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12-19-17 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber December 19, 2017 Immediately following the Special HRA meeting 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. Council/Manager Meeting - October 10, 2017 3-5 2. City Council Meeting - December 5, 2017 6-10 B. Approval of City Check Register 11 C. Licenses: 1. General Business Licenses - Cigarette/Tobacco 12 2. City Gambling Licenses 13 3. Therapeutic Massage Facility License Renewal - Massage Envy Spa 14-15 4. Therapeutic Massage Facility License Renewal - Artistic Urges Hair Consultants 16-17 5. Therapeutic Massage Facility License Renewal - D-Way E. T. M. 18-19 6. Therapeutic Massage Facility License Renewal - Pucon Massage 20-21 7. Therapeutic Massage Facility License Renewal - Core Healing Arts LLC 22 8. Therapeutic Massage Facility License Renewal - True Blue Massage and Bodywork 23 9. Gambling License Exemption and Waiver of Notice Requirement - Carondelet Catholic School 24-26 D. Minutes of Boards and Commissions: 1. Human Rights Commission - October 24, 2017 27-29 E. Bids and Quotes 1. Approve Purchase of a Tandem Axle Cab, Chassis, Equipment, and Setup 30-31 2. Approve Purchase of Two Marked Police Squads 32-33 F. Designate Polling Place Locations for the 2018 Election Cycle 17-79 34-35 G. Authorization to Sign Agreement with Sojourner Project Inc. for Domestic Assault Intervention Services 36-39 H. Waiver of Public Hearing and Certification of Special Assessments - 2017 Sanitary Sewer Repairs located in the Pavement Management Area 17-80 40-42 I. Waiver of Public Hearing and Certification of Special Assessments - 2017 Driveways 17-81 43-45 J. Amendment to the 2017 General Fund Budget 17-82 46-47 K. Approve Agreement with Hennepin County for 2018/2019 Sentencing to Service Program 48-55 L. Amendment to the 2018 General Budget 17-83 56-57 3. CONSENT AGENDA - continued M. Authorization to Sign Engagement Letter for Auditing Services for 2017 Fiscal Year 58-67 N. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations 17-84 68-73 O. Receipt of November 2017 Financial Reports 74-87 P. Adopt Amendment to the Employee Handbook 17-85 88-93 4. PUBLIC HEARINGS A. Public Hearing For Use of Body-Worn Camera Program 17-86 94-96 5. OLD BUSINESS 6. NEW BUSINESS A. Approve Professional Service Contract for Body-Worn Cameras 97 B. Authorize Contract for Custodial Services for Brookview, Golf Maintenance & Park Shelter 98-99 C. Authorize Contract for Custodial Services for City Hall Campus 100-101 D. 2018 - Trunk Highway 100 Pedestrian Bridge Maintenance Project: 102-117 1. Authorize Joint Powers Agreement with City of Crystal 17-87 2. Approve Agreement with SEH for Professional Services E. Second Consideration of Ordinance #628 Amending Xcel Franchise Fee and Ordinance #629 Amending the CenterPoint Franchise Fee 118-126 F. Set 2018 Meeting Dates 127 G. Approval of 2018 Legislative Priorities 128-133 H. Review of Council Calendar I. Mayor and Council Communications 7. ADJOURNMENT UNOFFICIAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA October 10, 2017 The meeting began at 6:30 pm in the Council Conference Room. Present: Mayor Harris and Council Members: Clausen, Fonnest, Schmidgall and Snope. Also present were: City Manager Cruikshank, Police Chief Sturgis, Physical Development Director Nevinski and Planning Manager Zimmerman. 1. Annual Meeting with the Golden Valley Community Foundation City Manager Cruikshank provided highlights from the partnership with the Golden Valley Community Foundation over the past year which included the lease approval, creation of the art policy and board, the installation of outdoor electricity on the city hall campus, and continued success at Golden Valley special events. Mr. Dean Penk and Mr. Luke Weisberg were in attendance from the Golden Valley Community Foundation and said that the Foundation appreciates the leased office space. They discussed the special events held and said the Foundation’s goal for 2018 is to better leverage private dollars for public projects and amenities for Golden Valley residents. Mr. Penk reviewed the rules that the Foundation must follow regarding the donation process. The Council discussed the donation process, the difference between the Community Foundation and the Human Services Fund, and the partnership between the Foundation and the City including the Golden Valley Public Art Policy. Council thanked the Golden Valley Community Foundation for their service to the City. 2. Body-Worn Camera Program City Manager Cruikshank introduced the item. Police Chief Sturgis reviewed the body-worn camera (BWC) trial policy, the different body-worn cameras that were included in the trial, and the schedule of events that are lined up for the implementation of the BWCs which include an online city webpage survey, a public open house, the required public hearing and the consideration to purchase the hardware. Chief Sturgis also discussed the interface and ongoing maintenance needed, the records retention schedule for the audio/video recordings, the total cost of the project and the battery life of the units and answered questions from Council. The Council discussed how the policy would insure the BWCs would be on, the trial process, the video’s records retention and data practice procedures, the compatibilities between the police squad car cameras and the body cameras and if residents need to be notified that the cameras are on. Council directed staff to include the public hearing and consideration to purchase the body camera hardware on the December 19 Council meeting so the decision would be made in 2017. Council thanked the Police Department for all they do for the residents of the City. Unofficial Council/Manager Minutes -2- October 10, 2017 3. Green Step/Climate Action City Manager Cruikshank introduced the item. Public Works Specialist Eckman presented the staff report which included the history and development of the GreenStep Cities program and the five main topic areas in which the best practices are incorporated. These topics include Transportation, Buildings and Lighting, Environmental Management, Land Use, and Economic and Community Development. Mr. Eckman said the City joined the GreenStep program as a Step 1 City in 2016, was recognized as a Step 2 City in 2017, and is currently working towards becoming a Step 3 City in the spring of 2018. Work would continue toward becoming a Step 4 City in the future. He said City staff has worked closely with the Environmental Commission who have studied and recommended actions within the steps. He added the City has completed a draft Resilience and Sustainability Plan which will be incorporated as a chapter in the City’s 2040 Comprehensive Plan. He said staff recommends the City continue its work under the GreenStep Cities program and implement the strategies outlined in the Resilience and Sustainability Plan. City Manager Cruikshank provided additional information regarding the City’s work on a Climate/Environmental Action plan. The Council discussed the GreenStep City program, the City’s progress in the program including the steps needed to become a Step 4 City, the positive impact of the program on the City and the best practices related to the energy and climate action plan. The Council thanked the Environmental Commission and staff for their work in this program and directed staff to continue their efforts towards becoming a Step 4 City. 4. Douglas Drive Redevelopment Plan Planning Manager Zimmerman presented the staff report. He gave a brief history of the Douglas Drive Corridor study report, reviewed the 2008 concept plan map, the redevelopment plan and the 2040 Land Use Plan. Physical Development Director Nevinski answered questions from Council regarding the homes in the area, the departure of Optum Health from the area, and the possible establishments that may take its place including the process for approval. City Manager Cruikshank answered questions from Council regarding possible future projects. The Council discussed the current Douglas Drive Corridor area, the possible future for the Corridor, adding an area 5 to the Douglas Drive Redevelopment map, if the area should be include retail and food establishments, and the possibility of future Tax Increment Financing (TIF) districts. Council directed staff to not lead with TIF when a developer inquiries about the Optum property and said the next step for the corridor’s northern part is to be ready to consider changes but not rush into them and to schedule further discussions on the other areas. 5. Board/Commission Application Process and Amendments to Guidelines for Advisory Boards and Commission City Manager Cruikshank reviewed the Board/Commission application process and the advisory guidelines. He discussed possible ways of streamlining the process, the board/commission policies from other area cities, and said the drafted policy would include existing policy language along with comments from Council. He added that included in streamlining of the process Council may consider not having candidate interviews before the appointments and having the swearing in done by the Board and Commission chair or staff liaison at the first meeting they attend instead of at a Council meeting. Unofficial Council/Manager Minutes -3- October 10, 2017 5. Board/Commission Application Process - continued The Council discussed the current Board and Commission process, how to streamline it, how to fill the vacancies for commissioners that resign within their term, better recruitment processes for diversity, and recommended revisions to the current application process. Mr. Cruikshank said that Council’s revisions will be incorporated into the Board/Commission application process and brought back to the next Council meeting on the consent agenda for Council consideration. 6. Future Council/Manager Meetings Mayor Harris stated he will be absent from the November 14 Council/Manager meeting. The meeting adjourned at 9:41 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA December 5, 2017 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Steve Schmidgall and Andy Snope. Also present were: City Manager Cruikshank and City Clerk Luedke. 1C. Receipt of Human Services Fund 2018 Allocation Report Ms. Denise La Mere-Anderson, Chair, and Mr. Aaron Black, Vice Chair of the Human Services Fund, reviewed the funding report and answered questions from Council. Finance Director Virnig answered questions from Council regarding the Human Services Fund budget. There was Council discussion regarding the 2018 fund allocations. The Council thanked the Human Services Fund Commissioners and staff for their service to Golden Valley. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to receive and file the 2018 Allocation Report and approve notifying the twelve agencies of their 2018 allocation amount with the following designations and the motion carried. Agency Allocation Canvas Health/Crisis Connection $3,500 Crisis Nursery $2,500 Dinner at Your Door $8,000 PRISM $12,000 Senior Services HOME $5,000 Senior Services Outreach $3,500 Sojourner Project $7,000 The Bridge for Youth $5,000 TreeHouse $2,050 YMCA - New Hope $2,000 HUG $5,000 Resource West $4,450 Total $60,000 MOTION made by Mayor Harris, seconded by Council Member Fonnest to have the Human Services Fund review the surplus funds in their budget and the organization’s funding requests and report back to the Council with further allotment recommendations at the February Council/Manager meeting and the motion failed. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the agenda of December 5, 2017, as submitted and the motion carried. Unofficial City Council Minutes -2- December 5, 2017 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Snope, seconded by Council Member Fonnest to approve the consent agenda of December 5, 2017, as revised removal of 3D1-Award Trunk Highway 55 & Schaper Road FYA Project No. 18-03 and 3K-Accept Resignation from the Open Space and Recreation Commission and the motion carried. 3A1. Approve Minutes of the City Council Meeting of November 21, 2017. 3B. Approve City Check Register and authorize the payment of the bills as submitted. 3C. Accept for filing the Minutes of Boards and Commissions as follows: 1. Human Rights Commission - August 22, 2017 2. Human Services Fund - October 9, 2017 3. Environmental Commission - October 23, 2017 4. Bassett Creek Watershed Management Commission - October 19, 2017 3D1. Award quote for the TH 55 & Schaper Road FYA Project No. 18-03. 3E. Authorize the Mayor and City Manager to sign the Towing Contract with North Suburban Towing for Vehicle Impound. 3F. Adopt Resolution 17-73, adopting the 2018-2019 Budget for Enterprise, Special Revenue and Internal Services Funds. 3G. Adopt Resolution 17-74, approving the 2018-2022 Capital Improvement Program. 3H. Adopt Resolution 17-75, for approval of a Plat - Registered Land Survey No. ___. 3I. Adopt Resolution 17-76, providing for Public Hearing on Certain Proposed Public Improvements for Proposed Project 18-01 for the 2018 Pavement Management Program. 3J. Call for a Public Hearing for Certification of Special Assessments for January 16, 2018, at 6:30 pm. 3K. Accept Resignation from the Open Space and Recreation Commission. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3D1. Award Trunk Highway 55 & Schaper Road FYA Project No. 18-03 Physical Development Director Nevinski answered questions from Council regarding when the project will begin. MOTION made by Council Member Snope, seconded by Council Member Fonnest to award a quote for the TH 55 & Schaper Road FYA Project No. 18-03 to the lowest responsible bidder, Granite Ledge Electrical Contractors, Inc. in the amount of $21,534 and the motion carried. 3K Accept Resignation from the Open Space and Recreation Commission Council thanked Ms. Gillian Rosenquist for her service to the City of Golden Valley. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to accept the resignation from Ms. Gillian Rosenquist from the Open Space and Recreation Commission and the motion carried. 4. PUBLIC HEARINGS 4A. Public Hearing - Adoption of 2018-2019 General Fund Budget and Property Tax Levies for Taxes Payable 2018 Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Unofficial City Council Minutes -3- December 5, 2017 4A. Public Hearing - Adoption of 2018-2019 General Fund Budget - continued Ms. Margaret Peterson, 2205 Wisconsin Avenue, said she was surprised when she opened her homestead statement how much she will be paying in taxes because not only was the City charging additional taxes but Hennepin County and the School District were also. She said she is part of a community on-line website and there were about a 100 comments regarding the topic. She said in the past, the increase in taxes was not that much but this year the projected increase is larger and she asked that the Council watch the numbers. Mr. Nathan Cooley, 1288 Castle Court, said he has lived in Golden Valley for 38 years and he was also surprised when he opened his statement. He said he owns two residential properties in Golden Valley and was concerned about the increase. He said some of the increase seems to depend on what items cost and not on percentage increases and he wanted to raise awareness of this issue. Mayor Harris closed the public hearing. There was Council discussion regarding the 2018-2019 General Fund Budget and 2018 Property Tax Levy. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 17-77, adopting the 2018 Budget of the General Fund Budget upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt Resolution 17-78, adopting the Property Tax Levies for Taxes Payable 2018 upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. 5. OLD BUSINESS 5A. Second Consideration - Ordinance #627 - Establishing a 2018 Master Fee Schedule Finance Director Virnig presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt Ordinance #627, Establishing a 2018 Master Fee Schedule upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. 6. NEW BUSINESS 6A. First Consideration of Ordinance #628 Amending the Xcel Franchise Fee and Ordinance #629 Amending the CenterPoint Franchise Fee City Manager Cruikshank presented the staff report and said that there was a proposed amendment to the larger commercial customers to be consistent between the two companies. He then answered questions from Council. Finance Director Virnig answered questions from Council regarding the franchise fees for the commercial properties. Director of Physical Development Nevinski answered questions from Council. Unofficial City Council Minutes -4- December 5, 2017 6A. First Consideration of Ordinance Amending Franchise Fee - continued Mr. Jim Valkevich, 1620 Florida Avenue, said he has lived in Golden Valley for 45 years and he is concerned about the 200 percent proposed increase for the residential franchise fees because once the fees are imposed they never go away. He said these fees will be used to offset a regulated public utility that makes a profit. He proposed that the City scrape the franchise fees and tell the public utilities to either pay the fees or have them pay for the upgrades to the infrastructure and to maintain their own systems. Mr. Dean Kallenbach, 455 Cloverleaf, said that both Xcel and Centerpoint are regulated by the Public Utilities Commission (PUC) and that part of the City’s net loss has gone to lay the infrastructure for the utilities ground work for their expansion. He said the City should go to the PUC with other surrounding cities and direct Xcel and CenterPoint to bury their own lines, upgrade their systems, and spread the cost of this over the 7 county metro cities. He said he was concerned about the seniors in Golden Valley because they need electricity. There was Council discussion regarding the proposed commercial and residential franchise fees and infrastructure needs. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Ordinance No. 628, amending an Electric Franchise Fee from Northern States Power, dba Xcel Energy, for providing Electric Service within the City of Golden Valley upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt Ordinance No. 629, amending a Gas Energy Franchise Fee from CenterPoint Energy Minnesota, for providing Gas Energy Service within the City of Golden Valley upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. 6B. Review of Council Calendar Some Council Members may attend the GARE Commencement & Advancing Racial Equity Speaker series on December 6, 2017, from 5:30 to 8 pm at Silverwood Park located at 2500 County Road in St. Anthony. Some Council Members may attend the Police Body Camera Open House on December 7, 2017, from 6:30 to 8 pm at the Golden Valley Public Safety Building. Some Council Members may attend the 2017 Canadian Pacific Holiday Train on December 10, 2017, from 4:15 to 6 pm at the Golden Hills Drive Railroad Crossing. The next Council/Manager meeting will be held on December 12, 2017, at 6:30 pm. The Toys for Tots Parade will be held on December 14, 2017, at 4:45 pm from the Golden Valley Police Department to KARE-11. Some Council Members may attend an Employee Holiday Event on December 15, 2017, from 1 to 3 pm at Brookview’s Bassett Creek Room. A Special Housing and Redevelopment Authority meeting will be held on December 19, 2017, at 6:30 pm. Unofficial City Council Minutes -5- December 5, 2017 6B. Review of Council Calendar - continued The next City Council meeting will be held on December 19, 2017, immediately following the Special Housing and Redevelopment Authority meeting. 