9.1635;
3�9.165; 3�9.166; 399.167; 3d9.169; 3-f9.1?; 349.1711; 3�9,1721; 3�.9,173; 3�9..19; 349.191; 3�9,211
History: 31 SR 1239; 35 SX 1276; 3.S SR 1528
Posted: A��r-il 7, 2011
https;//www.revisor,mn.gov/rules/?id=7861,0320 9/27/2013
Subd. 25.Lawful purpose.
(a) "Lawful purpose" means one or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or festival organization, as
defined in subdivision 15a, provided that the organization and expenditure or contribution
are in conforinity with standards prescribed by the board under section 349.154, which
standards must apply to both types of organizations in the same inanner and to the same
extent;
(2) a contribution to or expenditure for goods and services for an individual or
family suffering from poverty, hoinelessness, or disability, which is used to relieve the
effects of that suffering;
(3) a contribution to a prograin recognized by the Minnesota Department of Human
Services for the education, prevention, or treatment of problem gambling;
(4) a contribution to or expenditure on a public or private nonprofit educational
institution registered with or accredited by this state or any other state;
(5) a contribution to an individual, public or private nonprofit educational institution
registered with or accredited by this state or any other state, or to a scholarship fund of a
nonprofit organization whose priinary mission is to award scholarships, for defraying the
cost of education to individuals where the funds are awarded through an open and fair
selection process;
(6) activities by an organization or a government entity which recognize military
service to the United States, the sta�te of Minnesota, or a community, subject to rules of
the board, provided that the rules inust not include mileage reimburseinents in the
computation of the per diem reimbursement liinit and must impose no aggregate annual
limit on the ainount of reasonable and necessary expenditures made to support:
(i) members of a military marching or color guard unit for activities conducted
within the state;
(ii) ineinbers of an organization solely for services performed by the meinbers at
funeral services;
(iii) members of military marching, color guard, or honor guard units inay be
reimbursed for participating in color guard, honor guard, or marching unit events within
the state or states contiguous to Minnesota at a per participant rate of up to $50 per diem;
or
(iv) active military personnel and their immediate family members in need of
support services;
(7) recreational, coinmunity, and athletic facilities and activities intended priinarily
for persons under age 21, provided that such facilities and activities do not discriininate
f
on the basis of gender and the organization coinplies with section 349.154, subdivision
3a;
(8) payment of local taxes authorized under this chapter, taxes iinposed by the
United States on receipts from lawful gambling, the taxes imposed by section 297E.02,
subdivisions 1, 5, and 6, and the tax iinposed on unrelated business income by
section 290.05, subdivision 3;
(9) pa}nnent of real estate taxes and assessments on per�nitted gambling preinises
owned by the licensed organization paying the taxes, or wholly leased by a licensed
veterans organization under a national charter recognized under section 501(c)(19) of the
Internal Revenue Code;
(10) a contribution to the United States, this state or any of its political subdivisions,
or any agency or instrumentality thereof other than a direct contribution to a law
enforceinent or prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit organization which is a church or
body of coinmunicants gathered in common ineinbership for mutual support and
edification in piety, worship, or religious observances;
(12) an expenditure for citizen monitoring of surface water quality by individuals or
nongoveriunental organizations that is consistent with section 115.06, subdivision 4, and
Minnesota Pollution Control Agency guidance on lnonitoring procedures, quality
assurance protocols, and data inanageinent, provided that the resulting data is subinitted
to the Minnesota Pollution Control Agency for review and inclusion in the state water
quality database;
(13) a contribution to or expenditure on projects or activities approved by the
coininissioner of natural resources for:
(i) wildlife management projects that benefit the public at large;
(ii) grant-in-aid trail maintenance and grooming established under
sections 84.83 and 84.927, and other trails open to public use, including purchase or lease
of equipment for this purpose; and
(iii) supplies and materials for safety training and educational programs coordinated
by the Department of Natural Resources, including the Enforcement Division;
(14) conducting nutritional programs, food shelves, and congregate dining programs
primarily for persons who are age 62 or older or disabled;
(15) a contribution to a coininunity arts organization, or an expenditure to sponsor
arts programs in the community, including but not limited to visual, literary, performing,
or musical arts;
(16) an expenditure by a licensed fraternal organization or a licensed veterans
organization for payment of water, fuel for heating, electricity, and sewer costs for:
(i) up to 100 percent for a building wholly owned or wholly leased by and used as
the primary headquarters of the licensed veteran or fraternal organization; or
(ii) a proportional amount subject to approval by the director and based on the
portion of a building used as the primary headquarters of the licensed veteran or fraternal
organization;
(17) expenditure by a licensed veterans organization of up to $5,000 in a calendar
year in net costs to the organization for meals and other membership events, limited to
members and spouses, held in recognition of military service. No more than $5,000 can
be expended in total per calendar year under this clause by all licensed veterans
organizations sharing the same veterans post hoine;
(18) payment of fees authorized under this chapter imposed by the state of
Minnesota to conduct lawful gambling in Minnesota;
(19) a contribution or expenditure to honor an individual's humanitarian service as
demonstrated through philanthropy or volunteerism to the United States, this state, or
local community;
(20) a contribution by a licensed organization to another licensed organization with
prior board approval, with the contribution designated to be used for one or inore of the
following lawful purposes under this section: clauses (1) to (7), (11) to (15), (19), and
�25)�
(21) an expenditure that is a contribution to a parent organization, if the parent
organization: (i) has not provided to the contributing organization within one year of the
contribution any money, grants, property, or other thing of value, and (ii) has received
prior board approval for the contribution that will be used for a program that meets one or
more of the lawful purposes under subdivision 7a;
(22) an expenditure for the repair, maintenance, or improveinent of real property and
capital assets owned by an organization, or for the replacement of a capital asset that can
no longer be repaired, with a fiscal year limit of five percent of gross profits from the
previous fiscal year, with no carryforward of unused allowances. The fiscal year is July 1
through June 30. Total expenditures for the fiscal year inay not exceed the liinit unless
the board has specifically approved the expenditures that exceed the liinit due to
extenuating circumstances beyond the organization's control. An expansion of a building
or bar-related expenditures are not allowed under this provision.
