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08-08-18 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Wednesday, August 8, 2018 6:30 pm 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call C. Presentation - Proclamation for 50th Anniversary of 92 KQRS Classic Rock Station 3-4 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 - May 8, 2018 5-6 City Council Meeting - July 17, 2018 7-10 B. Approval of City Check Register 11 C. Licenses: 1. Temporary On-Sale Liquor License - Chester Bird American Legion Car Show 12 2. Temporary On-Sale Liquor License - PRISM 13 3. Gambling License Exemption & Waiver of Notice Requirement - PRISM 14-16 4. Gambling License Exemption & Waiver of Notice Requirement - Mount Olivet Careview Home 17-19 D. Minutes of Boards and Commissions: 1. Planning Commission - July 9, 2018 20-24 2. Board of Zoning Appeals - June 26, 2018 25-26 3. Environmental Commission - June 25, 2018 27 4. Human Rights Commission - May 22, 2018 28-30 5. Human Services Fund - June 11, 2018 31 6. Open Space & Recreation Commission - June 22, 2018 32-33 7. Bassett Creek Watershed Management Commission - June 21, 2018 34-41 E. Bids and Quotes: 1. Approve Purchase of Galaxy HRE Modules for Water Meter Reading System Upgrade 42-44 F. Receipt of June Financial Reports 45-58 G. Approval of Letter of Support for Interim Bus Service along Highway 169 59-60 H. Accept Resignation from the Board of Zoning Appeals 61 4. PUBLIC HEARINGS 5. OLD BUSINESS Page 2 August 8, 2018 6. NEW BUSINESS All Ordinances listed under this heading are eligible for public input. A. Second Consideration - Ordinance #642 - Addition of 6.27: Protection of Tenants in Affordable Housing 62-72 B. Second Consideration - Ordinance #643 - Amendment to Section: 257: Human Services Fund City 73-76 C. Acceptance of Donation of Peace Pole and Receive and File Public Comments 18-47 77-83 D. Approve Ronald B. Davis Community Center Joint Powers Agreement and Termination Agreement 84-96 E. Review of Council Calendar F. Mayor and Council Communications 7. ADJOURNMENT Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 1. C. Presentation - Proclamation for the 50th Anniversary KQRS Prepared By Tim Cruikshank, City Manager Summary 92 KQRS Classic Rock Station is celebrating 50 years in the City of Golden Valley and has requested a proclamation recognizing this anniversary. Representatives from KQRS will be in attendance to accept the proclamation. Attachment: • Proclamation for the 50th Anniversary 92 KQRS Classic Rock Station (1 page) CITY OF GOLDEN VALLEY PROCLAMATION FOR THE 50TH ANNIVERSARY OF 92 KQRS CLASSIC ROCK STATION WHEREAS, 92 KQRS is a radio station whose official city of license is Golden Valley, and proudly announces this hourly; and WHEREAS, 92 KQRS is one of America’s first and longest operating rock stations, since 1968; and WHEREAS, 92 KQRS offers live and local programming for the entire Twin Cities region and worldwide via the internet; and WHEREAS, 92 KQRS Programming and personalities have been acknowledged by the National Radio Hall of Fame, The Pavek Museum of Wireless and The Conclave Learning Conference; and WHEREAS, 92 KQRS supports the Golden Valley police, fire, military and veterans causes. NOW , THEREFORE, let it be known, that the Mayor and City Council of the City of Golden Valley hereby recognize the 50th Anniversary of 92 KQRS on September 25, 2018. We ask all to join in celebrating this commemorative occasion and urge all citizens to express appreciation for its contributions to Golden Valley and the greater community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 8th day of August, 2018. __________________________ Shepard M. Harris, Mayor OFFICIAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA May 8, 2018 The meeting began at 6:30 pm in the Council Conference Room. Present: Mayor Harris and Council Members: Clausen, Fonnest, Rosenquist and Schmidgall. Also present were: City Manager Cruikshank, Physical Development Director Nevinski, Planning Manager Zimmerman, Associate Planner/Grant Writer Goellner, and Development and Assets Coordinator Eckman, and Planning Intern Morgan. 1. Housing Policy Update Associate Planner/Grant Writer Goellner presented an overview of the actins staff has completed regarding the affordable housing work plan, reviewed the Tenant Protection Ordinance and answered questions from the Council. The consensus of the Council was to support the staff recommendations, draft a Tenant Protection Ordinance for Council consideration at a future Council meeting. 2. Sister City Discussion Helene Johnson and Derek Anders-Turner presented information pertaining to consideration of a Sister City partnership, international and possibly domestically. Items discussed were potential partners, role of City, benefits, structure of organization, financial implications, and selection of city. The Council requested the group meet to discuss the partnership with City Manager Cruikshank. 3. a. Commission Annual Reports – Environmental Commission 2017 Annual Report Environmental Commission Chair Dawn Hill presented the 2017 annual report and the projects proposed for 2018 and answered questions from Council. Development and Assets Coordinator Eckman and Physical Development Director Nevinski answered questions from the Council. 3. b. Commission Annual Reports – Open Space and Recreation Commission 2017 Annual Report Open Space and Recreation Commission Chair John Cornelius presented the 2017 annual report and the projects proposed for 2018. Director of Parks and Recreation Birno and City Manager Cruikshank answered questions from Council Official Council/Manager Minutes -2- May 8, 2018 4. Draft 2040 Comprehensive Plan Planning Manager Zimmerman presented an overview of the City’s 2040 Comprehensive Plan and answered questions from the Council. At the May 15, 2018 City Council meeting the Council will release for public review and comment the Draft 2040 Comprehensive Plan. 5. Consider City Goals for Waste Collection Physical Development Director Nevinski reviewed the goals for waste collection. The Council suggested amendments to the list and staff will report back to the Council. 6. Council Review of Future Draft Agendas: City Council May 15, City Council June 5 and Council/Manager June 12, 2018 No changes were submitted for the future draft agendas. The meeting adjourned at 9:35 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Judy Nally, Administrative Assistant UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA July 17, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:36 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to approve the agenda of July 17, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the consent agenda of July 17, 2018, as submitted and the motion carried. 3A1. Approve Minutes of City Council Meeting - July 3, 2018. 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C1. Receive and file the gambling license exemption and approve the waiver of notice requirement for Cancer Legal Care. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - May 30 and June 11, 2018 3E1. Approve purchase of a 2019 Ford E-450 Stripped Chassis from National Auto Fleet Group in the amount of $27,706 and a cab, body, and setup from Utilimaster in the amount of $38,089. 3F. Adopt Resolution 18-46, approving State of Minnesota Joint Powers Agreements with the City of Golden Valley on Behalf of its City Attorney and Police Department. 3G. Authorize contract with Valley Paving, Inc. in the amount of $2,398,275.03 for the construction of the 2018 Plymouth Avenue North Pavement Rehabilitation Project, City Improvement Project No. 18-02, a contract with Short Elliot Hendrickson, Inc. for the final design, observation, construction staking, and engineering services on the project, not to exceed $94,450 and the amended Cooperative Agreement No. PW 18-13-18 with Hennepin County for funding on the pedestrian improvements at the Winnetka Avenue/Plymouth Avenue intersection, not to exceed $30,000. 3H. Authorize the Mayor and City Manager to sign the amended PUD Permit for Meadowbrook School PUD No. 90, Amendment #4. 4. PUBLIC HEARINGS 4A. Public Hearing - First Consideration - Tenant Protection Ordinance Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Unofficial City Council Minutes -2- July 17, 2018 4A. Public Hearing - Tenant Protection Ordinance - continued Ms. Cathy Waldhauser, 3220 Orchard Avenue, thanked Council and staff for this ordinance. She said giving tenants 90 days to arrange housing is better than 30 days, but added this still is not much time and she hoped landlords would already be giving this notice. She said housing is necessary and hoped the City would continue to work on housing issues. She asked if it would be possible to have landlords notify tenants at least 30 days out of any future rent increases. She said the amount of compensation level of units if the 90 day notice is not provided should be indexed in the future. Mr. Alfred Lewald, 1350 Douglas Drive, said he is on the Golden Valley affordable Housing Committee and was excited about the 90 day tenant notification. He said he became interested when an apartment by him only gave tenants a 30 days’ notice to move out. He said this ordinance will better protect tenants and that affordable housing is important for seniors and young people working in the community. He said more can be done and hopes the City will continue to move forward on housing issues. Mr. Jim Ryan, 2741 Lee Avenue, said he has been lucky to have stable housing over the last 30 years and said his adult children have told him about the difficulty of finding affordable housing. He said for 40 years, he administered a federal income program that adjusted payments for food, clothing and shelter to those in need and that housing was a continuous problem. He thanked the Council for their support of the ordinance. Mr. Aaron Berc, 4611 Dupont Avenue, Minneapolis, said he is a community organizer with Jewish Community Action and thanked Council on behalf the Community Housing Team and JC members who live in Golden Valley. He said he worked with the City of St. Louis Park on their ordinance and the reason they moved to 90 days was because it was mutually agreed upon by both landlords and tenants. He said this ordinance has a meaningful impact on tenant’s lives but it does not achieve the preservation of affordable housing in the community. He said both Minneapolis and St. Louis Park are looking into options for an affordable housing trust fund for those in need. He said appreciates the Council supporting this ordinance. Mr. Jason Wittak, The Church of St. Joseph, 8701 36th Avenue, New Hope, said as a staff member he represents the parishioners that live in Golden Valley so he came in support of the ordinance. He said when parishioners are in need of housing, they come to him because they are unsure where to go next and are afraid of being homeless and that 90 days would give them an opportunity to find housing. He said applying for assistance through the county can take up to 4 weeks to receive a denial or approval of assistance funds. He said housing is important to all and he appreciated the Council supporting this. Ms. Cheryl Himsl, 1112 Sumter Avenue, said she has worked in social services so she has had a lot of contact with people with low incomes who were becoming homeless. She said at least 3 months may give tenants an opportunity to find a roommate or family member to live with. She thanked the Council for looking at this ordinance. Mayor Harris closed the public hearing. There was much Council discussion regarding the Tenant Protection Ordinance. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt first consideration Ordinance #642, adding City Code Section 6.27, Protection of Tenants in Affordable Housing upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. Unofficial City Council Minutes -3- July 17, 2018 5. OLD BUSINESS 6. NEW BUSINESS 6A. First Consideration - Golden Valley Human Services Fund City Code Amendment and Bylaws Changes Mr. Aaron Black, Human Services Fund Chair, and Ms. Denise La Mere-Anderson, Human Services Fund Vice Chair, presented the staff report and answered questions from Council. There was Council discussion regarding the proposed changes to the City Code and Human Services Fund bylaws. Council thanked Mr. Black, Ms. La Mere-Anderson and the Human Services Fund Committee Members for their service to the community. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt first consideration, Ordinance #643, amending the City Code regarding Section 2.57: Human Services Fund upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the revised Bylaws for the Human Services Commission and the motion carried. 6B. Approve The Xenia Apartments PUD No. 113, Amendment #2 - 770 Xenia Avenue Planning Intern Morgan presented the staff report and answered questions from Council. Mr. Jerry Kavan, Slosburg Real Property, Project Manager, provided background information on the project and the proposed project changes. There was Council discussion regarding The Xenia Apartments PUD amendment. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to approve the plans for The Xenia Apartments PUD No. 113, Amendment #2, and to authorize the Mayor and City Manager to sign the amended PUD Permit and the motion carried. 6C. Review of Council Calendar Some Council Members may attend the Urban Land Institute Downtown Study on July 18, 2018, from 5 pm to 8 pm in the Council Conference Room. The second Water Day at Scheid Park will be held on July 20, 2018, from 12:30 to 2 pm. Some Council Members may attend the 100th Anniversary Celebration for Liberty Carton on July 20, 2018, at 6 pm at Liberty Carton located in Brooklyn Park. Some Council Members may attend the Market in the Valley on July 22 and July 29, 2018, from 9 am to 1 pm in the City Hall Campus Parking Lot. A Concert in the Park featuring the Pan-Handler Steel Drum Band will be held on June 25, 2018, at 7 pm at Brookview Park. Unofficial City Council Minutes -4- July 17, 2018 6C. Review of Council Calendar Some Council Members may attend the Taste and Tour of Golden Valley on July 26, 2018, from 5 pm to 8:30 pm in Downtown Golden Valley. Some Council Members may attend the Sochacki Park Expo on July 28 and July 29, 2018, from 1 pm to 5 pm at Sochacki Park. Some Council Members may attend the Hennepin County Sheriff Commissioner District 2 Candidate Forum on July 30, 2018, at 6:30 pm in the Council Chambers. A Concert in the Park featuring Vinnie Rose will be held on July 30, 2018, at 7 pm at Brookview Park. Some Council Members may attend the Penny Carnival on August 3, 2018, from 12:30 pm to 2 pm at Brookview Park. Some Council Members may attend the Market in the Valley on August 5, 2018, from 9 am to 1 pm in the City Hall Campus Parking Lot. Some Council Members may attend the 5th Congressional District DFL Candidate Forum on August 6, 2018, at 7 pm at Beth El Synagogue located at 5225 Barry Street, St. Louis Park. A Concert in the Park featuring Percolators will be held on August 6, 2018, at 7 pm at Brookview Park. The Minnesota Night to Unite celebrations will be held on August 7, 2018, at various times and locations within Golden Valley. The next City Council meeting will be held on Wednesday, August 8, 2018, at 6:30 pm. The Primary Election is on August 14, 2018, at the various polling locations. 6D. Mayor and Council Communication There was Council discussion regarding gun control issues. 7. ADJOURNMENT MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall and the motion carried to adjourn the meeting at 8:29 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 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 August 8, 2018 Agenda Item 3. C. 1. Temporary On-Sale Liquor License - Chester Bird American Legion Car Show Fundraisier Prepared By Kris Luedke, City Clerk Summary The Chester Bird American Legion located at 200 North Lilac has applied for a temporary on-sale liquor license their event, the 9th Annual Roll with American Pride Car/Motorcycle Show, which will be held on Sunday, August 26, 2018, from 8 am to 4 pm. The City Code does provide for temporary sales of liquor with Council approval. Also, required is a certificate of liquor liability insurance naming the City as an additional insured in the amount of $1,000,000. The Chester Bird American Legion has provided this certificate for their event. Recommended Action Motion to approve a temporary on-sale liquor license for the Chester Bird American Legion located at 200 North Lilac for their 9th Annual Roll with American Pride Car/Motorcycle Show on August 26, 2018. Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 3. C. 2. Temporary On-Sale Liquor License - PRISM Prepared By Kris Luedke, City Clerk Summary PRISM located at 1220 Zane Avenue North has applied for a temporary on-sale liquor license their event, Drive Out Hunger which will be held on Sunday, September 16, 2018, from 1 to 5 pm. The City Code does provide for temporary sales of liquor with Council approval. Also, required is a certificate of liquor liability insurance naming the City as an additional insured in the amount of $1,000,000. PRISM has provided this certificate for their event. Recommended Action Motion to approve a temporary on-sale liquor license for PRISM located at 1220 Zane Avenue North for their Drive Out Hunger event on September 16, 2018. Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - PRISM 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 PRISM. 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 � i ,J� Previous Gambling n Name: (`` �i/l Permit Number: Minnesota Tax ID L I Federal Employer ID I/ _ /4.1 7 11 © Aj!— Number, if any: j� Number(FEIN), if any: Mailing Address ( L,1 L-E� �✓1 p ✓`� City: ( o Oen \( - e- State: !V!I Zip: 5^1-5-W-County: 111 e Name of Chief Executive Officer(CEO): IC NiP \s, CEO Daytime Phone: -y��0 Email: 1 c�SS� /Ivr� I'r�t�c(�l� , ljJ G� (permit will be emailet to this email address unless oth!rAise indicated 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 (for raffles, list the site where the drawing will take place): 9011 p 1 Physical Address (do not use P.O. box): oct�CD �7a-n e �/� Check one: n 4e,"` a ,,� +/ 'City: Q/� Zip: _� County: 1 e, U�� jA, 0Township: Zip: / ] County: Q Date(s) of activity (for raffles, indicate the date of the drawing): / "1 l0 �� Check each type of gambling activity that your organization will conduct: =Bingo =Paddlewheels =Pull-Tabs =Tipboards Raffle 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. 11/17 LG220 Application for Exempt Permit 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 located within city limits located in a township The application is acknowledged with no waiting period. he application is acknowledged with no waiting period. T gThe 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 period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application its denied. I /� Dhe application is denied. Print City Name: 6V f4p I��r` Print County Name: Sig atur �of`ityP rsonnel: Signature of County Personnel: Title: Dater 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 plication is complete a d accurate to the best of my knowledge. I acknowledge that the financial report will be completed and retuk(Sinature Board within days of the event date. 11 Chief Executive Officer's SignaturDate: 11111 1 must be CEO's si ature;designee may not sign) Print Name: �.1(�1111�C, - REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. 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 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 Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 3. C. 4. Gambling License Exemption and Waiver of Notice Requirement - Mount Olivet Careview Home 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 Mount Olivet Careview Home. 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: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar 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 Previous Gambling Name: Mount Olivet Careview Home Permit Number: X-93818-16-001 Minnesota Tax ID Federal Employer ID Number, if any: 41-0802697 Number(FEIN), if any: Mailing Address: 5517 Lyndale Ave S, City: Minneapolis State: MN Zip: 55419 County: Hennepin Name of Chief Executive Officer(CEO): Nancy Nash CEO Daytime Phone: 612-767-2275 CEO Email: nancyn@mtolivet.org (permit will be emailed to this emall address unless otherwise Indicated below) Email permit to(if other than the CEO): jnellis@mtolivet.org 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 (for raffles, list the site where the drawing will take place): Golden Valley Country Club Physical Address (do not use P.O. box): 7001 Golden Valley Road Check one: City: Golden Valley Zip: 55427 County: Hennepin ❑Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): October 5, 2018 Check each type of gambling activity that your organization will conduct: =Bingo =Paddlewheels =Pull-Tabs =Tipboards Raffle 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 A lication for Exem t Permit lulu PP P 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 located within city limits located in a township The application is acknowledged with no waiting period. he application is acknowledged with no waiting 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 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. (.J� Print City Name: Id 'or) C 0. (l?L/ Print County Name: Signature of City Personnel: Signature of County Personnel: 41 Title: 01614 Date: -7 -d -! 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 returneA to the Board w' i days of the event date. 416-Ile Chief Executive Officer's Signature: Date: (Signature be CEO's signature;designee may not sign) Print Name: Nancy Nash REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. 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 Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for 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 Regular Meeting of the Golden Valley Planning Commission July 9, 2018 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, July 9, 2018. Chair Baker called the meeting to order at 7 pm. Those present were Planning Commissioners Angell, Baker, Black, Blum, Brookins, Johnson, and Segelbaum. Also present was Planning Manager Jason Zimmerman, Planning Intern Amy Morgan, and Administrative Assistant Lisa Wittman. Commissioner Pockl was absent. 1. Approval of Minutes June 11, 2018, Regular Planning Commission Meeting Blum referred to the first sentence on page four and asked that the word “electric” be removed. He also asked that collector, restored, and reconstructed vehicles be added to the list of things that are “not allowed” to be stored in a front yard rather than saying that they “may be” stored in a front yard. MOVED by Segelbaum, seconded by Brookins and motion carried 5 to 1 to approve the June 11, 2018, minutes with the above noted corrections. Baker abstained from voting. 2. Discussion – Material and Architectural Standards Zimmerman stated that the Physical Development Director, City Manager, and City Council are interested in exploring the possibility of adding material and architectural standards to the Zoning Code. Baker questioned the issue trying to be fixed. Zimmerman stated that generally, there have been few problems and that developers typically want to build high quality buildings. The concern is builders who might not want to do that so the City is considering regulating and overseeing materials and architectural standards. Zimmerman explained that development is typically subject to up to three types of aesthetic controls. The first is site design, which regulates where site elements such as structures, access points, parking, and landscaping can be located on a property. The second type of aesthetic control is architectural standards which usually dictate building elements that must me included, or prohibited in the design of new buildings, such as variations in wall depth, the presence of windows, doors, massing, and screening. The third type of aesthetic control is regulating the type and amount of various exterior materials used in construction. Baker referred to the research regarding other cities’ requirements and stated that no cities appear to have material or architectural standards in their single family residential zoning districts. Zimmerman said he does not know of any cities that have regulations in their single family zoning districts. He stated that staff is looking for feedback from the Minutes of the Golden Valley Planning Commission July 9, 2018 Page 2 Commission if this is something they’d like the City to regulate and a sense of what is practical. Blum stated that since he has been on the Planning Commission he has heard residents say that they want variety. He said he doesn’t want to decide what is good or bad, but he does want