6C. Mayor and Council Communication Council thanked staff for their outstanding job on the new Brookview and the residents who attended the grand opening. Council Member Snope acknowledged that Council Member Elect Rosenquist was in the audience and thanked her for starting to attend the Council meetings. Mayor Harris said he received a card from Sheriff Stanek for all the Council regarding a proposal going before the County Board that would shift the funding and services for the crime lab away from the sheriff’s department into another department. Mr. Cruikshank said the City is not taking a position on the issue but is urging the County to slow down the decision so that the Cities can determine what the decision will mean to them. Mayor Harris said City Manager Cruikshank and Chief Sturgis will continue to monitor the issue. 7. ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Schmidgall and the motion carried to adjourn the meeting at 9:19 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 1. General Business Licenses - Cigarette/Tobacco Prepared By Kris Luedke, City Clerk Summary The following establishments have applied for renewal of their cigarette/tobacco license for the 2018 license term. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval of the renewals as listed below. License # Licensee Address 10130 Amstar Gas Station 9405 Medicine lake Road 10127 Down in the Valley, Inc. 8020 Olson Memorial Highway 10125 Feist Automotive Group 1875 Lilac Drive north 10121 Golden Valley Country Club 7001 Golden Valley Road 10129 Golden Valley Holiday Store #3 600 Boone Avenue North 10119 Golden Valley Liquor Barrel 7890 Olson Memorial Highway 10124 Holiday Stationstores, Inc. 7925 Wayzata Boulevard 10120 J.J's Clubhouse 6400 Wayzata Boulevard 10126 KKS Inc. - Potpourri Gifts 5500 Wayzata Boulevard #LL120 10132 Schuller's Tavern 7345 Country Club Drive 10122 SuperAmerica #4443 1930 Douglas Drive 10123 SuperAmerica #4497 6955 Market Street 10128 Walgreens #13841 2500 Winnetka Avenue 10131 Walgreens #430 5659 Duluth Street Recommended Action Motion to approve the renewal of the cigarette/tobacco licenses for the applicants above from January 1, 2018, through December 31, 2018. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 2. City Gambling Licenses Prepared By Kris Luedke, City Clerk Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post #523 Chester Bird American Legion Post #523 200 Lilac Drive North 200 Lilac Drive North Golden Valley, MN 55427 Hopkins Youth Hockey Association JJ’s Clubhouse 25 Ninth Avenue North 6400 Wayzata Boulevard P O Box 458 Hopkins, MN 55343 North Star Search and Rescue New Bohemia 1609 Independence Avenue North 8040 Olson Memorial Highway Golden Valley, MN 55427 *Crystal Lions Schullers Tavern P O Box 28106 7348 Country Club Drive Crystal, MN 55422 * Contingent upon successful back ground investigation Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post #523, Hopkins Youth Hockey Association, North Star Search and Rescue, and Crystal Lions. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 3. Therapeutic Massage Facility License Renewal - ME Golden Valley, LLC d/b/a Massage Envy Spa Prepared By Kris Luedke, City Clerk Summary ME Golden Valley, LLC d/b/a Massage Envy Spa, located at 7704 Olson Memorial Highway has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that ME Golden Valley, LLC d/b/a Massage Envy Spa is owned by Kevin Seeger of Plymouth, Minnesota; Eileen Seeger, Grand Forks, North Dakota; and Beth Seeger, Phoenix, Arizona. The Golden Valley Police Department completed the background investigation and has found no reason to deny the renewal of the license. Attachment • Memo from Golden Valley Police Department (1 page) Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for ME Golden Valley, LLC d/b/a Massage Envy Spa located at 7704 Olson Memorial Highway from January 1, 2018 through December 31, 2018. Application for renewal of therapeutic massage licensing 2018 Massage Envy OT 17OE001120 Jason J. Sturgis, Chief of Police Prepared by Sgt. Jeff Johnson Summary Massage Envy located at 7704 Olson Memorial Hwy has applied to renew a therapeutic massage license for the 2018 license year. A background investigation including record checks was completed on the owners; Kevin Seeger, Beth Seeger and Eileen Seeger. All three meet City Code requirements. A background investigation including record checks was completed on the following certificate holders requesting renewal and they meet City Code Requirements: Cooper, Ashlee Dahl, Jade Dolney, Adam Glover, Isaac Hardin, Shavonda Harlow, Nickie Johnson, Jennifer Koubsky Bell, Jennifer Langer, Lee Magoon, Rebecca Pavlyuk, David Roundtree, Tremaine Sandlie, Pamela Schmidt, Sandra Selva, Margaret Margreth, Emmanuel Schweitzer, Jennifer Sydnor, Sonia Lujano, Cheyenne Recommended Action Approval of the renewal of a therapeutic massage license to Massage Envy for 2018 and approval of renewal of therapeutic massage certificates for listed applicants. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 4. Therapeutic Massage Facility License Renewal - Artistic Urges LLC d/b/a Artistic Urges Hair Consultants Prepared By Kris Luedke, City Clerk Summary Artistic Urges LLC d/b/a Artistic Urges Hair Consultants, located at 1405 North Lilac Drive, Suite 114, has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that Artistic Urges LLC d/b/a Artistic Urges Hair Consultants is wholly owned by DeVonne Lynn Reinhardt-Brock of Minneapolis, Minnesota. The Golden Valley Police Department completed the background investigation and has found no reason to deny the renewal of the license. Attachment • Memo from Golden Valley Police Department (1 page) Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for Artistic Urges LLC d/b/a Artistic Urges Hair Consultants located at 1405 North Lilac Drive, Suite 114, from January 1, 2018 through December 31, 2018. Application for renewal therapeutic massage certificate 2018- Artistic Urges OT 17OE001118 Jason J. Sturgis, Chief of Police Prepared by Sgt. Jeff Johnson Summary Artistic Urges located at 1405 North Lilac Drive, Suite 113D, has applied to renew a therapeutic massage license for the 2018 license year. Background investigations including record checks were completed on Devonne Reinhardt-Brock and Janet Marie Midthun. Both meet City Code requirements. Recommended Action Approval of the renewal of a therapeutic massage license for Artistic Urges for 2018. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 5. Therapeutic Massage Facility License Renewal - Denise Frazier d/b/a D-Way E. T. M. Prepared By Kris Luedke, City Clerk Summary Denise Frazier d/b/a D-Way E. T. M., located at 1710 Douglas Drive, Suite 100, has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that D-Way E. M. T.is owned by Denise Frazier of St. Louis Park, Minnesota. The Golden Valley Police Department completed the background investigation and has found no reason to deny the renewal of the license. Attachment • Memo from Golden Valley Police Department (1 page) Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for Denise Frazier d/b/a D-Way E. T. M. located at 1710 Douglas Drive, Suite 100, from January 1, 2018 through December 31, 2018. Application for renewal of therapeutic massage licensing 2018 D-Way E.T.M. OT 17OE000028 Jason J. Sturgis, Chief of Police Prepared by Sgt. Jeff Johnson Summary D-Way E.T.M. located at 1710 Douglas Drive, Suite 100, has applied to renew a therapeutic massage license for the 2018 license year. A background investigation including record checks was completed on Denise Frazier and she meets City Code requirements. Recommended Action Approval of the renewal of a therapeutic massage license to D-Way E.T.M. for 2018. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 6. Therapeutic Massage Facility License Renewal - Margaret Selva d/b/a Pucon Massage Prepared By Kris Luedke, City Clerk Summary Margaret Selva d/b/a Pucon Massage, located at 810 lilac Drive North, Suite 104, has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that Pucon Massage is owned by Margaret Selva of Minneapolis, Minnesota. The Golden Valley Police Department completed the background investigation and has found no reason to deny the renewal of the license. Attachment • Memo from Golden Valley Police Department (1 page) Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for Margaret Selva d/b/a Pucon Massage located at 810 lilac Drive North, Suite 104, from January 1, 2018 through December 31, 2018. Application for therapeutic massage certificate 2018 Pucon Massage OT 17OE001121 Jason J. Sturgis, Chief of Police Prepared by Sgt. Jeff Johnson Summary Pucon Massage is located at 810 Lilac Drive North unit # 104 has applied for a therapeutic massage license for the 2018 license year. A background investigation including record checks was completed on Margaret Selva and she meets City Code requirements. Recommended Action Approval a therapeutic massage license for Pucon Massage for 2018. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 7. Therapeutic Massage Facility License Renewal - Core Healing Arts LLC Prepared By Kris Luedke, City Clerk Summary Core Healing Arts LLC, located at 1405 North Lilac Drive, Suite 113D, has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that Core Healing Arts LLC is owned by John Carlson of New Hope, Minnesota. A background investigation is in process for Mr. Carlson. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for Core Healing Arts LLC located at 1405 North Lilac Drive, Suite 113D, pending satisfactory completion of the background investigation. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 8. Therapeutic Massage Facility License Renewal - True Blue Massage and Bodywork Prepared By Kris Luedke, City Clerk Summary True Blue Massage and Bodywork, located at 8421 Wayzata Boulevard, Suite 230, has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that True Blue Massage is owned by Tatyana Vecherkova of Plymouth, Minnesota. True Blue Massage and Bodywork is sub-leasing a room within Andrashko Chiropractic. A background investigation is in process for Ms. Vecherkova. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for True Blue Massage and Bodywork, located at 8421 Wayzata Boulevard, Suite 230, pending satisfactory completion of the background investigation. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. C. 9. Gambling License Exemption and Waiver of Notice Requirement - Carondelet Catholic School Prepared By Kris Luedke, City Clerk Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Carondelet Catholic School. MINNESOTA LAWFUL GAMBLING 11/17 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: . conducts lawful gambling on five or fewer days, and Applications are processed in the order received. If the application awards less than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event, the year, application fee is $100; otherwise the fee is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization eAT-H,0c,�c SC1F00 . Previous Gambling �(,r Name: Permit Number: 6` Minnesota Tax ID j �Lj�2 Federal Employer ID Number, if any: l { r1 Number(FEIN), if any: Mailing Address: w6'sT 5151, City: I ' rNNEA-00(gws State: Zip: �✓, County: Name of Chief Executive Officer(CEO): J�,l S�N r_1 "�-Ti!'rC �! J G CEO Daytime Phone:((,`-.)q V7 6?? CEO Email: S Ke�ra cavo_deje,+ 0) fir .{— (permit will be emailed to this email address unle5_ .;t erwise indica ed below) Email permit to(if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal = Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS-Affiliate of national,statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted n�6 60b OAtL-gm14 (for raffles, list the site where the drawing willlttake plla/ce):l. 1 M l: Physical Address (do not use P.O. box): ✓�� Check one: /�' 0�D Et� V Zip: S� City: l:/ County: ElTownship: Zip: County: Date(s) of activity(for raffles, Q/ indicate the date of the drawing): a Check each type of gambling activity that your organization will conduct: =Bingo =Paddlewheels =Pull-Tabs =Tipboardsir'SA /� Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $ a 00 ) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 11117 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises FVI located within city limits located in a township The application is acknowledged with no waiting period. he application is acknowledged with no waiting pp 9 g period. The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days 11 period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is denied. ❑The application is denied. r Print City Name: t d iqV) Print County Name: Signature of City Personnel, Signature of County Personnel: C-A Title: Date:_1 Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization - - is applying for exempted gambling activity within the township The city Or County must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: �.--��- .(�a,LC�p'�� Date: C (Signature must be CEO's signature; designee may not sign) Print Name: J�5/�'/(� F. �E� REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or • all gambling conducted on one day. a copy of your proof of nonprofit status; and Only one application is required if one or more raffle drawings are application fee (non-refundable). If the application is conducted on the same day. postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is$150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Board. Roseville, MN 55113 Questions? Your organization must keep all exempt records and reports for p Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence,may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members,Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e. large print,braille)upon request. An equal opportunity employer Human Rights Commission October 24, 2017 Meeting Minutes Page 1 of 3 MINUTES Human Rights Commission (HRC) Golden Valley City Hall 7800 Golden Valley Road Golden Valley, Minnesota 55427 Council Conference Room October 24, 2017 Commissioners present: Kyle Pettersen-Scott, Chair Maurice Harris, Vice Chair Eve Clarkson Jonathan Burris Teresa Martin Gloria Peck (arrived 6:49 pm) Carrie Yeager Adam Buttress Commissioners absent: Isaac Mintzer Staff: Kirsten Santelices, Human Resources Director The meeting was convened at 6:45 pm by Chair Pettersen-Scott. INTRODUCTIONS Commissioners, including new Student Commissioner Clarkson and Staff introduced themselves. APPROVAL OF AGENDA Commission Pettersen-Scott reviewed the agenda. MOVED by Martin, seconded by Harris and motion carried to approve the agenda as amended: Addition of New Business - Human Rights Day and HRC Equipment Storage. Motion carried 8-0. APPROVAL OF AUGUST 22, 2017 REGULAR MEETING MINUTES Motion by Commissioner Harris, seconded by Commissioner Burris to approve the minutes as amended, miscellaneous typos, and under Martin Luther King Jr. Day Celebration, addition of community groups in second paragraph, first line, after non-profit organizations. Motion carried 8-0. OLD BUSINESS Immigration & GVPD Policy Recommendations Update/Discussion Pettersen-Scott stated she attended the August Council/Manager meeting when the item as discussed. The Police Chief and City Attorney were also present to answer questions. The Police Chief will be amending the Impartial Policing Policy by adding “immigration Human Rights Commission October 24, 2017 Meeting Minutes Page 2 of 3 status.” The HRC was requested to create a broader welcome statement for Council consideration. Comprehensive Plan Recommendation(s) Santelices stated that sections of the Comprehensive Plan will be sent to all board and commissions via the list serve for their feedback. The HRC members will provide feedback regarding equity, inclusion and human rights. HRC members were requested to read the Planning Commission minutes from the Comprehensive Plan Community Engagement meetings, review how other cities are dealing with social equity and financial disparity. Co-sponsor PTSD Event Discussion Peck stated that she attended the event. The event was co-sponsored by the New Hope Human Rights Commission and their Police Chief introduced the movie. Approximately thirty people attended the event. Martin Luther King (MLK) Jr. Day Celebration The HRC will be sponsoring a MLK Day Literary Contest. Students in grade 6-12 in Hopkins, Robbinsdale, Perpich Center for Arts Education and Breck Schools may enter a written work (essay, song, or poetry) with the theme of “Making Lives Matter.” The deadline for submission is December 20, 2017. The contest can be advertised on the City website, social media pages. There may be other opportunities for advertising the contest. The review commission will consist of Martin, Pettersen-Scott, Harris and possibly residents, neighboring city HRC members, and/or teachers. Winners will receive tickets to the MLK Day event and be invited to speak at the MLK event scheduled at Brookview on January 14. Staff was requested to review the speaker budget for a Sweet Potato Comfort Pie and Pride Festival. NEW BUSINESS Resident Request - “Columbus Day” Holiday Change Santelices stated a resident requested that the City consider changing “Columbus Day” to “Indigenous People’s Day”. Santelices stated she informed the resident that the HRC would consider the item at a future meeting as the HRC did not meet in September. MOVED by Burris, seconded by Martin and motion carried to table discussion of the request to change “Columbus Day” to “Indigenous People’s Day” until the new Council is seated in 2018. Motion carried 8-0. Welcome Statement The Council has requested the HRC prepare a welcome statement for consideration by the Council. The HRC discussed what purpose the statement is for, how to accomplish drafting the statement, how will it be used, and what will encompass the statement. Staff will provide the HRC with examples of other city resolutions, proclamations, and welcome statements for review prior to the November meeting. Staff will also send a copy Human Rights Commission October 24, 2017 Meeting Minutes Page 3 of 3 of the HRC resolution adopted regarding the MN Marriage Equity Act. The HRC will discuss statement ideas at the next meeting. 