(i) The expenditure must be related to the portion of the real property or capital asset
that must be made available for use free of any charge to other nonprofit organizations,
community groups, or service groups, and is used for the organization's primary mission
or headquarters.
(ii) An expenditure may be made to bring an existing building that the organization
owns into compliance with the Americans with Disabilities Act.
(iii) An organization may apply the ainount that is allowed under item (ii) to the
erection or acquisition of a replacement building that is in compliance with the
Ainericans with Disabilities Act if the board has specifically approved the ainount. The
cost of the erection or acquisition of a replacement building may not be made from
gambling proceeds, except for the portion allowed under this item;
(23) an expenditure for the acquisition or improvement of a capital asset with a cost
greater than $2,000, excluding real property, that will be used exclusively for lawful
purposes under this section if the board has specifically approved the amount;
(24) an expenditure for the acquisition, erection, improvement, or expansion of real
property, if the board has first specifically authorized the expenditure after finding that
the real property will be used exclusively for lawful purpose under this section;
(25) an expenditure, including a inortgage payment or other debt service payment,
for the erection or acquisition of a coinparable building to replace an organization-owned
building that was destroyed or inade uninhabitable by fire or catastrophe or to replace an
organization-owned building that was taken or sold under an eininent doinain proceeding.
The expenditure inay be only for that part of the replaceinent cost not reiinbursed by
insurance for the fire or catastrophe or compensation not received from a governmental
unit under the eminent doinain proceeding, if the board has first specifically authorized
the expenditure; or
(26) a contribution to a 501(c)(19) organization that does not have an organization
license under section 349.16 and is not affiliated with the contributing organization, and
whose owned or leased property is not a permitted preinises under section 349.165. The
501(c)(19) organization may only use the contribution for lawful purposes under this
subdivision or for the organization's primary mission. The 501(c)(19) organization may
not use the contribution for expansion of a building or for bar-related expenditures. A
contribution inay not be made to a statewide organization representing a consortia of
501(c)(19) organizations.
(b) Expenditures authorized by the board under clauses (24) and (25) must be 51
percent coinpleted within two years of the date of board approval; otherwise the
organization inust reapply to the board for approval of the project. "Fifty-one percent
completed" means that the work coinpleted must represent at least 51 percent of the value
of the project as docuinented by the contractor or vendor.
(c) Notwithstanding paragraph (a), "lawful purpose" does not include:
(1) any expenditure made or incurred for the purpose of influencing the noinination
or election of a candidate for public office or for the purpose of proinoting or defeating a
ballot question;
(2) any activity intended to influence an election or a governmental decision-making
process;
(3) a contribution to a statutory or hoine rule charter city, county, or town by a
licensed organization with the knowledge that the govermnental unit intends to use the
contribution for a pension or retireinent fund; or
(4) a contribution to a 501(c)(3) organization or other entity with the intent or effect
of not coinplying with lawful purpose restrictions or requirements.
���� ��
City Administration/Cauncil
763-593-8003/763-593-81051(fax)
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Executive Summary
Golden Valley Council/Manager Meeting
October 8, 2013
Agenda Item
5. 2014 Legislative Policies
Prepared By
Thomas Burt, City Manager
Summary
For a number of years the City Council has adopted Legislative Policies in order to share local
priorities with area legislatars and seek their assistance in forwarding these priorities.