variety, not sameness in the R-1 Zoning District. Morgan stated that the majority of surrounding cities have some sort of architectural standards and that some have massing standards which dictate architectural design elements such as height, building articulations, rhythm of openings, etc. She added that cities primarily look at the quality of materials and that they need to be something quantifiable and not subjective. She explained that cities typically break down building materials into different categories, often categorized as Class I, Class II, and Class III materials. Class I is the highest quality such as brick and stone and Class III is the lowest quality. Segelbaum asked if the classes are based on durability or aesthetics. Morgan stated that the classes are based on both. She noted that some cities state what they won’t allow rather than listing everything they do allow and a lot of cities require different percentages by zoning district. She reiterated that the question is if the City wants to regulate by using materials or massing standards and if there should be a list of materials the City wants people to use, or if it should be regulated by zoning district. She suggested starting small and developing the standards over time. Segelbaum questioned if people have been able to get around the standards. Morgan noted that most cities have a discretionary phrase in their codes that grant exceptions or allow other suitable materials. Blum said he likes Brooklyn Park’s language that states “Other materials not listed elsewhere as approved by the City Manager or as recommended by the Planning Commission.” Segelbaum questioned how grandfathering in existing buildings would work. Zimmerman stated that the City could have regulations that would apply to any new buildings or additions, but not to existing buildings. Morgan added that the language in the existing I- 394 Mixed Use Zoning District requires buildings to be brought up to code if they are making changes that affect more than 500 square feet or 10% of gross floor area of the building. Blum said he likes the idea of requiring buildings to be brought up to code in a fair and reasonable way by a certain date even if that date is far in the future, because then a building wouldn’t be left as-is or non-compliant forever. Zimmerman stated that this would require a sunset provision be added to the code language. Angell stated that Brooklyn Center uses the materials class system in different areas as they redevelop and it works very well. He added that he would like to see the City require Class I materials and a variety of styles. Zimmerman showed the Commissioners some photos of different buildings that used a variety of materials and different architectural styles. The Commissioners discussed what the liked and didn’t like about the photos. Minutes of the Golden Valley Planning Commission July 9, 2018 Page 3 Blum asked if there would be similar requirements for signage and if there would be requirements regarding the screening air conditioning vents. Baker said he doesn’t want to eliminate the ability to provide affordable housing. Blum questioned if the same quality of building materials should be used on all sides of a building and not just on the front facade. Zimmerman stated that requiring the same quality of building materials on all sides of a building usually depends on the activities occurring such as a loading dock area on an industrial building. Blum questioned if landscaping requirements are a part of this discussion. Zimmerman stated that Golden Valley has a section of Code regarding landscaping and noted that some cities require more landscaping than others. Blum asked if burying utilities would be addressed because he would like to see that as a requirement in every zoning district. Segelbaum said he thinks requiring power lines to be buried in the Commercial zoning district makes sense, but he doesn’t think the City should make the developer of one new house bury the power lines. Baker said he thinks any proposed requirements should use fewer, precise words and not get too prescriptive. Blum suggested having design rules that create diversity but don’t restrict development from happening. Brookins questioned if the materials they received at the recent TOD meeting could be used. Zimmerman said that could be used along with the language that already exists in the Zoning Code for the Mixed Use Zoning District. Baker asked about addressing sustainable energy, energy efficiency, and the use of recycled materials. Zimmerman stated that many of those types of items are addressed in other sections of the City Code and in the Building Code, but any new Zoning Code language could help to incentivize the use of recycled materials and energy efficiency. Blum asked about the City of St. Paul’s requirements regarding carbon-neutral buildings. Baker said he’d like Golden Valley to do that as well. Segelbaum said he would like to be in the middle of the most restrictive cities and the lease restrictive cities. He stated that the information they received at the TOD presentation seems to be the future and he would like to start by applying some of those regulations then get into recycled materials, etc. because he doesn’t want the City to legislate itself out of development. Johnson questioned if they are looking at the right things and said Golden Valley is a fully developed city. He said the City should have a lowest common denominator and be on the same wave length as other cities but he feels it is hypocritical to tell companies what do and if energy efficiency is the route the City wants to take they should be looking at the whole city, including residential and not just commercial buildings. Blum agreed and said Minutes of the Golden Valley Planning Commission July 9, 2018 Page 4 the requirements should be thoughtful and reasonable and look at diversity rather than more prescriptive methods. Baker said the consensus seems to be that the Planning Commission is willing to embrace some of the standards from all three of the types of aesthetic controls Zimmerman discussed. He said he would also like to include residential properties in the discussion. Zimmerman stated that discussion seemed more about energy efficiencies and less about aesthetics. Baker reiterated that he would like to see some sustainability language added. Blum said he would like to see a carbon-neutral deadline date even if it is way out in the future. Black questioned if it is economically efficient to make every house sustainable. Baker said that they could look at certain features in the residential zoning districts that move the City toward energy efficiency. Brookins said he thinks the Mixed Use area should be the first area addressed since there are already some regulations in that district. He added that he is less inclined to do anything in the residential zoning districts. Johnson suggested looking at what has built within the last five years and how they would fit in with the recommended standards. Brookins said he would recommend grandfathering in every property until it gets redeveloped. Black questioned if these standards are required for minor changes or remodels if the City would be de-incentivizing developers. Segelbaum said people want to do developments in Golden Valley and that there should be some requirements regarding materials and architecture. 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 4. Other Business Zimmerman reminded the Commissioners about the Downtown Study kick-off on July 18. • Council Liaison Report No report was given. 5. Adjournment The meeting was adjourned at 8:25 pm. Minutes of the Golden Valley Planning Commission July 9, 2018 Page 5 ____________________________ __________________________ Ron Blum, Secretary Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals June 26, 2018 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, June 26, 2018, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Perich called the meeting to order at 7 pm. Those present were Members Nelson, Orenstein, Perich and Planning Commission Representative Brookins. Also present were Planning Manager Jason Zimmerman, Planning Intern Amy Morgan, and Administrative Assistant Lisa Wittman. Member Maxwell was absent. I. Approval of Minutes – April 24, 2018, Regular Meeting MOVED by Orenstein, seconded by Perich and motion carried 3 to 1 to approve the April 24, 2018, minutes as submitted. Member Nelson abstained. II. The Petition(s) are: 529 Burntside Drive Aaron Koski, Applicant Request: Waiver from Section 11.72 Fences, Subd. 3(A)(1) Front Yard Fence Requirements • 2 ft. taller than the allowed 4 ft. of height along a portion of the front yard (north) property line. Purpose: To allow for the construction of a fence. Morgan pointed out the property on a map and in aerial photos and explained the applicant’s request to build a 6 ft. tall fence, rather than the allowed 4 ft., along a portion of his northern front yard. Morgan explained that this property has two front yards. One along Burntside Drive and one along the Highway 55 frontage road. She stated that that the primary access to the house is located on the east side of the property with a secondary access located on the west side of the property. She explained that the applicant’s proposed fence will be in-line with the house and will enclose all entrances into the house, increase privacy, and mitigate traffic noise. She added that if the property directly abutted Highway 55, the applicant could build a 6 ft. tall fence in the front yard by right. Morgan discussed the points of examination and stated that staff is recommending approval of the variance request because it proposes to use the property in a reasonable manner, the circumstances are unique to the property, and the variance would not alter the essential character of its locality. Perich asked if the entrance along the north side of the property was a second driveway. Morgan said yes. Perich asked if a 6 ft. tall fence could run the entire length of the northern property line if a variance is granted. Zimmerman suggested that it be made clear in the motion that the Minutes of the Golden Valley Board of Zoning Appeals June 26, 2018 Page 2 variance if granted is only for the portion of the yard that starts at the west corner of the house and goes straight to the west property line. Aaron Koski, Applicant, said this is a unique house. He stated that the side yard is basically divided in half by an existing fence and shed which affects the play area and the size of the yard. He said he would like to install the proposed fence for privacy and noise mitigation and clarified that he is only proposing to install a 16 ft. section of fence from the west corner of the house to the west property line. Nelson noted that the unique circumstance in this case is the two front yards. Koski agreed and stated that they really don’t consider that area along the west to be a front yard. Nelson added that the applicant did a good job explaining in his application the other options he’s considered. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. Nelson said she is support of the requested variance because it is in harmony and consistent with City’s Comprehensive Plan, it is a reasonable request, and the unique circumstance is that it is a corner lot on Highway 55. Orenstein agreed that this is a pretty straightforward request. MOVED by Perich, seconded by Orenstein and motion carried unanimously to approve the request variance to allow a fence 2 ft. taller than the allowed 4 ft. of height along a portion of the front yard (north) property line. III. Other Business • Election of Officers Orenstein nominated Nelson to be Chair, Nelson accepted the role of Chair. Nelson nominated Orenstein to be Vice Chair, Orenstein accepted the role of Vice Chair. IV. Adjournment The meeting was adjourned at 7:20 pm. _____________________________ __________________________ David Perich, Chair Lisa Wittman, Administrative Assistant GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting, Minutes June 25, 2018 Commissioners Present: Tonia Galonska, Lynn Gitelis, Dawn Hill, Scott Seys, Jim Stremel and Debra Yahle Staff Present: Heather Hegi, GIS Technician and Claire Huisman, Administrative Assistant Also Present: Council Member Larry Fonnest Absent: Commissioners Tracy Anderson and Joseph Ramlet Call to Order Chair Hill called the meeting to order at 6:30 pm. Council Member Larry Fonnest gave a brief update on Council business. He attended the League of MN Cities Conference in St. Cloud last week where he received GreenStep Cities, Step 3 Award on behalf of the City of Golden Valley. He also spoke briefly on the issues going on at the state level and the possibility of a tax increase on the county level since they are funding the Blue Line Project. Approval of Regular Meeting Minutes MOVED by Gitelis, SECONDED by Galonska, and the motion carried unanimously to approve the minutes of the May 21, 2018 regular meeting. Program/Project Updates The complete Program/Project Update is on file. Other Business Commissioner Gitelis reported that Senator Marty has convened a group to develop the bill language on carbon pricing for the next legislative session. Adjourn MOVED by Yahle, SECONDED by Stremel, and the motion carried to adjourn the meeting at 6:45 pm. Heather Hegi took Commission members Galonska, Hill, Seys, Stremel and Yahle on a tour of the City’s nature areas from 6:45p to 8:45p. (Van was loaned to the Commission by the Park and Rec Dept.) The Commissioner’s will discuss their thoughts and impressions of the nature areas at the July meeting. Claire Huisman Administrative Assistant MEETING MINUTES Human Rights Commission May 22, 2018 Commissioners present: Maurice Harris, Vice Chair Jonathan Burris Gloria Peck Carrie Yeager Teresa Martin Chris Mitchell Eve Clarkson Commissioners absent: Kyle Pettersen-Scott, Chair Staff present: Kirsten Santelices, Human Resources Director Call to Order The meeting was called to order at 6:34 pm by Vice Chair Harris. Approval of Agenda Motion made by Commissioner Martin to make an addition to Old Business, and approve agenda as amended. Seconded by Commissioner Burris. Motion carried 7-0. Approval of Meeting Minutes Motion by Commissioner Burris, seconded by Commissioner Martin to approve the April 24, 2018 meeting minutes as submitted. Special Presentation Staff provided the HRC with an overview of expectations and new member orientation materials. Staff explained that the presentation will be shared with all boards and commissions on an annual basis, as well as to new members when they are appointed. Old Business Pride Booth Planning The Commission discussed brochure changes. Staff wrote down suggestions to bring to the communications department and return to the HRC members (via email) for final approval. Staff will provide access via public safety for a commissioner to pick up the booth materials for set up. Commission went around the room stating which shift(s) he/she was able to work. All three shift times were covered by at least two commissioners. Commissioner Martin mentioned wanting to promote the Bill Hobbs award, as there were no nominations last year. Staff responded that will check the online MEETING MINUTES – Human Rights Commission May 22, 2018 2 promotion link, and make sure it is highlighted on the brochure. Staff also notified the commission that the name tags had been ordered, and should be ready for Pride. Day of Service Planning Discussion Commissioner Martin provided some ideas for the Day of Service event, including doing a food drive with Second Harvest, or collecting books for a library book sale. The commission discussed further the possibility of a Second Harvest drive. Commissioner Peck mentioned Prism as an opportunity to do more than a food drive. Staff mentioned providing incentive for donations with some sort of 316 coupon. Commissioner Peck volunteered to find out what types of items Prism usually needs to collect in September. Staff will find out more on the City-end in terms of where items can be donated/collected. Motion by Commissioner Burris to work with Prism for the Day of Service event 2018. Seconded by Commissioner Clarkson. Motion carried 7-0. Commissioner Mitchell recommended the Arts and Music Festival (Sep 15) as a part of the collection. Commission liked that idea and will discuss further at the next meeting. Voter Rights Education Topic Discussion Commissioner Martin provided a recap of the information around voter rights, specifically around “restore the vote” campaign that the League of Women Voters (LWV) highlights on the website. Commissioner Martin further shared letters from Representative Freiberg detailing topics of importance, including, cyber security and automatic voter registration. Vice Chair Harris read out from the LWV website the topics of importance they have listed, which mirror the letters from Representative Freiberg. Commissioner Peck mentioned that Marti Mix asked about the HRC’s interest in hosting candidate forums. Staff reminded the Commission that they voted last meeting to focus on voter rights education, rather than any other topic of voting education. Commission all agreed. Commissioner Martin motioned that the HRC focus on “restore the vote” as the topic to partner with the LWV. Seconded by Vice Chair Harris. Motion carried 7-0. Commissioners Peck, Martin, and Vice Chair Harris created a sub-committee to work on partnering with LWV for some sort of event/open forum, tentatively for July 2018. This led the Commission to further discuss the goals of this type of event. Potential goals: who has voter eligibility? Who has lost the right to vote? What is restore the vote? The subcommittee will discuss with LWV and report back to the Commission. Why Treaties Matter Update Commissioner Martin updated the Commission that the “Why Treaties Matter” exhibit would be more labor and time intensive than initially thought. Commissioner Martin shared the requirements of hosting the exhibit, and recommended that the Commission postpone application to host until next year, and perhaps partner with neighboring city HRC’s to do so. Motion by Commissioner Martin to table the application until next year, seconded by Commissioner Clarkson. Motion carried 7-0. New Business Elections Commissioner Burris nominated Vice Chair Harris for Chair. Commission discussed waiting for current Chair, Pettersen-Scott to determine her level of interest in serving as an officer again. Commissioner MEETING MINUTES – Human Rights Commission May 22, 2018 3 Burris withdrew his nomination. Motion by Clarkson to table elections until the June meeting. Second by Martin. Motion carried 7-0. Review of Bylaws Staff offered to hand out the bylaws to the Commission for review prior to next meeting. Motion by Commissioner Yeager that the Commission review the bylaws and discuss at the June meeting. Seconded by Commissioner Clarkson. Motion carried 7-0. Communications Check-In Motion by Vice Chair Harris to change “HRC Conversations” to “HRC Community Outreach” on City website, and through other branding programs. Seconded by Commissioner Clarkson. Motion carried 7-0. Adjourn Motion by Commissioner Peck, seconded by Commissioner Yeager to adjourn the meeting at 8:25 pm. Motion carried 7-0. ________________________________ Maurice Harris, Vice Chair ATTEST: _________________________________ Kirsten Santelices, Staff Liaison Respectfully submitted, Kirsten Santelices, Staff Liaison/Human Resources Director Golden Valley Human Services Fund (GVHSF) Meeting Minutes June 11, 2018 6:45 pm Brookview, Sweeny Lake Conference Room Present: Denise La Mere -Anderson, Aaron Black, Jonas Courneya, Hilmer Erickson, Peder Hanson, Katie Hart, Jason Kapel & Sophia Vento. Also present: Brian Erickson, Staff Liaison. Absent: Stephanie Devitt, Elissa Heilicher and Toots Vodovoz Call to Order: Aaron Black called the meeting to order at 6:52 pm. Agenda Changes or Additions: Run the Valley Updates were added to agenda April 9, 2018: Hanson moved and La Mere -Anderson seconded the motion to approve the minutes from May 14. The motion passed unanimously. Introduction of new member: Black welcomed new member, Jonas Courneya. All commission members introduced themselves and Jonas shared information about himself and reason for joining the commission. Budget Update: Staff Liaison, Erickson, reviewed the most recent budget information with the commission. La Mere -Anderson requested the monthly budget update to be shown as year to date, per month, versus previous year. Bylaws Changes Proposal: Staff Liaison, Erickson, distributed the proposed bylaws changes. He asked members for clarification on who is a business member and their length of term. He also requested clarification on the proposed size of the commission and if that number included the youth member. It was agreed that a business member shall be a representative, in an official capacity, of a Golden Valley -based business, with a 3 year term. It was also agreed the commission shall consist of seven regular members, and two business or community organization members, and one voting youth member. Staff Liaison, Erickson, also asked for some clarification on fund allocation and the proposed use of reserve funds. La Mere - Anderson explained the commission may recommend allocation of funds, maintaining a minimum of one and a half times the fund balance of the previous calendar year. Golf and Lawn Bowling Classic, September 17: The commission discussed the upcoming Golf and Lawn Bowling Classic. La Mere -Anderson talked about sponsorship for the event, setting goals and having a plan to go after sponsors. She also proposed removing the Golf Hole Sponsor option and reducing the Corporate Sponsor fee from $1000 to $500. The commission members agreed and Staff Liaison, Erickson, noted the change. Hanson suggest a script and sponsor list for members, when finding sponsors. Black said he would manage this. La Mere -Anderson suggested that we look at better signage, banners and promotional materials. Liaison, Erickson, said that he would work with the Golden Valley Communications Department on these requests. Hanson brought up the idea of other possible fundraising events. Members agreed to table this until the July meeting. Adjourned: Erickson motioned, Hart seconded. Meeting adjourned at 8:28 pm Respectfully submitted, s 0 Aaro Black, GVHSF Chair Brian Erickson, Staff Liaison GOLDEN VALLEX)PEN SPACE & RECREATION COMMISSION Meeting Minutes ,lune 22, 2018 1. Cali to Order Mattison called the meeting to order at 6:30 pm. 2. Roll Call Corrrrntssionem:Roger Bergman, John Comelius, Max Hyberger, Bob Mattison, Kimberly Sanberg, Matthew Sanders, and Dawn Speltz Absent: Cindy Carnes Schiebe and Kelly Kuebelbeck. Staff: Rick Bimo, Director of Parks and Recreation, Greg Simmons, Recreation Supervisor, Sheila Van Sloun, Paries and Recreation Administrative Assistant; Olivia Phillips, Park and Recreation Summer Intern; AI Lundstrorn, Park Maintenance Supervisor; and Gillian Rosenquist, City Council Member. 3. Agenda Cihmges or Additions None. 4. Approval of h9inules—May 22, 2018 M0110W: Moves{ by Corneliusand seconded by Hyberger to approvethe May 22, 2618 meting minutes, Motion carried unanimously. S. ft1corne ftN Recreation gMsor Qmg Simmo Simmonsand Commissioners gave brief introductions. 6. Welcome rks and Recreation 5unww Int r A QUviaPhllll Phillips and Comrrissioners gave brief introductions_ 7. New Commissioner Pai Presentation Bimo presented the New Commissioner PowerPoint presentation. 