2017 Work Plan Review and 2018 Work Plan Discussion This item will be discussed at the November meeting. Staff will forward a copy of the 2017 Work Plan to the HRC for review. Human Rights Day Martin stated that Human Rights Day is December 10 and suggested that bookmarks be made with various human rights inspiring quotes for distribution at the library, for hand out at various public events and distribution around the city. MOVED by Harris, seconded by Martin and motion carried to proceed with bookmark concept. Motion carried 8-0. HRC members were requested to bring to the November meeting quotes that could be placed on the bookmarks. Martin will get the template used in the past from UPS and determine the image size needed for the bookmarks and forward the information to staff. Staff will check the budget to determine what funding is available. Staff will also work with Communications staff to get the City logo and HRC logo for use on the bookmarks. HRC Equipment Storage The HRC members requested the equipment (table, banner, tent, etc.) be stored at a city location instead of member homes. Staff will inform the HRC of the location storage. ADJOURN Motion by Commissioner Peck, seconded by Commissioner Martin to adjourn the meeting at 8:03 pm. Motion carried 8-0. _______________________________ Kyle Pettersen-Scott, Chair ATTEST: _________________________________ Kirsten Santelices, Staff Liaison Respectfully submitted, Judy Nally, Administrative Assistant Approved by HRC: November 28, 2017 Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. E. 1. Approve Purchase of One Tandem Axle Cab, Chassis, Equipment and Setup Prepared By Tim Kieffer, Public Works Maintenance Manager Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary The 2018-2022 Capital Improvement Program includes $260,000 for the purchase of a front end loader (V&E-009). The 2003 front end loader, unit 766, meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the category of “needs immediate consideration.” The 2003 front end loader due for replacement scored 48 points. It was determined, after reassessing the department’s needs, another tandem axle dump truck would be more beneficial instead of replacing the loader. The tandem axle cab, chassis and equipment will be equipped with a stainless steel dump body, front and side snowplows, sander with de-icing technology, and associated hydraulics and controls. Staff utilizes this equipment for snow removal and other maintenance activities such as paving and hauling. Staff also recommends using the same contract to outfit a second tandem axle dump truck, unit 793, with a side wing snowplow. This would allow a dump truck to be on every plow route instead of front end loaders. The operator will then have the advantage to apply chemical at the same time as plowing making the process more efficient. This will enable the chemical to begin working quicker, increasing performance, and reduce labor costs as a second operator will not be required to drive the route a second time to apply chemical. Ordering the tandem axle cab, chassis and equipment by December 31, 2017 ensures a delivery date of truck and equipment by December of 2018. Ordering after December 31, 2017, extends the estimated delivery date into early 2019. The Minnesota Materials Management Division has awarded the following contracts: Contract No. Unit No. Item Vendor Amount 124649 716 2018 Mack AF Granite 64BR T Tandem Axle Cab & Chassis Nuss Truck & Equipment $120,599.00 126502 716 Plows, Equipment, Hydraulics and Controls Towmaster Inc. $107,145.00 126502 793 Plow, Equipment and Hydraulics Towmaster Inc. $17,117.00 Total Cab, Chassis, and Equipment Less License $244,861.00 Recommended Action Motion to approve purchase of a 2018 Mack AF Granite 64BR T tandem axle cab and chassis Truck from Nuss Truck & Equipment in the amount of $120,599. Motion to approve equipment purchases from Towmaster Inc. in the amount of $124,262. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. E. 2. Approve Purchase of Two Marked Police Squads Prepared By Jason Sturgis, Police Chief Tim Kieffer, Public Works Maintenance Manager Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary The 2018-2022 Capital Improvement Program includes $100,000 for the purchase of two marked police interceptor vehicles, equipment and setup (V&E-001). The Police Department vehicles scheduled for replacement meet replacement criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement. Any vehicle/equipment scoring 28 points and above meets the category of “needs immediate consideration.” Below is a summary of the ratings: Vehicle Condition Index Qualifies for Replacement 23-27 Needs Immediate Consideration 28 and above Vehicle Unit No. Year/Make/Model VCI Marked Squad Vehicle 825 2014 Ford Sedan Police Interceptor 34 Marked Squad Vehicle 826 2014 Ford Utility Police Interceptor 34 The two Police vehicles being replaced will be reassigned to other departments with non- emergency response duties. Replacement purchase of the Ford Sedan Police Interceptor and Ford Utility Police Interceptor will be made under the State of Minnesota contract. Ordering the vehicles by December 31, 2017, ensures a delivery date before the majority of the other agencies. This helps prevent any delays with equipment setup. The Minnesota Materials Management Division has awarded the following contract: Contract No. Unit No. Item Vendor Amount 83064 840 2018 AWD Ford Sedan Police Interceptor Ford of Hibbing $31,920.71 83064 841 2018 AWD Ford Utility Police Interceptor Ford of Hibbing $34,018.45 TOTAL PURCHASE $65,939.16 Recommended Action Motion to approve purchase of a 2018 AWD Ford Sedan Police Interceptor from Ford of Hibbing in the amount of $31,920.71. Motion to approve purchase of a 2018 AWD Ford Utility Police Interceptor from Ford of Hibbing in the amount of $34,018.45. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. F. Designate Polling Places for the 2018 Election Cycle Prepared By Kris Luedke, City Clerk Summary In 2017, the state legislature amended State Statute 204B.16, subd. 1 to require the governing body of each municipality to designate by resolution a polling place for each election precinct by December 31 of each year. The polling places designated in this resolution will be used for the 2018 election cycle, unless a change is made because of an emergency or because a polling place has become unavailable. The City of Golden Valley has 8 polling locations. Attachment: • Resolution designating polling places for the 2018 election (1 page) Recommended Action Motion to adopt Resolution designating polling places for the 2018 election. Resolution 17-79 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING POLLING PLACES FOR THE 2018 ELECTION CYCLE WHEREAS, State Statute 204B.16, subd. 1 requires the governing body of each municipality to designate by resolution a polling place for each election by December 31 of each year; and WHEREAS, the State Primary Election will be held on August 14, 2018 and the State General Election will be held on November 6, 2018. NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the 2018 State Primary and State General elections, as well as any required special elections, will take place at the following precinct polling locations: Precinct 1 - NE Fire Station, 3700 Golden Valley Road Precinct 2 - Valley Presbyterian Church, 3100 North Lilac Drive Precinct 3 - Meadowbrook School, 5430 Glenwood Avenue Precinct 4 - LOGIS, 5750 Duluth Street Precinct 5 - SE Fire Station, 400 Turners Crossroad South Precinct 6 - Golden Valley City Hall, 7800 Golden Valley Road Precinct 7 - Sandburg Middle School, 2400 Sandburg Lane Precinct 8 - Brookview, 316 Brookview Parkway South BE IT FURTHER RESOLVED, the City Clerk is with this, authorized to make any changes as deemed necessary in the case of an emergency or if a polling place becomes unavailable. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. G. Authorization to Sign Agreement with Sojourner Project Inc. for Domestic Assault Intervention Services Prepared By Jason Sturgis, Chief of Police Summary The Golden Valley Police Department partners with Sojourner Project to provide advocacy services to domestic assault victims. In return for services, the City pays Sojourner Project $15,000 annually. This contract is the same as in the past, just the dates have been changed to reflect services provided in the year 2018. Attachments • Intervention Services Agreement with Sojourner Project Inc. (3 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Intervention Services Agreement with Sojourner Project, Inc. for domestic assault intervention services. - 1 - INTERVENTION SERVICES AGREEMENT WITH SOJOURNER PROJECT, INC. THIS AGREEMENT is made between the CITY OF GOLDEN VALLEY (the "City") and SOJOURNER PROJECT, INC., a Minnesota non-profit corporation (the "Provider"). The Provider is a non-profit organization that offers community-based intervention programs for domestic abuse incidents arising in the west suburban area, including the City of Golden Valley. The Provider has requested that the City contribute funds to help pay its expenses. The City has agreed to pay funds to the Provider on a fee-for-service basis. The parties wish to set forth in writing the terms and conditions of their agreement. Therefore, in return for the mutual agreements set forth below, the parties agree as follows: 1. TERM. The term of this Agreement shall be from January 1, 2018 through December 31, 2018 regardless of the dates of execution, unless terminated earlier as provided herein. 2. SERVICES. The Provider shall provide the required personnel and related support services and supplies it deems necessary to intervene in domestic abuse incidents that arise in the City, consistent with its past practices and procedures, working with the City in providing services (defined below). Services shall include Provider's advocacy for and meeting with victims of domestic abuse, and follow-up services provided by the Provider during the term of the Agreement (the "Services"). The Provider shall not provide Services for defendants charged with domestic assault, fifth degree assault, disorderly conduct, or order for protection violations. The City agrees to cooperate with the Provider as deemed appropriate by the City's Chief of Police to ensure the timely provision of the Services. Recipients of Services shall not be financially charged for or required to pay for Services. Individuals eligible for Services may decline Services. 3. TRAINING. As deemed appropriate by the City's Chief of Police, the City will make its Police Department personnel available for training with respect to the aims and procedures of the intervention program described in this Agreement. The Provider agrees to provide this training without charge during the term of this Agreement. 4. PAYMENT. The Provider shall record the number of cases referred to it by the City. The City agrees to pay a total amount of $15,000 for all of the Services provided during the term of the Agreement. - 2 - 5. RECORDS. The Provider shall maintain such records as are deemed necessary by the City to insure that the Services are provided as represented by the Provider. Upon execution of the Agreement, Provider shall have each employee and volunteer keep separate time records of their time spent each day, specifying the amount of time spent on each case. These records shall remain the property of the Provider. The Provider may maintain the records in a manner that insures confidentiality to Service recipients; however, it shall provide full disclosure of identities to the City's auditor if so requested. 6. DISCRIMINATION. The Provider agrees not to discriminate in providing Services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 7. CANCELLATION. This Agreement may be cancelled by either party at any time, with or without cause, upon thirty (30) days' written notice, delivered by mail or in person, to the other party. In that case, the City shall pay only for those Services rendered in accordance with this Agreement before the termination date. 8. INSURANCE. The Provider agrees that it will, at all times during the term of this Agreement, have and keep in force a general liability insurance policy with coverage in the amount of at least $1,000,000 per occurrence for bodily injury, and $1,000,000 per occurrence for property damage. The policy shall name the City as an additional insured and provide that it shall be primary and noncontributory coverage for a loss arising from services provided pursuant tothis agreement. A certificate of insurance will be provided to the City before Services are rendered under this Agreement. To the fullest extent permitted by law, the Provider agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of the Provider’s negligence or the Provider’s failure to perform its obligations under this Agreement. 9. UNSPECIFIED SERVICES. The City will honor no claim for Services not specified in this Agreement. 10. ENTIRE AGREEMENT. The entire agreement of the parties is contained in this document. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. Any alterations, amendments, deletions or waivers of any provisions of this Agreement shall be valid only when placed in writing and signed by both parties. - 3 - 11. INDEPENDENT CONTRACTOR. Nothing in this Agreement is intended, nor shall be construed, to create the relationship of partners, or employer/employee between the Parties. The Provider, its officers, agents, employees, and volunteers are, and shall remain for all purposes and services under this Agreement, independent contractors. Dated: ________________ CITY OF GOLDEN VALLEY By: ________________________________ Mayor And: _______________________________ City Manager Dated: ________________ SOJOURNER PROJECT, INC By: ________________________________ Executive Director And: _______________________________ Finance Manager Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. H. Waiver of Public Hearing and Certification of Special Assessments - 2017 Sanitary Sewer Repairs located in the Pavement Management Area Prepared By Sue Virnig, Finance Director Summary Agreements have been signed with the property owners located in the 2017 PMP regarding total costs for sanitary sewer repairs and waiving the public hearing pursuant to Minnesota Statues 429.031. This work has been done by the city contractor for sewer repairs. Attachments • List of Sanitary Sewer Improvements in 2017 PMP (1 page) • Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Private Sanitary Sewer Repairs that involve 2017 Street Improvements (1 page) Recommended Action Motion to adopt Resolution waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and ordering Certification of Special Assessments on Private Sanitary Sewer Repairs that involve 2017 Street Improvements. CITY OF GOLDEN VALLEY 2017A PMP PRIVATE SANITARY SEWER REPAIRS LEVY 19843 PID Address Assessment 3011821320076 1633 Hillsboro Ave N 4,645.00 3011821320089 1616 Independence Ave N 3,945.00 3011821320097 1621 Independence Ave N 3,630.55 3011821320096 1625 Independence Ave N 4,145.00 3011821320012 1701 Independence Ave N 4,649.00 21,014.55 Resolution 17-80 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE SANITARY SEWER REPAIRS THAT INVOLVE 2017 CITY STREET IMPROVEMENTS Project Years Interest Rate First Year Levy Total Assessed 2017A PMP Sanitary Sewer Repairs 10 5% 2019 $21,014.55 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various sanitary sewer repair(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of March 1, 2018 through December 31, 2019, will be payable with general taxes for the year of 2018, collectible in 2019, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by February 28, 2018. 4. The owner may pay off the assessment in full after February 28, 2018 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. _____________________________ Shepard Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. I. Waiver of Public Hearing and Certification of Special Assessments - 2017 Driveways Prepared By Susan Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows the property owner to pay for their driveway improvement over time with their property taxes. This work was done by the contractor for the PMP and was billed at the time of completion of the project. Terms are the same as the 2017 project. Attachments • List of Driveways Assessed in 2017 for 2017 PMP (1 page) • Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Driveways that Involve 2017 City Street Improvements (1 page) Recommended Action Motion to adopt Resolution waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and ordering Certification of Special Assessments on Driveways that Involve 2017 City Street Improvements. CITY OF GOLDEN VALLEY 2017 PMP DRIVEWAYS LEVY 19842 PID ADDRESS ASSESSMENT 3011821320050 1614 GETTYSBURG AVE 1,605.82 3011821320054 1628 GETTYSBURG AVE 2,316.25 3011821320063 1613 GETTYSBURG AVE 3,651.13 3011821320077 1629 HILLSBORO AVE 11,703.46 3011821320033 1812 INDEPENDENCE AVE 1,815.08 21,091.74 Resolution 17-81 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2017 CITY STREET IMPROVEMENTS Project Years Interest Rate First Year Levy Total Assessed 2017 PMP Driveways 10 5% 2019 $21,091.74 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various private improvement(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of March 1, 2018 through December 31, 2019, will be payable with general taxes for the year of 2018, collectible in 2019, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by February 28, 2018. 4. The owner may pay off the assessment in full after February 28, 2018 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. _____________________________ Shepard Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. J. Amendment to the 2017 General Fund Budget Prepared By Sue Virnig, Finance Director Summary Staff is requesting a budget amendment to the 2017 Budget for the following: The 2017 General Fund Legal Budget was approved at $155,000. The following resolution will amend the budget by $60,000 for a total of $220,000. Through November the legal fees totaled $189,638. The following items throughout the year have increased the need for legal review: city recodification, employee handbook, police related matters, and Brookview contract review. The Budget adjustment would be paid for by the overage in building permit revenue for a total of $60,000. The overage will cover the expense and the City will not have to use fund balance. Attachments  Resolution amending the 2017 General Fund Budget (1 page) Recommended Action Motion to adopt Resolution amending the 2017 General Fund Budget. Resolution 17-82 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2017 GENERAL FUND BUDGET FOR LEGAL FEES WHEREAS, in 2017, the city code, employee handbook and various matters were reviewed; and WHEREAS, this amendment allocates the building permit revenue to be allocated. BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2017 Amended General Fund Budget are hereby given final approval. DIVISION DESCRIPTION AMOUNT Expenses 006 Legal Services (1121.6340) $60,000 Net Assets (Fund Balance) $60,000 TOTAL 2017 BUDGET _____________________________ Shepard Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. K. Approve Agreement with Hennepin County for the 2018/2019 Sentencing to Service Program Prepared By Tim Kieffer, Public Works Maintenance Manager Al Lundstrom, Park Maintenance Supervisor Summary Over the years, the Public Works Department has received requests for miscellaneous tasks including weeding, litter pickup, and park cleanup that exceed the Public Works Maintenance Division’s available resources. In response to meet these needs, staff has contracted with Hennepin County’s Sentencing to Service Program (STS) since 2014. The STS crews exceed staff’s expectations and capabilities on a range of projects listed below: • Weeding and mulching public landscapes • Mulching and leveling playgrounds • Nature trail maintenance • Trimming small trees and shrubs • Edging and line trimming parks • Sod and seed restoration projects • Painting picnic tables, hockey rink boards, buildings, and signs • Fall cleanup, cutting perennials, etc. • Highway 55 Lilac Project maintenance • Cleaning and landscape maintenance around stormwater ponds • Litter picking all public grounds and highways • Buckthorn removal projects • Snow removal around pedestrian facilities Based on STS’s performance, staff is recommending that the City continue the working relationship with STS in 2018 and 2019. Under the new two year contract, Hennepin County will continue to provide one STS crew full time (5 days a week) to Golden Valley. The primary focus of the STS crews will continue to be the projects listed above and other environment-related efforts. Staff sees this partnership with STS as being a great value and service to the residents of Golden Valley. The total expense for STS in 2016 and 2017 was $186,536. The two year cost to continue this service in 2018 and 2019 shall not exceed $191,100, which includes a 3% increase in 2018 and no additional increase in 2019. The cost is shared between the Conservation/Recycling Fund and Storm Sewer Fund. Each fund has $49,215 budgeted in 2018 and 2019. Attachments • Sentencing to Service Program Services Agreement with The City of Golden Valley (6 pages) Recommended Action Motion to approve the two year agreement with Hennepin County for the 2018 and 2019 Sentencing to Service Program in the amount not to exceed $191,100. Contract No. A178102 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT WITH THE CITY OF This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 ("DEPARTMENT"), and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 ("CITY"). WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from January 1, 2018 through December 31 2019, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed One Hundred Ninety-One Thousand One Hundred Dollars ($191,100.00). 