Staff has prepared statements regarding the following policies: Bonding Bill: Bottineau LRT
Financing, Douglas Drive, Highway 169 (I-394 to I-94), Emerald Ash Borer; Liquor License at
Brookview Golf Course; Levy Limits; Fiscal Disparities; and Providing Information to Citizens.
Attachments
• 2014 Legislative Policies (8 pages)
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2014 Le islative Policies
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Presented at the Council/Manager Meeting October 8,2013
Policy 1-1. Bonding Bill - Bottineau LRT
Issue
In December 2012,the City of Golden Valley officially endorsed the Light Rail Transit(LRT) B-C-D1
alignment as the Locally Preferred Alternative for the Bottineau Transitway.The Metropolitan
Council later adopted the Bottineau Transitway Locally Preferred Alternative into the Metropolitan
Transportation Policy Plan.The Bottineau LRT is planned to enter Golden Valley along the
Burlington Northern Santa Fe(BNSF) Railroad Corridor in the south and travel adjacent to
parkland,residential,and institutional areas on the east side of Golden Valley.
The Hennepin County Regional Railroad Authority is currently beginning the Station Area Planning
process for two potential station locations in Golden Valley.Issues surrounding potential stations,
located at the proposed LRT's intersection with Golden Valley Road and Plymouth Road,must
be identified and studied.The designation of the LRT B-C-D1 alignment also enables future
environmental study and engineering workto occur.
The Hennepin County Regional Railroad Authority,in collaboration with the Metropolitan Council
and the cities of Golden Valley,Minneapolis, Robbinsdale,Crystal,and Brooklyn Park,continue
to work toward identifying and mitigating issues surrounding the eventual construction and
implementation of the Bottineau LRT.Additional funding for future study and community
outreach efforts is necessary to ensure that the project moves forward.
The Bottineau LRT is part of a broader plan to expand mass transit options in the Minneapolis/
St Paul metropolitan area.As the region continues to grow,investment in an enhanced
transportation network is essential.There are currently six additional regional transitways currently
under study or development in the region.Increased funding for the development of light rail
transit and bus rapid transit is essential for the growth and well-being of the Minneapolis/St Paul
metropolitan area.
Response
The City of Golden Valley urges support of light rail transit and bus rapid transit options,and
seeks funding to enhance study and community outreach efforts for issues surrounding the
development of the Bottineau LRT.
7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 1
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Policy 1-2. Bonding Bill - Douglas Drive
Issue
In July 2008,the City of Golden Valley officially began a study of its Douglas Drive corridor,which
runs from Olson Memorial Highway(Highway 55)to Medicine Lake Road (County Road 70).To
continue addressing suggestions identified in the Douglas Drive Corridor Study to improve driver
and pedestrian safety as well as traffic efficiency,the City is partnering with Hennepin County
to implement a 2016 reconstruction project that would add turn lanes,allow for shoulders and
bike lanes,improve sidewalks,install streetlights,and place existing above-ground utilities
underground.The project has an estimated cost of about$23 million.The City's portion of the
project will be approximately$13 million,and Hennepin County will pay approximately$10
million.
In addition,as part of the preliminary design process,concepts have been developed to improve
the intersection of Highway 55 and Douglas Drive.To the south of this intersection is the Perpich
Center for Arts Education and the Arts High School.The existing intersection has significant con-
gestion and confusing turning movements, bus stops,and a high level of pedestrian usage that
have resulted in an unsafe intersection with a high number of vehicle crashes.Funding for the
work at the intersection of Highway 55 and Douglas Drive has not been secured.
Response
The City of Golden Valley seeks funding to improve operations,safety,and mobility at the inter-
section of Highway 55 and Douglas Drive.Future improvements would better accommodate
vehicles,pedestrians,transit,etc.
Page 2 City of Golden Valley��2074 Legislative Policies
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Policy 1-3. Bonding Bill - Highway 169 (I-394 To
I-94)
Issue
The 20-Year Minnesota State Highway Investment Plan indicates that no capacity improvements
are planned for the US Highway 169 corridor between I-394 and I-94.Travelers experience from
under one hour to up to four hours of congestion daily.Furthermore,since 2002 there have been
more than 1,100 vehicle crashes along the corridor,in which 25 percent resulted in injury and
one crash resulted in a death.The corridor provides access to many businesses,including General
Mills,the Target Corporation,CS McCrossan,St Jude Medical,Select Comfort,Caterpillar,and US
Foods,to name a few.In addition,institutions such as the Hennepin Technical College,the Rob-
binsdale School District,and others use the corridor as a primary access.
Improvements to US Highway 169 have occurred north of I-94.Additional improvements have
been completed at the I-494 interchange to the south.Since early 2013,City officials have been
meeting with MnDOT staffto define needed transportation improvements along the US Highway
169 corridor and to identify potential funding sources.
Response
City of Golden Valley seeks funding for a US Highway 169 study from I-394 to I-94 to identify
needed improvements intended to reduce congestion and improve safety.