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform labor intensive forestry, park maintenance, street maintenance (the "Work"). The specific services to be performed are more thoroughly described in Exhibit A, attached hereto and incorporated herein by reference. 3. RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT agrees to the following with respect to the Work requested: A. Provide one (1) STS work crew, five (5) days per week at a rate of Three Hundred Sixty- Seven Dollars and Fifty Cents($367.50)for the period January 1, 2018 through December 31, 2019 for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. B. Provide COUNTY employed crew leader who will be responsible for the transportation, instruction, and supervision of the STS Program work crew. C. Provide required personal safety equipment and clothing needed for specific work. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 1 of 6 Contract No. A178102 D. Provide basic landscaping tools and equipment needed for specific work. E. Train each STS Program work crew in necessary safety principles and techniques. F. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. G. Assume all medical liability for the STS Program participants. 4. RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 5. COST AND PAYMENT FOR SERVICES A. The CITY shall pay the COUNTY a rate of Three Hundred Sixty-Seven Dollars and Fifty Cents ($367.50) per crew, per day, with a total cost not to exceed One Hundred Ninety- One Thousand One Hundred Dollars ($191,100.00) for the services described in this Agreement. B. The COUNTY shall bill the CITY for all applicable taxes. C. Payment for services performed by the COUNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COUNTY will invoice for services at the end of each calendar quarter. 6. INDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. 7. INDEMNIFICATION Each party agrees that it will be responsible and agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts, and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no liability to the CITY for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 2 of 6 Contract No. A178102 business opportunity, or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. Each party's liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 8. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 9. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 10. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 11. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the CITY's compliance. B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 12. CONTRACT ADMINISTRATION (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 3 of 6 Contract No. A178102 In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, Logan Futterer, Hennepin County Department of Community Corrections& Rehabilitation, Community Offender Management Division, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. CITY Project Contact: Al Lundstrom Park Maintenance Supervisor City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 (763) 593-8046 (Direct) alundstrom(a�-goldenvalleymn.gov CITY Billing Contact: Tim Kieffer Public Works Maintenance Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 763-593-3960 (Direct) tkieffer(a)goldenvalleymn.gov 13. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. 14. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 4 of 6 Contract No. A178102 COUNTY BOARD AUTHORIZATION Reviewed by the County COUNTY OF HENNEPIN Attorney's Office STATE OF MINNESOTA By: Chair of Its County Board Date: Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: CITY OF GOLDEN VALLEY The CITY warrants that the person who executed this Agreement is authorized to do so as required by applicable articles, bylaws, resolutions, or ordinances." By: Its: Date: And: Its: Date: "The CITY shall submit applicable documentation(articles,bylaws,resolutions,or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the same time this Agreement is returned to the COUNTY. (STS Form/Governmental Unit Svcs Agr—Revised 3/2016) Page 5 of 6 Contract No. A178102 EXHIBIT A: SERVICES TO BE PROVIDED City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 %Non- %Taxable Description of Work to be Performed Taxable Landscape Maintenance Services X Lawn Mowing Services X Forestry and Park Maintenance Services X Snow Shoveling Services X Hennepin County provides certain services that are taxable in the State of Minnesota. Appropriate sales tax will be charged for all taxable services provided. Please consult the Minnesota Department of Revenue Sales & Use Tax guides (available at http://taxes.state.mn.us) for information on taxability of specific services. (STS Form/Governmental Unit Svcs Agr-Revised 11/2012) Page 6 of 6 Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. L. Amending the 2018 Budget of the General Fund Prepared By Marc Nevinski, Physical Development Director Kirsten Santelices, Human Resources Coordinator Sue Virnig, Finance Director Summary On December 5, Resolution 17-77 Adopt the 2018 Budget of the General Fund was approved. Since then, the following positions (Engineer and Public Works Specialist) have been evaluated and as such are proposing to reclassify them due to the needs of the department. These two positions charge out some of their time to projects and some to the General Fund. Though there is an increase in salaries, the general fund will not impacted. Attachment • Resolution amending Resolution 17-77 the 2018 Budget of the General Fund (1 page) Recommended Action Motion to adopt Resolution Amending Resolution 17-77 the 2018 Budget of the General Fund. Resolution 17-83 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2018 BUDGET OF THE GENERAL FUND WHEREAS, in 2017, Resolution 17-77 stated all non-union employees will receive a 2.5% increase in wages and salaries in 2018; and WHEREAS, the reclassified positions of Assistant City Engineer and Development and Assets Coordinator would receive more than the 2.5% increase in salaries. BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following amendment to Resolution 17-77, modifying the general wages and salaries for the reclassified personnel named herein effective January 1, 2018. PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Engineer $ 84,095 $ 88,099 $ 92,104 $ 96,108 $ 100,113 Development and Assets Coordinator $ 84,095 $ 88,099 $ 92,104 $ 96,108 $ 100,113 _____________________________ Shepard Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. M. Engagement Letter ‐ Auditing Services for 2017 Fiscal Year Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich and Co for 2017 audit services for $45,900. This amount is the same as 2016 and includes the review for the Housing and Redevelopment Authority Funds. Preliminary fieldwork will begin in January with final fieldwork starting on February 26. Attachments  Engagement Letter With MMKR ‐ City Audit, For The Year 2017 (9 pages) Recommended Action Motion to authorize City Manager to sign Engagement Letters with the firm of Malloy, Montaque, Karnowski, Radosevich & Co. for the 2017 audit of the City. PRINCIPALS Thomas A. Karnowski, CPA Paul A. Radosevich, CPA MMKRWilliam J. Lauer, CPA James H. Eichten, CPA CERT IFIEDPUBLIC Aaron J. Nielsen, CPA A C C OUNTANTS Victoria L. Holinka, CPA/CMA December 14, 2017 To the City Council and Management of the City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Councilmembers and Management: We are pleased to confirm our understanding of the services we are to provide the City of Golden Valley (the City) for the year ended December 31, 2017. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison for the General Fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City as of and for the year ended December 31, 2017. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as Management's Discussion and Analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB), who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited: 1) MD&A 2) GASB -required supplementary pension and other post -employment benefits information We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a separate written report accompanying our auditor's report on the financial statements OR in a report combined with our auditor's report on the financial statements: 1) Combining and individual fund statements and schedules, presented as supplemental information Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Phone: 952-545-0424 • Fax: 952-545-0569 • www.mmkr.com City of Golden Valley Page 2 December 14, 2017 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information: 1) Introductory information 2) Statistical section We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statutes § 6.65, and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and a summary of legislative activity affecting Minnesota cities. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), which would only be required if the City expended $750,000 or more in federal assistance funds during the year. If the City is required to have a Single Audit of federal assistance funds, this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. We will make reference to another auditor's audit of required components if necessary in our report on your financial statements. We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to management and the City Council of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs. If our opinions on the financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement. City of Golden Valley Page 3 December 14, 2017 We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of city or group management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of city or group management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by auditing standards generally accepted in the United States of America. City of Golden Valley Page 4 December 14, 2017 If information from a component unit is required to be included in the City's financial statements, we will not audit the financial statements of components of which we were not engaged as auditors as of and for the year ended December 31, 2017. Those financial statements will be audited by other auditors whose reports thereon will be furnished to us. We will communicate with the other auditors and reference their audit of the component(s) as necessary. Information from the group component audit will be included in the City's financial statements based on materiality, significance to the audit, and auditor judgement. Audit Procedures — Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to city or group management and those charged with governance of the city or group, internal control -related matters that are required to be communicated under American Institute of Certified Public Accountants (AICPA) professional standards and Government Auditing Standards. Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes of the City in conformity with accounting principles generally accepted in the United States of America based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for designing, implementing, and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles general accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. City of Golden Valley Page 5 December 14, 2017 Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with accounting principles generally accepted in the United States of America; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. City of Golden Valley December 14, 2017 Engagement Administration, Fees, and Other Page 6 We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing, will be discussed and coordinated with you. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a regulatory agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carryout oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit shortly after the end of your fiscal year and to issue our reports prior to June 30, 2018. William J. Lauer, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fees for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $45,900. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. City of Golden Valley Page 7 December 14, 2017 These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as new contractual agreements, transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. During the year, you might request additional services such as routine advice, assistance in implementing audit recommendations, review of your projections or budgets, and other similar projects. Independence standards allow us to perform these routine services; however, it is important that you understand that we are not allowed to make management decisions, perform management functions, nor can we audit our own work or provide nonaudit services that are significant to the subject matter of the audit. Please be aware that e-mail is not a secure method of transmitting data. It can be intercepted, read, and possibly changed. Due to the large volume of e-mails sent daily, the likelihood of someone intercepting your e-mail is relatively small, but it does exist. We will communicate with you via e-mail, if you are willing to accept this risk. To ensure that MMKR's independence is not impaired under the AICPA Code of Professional Conduct, you agree to inform the engagement partner before entering into any substantive employment discussions with any of our personnel. If a dispute occurs related in any way to our services, our firm and the City agree to discuss the dispute and, if necessary, to promptly mediate in a good faith effort to resolve it. We will agree on a mediator, but if we cannot, either of us may apply to a court having personal jurisdiction over the parties for appointment of a mediator. We will share the mediator's fees and expenses equally, but otherwise will bear our own attorney fees and costs of the mediation. Participation in such mediation shall be a condition to either of us initiating litigation. To allow time for the mediation, any applicable statute of limitations shall be tolled for a period not to exceed 120 days from the date either of us first requests in writing to mediate the dispute. The mediation shall be confidential in all respects, as allowed or required by law, except that our final settlement positions at mediation shall be admissible in litigation solely to determine the identity of the prevailing party for purposes of the awarding of attorney fees. City of Golden Valley Page 8 December 14, 2017 We both recognize the importance of performing our obligations under this agreement in a timely way and fully cooperating with the other. In the event that either of us fails to timely perform or fully cooperate, the other party may, in its sole discretion, elect to suspend performance or terminate the agreement regardless of the prejudice to the other person. We agree we will give 10 days' written notice of an intent to suspend or terminate, specifying the grounds for our decision, and will give the other an opportunity to cure the circumstances cited as grounds for that decision. In the event of suspension or termination, all fees and costs are immediately due on billing. We agree that it is important that disputes be discussed and resolved promptly. For that reason, we agree that, notwithstanding any other statutes of limitations or court decisions concerning them, all claims either of us may have will be barred unless brought within one year of the date the complaining party first incurs any damage of any kind, whether discovered or not, related in any way to acts or omissions of the other party, whether or not the complaining party seeks recovery for that first damage and whether or not we have continued to maintain a business relationship after the first damage occurred. Notwithstanding anything in this letter to the contrary, we agree that regardless of where the City is located, or where this agreement is physically signed, this agreement shall have been deemed to have been entered into at our office in Hennepin County, Minnesota, and Hennepin County shall be the exclusive venue and jurisdiction for resolving disputes related to this agreement. This agreement shall be interpreted and governed under the laws of Minnesota. When requested, Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. William J. Lau r, CPA Principal WJLJmb Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: 1214 KerberRose Certified Public Accountants System Review Report To the Principals of Malloy, Montague, Karnowski, Radosevich and Co., P.A. and the Peer Review Committee of the Minnesota Society of CPAs We have reviewed the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. (the firm) in effect for the year ended May 31, 2016. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under GoveramentAuditing Standards and an audit of an employee benefit plan. In our opinion, the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. in effect for the year ended May 31, 2016 has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Malloy, Montague, Karnowski, Radosevich and Co., P.A. has received a peer review rating of pass. KerberRose SC September 15, 2016 4211 N. Lightning Drive, Suite A Appleton, WI 54913 P:920-993-0105 F:920-993-0116 www.kerberrose.com PrimeGlobal An Association of Independent Accounting Firms Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. N. Acceptance of Donations for Ongoing Donations Prepared By Sue Virnig, Finance Director Summary This resolution is for acceptance of donations received from throughout the year for ongoing programs that are approved at year end. Attachments • Resolution Accepting Donations for the Ongoing Programs (5 pages) Recommended Action Motion to adopt Resolution Accepting Donations for the Ongoing Programs. Resolution 17-83 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Run The Valley Sponsorships: Accord Financial Strategies $100 Anytime Fitness Crystal & New Hope $250 BNC National Bank $500 Gary Metchrek Realty $100 Legacy Rehabilitation Group $501 Liberty Carton Company (LDI) $500 Lund’s & Byerly’s $1000 Oak Grove Church $200 Optum $1000 Park Nicollet $501 Relative Strength $400 Snap Fitness $100 Trustone Financial $500 Voyen Chiropractic $100 WeRow $100 Total Sponsorship $ as of 3/13/17: $5,852 Golden Valley Golf & Lawn Bowling Classic Sponsorships: Anonymous $1,000 Anytime Fitness (New Hope/Crystal) $500 City of Golden Valley $500 Gurstel Law Firm $500 Short Elliot Hendrickson, Inc $500 Best & Flanagan LLP $500 City of Golden Valley $500 BNC Bank $300 Total $4,300 Resolution 17-83 -2- December 19, 2017 Golden Valley Golf & Lawn Bowling Classic Sponsorships - continued: Donations Papa Johns - 2 online free pizza card New Hope Cinema Grill - 10 movie passes Doolittles - $25 Gift Card Best Wishes Floral - 2 buffet arrangement & raffle Solicitation Letters Adair, Mary $40 Allen, David $30 Anderson, Bruce W. $20 Anderson, Harriet $20 Anderson, Karen $30 Anderson, Marjorie & Dennis $15 Anderson, Paula $500 Anderson, Randy $20 Anderson, Willie & Sara $100 Anonymous $100 Anonymous $60 Anonymous $50 Anonymous $30 Anonymous $20 Arme, Delphine & Harold $10 Arme, Harold & Delphine $20 Bach, Barbara $20 Bailey, Steven $30 Barnard, Allen & Andra $25 Bauer, Betty $20 Beavers, Gordon & Jan $20 Bendixen, Ronald $25 Benthin, Roxy $30 Bergquist, Ed $30 Bernard, James $50 Berven, Pam $50 Blum, Susan & Ron $30 Broadhurst, John & Lisa $20 Brombacher, Ernst & Hildegard $10 Brooking, Betty $30 Browne, Donald $25 Cervantes, Jason $10 Cervenka, Terza $30 Chessen, Mary $30 Collin, Steve $100 Courey, Sam & Barbara $100 Courtney, Jackie $200 Cragg, Dan & Randi $30 Curley, Shawn & Diane $100 Daleiden, Amy & Christian $50 Dardick, Samuel & Kathryn $250 Davis, Kathy A. $30 DiAngelis, Nina & Anthony $120 Diedrich, Douglas & Barbara $100 Dienst, Dennis & Joy $100 Dorman, Joan $30 Eicher, Nancy $100 Eiden, Ardith & Glen $25 Eisenstadt, Deborah $50 Elert, David $200 Erickson, Dorthy & Luverne $30 Erickson, Hilmer & Gloria $100 Erickson, Muriel $50 Estrin, Linda $10 Fiterman, Carolyn $250 Flom, Dennis $10 Fonnest, Larry $50 Forster, Susan & Joe $50 Furcht, Leo $100 Gallimore, Susan $50 Gerhardt, Judith & Don $30 Godejohn, Donna $50 Graf, Phyllis $20 Grant, Todd $50 Gray, Joseph $25 Greenlees, Patricia $25 Grote, David $30 Groves, Nancy $25 Gruidl, Allen $20 Grussing, Don & Grace $30 Resolution 17-83 -3- December 19, 2017 Gustner, Dennis & Shirley $30 Hall, Marion & Jim $50 Halos, Aileen $20 Hannan, Nancy $30 Hanson, Deanne $20 Harn, Thomas & Virginia $100 Harris, Shep $30 Heidinger, Jon $100 Helicher, Elissa $100 Heller, Steven $50 Herberg, Suzanne $50 Hill, Milton R. $40 Hillenbrand, Rita $10 Hoang, Minhba $20 Hobbs, Sally $50 Hochhauser, Lynn $10 Hodgson, David $100 Hoskamer, Thomas $30 Hubbell, Megan & Charles $10 Hughes, Ellen $50 Ide, Nadine $10 Ingber, Evie & Alan $30 Iverson, Jane $30 Jacob, Charles $50 Johnson, Allan & Betty $100 Johnson, Dennis $10 Johnson, James & Kathleen $100 Johnson, Maria & David $50 Juliar, D.E. $15 Kauffman, Judith $20 Kelly-Norton Programs, Inc. $100 Keplinger, Wayne $250 Ketokoski, Jon & Linda $20 Kishel, Deane & Diane $60 Kneeskern, Joan $100 Kopp, Rebecca $25 Korstad, Sharon $30 Kuball, David & Jan $5 Laine, Dawn $30 Landmark, Stephanie $40 Larson, G.D. $20 Laurie, Joellyn $15 Leith, Jim $20 Liedtke, Brian $30 Lilja, Patrick & Beth $100 Linder, Sue $50 Lipschultz, Martin $100 Litton, Dr. Stephen $25 Lue, Denzil & Betty $35 Mainerich, Joyce $50 Marahrens, Laura & York $50 Mathay, Marie $20 McIntire, S. Catherine $20 Melesse, Rachel & Woubeshet $100 Meuwissen, Alan $100 Meyers, Chuck $30 Miller, Rich & Susan $50 Milstein, Bernie $2 Misic, Bojan $100 Momsen, Tim & Anita $50 More, Derek & Alysa $50 Nazarenko, Alexander $100 Neubeck, Eva $50 Nguyen, Hai P. $20 Olson, Rod $30 Orbuch, Joyce & Martin $30 Ormond, Michael $150 Orn, Duane $100 Osbeck, Roger & Violet $20 O'Shaughnessy, Joseph $50 Ostlund, Bonnie $40 Pappas, Mary Jane & Bruce $50 Patton, Mary & Edward $100 Patton, Paul $25 Pearson, Mibs $25 Pellizzer, Jane & Michael $50 Pelzek, Gordon $20 Penk, Dean & Julie $10 Pentel, Paula $200 Petersen, Dale $50 Pink, Paul $20 Quirk, Mary $30 Ridgeway, Aeron & Seraphina $40 Robinson, Christopher $50 Robinson, Stephen $30 Rosai, Hilda $10 Rose, Jean $10 Rust, Paul $300 Salas, Samuel & Cecilia $30 Sauter, Richard $100 Resolution 17-83 -4- December 19, 2017 Savitt, Steven $50 Schaub, Lisa $30 Schlumpberger, E.F. & C.A. $10 Schmidgall, Steve $30 Schnack, Don $10 Schock, Michael $100 Schultz, Dan $100 Schuster, Bill & Judy $25 Segal, Faye $20 Shaffer, Mary & Robert $100 Sherman, Jim & Estie $10 Skalitzky, Thomas & Kathryn $50 Smith, T.J. $25 Smoleroff, Gene $50 Sojourner $275 Spaulding, Doug $100 Stanford, Jim & Mary $30 Stern, Andrea $20 Stone, Karla $50 Sukhram, Ramesh $20 Swaggert, Suzann $25 Swanson, Jessica $20 Theiringer, Thomas & Julie $100 Thomas, Delroy & Doris $100 Tim & Laurie $100 Tomes, Stacy & Randy $50 Tronnier, Robert $100 Trotter, Holly $50 Turbenson, James & Carol $50 United HealthCare Sys. Inc. $2,500 Velez, Karin $20 Vrona, Bernie $10 Wadsten, Bob $50 Ward, Allen $30 Weil, Cass $50 Weisberg, Scott $20 Weiss, Melvin & Lillian $20 Wells, Perry $50 Wetzel, John $50 White, Tom $10 Wilsman, Norm $10 Wilson, James $30 Witebsky, Alan $20 Wolff, Donna $50 Wong, Chun T. $20 Woods, Letha $10 Ye, Luverne $10 Yngve, John $100 Zouber, Jack & Sylvia $10 Total Amount $13,462 OVERALL 10,992.00 Canvas Health/Crisis Connection 265.00 Crisis Nursery 130.00 Dinner at Your Door 310.00 PRISM 575.00 Senior Services HOME 172.50 Senior Services OUTREACH 242.50 Soujourner 275.00 The Bridge for Youth 321.66 TreeHouse 141.67 YMCA-New Hope 36.67 TOTAL $13,462.00 Park & Recreation Donation Shep Harris in kind donation of $335 Movie licensing fee for a Movie in the Park in 2018. Resolution 17-83 -5- December 19, 2017 _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. O. Receipt of November 2017 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: ∼ General Fund Operations ∼ Conservation/Recycling Fund (Enterprise Fund) ∼ Water and Sewer Utility Fund (Enterprise Fund) ∼ Brookview Golf Course (Enterprise Fund) ∼ Motor Vehicle Licensing (Enterprise Fund) ∼ Storm Utility Fund (Enterprise Fund) ∼ Equipment Replacement Fund (Capital Projects Fund) ∼ Brookview Center (Special Revenue Fund) ∼ Human Services Fund (Special Revenue Fund) ∼ Building Improvement Fund (Capital Projects Fund) ∼ Park Improvement Fund (Capital Projects Fund) General Fund Operations: As of November 2017, the City has used $2,568,907 of fund balance to balance the General Fund Budget. Attachments • November 2017 General Fund Financial Reports (2 pages) • November 2017 Conservation/Recycling Fund (1 page) • November 2017 Water and Sewer Utility Fund (1 page) • November 2017 Brookview Golf Course (1 page) • November 2017 Motor Vehicle Licensing (1 page) • November 2017 Storm Utility Fund (1 page) • November 2017 Equipment Replacement Fund (1 page) • November 2017 Brookview Center Fund (1 page) • November 2017 Human Services Fund (1 page) • November 2017 Building Improvement Fund (1 page) • November 2017 Park Improvement Fund (1 page) Recommended Action Motion to receive and file the November 2017 Financial Reports. Over % 2017 November YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $362,710 18,885 280,016 ($82,694)77.20% 003 City Manager 816,815 51,802 642,100 (174,715)78.61% 004 Transfers Out 850,000 0 850,000 0 100.00%(1) 005 Admin. Services 1,874,665 120,140 1,659,069 (215,596)88.50% 006 Legal 155,000 24,268 165,457 10,457 106.75%(2) 007 Risk Management 305,000 0 245,543 (59,457)80.51% 011 General Gov't. Bldgs.583,635 39,209 427,333 (156,302)73.22% 016 Planning 362,450 21,888 279,243 (83,207)77.04% 018 Inspections 791,310 55,420 609,561 (181,749)77.03% 022 Police 5,885,265 400,790 4,812,165 (1,073,100)81.77% 023 Fire 1,494,620 167,738 1,208,396 (286,224)80.85% 035 Physical Dev Admin 304,310 21,061 256,849 (47,461)84.40% 036 Engineering 803,380 50,809 628,637 (174,743)78.25% 037 Streets 1,609,730 102,778 1,225,568 (384,162)76.14% 066 Park & Rec. Admin.719,970 54,180 651,228 (68,742)90.45% 067 Park Maintenance 1,170,340 63,049 1,039,350 (130,990)88.81% 068 Recreation Programs 418,845 28,942 314,784 (104,061)75.16% TOTAL Expenditures $18,508,045 $1,220,959 $15,295,299 ($3,212,746)82.64% (1) This transfer was made in June, 2017. (2) Legal services are billed thru October. City of Golden Valley Monthly Budget Report - General Fund Expenditures November, 2017 (unaudited) Division 92.00% Over % 2017 November YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $14,814,685 0 7,528,262 ($7,286,423)50.82%(1) Licenses 217,365 2,815 240,644 $23,279 110.71% Permits 1,068,790 629,628 2,754,240 $1,685,450 257.70% Federal Grants 0 2,832 15,228 $15,228 State Aid 268,380 0 215,124 ($53,256)80.16%(2) Charges For Services: General Government 19,000 214 44,392 $25,392 233.64% Public Safety 154,175 5,093 141,454 ($12,721)91.75% Public Works 150,800 7,445 152,713 $1,913 101.27% Park & Rec 385,350 11,305 362,994 ($22,356)94.20% Other Funds 791,500 72,986 703,441 ($88,059)88.87% Fines & Forfeitures 300,000 35,545 339,627 $39,627 113.21%(3) Interest On Investments 75,000 0 0 ($75,000)0.00%(4) Miscellaneous Revenue 233,000 18,034 200,773 ($32,227)86.17% Transfers In 30,000 2,500 27,500 ($2,500)91.67%(5) TOTAL Revenue $18,508,045 $788,397 $12,726,392 ($5,781,653)68.76% Notes: (1) Payments are received in July, December, and January (delinquencies). (2) Police Training will be paid in August. Safe and Sober is billed on time spent. Fire Training reimbursement is $48,662. Second half of LGA is paid in Dec. (3) Fines/Forfeitures are thru for October 2017. (4) Investment income is allocated at year end. (5)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Monthly Budget Report - General Fund Revenues November 2017 (unaudited) Over 2017 November YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 61,230 0 56,237 (4,993)91.85%(4) Recycling Charges 382,520 33,927 326,322 (56,198)85.31%(2) Miscellaneous Revenues 8,000 0 9,521 1,521 Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 455,750 33,927 392,080 (63,670)86.03% Expenses: Recycling 466,795 21,876 315,606 (151,189)67.61%(3) Total Expenses 466,795 21,876 315,606 (151,189)67.61% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru November 2017. (3) Republic Services are billed thru October and are receiving rebates again. (4) Grant reduced due to no compost program. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund November 2017 (unaudited) Over 2017 November YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 4,432,200 380,600 4,340,315 (91,885)97.93% Emergency Water Supply 183,600 18,134 209,346 25,746 114.02% Sewer Charges 3,410,000 344,220 3,179,537 (230,463)93.24% Meter Sales 8,000 2,654 30,253 22,253 378.16% Penalties 110,000 15,630 191,151 81,151 173.77% Charges for Other Services 90,000 15,401 266,915 176,915 296.57% State Water Testing Fee Pass Through 45,500 4,013 38,696 (6,804)85.05% Sale of Assets 10,000 0 55,058 45,058 550.58% Franchise Fees 400,000 0 400,000 0 100.00% Certificate of Compliance 75,000 3,550 69,625 (5,375)92.83% Interest Earnings 15,000 0 0 (15,000)0.00% Total Revenue 8,779,300 784,202 8,780,896 1,596 100.02% Expenses: Utility Administration 2,279,610 136,091 2,382,856 103,246 104.53% Sewer Maintenance 2,809,045 208,466 2,385,883 (423,162)84.94% Water Maintenance 4,772,390 292,122 3,476,151 (1,296,239)72.84% Total Expenses 9,861,045 636,679 8,244,890 (1,616,155)83.61% City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund November, 2017 (unaudited) Over 2017 November YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 852,460 3,748 831,235 (21,225)97.51% Driving Range Fees 151,955 0 174,548 22,593 114.87% Par 3 Fees 165,000 (1,769)147,909 (17,091)89.64% Lawn Bowling 45,000 0 58,765 13,765 130.59% Pro Shop Sales 90,000 870 71,497 (18,503)79.44% Pro Shop Rentals 285,000 2,534 270,455 (14,545)94.90% Concession Sales 415,000 2,868 438,578 23,578 105.68% Other Revenue 80,150 (640)117,008 36,858 145.99% Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax (46,000)(5,470)(46,753)(753)101.64% Total Revenue 2,043,565 2,141 2,063,242 19,677 100.96% Expenses: Golf Operations 715,020 41,108 676,377 (38,643)94.60%(2) Course Maintenance 1,020,780 39,702 839,022 (181,758)82.19% Pro Shop 125,220 (285)97,330 (27,890)77.73% Grill 307,840 6,296 360,773 52,933 117.19% Driving Range 59,695 519 76,367 16,672 127.93% Par 3 Course 24,995 30 24,791 (204)99.18% Lawn Bowling 21,245 0 15,682 (5,563)73.82% Total Expenses 2,274,795 87,370 2,090,342 (184,453)91.89% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund November, 2017 (unaudited) opened March 31; Grill closed 9-20; Course 11-8 Over 2017 November YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000)0.00%(1) Charges for Services 423,165 27,689 419,253 (3,912)99.08% Total Revenue 425,165 27,689 419,253 (5,912)98.61% Expenses: Motor Vehicle Licensing 424,720 27,016 379,477 (45,243)89.35% Total Expenses 424,720 27,016 379,477 (45,243)89.35% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund November 2017 (unaudited) Over 2017 November YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 0 31,879 31,879 Storm Sewer Charges 2,375,000 196,453 2,069,457 (305,543)87.14% Bassett Creek Watershed 0 0 0 0 Miscellaneous Receipts 207,775 164,897 222,196 14,421 Sale or Loss of Assets 0 0 17,800 17,800 State Grant - Other 0 550,748 832,935 832,935 (4) Total Revenue 2,632,775 912,098 3,174,267 541,492 120.57% Expenses: Storm Utility 3,527,930 406,276 4,550,186 1,022,256 128.98%(2) (3) Street Cleaning 128,000 17,515 72,454 (55,546)56.60% Environmental Control 317,565 16,520 257,036 (60,529)80.94% Debt Service Payments 0 450 75,931 75,931 0.00%(3) Total Expenses 3,973,495 440,761 4,955,607 982,112 124.72%(5) (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF. Future TIF reimbursement $1,196,435 (4) State -10th Avenue Culvert. (5) Reserves are being used that were planned. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund November, 2017 (unaudited) 2017 Equipment Replacement Fund (CIP) - Fund 5700 2017 November YTD Budget Total Actual Remaining Revenues: Proceeds - Certificate of Indebtedness 800,000 0 852,665 52,665 Sale of Assets 35,000 14,579 96,052 61,052 Miscellaneous 0 3,306 7,702 7,702 Interest Earnings (allocated at year end)28,831 0 0 (28,831) Total Revenues 863,831 17,885 956,419 92,588 Expenditures: Program #Project Number Project Name 5700 Bond Expenditures 0 0 8,476 (8,476) 5701 V&E-001 Marked Squad Cars (Police)80,000 3,517 158,581 (78,581)(3) (1)5702 V&E-002 Computers and Printers (Finance)105,000 406 56,827 48,173 V&E-021 Vibratory Asphalt Roller (street)45,000 0 41,847 3,153 5762 V&E-026 Pickup Truck (Park)40,000 16,426 46,086 (6,086) 5760 V&E-037 Aerial Ladder (Fire)400,000 0 54,459 345,541 V&E-038 Streetscape Banners (Street)25,000 0 13,469 11,531 5747 V&E-070 Single Axle Dump Truck (Street)225,000 0 219,258 5,742 V&E-073 Sidewalk Snowblower (Street)110,000 0 0 110,000 5786 V&E-083 Passenger Vehicle (Fire)40,000 0 32,089 7,911 5757 V&E-099 Asphalt Hot Box (Street)45,000 0 30,737 14,263 V&E-108 Unmarked Police Vehicle (Police)40,000 0 7,400 32,600 5771 V&E-120 Field Line Painter 20,000 0 14,565 5,435 5785 V&E-121 Tasers (Police)16,000 0 0 16,000 V&E-126 Tack Sprayer (Street)60,000 0 65,171 (5,171) 5746 V&E-128 Utility Tractor (Park)105,000 0 101,241 3,759 V&E-130 Rotary Mower (Park)25,000 0 0 25,000 V&E-135 Body Cameras/Dash Cams/Software (Police)220,000 0 0 220,000 (2) V&E-150 Asset Management Software 60,000 0 0 60,000 Total Expenditures 1,661,000 20,349 850,206 530,794 (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2) In 2016, a transfer was made to the equipment replacement fund to purchase video dash cams and body cameras together. (3) Marked Squads include a replacement for a squad that was totaled in 2017. Over 2017 November YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 20,000 (10)2,966 (17,034)14.83% Backyard Play Area 50,450 0 0 (50,450)0.00% Miscellaneous Revenues 5,500 0 0 (5,500)0.00% Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 79,950 (10)2,966 (76,984)3.71% Expenses: General Area Rooms 167,715 4,806 25,263 (142,452)15.06%(2) Indoor Play Area 54,875 4,717 8,354 (46,521)15.22%(3) Banquet Facility 63,360 5,455 27,684 (35,676)43.69%(3) Total Expenses 285,950 14,978 61,301 (224,649)21.44% (1) Interest Earnings are allocated at year-end. (2) Staff Time/Supplies for Brookview Rental (3) Advertising costs for CVB brochure plus 1/2 Banquet Manager City of Golden Valley Monthly Budget Report - Brookview Center Special Revenue Fund November 2017 (unaudited) Over 2017 November YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 3,015 30,581 581 101.94%(3) Fundraisers 30,000 0 28,913 (1,087)96.38% Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 3,015 59,494 (1,206)98.01% Expenses: Supplies 17,100 0 7,809 (9,291)45.67% Allocations 60,000 2,116 55,301 (4,699)92.17%(2) Total Expenses 77,100 2,116 63,110 (13,990)81.85% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2017 are $60,000. (3) Pull Tab revenues are thru October. City of Golden Valley Monthly Budget Report - Human Services Fund November 2017 (unaudited) 2017 Buiiding Improvement Fund (CIP) - Fund 5200 2017 November YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 300,000 300,000 300,000 0 Interest Earnings (allocated at year end)3,260 0 0 (3,260) Total Revenues 303,260 300,000 300,000 (3,260) Expenditures: Project Name Carpet Replacement-City Buildings 50,000 0 29,765 20,235 Installation of Building Security Systems 50,000 18,876 47,606 2,394 (1)Vehicle Maintenance Window Replacement 15,000 0 0 15,000 Furniture - City Buildings 50,000 0 30,278 19,722 Total Expenditures 165,000 18,876 107,649 57,351 2017 Park Improvement Fund (CIP) - Fund 5600 2017 November YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 250,000 0 250,000 0 Park Dedication Fee 0 5,550 5,550 0 Hennepin County Youth Sports Grant 100,000 0 100,000 0 Three Rivers Park District 325,000 0 325,000 0 Little League/Youth Associations/Play Eq Grants 118,500 0 18,500 (100,000) Other Donations 0 0 21,454 21,454 Golden Valley Community Foundation 0 0 35,000 35,000 Interest Earnings (allocated at year end)5,390 0 0 (5,390) Total Revenues 798,890 5,550 755,504 (48,936) Expenditures: Project Name Bleacher Replacement 25,000 0 28,111 (3,111) Park Trail and Parking Lot Improvements 30,000 0 28,705 1,295 (1)Play Structure Replacement 170,000 35,003 623,477 (453,477)(1) Ball Field Lighting 360,000 0 207,479 152,521 Outdoor Basketball and Hoop Replacement 28,000 0 19,574 8,426 Park Signage Replacement 10,000 0 10,622 (622) Sun Shelter Replacement/Additions 25,000 0 13,380 11,620 Tennis & Pickle Ball Court Resurfacing 32,000 14,962 20,462 11,538 Brookview Entrance Sign Replacement 50,000 0 0 50,000 Sidewalk Connection 25,000 0 0 25,000 Total Expenditures 755,000 49,965 951,810 (196,810) (1)Three Rivers Park Grant for Schaper Park Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 3. P. Adopt Amendment to Employee Handbook Prepared By Kirsten Santelices, Human Resources Director Summary At the Council/Manager meeting on December 12, 2017, the Council reviewed Staff proposed changes to the Employee Handbook. Staff reiterated that it is in the best interest of the City to regularly review and update policies, considering new case law, and legislative updates. At the Council/Manager meeting, Staff and Council with the assistance of the City Attorney reviewed the changes to the following policies: • Respectful Workplace, • Tobacco, Drug and Alcohol, • Dress Code, • External Communications, and • Separation Staff was encouraged by Council to review several policies and make appropriate revisions before the City Council meeting on December 19, 2017. The following items are responses to those requests: A. Respectful Workplace - City Council posed question to staff on the applicability of the current policy to elected officials, as well as board and commission members. Staff reviewed with legal counsel and reviewed League of Minnesota Cities model policies, to determine best practices for including additional groups under the Respectful Workplace policy. This resulted in added language to the handbook that broadens the scope of the policy to include elected officials, board and commission members, and volunteers. B. Political Activity - City Council encouraged further review of the policy for clarity and readability. Staff has removed current language and updated with League of Minnesota City model policy language: “City employees have the right to express their views and to pursue legitimate involvement in the political system. However, no city employee will directly or indirectly, during hours of employment, solicit or receive funds for political purposes. Further, any political activity in the workplace must be pre-approved by the city to avoid any conflict of interest or perception of bias such as using authority or political influence to compel another employee to apply for or become a member in a political organization.” Following these changes, Staff is proposing Council adopt the updated handbook. Human Resources and Communications staff members will work together to reformat the proposed updated handbook upon Council approval. The approved updated handbook will go into effect January 1, 2018. Attachments: • Updated Respectful Workplace handbook section (3 pages) • Resolution Adopting Amendment to the Employee Handbook (1 page) Recommended Action Motion to adopt Resolution