7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 3
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Policy 1-4. Bonding Bill - Emerald Ash Borer
Issue
The Emerald Ash Borer(EAB) is a destructive beetle that has killed tens of millions of ash trees
throughout the Midwest.The beetle was first discovered in the Minneapolis area in 2009 and has
currently been identified within two miles of the Golden Valley border.
The City of Golden Valley proactively developed an EAB Management Plan in 2010 and updated
it in 2012 to include a complete public tree inventory.The inventory identified that more than 24
percent of Golden Valley's public property trees are ash.There are a total of more than 2,000 pub-
lic ash trees and countless private ash trees throughout the community.
The City of Golden Valley is very concerned about the total number and concentration of public
and private shade trees that are in jeopardy from this destructive beetle.Currently,there is mini-
mal funding and resources available to mitigate for the inevitable tree impacts on public and
private property.
Response
The City of Golden Valley supports procuring funding through state sources to help the City and
private property owners with removal of infested trees and reforestation activities.
Page 4 City of Golden Valley��2014 Legislative Policies
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Policy 2. Liquor License At Brookview Golf
Course
Issue
The City of Golden Valley purchased Brookview Golf Course on November 1, 1968 and began
its first year of operation in 1969.Since that time the food and beverage operations have been
an important aspect of the business.Current state law mandates that the City of Golden Valley
is only allowed to sell Brookview Golf Course a 3.2 beer license and nothing stronger.Therefore,
Brookview Golf Course has only carried and sold 3.2 beer.
It has become increasingly difficult to purchase and offer multiple varieties of beer in a 3.2 option.
Further,there are many options for the public to choose from with the large number of golf cours-
es and event centers in the Twin Cities metro area.Staff feels strongly that a liquor license will help
Brookview distinguish itself amongst competitors,remain viable in the market,offer products and
services that Brookview's customer and patron base have requested and come to expect,and to
increase the profitability of Brookview's operations.
Under Minnesota Statute 340A.601 -Establishment of Municipal Liquor Stores,Brookview Golf
Course in unable to purchase a liquor license;however,special provisions have been made for
other businesses under Minnesota Statute 340A.404.
Response
Brookview Golf Course recommends legislation for a special provision under Minnesota Statute
340A.404-Intoxicating Liquor;On-Sale Licenses.This would enable Brookview Golf Course to pur-
chase an intoxicating liquor license from the City of Golden Valley.Special provisions have been
made for other Minnesota businesses,including:
• City of Minneapolis(GuthrieTheater,CricketTheater,Orpheum Theater,StateTheater,Historic
PantagesTheater,Walker Arts Center's concessionaire,Target Center)
• City of St Paul (Fitzgerald Theater,Brave New Workshop)
• various publicly owned recreation (Duluth Entertainment and Convention Center,Board of
Regents of the University of Minnesota for events at Northrup Auditorium,TCF Bank stadium,
state agency responsible for Giants Ridge Golf&Ski Resort in Biwabik,MN)
7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 5
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Policy 3. Levy Limits
Issue
Levy Iimits undermine local budgeting processes,planned growth,and the relationship between
locally elected officials and their residents by allowing the state to decide the appropriate level of
local taxation and services,despite varying local conditions and circumstances.
For example,while working on its Capital Improvement Program(CIP),the City of Golden Valley
reviews many revenue sources for financing future needs of the City.Levy limits make it impos-
sible for the City to plan accurately for renewal of its infrastructure without compromising its bond
rating.
Response
The City of Golden Valley and Metro Cities strongly oppose levy limits.
Page 6 City of Golden Valley��2014 Legislative Policies
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Policy 4. Fiscal Disparities
Issue
Since enacted in 1971 and implemented in 1975,Fiscal Disparities has required cities to share a
portion of their commercial and industrial tax base growth with other jurisdictions.The contribu-
tion amount is based on the relative fiscal capacity of each community,which is measured by the
market value per capita.Because Golden Valley has a high fiscal capacity,it contributes more to
the pool than it receives.In 2013,Golden Valley will contribute$5,460,857 in net tax capacity.
In recent years,more commercial and industrial parcels have petitioned for market value changes.
It may take a number of years to settle a petition,and the ruling can allow valuations to be revised
for the contested year as well as up to two years prior.
For example,for taxes payable 2014,the 2012 taxable market values for commercial and industrial
properties were used to establish Golden Valley's contribution to the fiscal disparities formula.In
2013,Golden Valley had many parcels petition to lower their valuations and the adjustments are
lagging.
Response
The City of Golden Valley supports a comprehensive study of fiscal disparities to evaluate how it is
meeting its original intent and whether revisions to the law are in order.
7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 7
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Policy 5. Providing Information To Citizens
Issue
To keep the public updated and informed,state law requires local units of government to publish
various official notifications and documents in newspapers and often dictates which newspapers
receive cities'publication business.The number and variety of documents cities are required to
publish,as well as the costs of publication,are burdensome.
The media and newspaper industry continues to experience significant changes and declining
subscriptions.At the same time technological advancements have expanded options cities can
use to provide information to citizens,and citizens are demanding and expecting it.These new
technologies are often more efficient,widely and easily accessible,and cost effective.Current
state law regarding public access to city codes of ordinances should also address these changes
for how citizens,the private sector,and other entities will have access to alternatives to existing
news publications to obtain official government notices,documents,and information.
Response
The City of Golden Valley believes the Legislature should eliminate outdated or unnecessary publi-
cation requirements and that cities should be authorized to:
• take advantage of new technologies to increase the dissemination of information to citizens
and potentially lower the associated costs
• designate an appropriate daily/weekly publication
• use alternative means of communication,such as city newsletters,cable television,video
streaming,e-mail,blogs,and city web sites
• expand the use of summaries where information is technical or lengthy
• publish and provide public access to local codes of ordinances on a website and to post revi-
sions and changes to city codes,resolutions,and rules on the city website,when feasible
Pdge 8 City of Golden Valley��2014 Legislative Policies
4'�Y y V�� .. L..
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City.Administration/Council
763-593-8003/763-593-8109(fax)
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Executive Summary
Golden Valley Council/Manager Meeting
October 8, 2013
Agenda Item
6. 2013 Earth Hour City Challenge
Prepared By
Thomas Burt, City Manager
Summary
Council Member Clausen requested this item be placed on the agenda.
Attachments
Instructions for Earth Hour City Challenge candidates (11 pages)
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Guidance for Local Government Representatives to enter information
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These instructions are complementary to the User Manual
for Local Governments representatives which is available�nn
http://citiesclimateregistry.org/wwf-earth-hour-city- °
challenge-2o14/
'T'he Earth Hour City Challenge 20�;3-20��.is open to�i�ies '
in mc��than �� countries inciuding Belgitlm,�3�`azil, Canada, „,
<.' Denm�rk,Finland,�I�.dia, Italq,`Indonesia; Nlexico, l�iorway, -���;y :
���;Netherlands, Swe�den,Sout� iZ�re�and:�7'SA. See p��a c�,g�; _;�
a,�t�r updates on courj,�ries�i�uded� `, ���" �,�. '• �
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CONTENTS
INTRODU[TION 4
Earth Hour City Challenge—Background and objecti��e 4
Evaluation procedure and criteria 4
How to participate in the EHCC 6
Registration for EHCC on cCCR �
DATA INPUT FOR EHC[ 9
City Info q
City Commitments 9
City�Performance io
City Actions io
W WF—Instructions for Earth Hour City Challenge candidates 2m3-2o�4 3
I N T R a D�1 C T I 0 N Earth Hour City Challenge—Background
and objective
The�orld is currently in a state of rapid
urbanization and cities already account for over
�o%of the world's fossil fuel related CO2 emissions.By�205o more than two-thirds
of the global population will live in cities,and it is forecasted that USD 35o trillion
�vill be invested in urban infrastructure and used over the next 3o y�ears.If everyone
on the planet li��ed as the average developed country urban resident does today,we
would need more than three planets to provide the natural resources and absorption
of the carbon dioxide emissions that this lifestyle would demand.
If future im�estments in cities follow a business-as-usual(BAU)trajectory,our
dependence on fossil fuel energy will continue.As a result energy-intensive
infrastructures and lifestyles�vould be reinforced and appropriate more than half
of humanity's global carbon budget in only 3o years.As a result billions of people
may have to pay the economic,social and ewlogical costs of carbon lock-in.The
�ii� �1 � good news is that solutions already exist that can dramatically reduce the carbon
footprints of cities while better meeting human needs.Based on progressiee
de��elopment strategies,using best urban planning practice and best available
energy-efficiency and renewable energy solutions,global investment can leverage
the potential of cities to become solution hotspots for a future in�+�hich the human
I economy fits within the capacity of one li��ing planet.
The Earth Hour Cit}-Challenge(EHCC)is an initiati��e designed b}�WWF to mobilize
� action and support from cities in the global transition to�+�ards a climate friendly,
one-planet future,and to stimulate the de��elopment and dissemination of best
� � � � practices for climate mitigation and adaptation.It���ill be run as a recurrent and
� increasingly global challenge for cities to present ambitious,holistic,inspiring and
credible plans for lo�v carbon de��elopment and for dramatically increasing the use
of sustainable and efficient renewable energy solutions in the next few decades.
The primary focus of the challenge in 2oi3-2oi4 is on city actions that help moee
investment flows from fossil fuels to renewable and sustainable energy solutions.