adopting amendments to the Employee Handbook. Respectful Workplace DRAFT Equal Employment Opportunity (EEO) Policy Statement The City is committed to providing equal employment opportunity to all persons, in all areas of employment, including but not limited to recruitment, hiring, placement, promotion, demotion or transfer, layoff, recall, termination, rates of pay or other forms of compensation, and selection for training. All employment policies and practices will be nondiscriminatory in compliance with federal, state, and local laws. The City will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, disability, age, genetic information, familial status, veteran status, status with regard to public assistance, or any other protected class (“Protected Classes”). Accommodations for Disabilities The City will make reasonable accommodation for a qualified individual with a disability who requires such accommodation to perform the essential functions of his or her job. Employees who believe that they are a qualified individual with a disability and need accommodation, please contact Human Resources. We will then engage in an interactive process with employees to better understand their needs in the context of their position and to determine what reasonable accommodations may be made to address their disability. As part of that interactive process, we may ask you to give us information from a medical provider about the nature of the disability and the accommodations that are necessary to allow the employee to perform the essential functions of his/her position. Accommodations for Pregnancy and Nursing Mothers For employees with health conditions relating to pregnancy or childbirth, the City will provide reasonable workplace accommodations, such as but not limited to: • More frequent unpaid restroom, food, and water breaks; • Seating; • Limits on lifting over 20 pounds; and/or • Temporary transfer to a less strenuous or hazardous position, should one be available. Additionally, for one year after the birth of the child, the City will provide nursing mothers with reasonable unpaid break time and a suitable room to express milk for nursing her child. Please contact Human Resources if you need accommodation or nursing space. Accommodations for Religious Practice We value the diversity of our employees and recognize that employees may need accommodation to observe the practices of their religious tradition. Employees who require accommodation of their schedule or other aspects of their job for religious reasons should talk to Human Resources. We will work with employees to determine reasonable ways to accommodate those practices. Offensive Behavior and Discrimination Prevention Policy The City is committed to maintaining a working environment that is free of offensive behavior and unlawful discrimination. Discrimination or harassment on the basis of an individual’s membership in a Protected Class is prohibited and will not be tolerated. This Policy applies to all employees, volunteers, members of boards and commissions, and elected officials. Offensive behavior includes but is not limited to intimidation, objectionable or threatening conduct, statements, epithets, slurs, graffiti, jokes, pranks, innuendos, anonymous notes, or any other conduct Respectful Workplace DRAFT that is critical, hostile, offensive, or in any way otherwise objectionable because of an individual’s membership in a Protected Class (“Offensive Behavior”). Sexual Harassment Sexual harassment is an Offensive Behavior prohibited under this Policy. “Sexual harassment” is generally defined under both state and federal law as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where: • Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of any individual’s employment or as a basis for employment decisions; or • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment: • Unwanted sexual advances, whether they involve physical touching or not; • Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comments about an individual’s body, or comments about an individual’s sexual activity; • Displaying sexually suggestive objects, or images; • Unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or insulting comments; • Inquiries into one’s sexual experiences; or • Discussion of one’s sexual activities. How to Report Violations of this Policy Employees who have observed or believe that others are being subjected to any form of Offensive Behavior, discrimination, or retaliation, by another employee of the City or by a non-employee should immediately report such conduct to Human Resources or their immediate supervisor. The employee should submit this report in writing with sufficient detail for Human Resources to determine whether a policy was violated. Any supervisor who experiences, witnesses, or receives a written or oral complaint of Offensive Behavior, discrimination or related retaliation must immediately report it to Human Resources. Reports of violations of this policy will be promptly and carefully investigated. The Human Resources Director may involve the City’s legal counsel in the investigation. If the City determines that harassment, discrimination, or retaliation in violation of this policy occurred, the City may take disciplinary action, up to and including termination of employment, against the offending employee. The City will treat complaints of harassment and the results of any investigation as confidential to the extent possible within the context of the investigation. Complete confidentiality cannot be guaranteed, as revelation of some reported information might be necessary for a complete investigation. Although the City cannot control the actions of non-employees, employees are strongly encouraged to report any behavior by such individuals that violates this policy. The City will make every effort to investigate such complaints and will attempt to put an end to any conduct that we conclude violates this policy. Respectful Workplace DRAFT Elected Officials: Individuals who wish to report a councilmember for violations of this policy should make their report to the City Manager, who will refer the matter to the City Attorney for investigation. The City Attorney will report the outcome of the investigation to the City Council, which will take the action it deems appropriate. Pending completion of the investigation, the City Manager may take appropriate action to protect the alleged victim, other employees, or citizens. If an elected or appointed city official (e.g., council member or commission member) is the victim of a violation of this policy, the City Attorney will be consulted as to the appropriate course of action. Disclaimer: The City is not voluntarily engaging in a dispute resolution process, as that term is defined in state statute, by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation by the City does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Minnesota Department of Human Rights. No Retaliation The City will not retaliate against any employee for making a good-faith complaint of harassment or discrimination under this policy or participating in an investigation of a complaint made under this policy. Employees who feel they have been retaliated against for reporting a violation of this policy in good faith, or for participating in an investigation of conduct under this policy, should immediately report their concern to Human Resources or their supervisor. Resolution 17-85 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDMENT TO EMPLOYEE HANDBOOK WHEREAS, a completely revised Employee Handbook was adopted by Resolution 11-81 on December 20, 2011 and dated January 1, 2012; amended by Resolution 12-24 on March 20, 2012; amended by Resolution 12-100 on December 18, 2012; amended by Resolution 13-65 on July 16, 2013; and amended by Resolution 17-19 on April 20, 2017; and WHEREAS, the Employee Handbook has been significantly revised to include updated policies and procedures, complying with state and federal laws, and updated language to reflect advice of legal counsel in a manner that involves providing employees with a completely new handbook; and WHEREAS, the above-referenced amendments will become effective as of January 1, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the “City of Golden Valley Employee Handbook” dated May 1, 2017 is hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 4. A. Public Hearing For Use of Body-Worn Camera Program Prepared By Jason Sturgis, Chief of Police Summary Staff developed a test program and for the past several months has been testing three different body-worn camera systems and has written a test policy for their use. The test program was conducted with six different officers, each spending time with the three body-worn cameras. Squad video systems were also tested for compatibility with the body worn cameras for use of same in car camera system. We have consulted with the Golden Valley Information Technology department throughout the testing phase as they are instrumental in implementing the selected system and ongoing maintenance. Other partners consulted in this process include the Hennepin County Attorney’s Office and Chestnut Cambronne law office to ensure we are able to provide them with collected video evidence for prosecution. After testing, we have concluded that the Body Worn Camera and In-car camera system produced by Watch Guard best fits with all of the criteria that we established at the beginning of our pilot program. The criteria was: 1. Ease of use 2. Video Quality 3. Audio Quality 4. Case Management/Software 4. Compatibility with in squad cameras 5. Battery Life 6. Storage In 2016, the City Council amended the 2016 General Fund Budget and transferred $210,000 to the Equipment Replacement Fund for the purchase of body worn cameras, dash cameras, and video storage. Public Comment is a requirement for local law enforcement agencies before it purchases or implements a portable recording system. Attachment • Resolution accepting Public Comment For Body Worn Camera Program (1 page) Recommended Action Motion to adopt Resolution accepting Public Comment for Body Worn Camera Program. Resolution 17-86 December 19 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PUBLIC COMMENT FOR BODY WORN CAMERA PROGRAM WHEREAS, in 2016, the City dedicated $210,000 for body worn cameras and hardware for storage; and WHEREAS, in 2016 and 2017, staff tested body worn camera systems, wrote policies for use of equipment; and WHEREAS, on October 16, 2017, placed an online survey on the city’s website for three weeks; and WHEREAS, on December 7, 2017, held an open house for public comment at the police department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, held a public hearing for comment before it purchases or implements a portable recording system. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 6. A. Professional Service Contract for Body-Worn Cameras Prepared By Jason Sturgis, Chief of Police Summary At the December 20, 2016, Council meeting, $210,000 was approved and transferred from the General Fund to the Equipment Replacement Fund to purchase body worn cameras. During the test program, staff decided that WatchGuard was the best system for their department for the body-worn cameras. The first phase is to purchase the in-car camera system with body- worn cameras and to work with the company to install the system in squads and transition from the City’s current video equipment. WatchGuard will provide professional service to make sure all of the systems are compatible and will assist with the training for City’s IT Department and select police staff. This is the first part of the program. Additional born-worn cameras will purchased along with a server and data storage system. Recommended Action Motion to approve professional service contract with WatchGuard for In-Car Bundle, Body-Worn Cameras and Interview System for $91,484. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 6. B. Authorize Contract for Custodial Services for Brookview, Golf Maintenance & Park Shelter Prepared By Marc Nevinski, Physical Development Director Summary The City’s contract for professional cleaning services with North American Cleaning expires December 31, 2017. This contract provides for cleaning services at the City facilities including Brookview, the Golf Maintenance Building and Park Shelters. Brookview offices and common areas, as well as the Golf Maintenance Building, will be cleaned on a regular schedule with an established annual cost of $42,612. Banquet rooms at Brookview as well as several park shelters will be cleaned on an as-needed basis, generally following rental of the facilities. Rates for these cleanings range from $50 to $130 per cleaning. Staff invited vendors to view the buildings at Brookview, the Golf Maintenance Building, and Park Shelters. Seven Request for Proposals (RFP) were received and Staff found Perfection Plus, Inc. to be reasonable and appropriate. Staff contacted references for Perfection Plus, Inc. including Met Council, Anoka County Human Services Center and Cambria/Sun Country Airlines. All references are satisfied with the cleaning services received. $170,000 has been budgeted in 2018-20019 for cleaning services, including custodial services. Attachments • Request for Proposal Tabulation Sheet (1 page) Recommended Action Motion to authorize a contract for 2018 Cleaning Contract to Perfection Plus, Inc., in the amount of $42,612 per year plus as-needed cleanings for banquet rooms and park shelters. COMPANY CAMPUS BROOKVIEW Banquet Shelter 200 Shelter 300/401 Schaper Perfection Plus 80,652$ 42,612$ 130$ 65$ 65$ 50$ Vanguard 92,400$ 48,885$ 140$ 55$ 35$ 45$ Leone's Building Se 166,673$ 51,583$ 128$ 90$ 121$ 101$ Jan-Pro 81,240$ na na na na na Coverall 136,416$ 45,768$ $30 per room 35$ 35$ 50$ JaniKing 63,433$ 58,462$ 225$ 125$ 125$ 125$ Treasure Enterprise 67,956$ 21,552$ 200$ 15$ 15$ 15$ 2018 CUSTODIAL SERVICES Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 6. C. Authorize Contract for Custodial Services for City Hall Campus Prepared By Marc Nevinski, Physical Development Director Summary The City’s contract for professional cleaning services with North American Cleaning expires December 31, 2017. This contract provides for cleaning services at the City facilities including City Hall, Public Safety, Public Works Maintenance Buildings and fire stations. Staff invited vendors to view the buildings at City Hall, Public Safety, Public Works Maintenance Buildings and fire stations. Seven Requests for Proposals (RFP) were received and Staff found Jani-King Cleaning Services to be reasonable and appropriate. Staff contacted references for Jani- King Cleaning Services, including the City of Robbinsdale, the City of Richfield, and the City of Lino Lakes. All references are satisfied with the cleaning services received. $170,000 has been budgeted in 2018-2019 for cleaning services, including custodial services. Attachments • Request for Proposal Tabulation Sheet (1 page) Recommended Action Motion to authorize a contract for 2018-2019 Cleaning Contract to Jani-King Cleaning Services in the amount of $63,433.30 per year. COMPANY CAMPUS BROOKVIEW Banquet Shelter 200 Shelter 300/401 Schaper Perfection Plus 80,652$ 42,612$ 130$ 65$ 65$ 50$ Vanguard 92,400$ 48,885$ 140$ 55$ 35$ 45$ Leone's Building Se 166,673$ 51,583$ 128$ 90$ 121$ 101$ Jan-Pro 81,240$ na na na na na Coverall 136,416$ 45,768$ $30 per room 35$ 35$ 50$ JaniKing 63,433$ 58,462$ 225$ 125$ 125$ 125$ Treasure Enterprise 67,956$ 21,552$ 200$ 15$ 15$ 15$ 2018 CUSTODIAL SERVICES Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 6. D. 2018 - Trunk Highway 100 Pedestrian Bridge Maintenance Project: 1. Authorize Joint Powers Agreement with City of Crystal 2. Approve Agreement with SEH for Professional Services Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, Engineer Summary In the 2018-2022 CIP, the City of Golden Valley had budgeted to repaint the railings along the Trunk Highway 100 (TH 100) pedestrian bridge that carries the Three Rivers Park District Bassett Creek Regional Trail over TH 100 near Dawnview Terrace. The bridge is jointly owned by the Cities of Crystal and Golden Valley. Discussions in early 2017 resulted in Three Rivers Park District agreeing to take over ownership and maintenance of the bridge from Golden Valley and Crystal, as the bridge connects their trail. An agreement with Three Rivers Park District will be forthcoming in 2018 for ownership and maintenance. In order to shift the maintenance and ownership of the bridge to Three Rivers Park District, minor aesthetic maintenance repairs need to be completed. The Cities worked with Three Rivers to determine a scope for the project which includes railing repainting, joint and crack sealing, and miscellaneous drainage work. Golden Valley took the lead on the project and consulted with Short Elliott Hendrickson, Inc. (SEH) for professional services. The professional services include initial bridge inspection, meetings and coordination between Three Rivers, Crystal, Golden Valley, and the Minnesota Department of Transportation (MNDOT), preparation of construction plans and specifications, assistance in project bidding, and project closeout. The cost associated with the professional services is not to exceed $21,400 and the City of Crystal has agreed to fund 50% of these services with SEH as well as the construction of the repairs, as outlined in the Trunk Highway 100 Pedestrian Bridge Maintenance Project Joint Powers Agreement between the City of Golden Valley and Crystal. Funding for this project is included in the 2018-2022 Capital Improvement Program for 2018 (S- 014, page 105) in the amount of $200,000, half of which is included from the City of Crystal. Attachments • Joint Powers Agreement between the Cities of Golden Valley and Crystal for Trunk Highway 100 Pedestrian Bridge Maintenance Project (6 pages) • Supplemental Agreement Letter from Jeff Johnson, Structural Project Manager, SEH dated November 15, 2017 (7 pages) • Resolution to Authorize Joint Powers Agreement between City of Golden Valley and City of Crystal for Trunk Highway 100 Pedestrian Bridge Maintenance Project (1 page) Recommended Action Motion to adopt Resolution authorizing entering into a Joint Powers Agreement with the City of Crystal for the TH 100 Pedestrian Bridge Repair Project. Motion to approve agreement with SEH for professional services on the TH 100 Pedestrian Bridge Repair Project in an amount not to exceed $21,400. 