The EHCC builds on the understanding that cities in different parts of the world have
different roles in the transition towards a climate-friendly,one-planet future.Cities
in the developing world may focus more on low-carbon development and efficiency
measures to reduce energy�need relatiee to BAU,while cities in the developed world
should emphasize actions to reduce the total carbon footprint of their citizens and to
dramatically increase the share of renewable energy in their energy mix.The EHCC
aims to highlight diverse solutions and challenges for cities in different parts of the
world,but also to identify options for more nehvorking and collaboration between
these cities.This also builds on the understanding that all cities will ultimately face
similar challenges in securing human needs in a carbon constrained world.
WWF—Instructions for Earth Hour City�Challenge candidates 2m3-2o�4 4
Evaluation procedure and criteria
W WF has commissioned an internationally recognized consultancy to provide
quality control of the evaluation process and refines the evaluation criteria in
dialogue with experts from an international jury(representing,for example,ICLEI,
CDP and C4o.When the application window closes in October 2oi3,the information
provided in the carbonn Cities Climate Registry(cCCR)will be analyzed to identify
up to three finalist cities per country.Based on the selection of finalist cities,the
international jury of experts will identify a national Earth Hour Capital for each
country,and one global Earth Hour Capital for the world.Both finalist cities and
Earth Hour Capitals will be announced and celebrated in conjunction with Earth
Hour in March 2oi4 and onwards.
For the a�vards,the jury�vill be looking for cities that demonstrate an inspiring,
ambitious and credible agenda to move towards a renewable and sustainable
economy��vith pace and a clear strategic connection bet�veen actions and targets.
Actions that contribute to a shift of money flows from fossil to renewable energy
solutions will be particularly favoured.Engagement in multi-city initiati��es at the
international level,such as the Co�°enant of Mayors or the Mexico City Pact,or at the
national le��el,such as the U.S.Mayor's Climate Protection Agreement,�vill also be
considered a positive attribute in the e�°aluation procedure.
In order to level the playing field,the jury will take into account differences in resources
and starting points;the Earth Hour Cit�•Challenge is not about ha��ing the most hi-
tech plans,but about commitment and innoeati�•e thinking that focuses on rene�,-able
and sustainable solutions to the benefit of both people and the planet.The jury's
focus��•ill be on identif}�ing inspiring cases of leadership in this regard,also including
consideration of the local context,eg national/regional support for urban sustainabilit��,
resources available,local challenges such as urban po��erty,and city size.
Overall,the international jury will be particularly looking for cities that are:
• Mo��ing toward a low carbon economy and strongly promoting the use of rene�vable
energy solutions.Reported actions,commitments and inventories will be
eualuated to assess to the extent to which the cities are strategically shifting from
a fossil fuel dependent to a renewable and energy efficient economy.
• Taking ambitious and strategic actions to meet commitments.City actions will be
assessedfor leuel of ambition and ability to taryet the areas where change is most
needed in order to nteet their mitigation targets while also meeting huinan needs
in a sustainable way-particularly in housing,energy,mobility and food.
• Integrating actions into coherent strategies for sustainability.Action and
engaqement information will be analyzed to find eities with the most
coittprehensiue strategies to meet their climate targets,including multiple
sustainability challenges such as adaptation and also engaging the public.
• Innovation and thinking outside the box. Where relevant,the jury will look for
actions and strategies that include transboundary approacfies,eg promoting
low footprint lifestyles to also reduce transhoundary emissions caused by local
consumption,as well as making use of the city's networking power to support
the scaling up of climate smart urban solutions also beyond their own boundaries.
• Significant leadership and credibility with respect to local context.The degree
of leadership and credi6ility will be assessed in terms of analyzing the leuel of
commitments and actions reported in relation to the size of the challenges faced
6y the city,including the auailability of resources and mandate to act.
WWF—Instructions for Earth Hour City Challenge candidates 2oi3-2oi4 5
Registration for EHCC on cCCR
Participating cities are invited to visit http://citiesclimateregistry.org/login/ehcc
to login directly or to download the offline reporting sheet.
WWF EHCC
xegistration carbonn Cities Climate Registry
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Registration can be done either online or by sending a completed offline reporting
sheet to ICLEI World Secretariat at carbonn@iclei.org
Registration will commence once all information is pro��ided and the candidate
approves to agree with relevant"cCCR Terms and Conditions"and"cCCR Terms
and Conditions for EHCC Candidates"',by ticking appropriate boxes.
i cCCR Terms of Conditions for EHCC Candidates:
• Terms and Conditions for"cCCR Registered City"and"cCCR Reporting City°applies[o loca]governments
that register to EHCC Candidates as appropriate.
• Any EHCC Registered City can become a EHCC candidate City only after reporting at least one commitment
and one mitigation action,which enables the ciTy to use the]ogo of EHCC in relevant cCCR documents.
• By enrolling to the EHCC,the local government gives the au[hority to carbonn to share the reported
informa[ion with W W�F and its relevant partners engaged in the EHCC process.These data will be solely
used for the purpose of[he EHCC National/Global Capital selection process.
WWF—Instructions for Earth Hour City Challenge candidates 2oi3-2oi4 �
i. Once the above procedures are completed,a message to adeance the registration
is sent to the email address of the"Designated Contact PoinY'.
2. Registration email will be sent from"Your Carbonn Team",carbonn@iclei.org
with a subject line"Please confirm your registration with EHCC via carbonn".
3. The designated contact point should follow the link that leads to carbonn
homepage to complete registration.
4. Once logged out from the system,a second email will be sent from"Your Carbonn
Team", carbonn@iclei.org with a subject line"You have successfully registered
EHCC via carbonn".
5. This message will include a user specific password which has to be used in
the next login at http://citiesclimateregistry.org/login/.The participating city
can change the password after logging in the system with this first pass��ord.
carbon��Cities Climate Req�stry 6. The participating city is recognized as"cCCR
Registered Cit}�°at
,«..�...�....., http://citiesclimateregistry�.org/cities/
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_ _ ,. _ registered-cities/,as long as data
- is reported only in the section"City Info".
' � �; � �. Once at least one mitigation action and one
e . ---- � � • ����r commitment are reported,the registered
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� � Cit�-.From that time on,the city��ill
� � ; carry�the logo of EHCC in all rele��ant
� � , a documents of cCCR.The name of the EHCC
: ___ a , • Candidate�+�ill also carry a hyperlink at
W the http://citiesclimateregistry.org/cities/
• earth-hour-city-challenge/
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WWF-Instructions for Earth Hour City Challenge candidates 2oi3-zoi4 8
Any city in the participating countries can register for the EHCC.To become an
EHCC candidate a city needs to report the minimum level of at least one mitigation
action and one commitment.
To indicate which cities have qualified as EHCC candidates an EHCC logo will be
attached to their names in the list of cCCR Reporting cities.
To become selected as a finalist city,a city needs to demonstrate,either through
commitments,actions or im�entories,that it is undergoing a real transition toward a
renewable and sustainable economy.
The more ambitious,credible,strategic and inno��ative a city's approaches are,the
greater its chances are of being selected a national or global Earth Hour Capital.
Up to three finalist cities per country will be promoted in a social media based
campaign.The Earth Hour Capitals that are selected for each countr}�and the global
Earth Hour Capital will also be celebrated and promoted through social media,web,
films,conferences and a global award ceremony close to Earth Hour in 2oi4.
How to participate in the EHC[
Cities�,�anting to participate in the EHCC need to do t�vo things:
i.Register your interest with your local W W F office in order to receive more detailed
information about EHCC.Click the links below to register you interest b}-email:
Belgium France Philippines
Brazil India South Africa
Canada Indonesia Sweden
Denmark Italy Thailand
Colombia South Korea USA
The Netherlands Mexico
Finland Nor���av
(Italics means that we are still awaiting confirmation that the country
will be included as a participating country this year)
2.Register for EHCC directly online on the cCCR platform or by filling in and
sending or uploading the offline reporting sheet.Report the relevant information
to cCCR before October i3,which is the closing date for EHCC candidates.
Register on cCCR herc
WWF—Instructions for Earth Hour City Challenge candidates 2oi3-2oi4 6
D ATA I N P U T Once the city has registered for the
EHCC it can begin to enter relevant
information. Guidance is provided
F 0 R E H C C below as a complement to the
existing manual for cCCR, indi-
cating information that is parti-
cularly relevant to provide as a candidate for the EHCC.
City Info
B��pro��iding general information about your local government and community
you�vill help the jury understand and assess the background of your strategies and
actions.
Information of particular interest for the evaluation procedure includes:
Population:current and projected population���ithin the next few decades.
• Econom}-:Select the predominant economic sector and indicate the total budget
of�•our city�.
• Community Type:Select}�our communit��t}•pe.`District municipality'describes
a community„�hich constitutes part of a cit��(City municipality).
City Commitments
Ha��ing commitments is a key indicator of the level of ambition of a local government.
Therefore,reporting at least one commitment is required in order to enter as a EHCC
candidate.Ideally,commitments include se��eral or all of the following:
• CO2:an absolute or BAU target for reducing CO2 emissions
• CO2e:an absolute or BAU target for reducing COz equi��alent emissions
• Carbon Intensity:reduction target of the carbon intensity per unit output
(US$ i000)
• Energy Efficiency:improvement target for energy efficiency
• Renewable energy:target value of energy sourced from renewables
The 2oi3-2oi4 round of EHCC will put particular focus on city commitments and
actions that will support a shift in financial flo��s from fossil fuels towards renewable
energy based solutions.This also means that ha��ing renewable energy-commitments
will increase the chances for your city to be selected as a National or Global Earth
Hour Capital.For emission reduction targets,cities in OECD countries are expected
to use absolute targets.