2017 — TRUNK HIGHWAY 100 PEDESTRIAN BRIDGE MAINTENACE PROJECT GOLDEN VALLEY - CRYSTAL JOINT POWERS AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into effective as of the day of , 2017, by and between the City of Golden Valley, a municipal corporation under the laws of the State of Minnesota ("Golden Valley"), and the City of Crystal, a municipal corporation under the laws of the State of Minnesota ("Crystal"), collectively referred to as the "Cities" and individually as a "City." WHEREAS, the Cities have been negotiating to bring about the aesthetic and functional improvement of the Trunk Highway 100 Pedestrian Bridge (the "Bridge") which is jointly owned and maintained by the Cities; and WHEREAS, the Bridge lies within the limits of the Cities and has common borders between Golden Valley and Crystal; and WHEREAS, the Cities desire to transfer ownership of the Bridge to Three Rivers Park District and Three Rivers Park District is willing to accept ownership as long as certain maintenance, repairs and improvements are first made to the Bridge (the "Work"); and WHEREAS, the scope of the Work has been negotiated between the Cities and is outlined in the proposal letter to Jeff Oliver, Golden Valley City Engineer from Short Elliot Hendrickson (SEH) dated November 15, 2017 for the TH 100 Pedestrian Bridge Repair Project (the "Scope of Work"); and WHEREAS, Crystal has reviewed and approved the Scope of Work and agreed to contribute half of the total cost of the Work; and WHEREAS, Golden Valley has agreed to administer and supervise the Work; NOW, THEREFORE, IT IS HEREBY AGREED: I. Bidding Golden Valley shall advertise for bids for the Project, shall receive and open bids pursuant to said advertisement and shall enter into one or more contracts with the successful bidder(s) (the "Contractor") at the unit prices specified in the selected bid(s). The contract(s) shall include the plans and specifications prepared by Golden Valley or its agents, which plans and specifications, as the same may be amended from time to time, are by this reference made a part of this Agreement. All contracts and bidding procedures shall comply with all legal requirements applicable to contracts let by a Minnesota city. II. Project Administration Golden Valley shall administer all aspects of the Project and shall inspect all completed work. The City Engineer of Crystal shall cooperate with the Golden Valley City Engineer and the Golden Valley City Engineer's staff upon request to aid in the administration of the Project but shall have no responsibility for the supervision of any of the Work. III. Additional Work Golden Valley may, in its sole discretion, make changes to the Scope of Work so long as all changes are reasonably necessary to complete the Work and are conceptually consistent with the original Scope of Work. Golden Valley may carry out the changes authorized by this paragraph by entering into change orders or supplemental agreements with the contractor(s) for the performance of any and all additional or new work it deems necessary, advantageous or desirable whether or not such additional or new work is contemplated by the original Scope of Work. IV. Construction Easements Crystal shall grant temporary construction easements to Golden Valley, at no cost to Golden Valley, over those lands owned by Crystal that are a part of the right-of- way required for the completion of the Work. V. Apportionment of Cost The total cost of the Work (the "Final Cost") shall be apportioned evenly between the Cities, with each City bearing 50% of the total cost of the Work. The Cities understand and agree that the Golden Valley City Engineer's preliminary cost estimate is an estimate only which shall be made available prior to bidding. The Final Cost shall be based on the unit prices set forth in the contract with the Contractor and the final quantities as measured by the Golden Valley City Engineer, which measurements shall govern in computing the Final Cost. VI. Payment Upon acceptance of the bid(s), Golden Valley shall provide Crystal an estimated construction cost based upon the contract prices and estimated quantities in the successful bid and all other costs required to complete the Work (the "Estimated Cost"). Within sixty (60) days after acceptance of the bid Crystal shall deposit with the Golden Valley Director of Finance ninety percent (90%) of Crystal's share of the Estimated Cost. All remaining amounts due from Crystal, including any amounts resulting from change orders or other changes or additions to the Work shall be paid to Golden Valley within 60 days of final completion of the Work. Upon completion of the Work, Golden Valley shall submit to Crystal a copy of the Golden Valley City Engineer's final cost report, which shall show each City's final share of the Final Cost. Upon payment by Golden Valley of the final amount due to the Contractor, any amount payed by Crystal above its agreed upon share of the Final Cost shall be returned to Crystal. VII. Record Drawings Golden Valley shall provide record drawings to Crystal within 90 days of Golden Valley's final payment to the contractor(s). All records kept by either City with respect to this Agreement shall, except to the extent protected by attorney client privilege, be subject to examination by the representatives of the other City. VIII. Traffic Control If detouring of traffic is necessary during the Work, the detour routes shall be mutually agreed upon by the Cities. Golden Valley shall ensure that the Contractor furnishes, installs and maintains all guide signs, regulatory signs and pavement markings. Golden Valley shall not be responsible for any damage caused by increased traffic on any municipal streets located in Crystal that arise out of or relate to the Work. IX. Cooperative Activity To the fullest extent permitted by law, all activities by the Cities under this Agreement are intended to be and shall be construed as a "cooperative activity," and it is the intent of the Cities that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subd. 1 a(a). For purposes of that statute, each City expressly declines responsibility for the acts or omissions of the other City. The Cities are not liable for the acts or omissions of the other City except to the extent they have agreed in writing to be responsible for the acts or omissions of the other City. X. Insurance & Indemnity The Cities shall carry policies of liability insurance in at least the amounts specified as the extent of their individual liability under Minn. Stat. § 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Cities. The liability limitations established in Minn. Stat. § 466.04 shall apply to undertakings pursuant to this Agreement. Each City agrees to defend, indemnify and hold harmless the other, their elected officials, officers, agents and employees from any liability, claims, demands, damages, personal injury, costs, judgments or expenses arising from the fault of its own actions in design, development, or supervision of the Work. Defense of any action or proceeding shall be at the expense of the indemnifying Party by counsel reasonably satisfactory to the indemnified Party. Neither City shall be required to pay to the other City any amount as indemnification under this Agreement, whether arising pursuant to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of liability applicable to the indemnifying City under Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. In those instances in which a City is directly liable for damages as well as for indemnification to the other City, the combined liability of the indemnifying City shall not exceed the limits of liability under Minnesota Statutes Chapter 466 or, in the event that Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance coverage available to the indemnifying City. XI. Employees; Worker's Compensation Any and all employees of each City and all other persons engaged by that City in the performance of the Work or any other work or services required or contemplated by this Agreement shall not be considered employees of the other City. Any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall in no way be the obligation or responsibility of the other City. XII. Discrimination The provisions of Minn. Stat. § 181.59 and of any applicable local ordinance relating to civil rights and discrimination shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF GOLDEN VALLEY CITY OF CRYSTAL By: By: Shepard M. Harris Jim Adams Its: Mayor Its: Mayor By: By: Timothy J. Cruikshank Anne Norris Its: Manager Its: Manager J _A SEH Building a Better World for All of Us` November 15, 2017 RE: City of Golden Valley, Minnesota Engineering Services for Bassett Creek Regional Trail over TH 100 Bridge Supplemental Agreement Letter SEH No. GOLDV 144293 Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Mr. Oliver: We are pleased to be able to provide proposal for the engineering services associated with providing construction documents for the maintenance repairs to the Bassett Creek Regional Trail Bridge No.27A71 over TH 100. It is our understanding that the cities of Golden Valley and Crystal intend to transfer ownership of this bridge to the Three River Park District and they have required that several maintenance items be completed before taking ownership and future maintenance responsibilities.A copy of the memo from Three Rivers Park District dated November 6,2017, attached as Exhibit A, lists the items to be included in these construction documents. Scope We will perform the following engineering tasks in delivering this project to the City of Golden Valley: 1. Review the maintenance items listed in the Three River Parks District memo dated November 6, 2017 2. Perform a site inspection of the bridge to ascertain the extent and quantity of the maintenance items. 3. Meet with the City of Golden Valley, Crystal and Three Rivers Park District staff to discuss the maintenance item extent and materials so that all parties have a clear understanding of how the items will be addressed in the construction documents 4. Coordinate with MnDOT for the construction activities that will be in or over their right-of-way and traffic on TH 100. 5. Design and detail construction plans, specifications and construction cost estimate for the bridge maintenance repairs as listed in the Three River Parks District memo dated November 6, 2017, attached as Exhibit A to this proposal. 6. Assist with questions during bidding. 7. Services during the construction phase will include review of shop drawings and material submittals, responding to contractor's requests for information (RFIs)and a final site visit and punch list. The City of Golden Valley will provide, among other things, a copy of the existing Bassett Creek Trail Bridge plans, apply for any required MnDOT permits, provide timely review comments and approvals during the development of the project and advertise and receive construction bids.The city will also coordinate a time Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-5196 SEH is 100%employee-owned I sehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8166 fax Jeff Oliver, PE November 15, 2017 Page 2 and demonstrate the function of the lights on the bridge to Three Rivers Park District staff as requested in their memo. Schedule We will deliver Items 1 through 5 in the scope above within three months of receiving acceptance of this proposal. Construction is anticipated to occur in the summer of 2018 at which time items 6 and 7 would be performed. Compensation These services would be performed on an hourly plus expense basis with a not-to-exceed limit of$21,400. If this is acceptable and sets forth your understanding of our agreement, please sign and return a copy of this letter to our office. We look forward to working with you, your staff and the community in providing this service. Thank you for the opportunity to continue to provide professional services to the City of Golden Valley. Sincerely, SHORT ELLIOTT HENDRICKSON INC. -1C -�� r1 Jeff A. Johnson, PE Structural Project Manager cAprojects\golden valley\bassett ck tr br 27a71 over th 100lstructural services agreement letter-bassett ck trail bridge over th 100.docx Approved this day of 2017 City of Golden Valley, Minnesota By Title Exhibit A ThreeRivers PARK DISTRICT memo Date: November 6, 2017 To: Mark Ray, City of Crystal RJ Kalach, City of Golden Valley From: Josh Bowe Subject: Bassett Creek Regional Trail, TH 100 Bridge An evaluation of the Bassett Creek Regional Trail Bridge over TH 100 (Bridge No. 27A71) was held on Wednesday, October 25, 2017 with Mark Ray, City of Crystal, RJ Kalach, City of Golden Valley, Josh Bowe, Three Rivers Park District, Stephen Shurson, Three Rivers Park District, and Joe Mueller, TKDA to determine what maintenance items need to be completed prior to Three Rivers Park District (TRPD) taking over ownership and maintenance responsibilities of the bridge. Maintenance items include: • Repaint bridge railing. TRPD will submit color recommendation. Re-caulk the pole bases where the railings were removed and replaced. • Install riprap to cover the exposed bridge column footing on east side of TH 100. • Reseal two expansion joints on east bridge approach panel. • Remove two bolts from the bridge railing at the east and west bridge expansion joints. It appears the bolts do not allow the bridge to expand. • Seal the cracks on the bridge curb. • Flush the bridge drains. • Remove vegetation adjacent to the bridge west of TH 100. • Extend the storm drain under the east side of the bridge away from the column. • Verify the bridge lights are operable. Coordinate a time with TRPD to turn the lights on. • Provide as-built drawings Please contact Josh Bowe at 763.694.2063 or josh.boweCabthreeriversparks ora with questions and when maintenance items observed have been completed. Attachments: Photos 3000 Xenium Lane North, Plymouth, MN 55441-1299 Phone: 763.559.9000 Exl2osed column footing x — � ^� . . Unsealed . ., . . on east bridge app ,: 2 - \/ ` 2 . 7'hreeRivers PARK DISTRICT f �E 3 r v r p I Railing bolts preventing bridge from expanding e 3000 Xenium Lane North, Plymouth, MN 55441-1299 Phone: 763.559.9000 F Y -Ut - IF 9 pk RNZ V r a .41 4 - AreeRivers PARK DISTRICT Cracks on bridge curb a Do w nspout pipe extension hj 3000 Xenium Lane North, Plymouth, MN 55441-1299 Phone: 763.559.9000 Resolution 17-87 December 19, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE JOINT POWERS AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND THE CITY OF CRYSTAL FOR TRUNK HIGHWAY 100 PEDESTRIAN BRIDGE MAINTENANCE PROJECT WHEREAS, the Bridge lies within the limits of the Cities and has common borders between Golden Valley and Crystal; and WHEREAS, the Cities have been negotiating to bring about the aesthetic and functional improvement of the Trunk Highway 100 Pedestrian Bridge (the “Bridge”) which is jointly owned and maintained by the Cities; and WHEREAS, the Cities desire to transfer ownership of the Bridge to Three Rivers Park District and Three Rivers Park District is willing to accept ownership as long as certain maintenance, repairs and improvements are first made to the Bridge (the “Work”); and WHEREAS, the scope of the Work has been negotiated between the Cities and is outlined in the proposal letter to Jeff Oliver, Golden Valley City Engineer from Short Elliot Hendrickson (SEH) dated November 15, 2017 for the TH 100 Pedestrian Bridge Repair Project (the “Scope of Work”); and WHEREAS, Golden Valley has agreed to administer and supervise the Work; and WHEREAS, Crystal has reviewed and approved the Scope of Work and agreed to contribute half of the total cost of the Work. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley that the City Manager and/or designee be authorized the Joint Powers Agreement with the City of Crystal title “2017 TRUNK HIGHWAY 100 PEDESTRIAN BRIDGE MAINTENACE PROJECT”. __________________________ Shepard M. Harris, Mayor ATTEST: _________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 6. E. Second Consideration of Ordinance #628 Amending Xcel Franchise Fee and Ordinance #629 Amending the CenterPoint Franchise Fee Prepared By Timothy Cruikshank, City Manager Summary The second consideration of the franchise fee amendment will be presented at this meeting. The first consideration was held at the December 5, 2017, Council meeting. The City has collected franchise fees from both Xcel Energy, since 2011, and CenterPoint Energy, since 2013, for infrastructure improvements. The franchise fees collected to date have paid for the Douglas Drive Improvements. The City has evaluated the need and plan for future infrastructure improvements, and the existing franchise fees will need to be increased, along with financing from utility funds, assessments, and additional tax levies, to finance those improvements. The Infrastructure Renewal Plan (IRP) has been presented many times to Council and various groups along with communication such as newsletter articles, cable television spots, and news feeds to the public. The increase in franchise fees will collect an estimated $1,049,364 for infrastructure improvements. Staff recommends the following increases to the franchise fees: Xcel Energy Electric Franchise Fee Schedule EXHIBIT A: Class Fee Per Meter, Monthly Residential $ 6.00 (previously $2.00) Small Commercial & Industrial - Non-Demand $ 6.00 (previously $2.00) Small Commercial & Industrial - Demand $ 30.00 (previously $22.50) Large Commercial & Industrial $258.00 (previously $206.00) The following language will be deleted in Section 9.4 so that the rates for Xcel do not have to increase proportionately. CenterPoint Energy Gas Franchise Fee Schedule: Fee Per Meter (Monthly) Residential: Single family homes, duplex, triplex, and quads, individually metered apartment units in larger complexes $6.00 (previously $2.00) Firm A: Less than 1,500 therms annual usage $7.50 (previously $3.50) Firm B: Greater than 1,500 and less than 5,000 therms annual usage $30.00 (previously $22.50) Firm C: Greater than 5,000 therms annual usage $30.00 (previously $22.50) Dual Fuel A: Less than 120,000 therms annual usage $258.00 (previously $206.00) Dual Fuel B: Greater than 120,000 therms annual usage $258.00 (previously $206.00) LV Dual Fuel: Greater than 2,000 therms per day $258.00 (previously $206.00) As presented at the December 5, 2017, Council meeting, the following schedule provides for a timeline for implementation of the proposed ordinances: Ordinance is presented at a Council meeting for the first consideration December 5, 2017 Ordinance and a summary ordinance presented at a Council meeting for the second consideration and adoption December 19, 2017 Ordinance published in the SunPost December 28, 2017 Xcel/CenterPoint has 60 days to formally accept the franchise fee Xcel/CenterPoint begins collecting the franchise fee from rate payers April 1, 2018 Attachments • Ordinance #628, Amending Ordinance No. 493, 2nd Series Relating to the Franchise Fee Associated with the Grant to Northern States Power Company, D/B/A Xcel Energy, a Minnesota Corporation, Its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Golden Valley, Minnesota, an Electric Distribution System and Transmission Lines, including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others, and to use the Public Ways and Public Grounds of the City for Such Purposes (4 pages) • Ordinance #629, Amending and Restating Ordinance No. 492, 2nd Series Relating to the Gas Energy Franchise Fee on CenterPoint Energy Minnesota Gas for providing Gas Energy Service within the City of Golden Valley, Minnesota (3 pages) Recommended Action Motion to adopt second consideration Ordinance No. 628, amending an Electric Franchise Fee from Northern States Power, dba Xcel Energy, for Providing Electric Service within the City of Golden Valley. Motion to adopt second consideration Ordinance No. 629, amending a Gas Energy Franchise Fee from CenterPoint Energy Minnesota, for Providing Gas Energy Service within the City of Golden Valley. ORDINANCE NO. 628 CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 493, 2ND SERIES RELATING TO THE FRANCHISE FEE ASSOCIATED WITH THE GRANT TO NORTHERN STATES POWER COMPANY, D/B/A XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF GOLDEN VALLEY, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES The City Council of the City of Golden Valley, Hennepin County, Minnesota, ordains as follows: Section 1. The City Council hereby amends Section 9 and Exhibit A of Ordinance No. 493, 2nd Series by amending and restating Ordinance 628, 2nd Series Ordinance 493, 2nd Series and Ordinance 628, 2nd Series in their entirety as follows: SECTION 9. FRANCHISE FEE. 9.1 Purpose. In order to defray costs of infrastructure projects in the City, the City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services with the City of Golden Valley pursuant to the other provisions of Ordinance No. 493, 2nd Series including this Section 9. If the City wishes to further modify the franchise agreement or the franchise fees discussed in Ordinance No. 493, 2nd Series, and this Section 9, the City shall notify Company in writing of such intent. Promptly thereafter City and Company shall negotiate in good faith mutually acceptable terms, conditions and amount of such fee. If City and Company are unable to agree on any term or condition of the fee, all disputes shall be resolved pursuant to Section 2.5 of Ordinance No. 493, 2nd Series. The parties do not waive hereby, any rights they have under law. Any changes to the franchise fee must be made by ordinance. 