W WF—Instructions for Earth Hour City Challenge candidates 2013-2014 9
City Performance
This year it will be possible also for cities that have not yet completed their
im�entories to enter as candidates in the EHCC.However,for a city to be selected as a
National or Global Earth Hour Capital it is expected to report at least one community
level GHG inventory.This is required in order to have a baseline against which
commitments and actions can be compared.Ideally the city will report inventories of
both government and community operations on a sector le��el.Reporting inventories
for more than one year is a sign of even higher le��el of ambition and credibility.
For cities from OECD countries,it is beneficial for the scoring if,in addition to
reporting standard in��entories,the city has also begun to analyze scope 3 emissions
of go��ernment operations and community actions.Scope 3 emissions include
indirect emissions not co�•ered in scope 2,for example those attributed to outsourced
acti��ities or services or in the supply chain of purchased products.This is considered
an important step to�vard a greater understanding of(and actions to remed�•)the
impact of its citizens beyond the local municipal boundaries.
City Actions
In order to be eligible for e��aluation,a cit}�must register at least one mitigation
action.This year,actions that contribute to shifting im•estments from fossil fuels to
rene��•able energy�sources���ill be gi��en extra���eight,���hile respecting the different
local contexts of cities in different countries/states.The option for cities to promote
this shift�•ary,but direct technology-based actions,rene�vable energy�procurement
or bylaws with financial incentives are some examples of relevant actions in this
context.
O��erall,the more po��erful,strategicall�•integrated and ambitious the reported
actions are,the better the city's chances for becoming an Earth Hour Capital.Local
governments are�,�elcome to report not only those actions and action plans that ha��e
already been implemented during the latest fi�•e years,but also those actions that are
in progress or stil]seeking funding.Cities are asked to pro��ide a concise summary
of e�°ery action.If rele��ant,supporting documents can be uploaded for an action.
However these cannot replace the mandatory summaries and information fields,
�vhich are the primary sources of information for the e��aluation of city actions.
If the city has specific,more overarching strategies and action plans that it wants to
dra�+�the jur}-'s attention to as particularly indicative of its strategic,ambitious and
inno��ati��e work,this should be reported(with summary and supporting document)
under the more overarching category Strategy-Action plans.
Under Boundary,a drop down menu requires specification of��hether the actions
will mainly affect go��ernment emissions,or community le��el emissions.Because of
the significance of emissions from citizens,the existence of community level actions
is of particular importance.
Furthermore,in order to encourage and reward actions that affect emissions beyond
the local boundaries,this drop down menu also allows the specification of actions as
transboundary-consumption,meaning that they aim at reducing indirect emissions
beyond city boundaries caused by consumption activities of local residents.This can
include indirect GHG emissions resulting from travel abroad or local consumption
of food and consumer products that have created emissions elsewhere.It is also
possible to specify actions of another transboundary kind,ie networking and city-
to-city-partnerships.This may include transboundary policywork and collaboration
W WF—Instructions for Earth Hour City Challenge candidates zoi3-2oi4 io
undertaken by the city and which aims to enable the diffusion and implementation
of climate-friendly and renewable solutions beyond local boundaries.
Source of finance and a total budget should be specified for all reported actions.
In case of co-financing,cities can also clearly state what are the costs of an action
that are or will be borne by the city's finance.
For all mitigation actions,cities are also asked to specify the method,which requires
indicating if the action relates to an increase of the share of renewable energy in the
energy mix(eg by increasing the share of renewable sources of energy in transport),
management/efficiency impro��ements in energy use(eg reducing energy needs in
buildings),or transition from high carbon-intensi�-e fossil fuels to]ower carbon fossil
fuels(eg shift from carbon or diesel to natural gas).
For all actions where it is possible to realistically estimate quantified achievements
of the actions,eg expected increase in total production or consumption of renewable
energ}�,expected emission reductions or energy use reductions,cities are requested
to pro��ide such estimates. This is important information that increases a cit}�'s
chance of making it to the list of finalists in the evaluation procedure.
Due to the importance of public participation in de�-eloping sustainable solutions,
the existence of actions that include public participation and a�-areness raising
actions are also considered a plus in the evaluation process.
Finall}�,in order to highlight the existence of a holistic and integrated approach in
any action plan,cities are also asked to indicate for an}�action if there are co-benefits
for local sustainable de�-elopment(list of options that can be chosen b}°tick box).
The evaluation of actions from cities where social inequalities are significant will
particularly reward actions��ith strong social cobenefits.
Questions?Please contact the W WF office in your country(see list above)
or the W WF international EHCC core team. Technical questions related specifically
to reporting should be directed to ICLEI World Secretariat at carbonn(��iclei.org
WWF—Instructions for Earth Hour City Challenge candidates 2oi3-2m4 ii