9.2 Franchise Fee Statement. Ordinance No. 493, 2nd Series and this Ordinance set forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. 9.3 Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the schedule attached as Exhibit A. This is an account- based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. Ordinance No. 628 -2- December 19, 2017 In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the City will control. 9.4 Periodic Fee Adjustment. City has estimated that the franchise fee will provide the City with approximately $1,278,576 (previously $689,202) in annual revenue ("Estimate"). If actual revenue collected fails to meet or exceeds this Estimate for any reason, or if the City reasonably determines that the Estimate is not sufficient to meet designated infrastructure costs, upon notice to the Company, the City may increase or decrease the fee from time to time to achieve the revenue necessary to cover such costs; provided, however, that any such change shall maintain the same flat fee proportion among customer classifications and shall not exceed five percent (5%) of the gross revenue received by Company from the sale of electricity to retail customers within the corporate limits of the City. The fee may not be changed more often than annually. This right of Periodic Fee Adjustment relates to revenues sufficient to meet designated infrastructure costs and does not relate to any additional franchise fee or fee for another public purpose as allowed by law that the City may seek to impose. In that event, the City and Company shall employ Section 9 of City Ordinance No. 493, 2nd Series to establish such fee pursuant to a separate ordinance. 9.5 Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company may surcharge its customers in the City the amount of the fee. 9.6 Right of Way Permit Fees Waiver. Beginning the date the Company begins collecting franchise fees from customers in the City until the City gives notice to Company of City’s desire to impose both franchise fees and require permit fees pursuant to chapter 7 of the City Code (“Permit Fees”), City waives any and all Permit Fees the City would otherwise have the right to impose on Company. If the City intends to require both Permit Fees and franchise fees from the Company, the City shall give the Company sixty (60) days written notice of such intent before charging Permit Fees. Company does not hereby waive its right to object to a City withdrawal of this waiver of Permit Fees, and reserves all rights under law. Notwithstanding the above Permit Fee waiver, Company shall remain subject to all other requirements of chapter 7 of the City Code not superseded by the specific terms of Ordinance 493, 2nd Series and this Ordinance. 9.7 Record Support for Payment. Company shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Ordinance No. 628 -3- December 19, 2017 9.8 Enforcement. Any dispute, including enforcement of a default of Ordinance No.493, 2nd Series, including this amended Section 9 will be resolved in accordance with Section 2.5 of Ordinance No. 493, 2nd Series. 9.9 Effective Date of Franchise Fee. Notwithstanding the effective date of this Ordinance and notwithstanding any contrary provisions in the franchise, the effective date of the fee collected under this Ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted Ordinance upon Company by certified mail. Fee collection under this Ordinance will commence in accordance with the terms set forth in this Section. 9.10 City Use of Franchise Fees Collected by the Company. The City shall use the fees collected by Company only for infrastructure costs and for no other purpose. For purposes of Ordinance No. 493, 2nd Series, including this Section 9, infrastructure costs shall include City expenditures, including those financed by bonds, for any and all design and construction, including all associated project administration, legal, and related costs, maintenance, repair, improvement to, relocation of, or replacement of facilities, including City or privately-owned utility facilities for which customers in the City would otherwise be required to pay; and acquisition or improvement of rights-of-way or other public ground. Ordinance No. 628 -4- December 19, 2017 EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter, Monthly Residential $6.00 (previously $2.00) Small Commercial & Industrial - Non-Demand $6.00 (previously $2.00) Small Commercial & Industrial - Demand $30.00 (previously $22.50) Large Commercial & Industrial $258.00 (previously $206.00) SUBJECT TO SECTIONS 9.2 AND 9.4 OF THIS ORDINANCE 392, 2ND SERIES, FRANCHISE FEES ARE TO BE COLLECTED BY THE COMPANY IN THE AMOUNTS SET FORTH IN THE ABOVE SCHEDULE, AND SUBMITTED TO THE CITY ON A QUARTERLY BASIS AS FOLLOWS: January - March collections due by April 30 April - June collections due by July 31 July - September collections due by October 31 October - December collections due by January 31 Section 2. Except as modified by this Ordinance, the City reaffirms the provisions of Ordinance 493, 2nd Series. Section 3. Terms not defined in this Ordinance shall be defined as set forth in Ordinance 493, 2nd Series. Section 4. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of December, 2017. /s/Shepard M. Harris, Mayor Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk ORDINANCE NO. 629 GAS FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 492, 2ND SERIES RELATING TO THE GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”) FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF GOLDEN VALLEY, MINNESOTA The City Council for the City of Golden Valley hereby amends Ordinance No. 492, 2nd Series, by completely amending and restating Ordinance No. 629, 2nd Series as follows: Section 1. Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: Franchise Agreement. The franchise agreement between the City and Company pursuant to City Ordinance No.492, 2nd Series amended by City Ordinance No. 629, 2nd Series. Notice. “Notice” means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Vice President Regional Operations, 505 Nicollet Mall, Minneapolis, MN 55402. Notice to City shall be mailed to the City Clerk at 7800 Golden Valley Road, Golden Valley, MN 55427. Section 2. Adoption of Franchise Fee. 2.1 Purpose. The City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. 2.2 Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the April, 2018 monthly billing, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential: Single family homes, duplex, triplex and quads, individually metered apartment units in larger complexes $6.00 per month (previously $2.00) Firm A: Less than 1,500 therms annual usage $7.50 per month (previously $3.50) Firm B: Greater than 1,500 and less than 5,000 therms annual usage $30.00 per month (previously $22.50) Firm C: Greater than 5,000 therms annual usage $30.00 per month (previously $22.50) Ordinance No. 629 -2- December 19, 2017 Customer Classification Amount per Account per Month ($) Dual Fuel A: Less than 120,000 therms annual usage $ 258.00 per month (previously $206.00) Dual Fuel B: Greater than 120,000 therms annual usage $ 258.00 per month (previously $206.00) LV Dual Fuel: Greater than 2,000 therms per day $ 258.00 per month (previously $206.00) 2.3 Account Fee. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. 2.4 Payment. Franchise fees are to be collected by the Company, consistent with the Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970, and submitted to the City as follows: January - March collections due by April 30. April - June collections due by July 31. July - September collections due by October 31. October - December collections due by January 31. 2.5 Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, access to the Company’s records for the purpose of verifying such statements. 2.6 Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts. 2.7 Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates to reimburse the Company for the cost of the fee, consistent with the Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. 2.8 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days Ordinance No. 629 -3- December 19, 2017 after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. 2.9 Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days or more after sending written notice enclosing a copy of this adopted Ordinance to Company by certified mail. Collection of the fee shall commence as provided above. 2.10 Relation to Franchise Agreement. This ordinance is enacted in compliance with the Franchise Agreement and shall be interpreted as such. 2.11 Periodic Review. The City Council shall review this ordinance every two years in whatever manner the City Manager then determines to be appropriate, including, but no limited to, review by the City Council in either a work session or a regular session. Failure to review this ordinance shall not in any way invalidate or limit it. 2.12 Permit Fees. The Company will administer the collection and payment of franchise fees to the City in lieu of permit fees, or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City so long as the following requirements are met: (1) The Company applies for any and all permits, licenses and similar documentation as through this provision did not exist. (2) The Company requests the fee to be waived at the time of application. Section 3. Except as modified by this Ordinance, the City reaffirms the provisions of Ordinance 492, 2nd Series. Section 4. Terms not defined in this Ordinance shall be defined as set forth in Ordinance 492, 2nd Series and Ordinance 629, 2nd Series. Section 5. Effective Date. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of December, 2017. /s/Shepard M. Harris, Mayor Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 6. F. Set 2018 Meeting Dates Prepared By Judy Nally, Administrative Assistant Summary The City Council meets the first and third Tuesday of each month. The Council/Manager meetings are held on the second Tuesday of each month. Each year the City Council reviews the calendar and sets meeting dates if there are any conflicts. Listed below are the meeting dates that need to be set: City Council Meeting: February 6 - Precinct Caucus August 7 - Night to Unite September 18 - Yom Kippur November 6 - General Election Council/Manager Meeting: August 14 - Primary Election September 11 - Rosh Hashanah Recommended Action Motion to reset the following City Council meeting dates: February 6 to Wednesday, February 7 August 7 to Wednesday, August 8 September 18 to Thursday, September 20 November 6 to Wednesday, November 7 Motion to reset the following Council/Manager meeting dates: August 14 to Wednesday, August 15 September 11 to Wednesday, September 12 Executive Summary For Action Golden Valley City Council Meeting December 19, 2017 Agenda Item 6. G. Approval of 2018 Legislative Priorities Prepared By Timothy Cruikshank, City Manager Summary Council reviewed the 2018 Legislative Priorities at the December 12 Council Manager Meeting. Once approved, Council will distribute the booklet at the Legislative Breakfast scheduled for January 27, 2018, at 9:30 am. Attachments • City of Golden Valley 2017 Legislative Priorities (5 pages) Recommended Action Motion to approve the City of Golden Valley 2018 Legislative Priorities. DRAFT DRAFT Table Of Contents 1. Medicine Lake Rd/Winnetka Ave Regional Flood Mitigation Through DNR Flood Damage Reduction Program ..........................3 2. Public Safety Improvements At Douglas Drive/Hwy 55 Intersection .................................................4 3. Infrastructure .......................................................................................5 4. Modify Fiscal Disparities Formula .....................................................6 5. Transportation a. Establish A Sustainable Formula For Increased Transportation And Transit Funding .............................................7 b. METRO Blue Line Extension (LRT)Funds .................................8 c. Highway 169 Improvement: Planning From I-394 To Medicine Lake Rd .................................................9 d. Bus Rapid Transit on Hwy 55 ........................................................10 6. Metropolitan Council Inflow/Infiltration Grants— Public And Private Improvements .....................................................11 7. Oppose Levy Limits ............................................................................12 8. Affordable Housing And Workforce Housing ...................................13 9. Support Tax Incentives For Community Reinvestment ..................14 Appendix 1 ...............................................................................................16 Appendix 2 ...............................................................................................18 Appendix 4 ...............................................................................................20 Appendix 6 ...............................................................................................22 7800 Golden Valley Road, Golden Valley, MN 55427 763-593-8006 Page 1 These priorities are supported by the Golden Valley City Council, along with Metro Cities, League of Minnesota Cities, and Regional Council of Mayors policies, and may be used by local officials and staff to advocate for during the Legislative session. DRAFT DRAFT Page 8 City of Golden Valley 2017 Legislative Priorities 5b. METRO Blue Line Extension (LRT) Issue The METRO Blue Line (Bottineau) LRT is planned to enter Golden Valley along the Burlington Northern Santa Fe (BNSF) Railroad corridor in the south and travel adjacent to the parkland, residential, and institutional areas on the east side of Golden Valley. Municipal Consent was reached for all cities along the corridor in early 2016. In addition, the Metropolitan Council approved the final scope and cost estimate for the project in July. The Station Area Planning process for two station locations in Golden Valley was completed in 2015. The Final Environmental Impact Statement for the project was published in 2016 and identified all environmental impacts associated with the line and proposed mitigation measures. Engineering issues surrounding the proposed stations, located at the LRT’s intersection with Plymouth Ave and Golden Valley Rd, will continue to be identified in the next phase of work. 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 METRO Blue Line Extension LRT. Additional funding for future study and community outreach efforts is necessary to ensure that the project moves forward. The METRO Blue Line Extension 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 many 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. City Position The City of Golden Valley urges support of light rail transit and bus rapid transit options the METRO Blue Line Extension (LRT) project in the form of : • and seeks funding to enhance study and community outreach efforts for issues surrounding the development of the Bottineau LRT. • statements and actions by the Administration which promote the project and advocate for the full funding grant agreement. • The application of the same liability limits for METRO Blue Line Extension (LRT) afforded other similar LRT lines in MN Statutes 473.4052 Subd 4. DRAFT DRAFT 7800 Golden Valley Road, Golden Valley, MN 55427 763-593-8006 Page 9 5c. US Highway 169 Improvement : Planning From I-394 To Medicine Lake Rd 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 Robbinsdale 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 staff to define needed transportation improvements along the US Highway 169 corridor and to identify potential funding sources. City Position The City of Golden Valley supports funding for the Hwy Highway 169 Improvement Improvements Planning to achieve capacity and safety improvements on Hwy 169 from south of I-394 to north of Medicine Lake Rd. DRAFT DRAFT 7800 Golden Valley Road, Golden Valley, MN 55427 763-593-8006 Page 10 5d. Bus Rapid Transit on Highway 55 Issue The Highway 169 Mobility Study and other recent studies have demonstrated that the Highway 55 corridor has strong potential for future Highway Arterial Bus Rapid Transit (BRT) service. How- ever, both the capital and operations funding needed to implement BRT and associated local bus improvements are currently unidentified and unfunded in any regional plans. Frequent, high-quality transit service would provide significant access to jobs, as Golden Valley has several major employment centers in the corridor. The City’s draft 2040 Comprehensive Plan supports opportunities for redevelopment. The Plan includes denser, high-activity land uses that support transit use on the Highway 55 corridor. In 2017, the Golden Valley City Council adopted a resolution supporting future bus rapid transit (BRT) service on Highway 169 and Highway 55 in ac- cordance with the Highway 169 Mobility Study. The City is committed to positioning this corridor as a priority for future transitway investments. City Position The City of Golden Valley supports planning, design, and funding prioritization for arterial bus rapid transit service on the Highway 55 corridor. DRAFT DRAFT Page 13 City of Golden Valley 2017 Legislative Priorities 8. Affordable Housing And Workforce Housing Issue Cities must ensure they provide a full range of housing choices within the community. As cities, businesses, and the overall economy within the Minneapolis–St Paul region continues to grow, the need for housing available to those with low and moderate incomes also grows. Failure to expand housing options will impact the region’s ability to attract talent, grow its economy, and reinvest in itself. The City of Golden Valley is committed to doing its part to address the need to preserve and increase housing options for low- and moderate-income earners. The City has participated in the development of new affordable housing and the rehabilitation of existing housing. The City also is engaged in discussions through the Regional Council of Mayors around collective and individual City actions to increase housing options. Currently, as part of its Comprehensive Plan update, the City is gathering housing data, investigating housing preservation and development tools, and will set forth housing policies and goals in its plan. While a number of policy and financial tools exist to support both the preservation of naturally occurring affordable housing and construction of new affordable housing, refinement and expan- sion of these tools is critical to address our region’s housing needs. Examples of areas where State policies can further promote the investment in affordable housing include: • modifying TIF statutes to clearly enable pooling of TIF revenue for affordable housing • establishing a statewide notification requirement for rental properties prior to ownership transfer • increasing funding for the State’s rental rehab loan fund for naturally occurring affordable housing and including use of the fund in the metro region • enhancing State programs, policies, and funding allocations to promote and finance the pres- ervation and construction of affordable housing, particularly for assisted, senior, and transi- tional housing • creating incentives for property owners to participate in the Section 8 Housing Choice Voucher Program to increase housing options for low and moderate income earners City Position The City of Golden Valley supports additional tools for local communities to develop and preserve affordable and workforce housing.