8. Review BuRding CIP Lundstrom gave an update on the Building CIP and upcoming projeds. Mattison said the commission should start thinking about updating parte buildings for the community, and to check with surrounding communities on what new concepts were being implemented. Rosenquist and the Commission thanked Lundstrom for everything he and his staff do for the city. 9. Review Community Garden and Q f Lem_h Pet Exercise Ara Concepts or i`J 01gy Park Bimo reviewed two different potential concepts. He discussed ndnimurn nom, infrastructure considerations, and potential amenities. After discussion, the Commission cane up with the following recommendations for the proposed project: • Pet exercise area should be a minimum of .5 acres and up to 2 acres Entire area should be enclosed with a 5'— 6 high fence. f=ence area must include a double entrance gate with concrete pad and an additional maintenance gate. All fencing should include a concrete or alternative oonkept fence now strip. Pet exercise facaility should have both a small —timid —older dog area and a large dog area. If possible, areaashould be drain tiled to assist with general soil issues in Golden Valley parks. Amenity should include a year round portable toilet on a ooncrete pad and if possible a three wall system to enclose the portable unit. Portable toilet should be located just outside the pet exercise area dose to the entrance gate and access trail. open Spam s mon Cnrnn*mtm trues JUM 2Z 20118 Paget Amenity should have a drinking fountain with bowl/bottle filler located just outside the entrance gate and close to access trail. Crushed roc k1ball field mix should be utilized for any internal trails. If turf is lost due to high use, plan to use engineered wood fiber as the base material. This base material will require annual replacement if turf cannot be maintained. Access trail from off—strut parking lot and entrance gate must beAUAcompliant Facility will require garbage carte, notice board, rule signage, directional signage and an onsite container system to store dean -up bags. Facility users will be expected to stock pet dean -up bags Pet exercise area should have a safety light. QSRC is rec ornmending a 20'x20" shelter with concrete pad be induded inside the fenced area and have lights added to fulfill need for safety light. The proposed sheiterwill also provide weather cover for residentstWlity users. If the new pet exercise area is mated a long distance from the off-street parking area, trail lights should be added along the trail for seasonal evening use. Facility should include benches, picnic tables and a bike rack- It ackIt is recommended that annual tags be sold for use of the faality. Revenue generated would assist with maintenance expenses and capital improvements. Tags sold would be priced with a resident fee and a non-resident fee. % QgMlsdon and Staff Updates Cornmissioner Updates - Mattison said Golden Valley Public Safety Department was very quick to respond to his request for covering parldng signs near kions Park for a Golden Valley Gilts Softball tournament. CuneMUpcoming Park Projects Isaacson Park Re -Grand Opening will take place July 10 at 5 pm. Stockman trail restoration will take place next week - Schaper Park sun shelter is complete with restoration taking place next week. Wesley Park play equipment is complete. Dugout improvementsat kions Park arescheduled for thisfall. Improvements include sun covers, beaches, and bat/helmet holders. - Rice Lake dock has been repaired. Br+ookview Landscaping/Lawn Bowling Gmen—Bimo said the lawn bowling is progressing and two weeks ahead of schedule. He said the landscaping is still in progress and fighting improvements are coming. Goff Course Tour— Bimo said the golf course tour will take place at the July 23 meeting at 7 p m. FaH Park Tour— Bkno said t he annual city parte tour will take place on Monday, September 24 at 5:15 pm. 10. Aturnment MOTION: Moved by Bergman and seconded by Sanberg to adjourn at 8:40 pm. Motion carried unanimously. A T- Bob Mattison, Chair Sheila Van Sloun, Administrative Assistant 1. CALL TO ORDER and ROLL CALL On Thursday, June 21, 2018 at 8:31 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC) and asked for roll call to be taken. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal NA NA Mark Ray Golden Valley Stacy Harwell Absent Eric Eckman Medicine Lake Clint Carlson Gary Holter Absent Minneapolis Michael Welch NA Absent Minnetonka Mike Fruen* Absent Tom Dietrich New Hope Absent Pat Crough Megan Albert Plymouth Absent John Byrnes Derek Asche Robbinsdale Michael Scanlan* Absent Marta Roser St. Louis Park Jim de Lambert Patrick Noon Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler, Jim Herbert, and Patrick Brockamp, Barr Engineering Recorder Dawn Pape, Lawn Chair Gardener Legal Counsel Troy Gilchrist, Kennedy & Graven Presenters/ Guests/Public Chuck Schmidt, New Hope resident; Christopher Gise, Golden Valley resident; Dave Anderson, Crystal resident *Arrived after business started Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, June 21, 2018 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC June 21, 2018 Meeting Minutes Page 2 of 8 2. CITIZEN FORUM ON NON-AGENDA ITEMS None. 3. APPROVAL OF AGENDA Chair de Lambert requested to approve the agenda. There was a request to add agenda item 6F Consider Approval of Blue Line LRT WCA Notice of Decision. MOTION: Commissioner Carlson moved to approve the amended agenda. Alt. Commissioner Crough seconded the motion. Upon a vote, the motion carried 7-0. [Cities of Minnetonka, Robbinsdale, and Crystal absent from the vote.] 4. CONSENT AGENDA There was a request to remove 4H Approval to Submit Comments on Golden Valley Surface Water Management Plan from the consent agenda and add that item to the meeting agenda as 6G. MOTION: Alt. Commissioner Byrnes moved to approve the amended consent agenda. Commissioner Carlson seconded the motion. Upon a vote, the motion carried 6-0. [Cities of Minnetonka, Robbinsdale, and Crystal absent from the vote.] [Commissioner Fruen arrives.] The following items were approved as part of the consent agenda: May 2018 commission meeting minutes, June 2018 financial report, payment of invoices, approval to reimburse the City of Plymouth for Plymouth Creek Restoration Project (2017CR-P), approval to reimburse the City of New Hope for Northwood Lake Improvement Project (NL-1), approval to reimburse Commissioner Scanlan for Workshop on the Water Registration, and set public hearing on 2019 Capital Improvement Projects for August 16, 2018 The general and construction account balances reported in the June 2018 Financial Report are as follows: Checking Account Balance $ 688,977.64 TOTAL GENERAL FUND BALANCE $ 688,977.64 TOTAL CASH & INVESTMENTS ON-HAND (6/13/18) $ 2,555,805.06 CIP Projects Levied – Budget Remaining ($ 4,117,153.27) Closed Projects Remaining Balance ($ 1,561,348.21) 2012-2016 Anticipated Tax Levy Revenue $ 3,721.01 2017 Anticipated Tax Levy Revenue $ 1,771.12 Anticipated Closed Project Balance ($ 1,555,856.08) 5. Public Hearing A. Receive Comments from Cities and Public on Proposed Minor Plan Amendment Chair de Lambert opened the public meeting at 8:35 a.m. Administrator Jester reminded commissioners that at the April meeting, the Commission approved a 5-year Capital Improvement Program (CIP) and directed staff to begin a BCWMC June 21, 2018 Meeting Minutes Page 3 of 8 minor plan amendment process to incorporate new projects into the CIP. She gave an overview of the proposed minor plan amendment and reported that the Commission received correspondence from the MnDNR, BWSR, and Met Council that they had no comments on the proposed amendment. Chair de Lambert asked if any commissioners, TAC members, or members of the audience had questions or comments on the proposed amendments. There were none. Chair de Lambert closed the public hearing at 8:40. Administrator Jester also reported that Hennepin County requested an extension to the comment period to July 25, 2018. MOTION: Commissioner Welch moved to extend the comment period on the proposed minor plan amendment until July 25, 2018. Commissioner Carlson seconded the motion. Upon a vote, the motion carried 7-0. [Cities of Robbinsdale and Crystal absent from the vote.] 6. Business [Business items were taken out of order to accommodate staff schedules.] C. Discuss Interest and Logistics of Inviting Commissioners to Participate in Bassett Creek Deep Tunnel Inspection Engineer Chandler introduced Commission Engineer Jim Herbert. Engineer Herbert gave an overview of the Bassett Creek deep tunnel and noted it is slated for inspection this year if the Army Corps of Engineers (ACOE) will allow the Mississippi River pool to be lowered. He noted this presents an opportunity for commissioners/TAC members to enter and observe portions of the tunnel. He said if the Commissioners/TAC members are interested in participating in a tour, there are several logistical items regarding planning, safety, equipment, etc. to be considered and planned. Engineer Herbert walked through various options for the tour and noted costs are difficult to estimate with so many variables. He also noted a short (30-minute) confined space training will be required for tour participants. [Commissioner Scanlan arrives.] Attorney Gilchrist noted that there is risk involved and that a liability waiver will be needed. Commissioner Fruen asked what the purpose of to the tour would be. Staff noted that this would be informational and educational for commissioners to see a significant structure that is discussed often by the commission and which performs such an important to the flood control role in the watershed. There was a suggestion that a video of the tunnel tour might be a good idea. Through a show of hands, 17 people at the meeting expressed interest in a short tour. Several members were also interested in a longer tour, but they were concerned about incurring expenses to pay for the tour. Administrator Jester reminded the Commission that watershed tours have been done every other year in the past, so spending $1,000-2,000 on a tour isn’t unprecedented. Engineer Herbert closed by laying out a timeline. They would need a variance from ACOE and Xcel Energy needs to turn off turbines so this tour would likely happen in October or November. Barr will come back with details and an updated cost estimate at a future meeting. A. Consider Approval of 90% Design Plans for Bassett Creek Park Phase I Dredging Project: Winnetka Pond (BCP-2) Engineer Chandler reminded commissioners that 50% plans for this project were approved at the April meeting. She gave a presentation on the changes since the presentation of the 50% plans. She reported on the May 24, 2018 open house feedback, noting that the four attendees were in support of the project, especially the native buffer, although there was concern about the damage rabbits may do to young plants. She noted the NPDES Phase II permit is not triggered even though the project is an acre in size because the grading will not exceed one acre. She also reviewed the project costs, noting they had been refined and were lower than at 50% design estimates. However, she noted that since 75% of the costs are from dredging, that even a slight change in unit cost for that work would have a large impact on the overall project cost. BCWMC June 21, 2018 Meeting Minutes Page 4 of 8 Engineer Chandler recommended requested that the Commission approve the plans and authorize the city to proceed with final plans, contract documents, and permitting. She also asked the Commission to consider the request from the city for reimbursement of easement development and acquisition costs of approximately $3,000. Commissioner Welch asked if there were any changes in the effectiveness of the project between the 50% plans and 90% plans. Engineer Chandler replied no. The only things that might change effectiveness are: if the MnDNR would not allow dredging to 6 feet or if construction costs are higher than expected. It was also noted that dump trucks will not be driving through any neighborhoods and will not access the project area through the apartment driveway. MOTION: Commissioner Welch moved to approve the 90% Design Plans for Bassett Creek Park Phase I Dredging Project: Winnetka Pond (BCP-2), authorize the city to proceed with final plans, contract documents, and permitting; and not to reimburse the city for easement development and acquisition costs. Commissioner Carlson seconded the motion. Discussion: Commissioner Carlson asked for clarification on the easement. Mr. Ray (Crystal TAC member) informed the Commission that it would be a permanent easement from the apartment owners and that the easement itself is being offered at no cost. Administrator Jester offered some context noting that approving this easement cost does not mean future easements will be reimbursed because the Watershed Plan states that easement costs will be considered an eligible project cost on a case-by-case basis. Commissioner Welch stated that there is no policy regarding easements so the Commission should not pay for easement costs without distinguishing criteria and a clearly articulated policy. He noted that considering costs on a case-by-case basis seems random and arbitrary. Commissioner Carlson said that he considers the easement as part of the project cost because the project cannot be done without the easement. Mr. Ray added that this easement is needed for the ability to maintain the project. There was consensus that a policy was needed to address this and similar issues regarding the need for criteria in determining eligible project costs. Administrator Jester noted the CIP Prioritization Committee might be able to address this. MOTION: Commissioner Harwell moved to amend the motion to add the $3,000 reimbursement for easement costs. Alt. Commissioner Crough seconded the motion. Upon a vote, the motion carried 5-3. [Welch, Byrnes and de Lambert voting against; City of Crystal was absent from the vote.] VOTE on original motion, as amended: Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.] B. Consider Approval of Final Report and Reimbursement Request for Honeywell Pond Expansion Project (BC-4) Administrator Jester reminded commissioners that at the August 2015 meeting, the Commission approved an agreement with the City of Golden Valley to design and construct this project. She noted the project is complete and the city is presenting a final report and requesting final reimbursement. Mr. Eckman (TAC member, Golden Valley) gave an overview of the project noting the project was completed in conjunction with Hennepin County’s Douglas Drive Reconstruction Project. He reported the project expanded Honeywell pond from a surface area of 1.5 acres to 2.4 acres which also increased the flood storage and dead storage of the pond. A 48-inch low-flow diversion pipe was installed from Douglas Drive to maximize the volume of water to Honeywell Pond from low-flow events. A native buffer was also installed to provide habitat around much of the pond. Mr. Eckman reported Honeywell Pond is also used as a source of irrigation water for the Sandburg athletic fields and is treated by an infiltration system that was installed along Douglas Drive. A pump system was installed along with a force main to allow the water to be pumped from the pond and run to the different sites. The pumps have automatic sensors that will not allow the pond to be pumped below a designated level. The project’s 90% design plans estimated that 61 lbs. of total phosphorus per year will be removed by the pond after expansion, compared to BCWMC June 21, 2018 Meeting Minutes Page 5 of 8 36 lbs./year prior to expansion. The irrigation and infiltration systems will remove an additional 15 lbs. of total phosphorus/year. Commissioner Welch recalled that the Commission agreed to allow a portion of the pollutant removal from this project to be used as part of the water quality requirements for the Douglas Drive reconstruction project because the city was also putting funding towards the CIP project. Administrator Jester noted that city costs for the project were expected to be $450,000 which is considerably more than the $153,000 reported to have been actually spent by the city. Mr. Eckman told the Commission that the agreement between the city and Commission states total maximum reimbursable cost to the city and he acknowledged that the city’s costs were less than expected, but that the agreement was followed. MOTION: Commissioner Scanlan moved to approve the final report and reimbursement request for Honeywell Pond Expansion Project (BC-4). Alternate Commissioner Crough seconded the motion. Discussion continued. It was noted the cooperative agreement does not address pollutant removal percentages. MOTION: Commissioner Welch moved to amend the prior motion by adding direction to staff to review pollutant removals and funding expectations on this project and come back with additional information at a future meeting. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.] VOTE on original motion, as amended: Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.] D. Receive Report on Status of Twin Lake Alum Treatment and Consider Recommendations Commission Engineer Chandler reminded the Commission that Twin Lake received the first phase of an alum treatment in the spring of 2015 (CIP project TW-2). She noted that the first phase delivered half of the total dosage of aluminum to immobilize phosphorus in the lake sediments and reduce internal phosphorus loading, protecting the high water quality of the lake. She reported the split dosage minimizes the potential impacts on aquatic biota and improves the overall treatment efficiency and longevity of the alum treatment. She reported that the Commission Engineer recently analyzed Twin Lake’s sediment and water quality data to determine when, or if, a second dose of alum is needed. Engineer Chandler walked through the results of the recent sediment and water testing, She reported that based on Barr’s review of the data, the first phase of alum treatment was very successful at controlling internal phosphorus loading and they do not feel that it would be beneficial to conduct the second phase of the alum treatment now. She noted the floc is still near the top of the sediment (as shown by the sediment core) and there are very low phosphorus levels in the bottom waters of the lake. She noted a second dose is likely to be necessary in the future and that staff recommends holding the CIP funds (approximately $71,000 remaining) until the second dose of alum treatment was needed. There was consensus among commissioners that this was a logical way to proceed. E. Receive Update on Process and Timelines on CIP Projects Administrator Jester reported that there are several atypical CIP project schedules. She updated the Commission on the status of these projects. Construction is delayed for the 2017 Main Stem Bassett Creek Erosion Repair Project (2017CR-M) because in late April (2018), the US Army Corps of Engineers issued an unanticipated letter requiring a field-based cultural and historical survey of the project area. The field work and reporting will take about 6-8 weeks after city approval and then the Corps requires additional time to review the report. Engineer Chandler noted that they are working with ACOE to understand if this unexpected requirement will be needed for all future CIP projects. Due to an unrelated BCWMC June 21, 2018 Meeting Minutes Page 6 of 8 situation, Pioneer Paper, a business/landowner from whom construction access is necessary to complete much of the project, is requesting a delay in the project so they can manage their storage issues. Because of these situations, it is anticipated that construction will proceed in the winter or spring of 2019. Construction is on schedule for winter of 2018-19 for the 2018 Bassett Creek Park Phase I Dredging Project: Winnetka Pond (BCP-2). Construction for the 2019 DeCola Ponds Improvement Project is also on schedule with the county board considering levy requests this summer, MnDNR grant agreement and contract to be signed in August, public hearing at August 16th BCWMC board meeting and project design slated to start in the fall of 2018. The 2019 Westwood Lake Improvement Project (WST-2) design is ahead of schedule. Design is ahead of schedule to coincide with design of the new nature center. 50% design plans are expected in July, even before the Commission officially orders the project and enters into an agreement with the city. Administrator Jester noted the city is aware of the slight financial risk they have to begin incurring costs on a project not yet ordered. 90% plans are expected at the August meeting. Construction is scheduled to being in the spring of 2019. 2020 Crane Lake Improvement Project via Ridgedale Drive (CL-3) feasibility/design is also ahead of schedule and in a similar situation as Westwood Lake with the city incurring costs well before the in BCWMC orders the project and enters into an agreement with the city. It’s expected the BCWMC will review a feasibility study late summer or early fall and review 60% and 90% designs in September and November of this year. The BCWMC won’t officially order the project until next summer. 2020 Bryn Mawr Meadows Improvement Project (BC-5) is ahead of schedule because it was recently moved from a 2019 project to a 2020 project. The Commission is expected to review the draft feasibility study in July and consider the final feasibility study and set the project budget for the 2020 levy late this summer. Next May the Commission will set the maximum levy for 2020. During the summer of 2019, the county board will consider the maximum levy request with BCWMC to hold a public hearing, order project, set the final levy, and enter into an agreement with the city to design and construct the project in the fall of 2019. 2020 Jevne Park Stormwater Pond (ML-21) is on typical schedule with a similar timeline as the above Bryn Mawr Meadows. F. Consider Approval of Blue Line LRT Wetland Conservation Act Notice of Decision Engineer Chandler told the Commission that the BCWMC is the local government unit (LGU) responsible for administering the Wetland Conservation Act (WCA) in the cities of Medicine Lake, Robbinsdale and St. Louis Park. The other member cities are the LGUs for WCA in BCWMC. She reminded commissioners that in 2016, the BCWMC delegated to BCWMC staff (Engineer and Administrator) the final decision-making authority for WCA exemption, no loss, and wetland boundary and type delineations. Engineer Chandler noted that in the BCWMC, the Blue Line LRT is located in the cities of Minneapolis, Golden Valley, Robbinsdale, and Crystal. Within BCWMC, the Blue Line LRT project only affects wetlands in Minneapolis, Golden Valley and Robbinsdale. Even though the BCWMC is the LGU only for Robbinsdale, the other cities requested BCWMC to do WCA administration assistance for the wetlands, but the cities are retaining their decision-making authority. Engineer Chandler reported that the Notice of Decision the BCWMC is being asked to approve covers three decisions in Robbinsdale: no loss, sequencing, and replacement plan. Because two of the decisions were not delegated to BCWMC staff, the Commission needs to make the final decision. A decision is needed by July 8th. Engineer Chandler reported that the entire Blue Line LRT project will impact nearly 15 acres of wetland. About 6.7 acres are permanent impacts that require 2:1 replacement. As a result, the wetland replacement plan calls for the purchase of 13.3112 acres of wetland banking credits. 6.556 acres of these banking credits are required for impacts within Robbinsdale. There are other impacts within the BCWMC, but they are under the jurisdiction of Minneapolis BCWMC June 21, 2018 Meeting Minutes Page 7 of 8 and Golden Valley. The Technical Evaluation Panel (TEP) recommended approval of the no loss activity, the wetland impact sequencing and the wetland replacement plan. The banking credits are to be purchased within Hennepin County and/or the watershed expanding to other counties within the U.S. Army Corps of Engineers’ bank service area. The only condition on the approval is that the purchase agreements and withdrawal transaction forms be provided as soon as they are available. The TEP recommended approval of the three decisions including purchasing banking credits. Engineer Chandler also recommended that the Commission support this and authorize the Commission Chair to sign the Notice of Decision form. MOTION: Commissioner Welch moved to approve the no loss, sequencing, and replacement plan for wetland impacted by the Blue Line LRT. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.] G. Consider Approval to Submit Comments on Golden Valley Surface Water Management Plan (SWMP) Administrator Jester noted that since the meeting materials went out, staff learned that the 60-day comment period for local water management plans needs to include not only the review and preparation of a comment letter, but also the approval or disapproval of the LWMP. Since there is not enough time for those actions to take place, she is recommending the Commission request an extension from the City of Golden Valley. MOTION: Commissioner Scanlan moved to request a 60-day extension and to submit comments on the Surface Water Management Plan to the City of Golden Valley. Commissioner Welch seconded the motion. Upon a vote, the motion carried 8-0. [City of Crystal absent from the vote.] Commissioner Welch stated that it would be good practice to approve local water management plans by resolution and to include a memo on how the city addressed comments and how ordinances were updated and/or incorporated into city code. 7. COMMUNICATIONS A. Administrator’s Report i. BCWMC is sponsoring a Smart Salt Training on September 26th with a focus on Level 1 for roads. She will distribute registration information soon. ii. The analysis of linear project requirements will be presented at the September Commission meeting. B. Chair Chair de Lambert gave a friendly reminder that the work of the committees is very important and that committee members should make efforts to attend committee meetings. C. Commissioners Commissioner Harwell reported that she attended a Metro GIS workshop on data collaboration and that attendees are looking for pilot study projects. She will bring more information to a future meeting. Commissioner Fruen noted that his niece works with the MnDNR on invasive plants in Lake Pepin and he found her work very interesting and applicable here. Commissioner Welch stated that the limited liability legislation for chloride didn’t pass, but it wasn’t likely due to political reasons. D. TAC Members Nothing to report E. Committees Commissioner Welch reported the CIP prioritization committee met and received a presentation from Minnehaha Creek Watershed District that should be given, in part, to commissioners at an upcoming meeting. F. Legal Counsel Nothing to report BCWMC June 21, 2018 Meeting Minutes Page 8 of 8 G. Engineer i. Zebra Mussels in Medicine Lake One adult zebra mussel was found in each of 4 distinct locations. The MnDNR indicates this population isn’t treatable because they are not limited to an isolated area. Three Rivers Park District is responsible for taking the lead on this issue, according to the BCWMC AIS Rapid Response plan. Staff contacted MAISRC regarding the situation and any recommendations. They haven’t yet received a response. Staff will follow up with MnDNR on a SCUBA survey and will distribute the map of zebra mussel locations. ii. Schaper Pond Effectiveness Monitoring The bathymetric survey and spring water quality sampling are complete. The carp survey hasn’t yet been completed. iii. Sweeney Lake Aeration Study BCWMC Results were reviewed at a meeting with city staff and the president of the Sweeney Lake Association. A public meeting will be held later this summer. 8. INFORMATION ONLY (Information online only) A. Administrative Calendar B. CIP Project Updates Chart http://www.bassettcreekwmo.org/projects C. Grant Tracking Summary and Spreadsheet D. WCA Notice of Decision, Plymouth E. One Water Summit (http://uswateralliance.org/summit/one-water-summit-2018) F. Upcoming Meetings & Events – BCWMC Regular Meeting: July 19th, 8:30 a.m., Golden Valley City Hall 9. ADJOURNMENT The meeting adjourned at 11:04 a.m. ________________________________________ Signature/Title Date ________________________________________ Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 3. E. 1. Approve Purchase of Galaxy HRE Modules for the Water Meter Reading System Upgrade Prepared By Tim Kieffer, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary Staff is upgrading the water meter reading system to the new Galaxy Fixed Base Meter Reading System. The radio transmitter module upgrade is an integral part of the meter reading system. Wireless Galaxy transmitter modules will be installed on every water meter throughout the City. Purchase and installation of the Galaxy radio module is required to read the water meters in the fixed base meter reading system. The purchase of the transmitter modules is funded by the Water and Sanitary Sewer Enterprise Account (W&SS‐063) as listed in the 2018 Capital Improvement Program for the amount of $600,000. Quotes were received from Metering and Technology Solutions and National Meter and Automation, Inc. The price quotes per Galaxy HRE Module and total cost for the purchase of 468 units are listed below. Staff will take additional quotes throughout the year once stock has been depleted. Vendor Price per Unit Units Total Cost Metering and Technology Solutions $212 468 $ 99,216 National Meter & Automation, Inc. $265 468 $124,020 Attachments  Water Meter Reading System Quotes (2 pages) Recommended Action Motion to approve purchase of 468 Galaxy HRE Modules from Metering and Technology Solutions in the amount of $99,216. NATIONAL QUOTATION METER & AUTOMATION --- 7220 South Fraser Street DATE: January 4th,2018 Centennial, CO 80112 QUOTED BY: Gabe Vargas Phone:303.339.9100 CUSTOMER EMAIL: jhansen(c�goldenvalleymn.gov Fax:303.649.1017 BILL TO: City of Golden Valley,MN. SHIP TO: City of Golden Valley,MN. Joe Hansen Joe Hansen Utilities Maint.Supervisor Utilities Maint.Supervisor SALESPERSON PAYMENT TERMS SHIPPING SHIPPING SUBJECT TO REVIEW METHOD TERMS House Acct. Net 30 Days Best Way FOB Centennial,CO. 12/31/2018 QTY Product Description UNIT PRICE AMOUNT 1 M25 5/8"x3/4"HRE LCD w/Galaxy Module $265.00 $265.00 1 M35 3/4"HRE LCD w/Galaxy Module $268.75 $268.75 1 M70 1"HRE LCD w/Galaxy Module $268.75 $268.75 1 M120 1 1/2"HRE LCD w/Galaxy Module $281.25 $281.25 1 M170 2"HRE LCD w/Galaxy Module $281.25 $281.25 1 Turbo HRE LCD w/Galaxy Module(To fit every Turbo meter size) $318.75 $318.75 1 Compound Dbl HRE LCD w/Dbl Galaxy Module $606.25 $606.25 1 Accessory Kit for Galaxy Module $20.50 $20.50 SUBTOTAL $ 2,310.50 Sales Tax: To be quoted at time of order SALES TAX Est. Lead Time: 4 to 6 weeks ARO FREIGHT Add TOTAL $ 2,310.50 THANK YOU FOR YOUR BUSINESSI I This quotation is an offer subject to the Terms and Conditions available on our website: www.nationalmeter.com/legal PRICE QUOTATION METERING AND Date December 5, 2017 TECHNOLOGY SOLUTIONS MTS is your authorized Badger Meter Distributor FOR: 11551 Rupp Drive Burnsville, MN 55337 Joe Hansen City of Golden Valley Office: (952) 242-1960 Utilities Maint. Supervisor Toll Free:(877) 398-0450 Email iliansen(ugoldenvalleyrnn.gov Fax: (952) 882-6350 RE: 2018 GALAXY Upgrade Pricing - Register + GALAXY Module Line Quantity Product Description Price U/M A Any Model 25 Gallon HRE with GALAXY Module $212.00 each B Any Model 35 Gallon HRE with GALAXY Module $215.00 each C Any Model 70 Gallon HRE with GALAXY Module $215.00 each D Any Model 120 Gallon HRE with GALAXY Module $225.00 each E Any Model 170 Gallon HRE with GALAXY Module $225.00 each F G Any Turbo Series HRE with GALAXY Module, All Sizes $255.00 each H Any Compound Series (2) Gallon HRE + (2) GALAXY Modules $485.00 each J K L M N O Estimated 4 Weeks A.R.O. Payment Terms: Net 30 FOB: Burnsville, MN Delivery: Above prices are good through MTS Contact: Joe MereneSS 12/31/2018 Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 3. F. Receipt of June 2018 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 June 2018, the City has used $7,904,624 of fund balance to balance the General Fund Budget. Attachments • June 2018 General Fund (2 pages) • June 2018 Conservation/Recycling Fund (1 page) • June 2018 Water and Sewer Utility Fund (1 page) • June 2018 Brookview Golf Course (1 page) • June 2018 Motor Vehicle Licensing (1 page) • June 2018 Storm Utility Fund (1 page) • June 2018 Equipment Replacement Fund (1 page) • June 2018 Brookview Center Fund (1 page) • June 2018 Human Services Fund (1 page) • June 2018 Building Improvement Fund (1 page) • June 2018 Park Improvement Fund (1 page) Recommended Action Motion to receive and file the June 2018 Financial Reports. 50.00% Over % 2018 June YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $17,253,460 0 8,759 ($17,244,701)0.05%(1) Licenses 220,980 18,340 186,050 ($34,930)84.19% Permits 929,785 258,132 860,952 ($68,833)92.60% State Aid 52,375 6,013 8,414 ($43,961)16.06%(2) County Aid 0 1,116 Charges For Services: General Government 25,250 227 7,359 ($17,891)29.14% Public Safety 160,900 49,365 147,225 ($13,675)91.50% Public Works 163,600 24,504 89,061 ($74,539)54.44% Park & Rec 415,550 45,194 173,362 ($242,188)41.72% Other Funds 691,500 69,654 352,949 ($338,551)51.04% Fines & Forfeitures 320,000 37,517 164,475 ($155,525)51.40%(3) Interest On Investments 75,000 0 0 ($75,000)0.00%(4) Miscellaneous Revenue 193,000 17,934 102,700 ($90,300)53.21% Transfers In 30,000 2,500 15,000 ($15,000)50.00%(5) TOTAL Revenue $20,531,400 $529,380 $2,117,422 ($18,415,094)10.31% 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. LGA is paid in July, Dec ($37,185 total). (3) Fines/Forfeitures are thru for May 2018. (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 June 2018 (unaudited) Over % 2018 June YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $370,935 37,092 173,743 ($197,192)46.84%(3) 003 City Manager 813,410 54,675 361,831 (451,579)44.48% 004 Transfers Out 1,982,580 1,100,000 1,982,580 0 100.00%(1) 005 Admin. Services 1,986,970 109,828 828,673 (1,158,297)41.71% 006 Legal 158,100 24,088 109,025 (49,075)68.96%(2) 007 Risk Management 310,000 131,503 132,500 (177,500)42.74% 011 General Gov't. Bldgs.732,680 37,891 309,284 (423,396)42.21% 016 Planning 409,655 24,243 155,550 (254,105)37.97% 018 Inspections 811,280 60,638 350,162 (461,118)43.16%(4) 022 Police 6,204,575 444,561 2,668,651 (3,535,924)43.01% 023 Fire 1,561,150 133,973 686,681 (874,469)43.99%(3) 035 Physical Dev Admin 309,505 21,215 144,841 (164,664)46.80% 036 Engineering 776,095 53,279 323,509 (452,586)41.68% 037 Streets 1,790,925 87,703 741,319 (1,049,606)41.39% 066 Park & Rec. Admin.737,210 53,389 328,115 (409,095)44.51% 067 Park Maintenance 1,215,945 137,417 564,927 (651,018)46.46% 068 Recreation Programs 445,385 38,805 160,655 (284,730)36.07% TOTAL Expenditures $20,616,400 $2,550,300 $10,022,046 ($10,594,354)48.61% (1) Transfers were made in June, 2018 except for Equipment Transfer of $882,580. (2) Legal services are billed thru May. Staff Attorney started 7-16. (3) 2017 Fund Balance Assigned -$65,,000 Fire ;$20,000 Council April 17, 2018 (4) 2018 Fund Balance Amended -$42,,000 Inspections Council April 3, 2018 City of Golden Valley Monthly Budget Report - General Fund Expenditures June, 2018 (unaudited) Division Over 2018 June YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 42,875 0 0 (42,875)0.00%(4) Recycling Charges 382,520 29,603 161,277 (221,243)42.16%(2) Miscellaneous Revenues 8,000 0 0 (8,000) Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 437,395 29,603 161,277 (276,118)36.87% Expenses: Recycling 461,605 24,010 197,790 (263,815)42.85%(3) Total Expenses 461,605 24,010 197,790 (263,815)42.85% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru June 2018. (3) This includes the recycling services thru May2018. (4) Grant reduced due to no compost program. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund June 2018 (unaudited) Over 2018 June YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 4,571,280 456,204 1,865,721 (2,705,559)40.81%(1) Emergency Water Supply 183,080 20,451 84,584 (98,496)46.20% Sewer Charges 3,512,300 341,352 1,883,661 (1,628,639)53.63% Meter Sales 20,000 541 16,011 (3,989)80.06% Penalties 130,000 752 78,248 (51,752)60.19% Charges for Other Services 100,000 2,701 54,210 (45,790)54.21% State Water Testing Fee Pass Through 46,000 3,400 19,154 (26,846)41.64% Sale of Assets 10,000 0 3,459 (6,541)34.59% Franchise Fees 1,000,000 0 0 (1,000,000)0.00% Certificate of Compliance 75,000 9,200 35,800 (39,200)47.73% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 9,672,660 834,601 4,040,848 (5,631,812)41.78% Expenses: Utility Administration 2,930,400 190,117 871,952 (2,058,448)29.76% Sewer Maintenance 3,088,750 244,841 1,623,916 (1,464,834)52.58% Water Maintenance 4,712,065 339,626 1,871,589 (2,840,476)39.72% Total Expenses 10,731,215 774,584 4,367,457 (6,363,758)40.70% City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund June 2018 (unaudited) Over 2018 June YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 920,950 153,246 313,301 (607,649)34.02% Driving Range Fees 180,000 33,996 78,660 (101,340)43.70% Par 3 Fees 170,000 40,435 61,771 (108,229)36.34% Lawn Bowling 30,000 19 19 (29,981)0.06% Pro Shop Sales 90,000 16,440 39,953 (50,047)44.39% Pro Shop Rentals 300,000 55,073 106,463 (193,537)35.49% Concession Sales 889,960 162,448 519,537 (370,423)58.38% Other Revenue 182,500 12,671 174,461 (8,039)95.60%(3) Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax (30,000)0 (4,425)25,575 14.75% Total Revenue 2,738,410 474,328 1,289,740 (1,448,670)47.10% Expenses: Golf Operations 802,410 77,429 333,480 (468,930)41.56%(2) Course Maintenance 1,219,520 100,800 762,680 (456,840)62.54% Pro Shop 124,400 12,516 83,342 (41,058)67.00% Grill 647,710 131,319 584,422 (63,288)90.23% Driving Range 74,300 13,545 25,369 (48,931)34.14% Par 3 Course 26,640 5,279 11,379 (15,261)42.71% Lawn Bowling 8,380 0 1,344 (7,036)16.04% Banquet Staffing 25,400 4,336 14,768 (10,632)58.14% Total Expenses 2,928,760 345,224 1,816,784 (1,111,976)62.03% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Includes the trade-in of golf carts -$100,500. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund June2018 (unaudited) Course opened April 27 Over 2018 June YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 2,880 0 0 (2,880)0.00%(1) Charges for Services 469,965 39,133 239,010 (230,955)50.86% Total Revenue 472,845 39,133 239,010 (233,835)50.55% Expenses: Motor Vehicle Licensing 423,335 33,625 204,778 (218,557)48.37% Total Expenses 423,335 33,625 204,778 (218,557)48.37% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund June 2018 (unaudited) Over 2018 June YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 0 0 0 Storm Sewer Charges 2,475,000 197,882 1,139,359 (1,335,641)46.03% Bassett Creek Watershed 0 149,429 149,429 149,429 (5) Miscellaneous Receipts 313,300 0 4,500 (308,800) Sale or Loss of Assets 0 0 1,500 1,500 Total Revenue 2,838,300 347,311 1,294,788 (1,543,512)45.62% Expenses: Storm Utility 2,707,450 56,757 740,263 (1,967,187)27.34%(2) (3) Street Cleaning 128,595 5,671 53,148 (75,447)41.33% Environmental Control 336,790 13,874 100,696 (236,094)29.90% Debt Service Payments 65,000 0 31,750 (33,250)0.00%(3) Total Expenses 3,237,835 76,302 925,857 (2,311,978)28.59%(4) (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. (4) Reserves are being used that were planned. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund June 2018 (unaudited) 2018 Equipment Replacement Fund (CIP) - Fund 5700 2018 June YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 0 75,650 40,650 Miscellaneous 0 0 20,399 20,399 DUI Fund Transfer 40,000 50,000 130,000 Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 98,538 50,000 226,049 37,511 (4) Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)100,000 46,297 180,216 (80,216)(5) 5702 V&E-002 Computers and Printers (Finance)80,000 16,657 45,497 34,503 (1) V&E-009 Front End Loader (Street)260,000 0 0 260,000 V&E-022 Sign Truck (Street)120,000 0 0 120,000 5760 V&E-037 Aerial Ladder (Fire)575,000 0 905,753 (330,753)(2) V&E-060 Rescue Vehicle (Fire)90,000 1,315 1,315 88,685 V&E-095 Pickup Truck (Police)40,000 0 0 40,000 V&E-116 Bobcat Toolcat (Park)50,000 0 0 50,000 V&E-130 Rotary Mower (Park)25,000 13,996 13,996 11,004 5709 V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 6,048 148,167 (124,097)(3) V&E-145 Skid Steer Loader (Street)55,000 0 0 55,000 5710 V&E-151 Fire Pumper (Fire)600,000 0 601,145 (1,145) Total Expenditures 2,019,070 84,313 1,896,089 124,126 (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2) In 2017, this included $400,000 for the first half payment that was not billed until 2018. (3) In 2016, a transfer was made to the equipment replacement fund to purchase video dash cams and body cameras together. (4) In 2017, $1,200,000 was transferred from positive performance. (5) In 2018, monies were transferred for an additional squad from the DUI Fund. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. Over 2018 June YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 157,815 10,879 51,481 (106,334)32.62% Backyard Play Area 326,500 13,173 119,759 (206,741)36.68% Miscellaneous Revenues 5,500 0 0 (5,500)0.00% Interest on Investments 100 0 0 (100)0.00%(1) Total Revenue 489,915 24,052 171,240 (318,675)34.95% Expenses: General Area Rooms 290,790 24,778 121,249 (169,541)41.70%(2) Indoor Play Area 107,210 3,491 34,985 (72,225)32.63% Banquet Facility 87,945 4,356 33,633 (54,312)38.24% Total Expenses 485,945 32,625 189,867 (296,078)39.07% (1) Interest Earnings are allocated at year-end. (2) Staff Time/Supplies for Brookview Rental City of Golden Valley Monthly Budget Report - Brookview Center Special Revenue Fund June 2018 (unaudited) Over 2018 June YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 2,395 16,971 (13,029)56.57%(3) Fundraisers 30,000 30 19,554 (10,446)65.18%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 2,425 36,525 (24,175)60.17% Expenses: Supplies 17,100 26 6,001 (11,099)35.09% Allocations 60,000 2,225 26,500 (33,500)44.17%(2) (5) Total Expenses 77,100 2,251 32,501 (44,599)42.15% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2018 are $60,000. (3) Pull Tab revenues are thru May. (4) Solicitation Letters -$2,377.02-YTD; should be allocated to designation (4) Run/Walk -$17,177 YTD (5) Crisis Connection is closing June 30. The $1750 will be allocated in 2019. Fund Balance at 12/31/17 was $213,524. City of Golden Valley Monthly Budget Report - Human Services Fund June 2018 (unaudited) 2018 Building Improvement Fund (CIP) - Fund 5200 2018 June YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 350,000 350,000 350,000 0 (1) Interest Earnings (allocated at year end)7,718 0 0 (7,718) Total Revenues 357,718 350,000 350,000 (7,718) Expenditures: Project Name 5211 Carpet Replacement-City Buildings 30,000 19,880 19,880 10,120 Generators 35,000 0 0 35,000 Air Compressor 10,000 0 0 10,000 5215 Installation of Building Security Systems 30,000 10,279 16,158 13,842 5201 Public Buildings Roof Replacement 270,000 0 25,318 244,682 5208 Workstation Replacements 40,000 0 45,001 (5,001) Window Replacements-Various Buildings 25,000 0 0 25,000 Total Expenditures 440,000 30,159 106,357 333,643 (1)Transfer were made in June. 2018 Park Improvement Fund (CIP) - Fund 5600 2018 June YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 300,000 300,000 300,000 0 Park Dedication Fee 0 0 0 0 Hennepin County Youth Sports Grant 150,000 150,000 150,000 0 Little League/Youth Associations/Play Eq Grants 15,000 0 0 (15,000) Other Donations 0 0 0 0 Interest Earnings (allocated at year end)4,915 0 0 (4,915) Total Revenues 469,915 450,000 450,000 (19,915) Expenditures: Project Name Bleacher, Etc Replacement 25,000 0 23,288 1,712 Park Trail and Parking Lot Improvements 40,000 8,100 8,100 31,900 Play Structure Replacement 55,000 14,447 14,528 40,472 Ball Field Lighting 250,000 22,331 259,502 (9,502) Outdoor Basketball and Hoop Replacement 28,000 0 0 28,000 Park Signage Replacement 10,000 0 10,658 (658) Sun Shelter Replacement/Additions 50,000 47,913 52,572 (2,572) Tennis & Pickle Ball Court Resurfacing 30,000 17,217 17,217 12,783 Wildwood Pickleball Courts 60,000 0 0 60,000 Relamp Athletic Field and Rink Lights 25,000 11,917 11,917 13,083 Dugout, Fence and Field Replacement 55,000 1,970 3,251 51,749 Tennis Court Reconstruction 150,000 0 0 150,000 Total Expenditures 778,000 123,895 401,033 376,967 Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 3. G. Approval of Letter of Support for Interim Bus Service along Highway 169 Prepared By Jason Zimmerman, Planning Manager Summary In November of 2017, the City Council voted to support future Bus Rapid Transit (BRT) service on Highway 169 in accordance with the recommendations of the Highway 169 Mobility Study. The study – conducted by SRF Consulting and involving MnDOT, Scott County, and a number of suburban communities – outlined future transit service along Highway 169 from Shakopee to Golden Valley and then along Highway 55 from Golden Valley to Minneapolis. This route is consistent with the goals and objectives of the City’s 2040 Comprehensive Plan. Scott County is now requesting federal funding to implement Phase I of the study which would provide interim bus service in the corridor and begin to build transit ridership that would eventually transition to high frequency rapid transit. Golden Valley has been asked to provide a letter of support for this initiative. Attachments • Letter of Support (1 page) Recommended Action Motion to approve Letter of Support for Scott County’s application for funding for Highway 169 Interim Bus Service as recommended by the Highway 169 Mobility Study. August 8, 2018 Ms. Lisa Freese Director, Transportation Services Division Scott County 600 Country Trail East Jordan, MN 55352 RE: Highway 169 Interim Bus Service Dear Ms. Freese: The City of Golden Valley is aware that Scott County is applying for federal CMAQ funding through the Metropolitan Council's Regional Solicitation process for interim bus service from Shakopee to Golden Valley on the TH 169 Corridor. Golden Valley actively participated in the TH 169 Mobility Study led by MnDOT, which studied the feasibility of MnPass and Bus Rapid Transit (BRT) service for the corridor. The interim bus service proposed by Scott County in this application was recommended as an initial step in the study’s implementation plan in order to build transit ridership along the corridor prior to implementation of Bus Rapid Transit (BRT) service on TH 169 and TH 55 from Scott County to downtown Minneapolis. The interim service will provide Phase I suburb to suburb connections in Shakopee, Bloomington/Eden Prairie, Hopkins, and Golden Valley as proposed in the study’s implementation plan. The City supports the efforts of Scott County to move the interim bus service forward consistent with the 169 Mobility Study. We acknowledge and support the interim bus stops that would be located in Golden Valley. Our focus will continue to be on redevelopment that encourages transit supportive design and amenities, including better bike and pedestrian network connections within a half mile of the proposed stops. Golden Valley is supportive of the Regional Solicitation application and recognizes the importance of this interim service in setting the stage for the development of the BRT. Please let me know if there is any additional information you need from us regarding this funding request. Sincerely, Timothy J. Cruikshank City Manager From: George Maxwell Sent: Friday, July 13, 2018 12:34 PM To: Zimmerman, Jason <JZimmerman@goldenvalleymn.gov> Cc: Wittman, Lisa <LWittman@goldenvalleymn.gov> Subject: Resignation from BZA Jason Lisa asked me to send you my official resignation email. I am resigning from my BZA position as I have moved out of the city limits. George Maxwell Sent from my iPhone Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 6. A. Second Consideration - Addition of 6.27: Protection of Tenants in Affordable Housing Prepared By Jason Zimmerman, Planning Manager Summary At the July 17, 2018, City Council meeting, the Council gave first consideration of a Tenant Protection Ordinance which would guarantee certain benefits for tenants in affordable housing units during a three month period after the sale of an affordable building. Along with their approval, the Council asked staff to investigate a revision to the ordinance that would allow relocation assistance to adjust automatically so that it would stay current over time. Staff has added such language and is recommending the Council approve the second consideration of the ordinance. The relocation assistance in the Tenant Protection Ordinance consists of two pieces – funds to cover moving costs, as set by the Federal Transit Administration (FTA), and an amount equal to two months of rent at the 60 percent AMI level for an equivalent type of unit. While the FTA updates the moving expenses figure only occasionally, the Metropolitan Council calculates and adjusts the AMI every year. For 2018, these amounts are: Studio/Single Room One Bedroom Two Bedroom Three+ Bedrooms Moving Expenses 1 $725 $925 $1,125 $1,325 Rent at 60% AMI 2 $991 $1,062 $1,273 $1,471 1 https://www.fhwa.dot.gov/real_estate/uniform_act/relocation/moving_cost_schedule.cfm 2 https://metrocouncil.org/Communities/Services/Livable-Communities-Grants/2017-Ownership-and-Rent- Affordability-Limits.aspx Staff has prepared language that explains the basis for the calculation and requires the relocation assistance amount to be adjusted annually, using the most current moving expense and AMI figures available. The adjusted relocation assistance amount will take effect on January 1 of each calendar year. Because relocation benefits include two months of rent, the total relocation assistance for 2018 would be: Studio/Single Room One Bedroom Two Bedroom Three+ Bedrooms Relocation Assistance $2,707 $3,059 $3,671 $4,267 In summary, the attached ordinance contains the following provisions: • Upon the sale or transfer of an affordable multi-family building (one with three or more units and at least 15 percent of the units qualifying as affordable), within 30 days the new owner must notify each affordable unit of the change in ownership. • If, during the three months following notification, the property owner terminates or fails to renew a lease without cause, the owner is responsible for paying certain relocation fees to the displaced tenant. • If, during the three months following notification, a rent increase goes into effect or the property owner re-screens a tenant, and the tenant give notice to terminate the lease, the owner is responsible for paying certain relocation fees to the displaced tenant. • If the owner fails to notice the tenants in affordable units in the mandatory period of time or fails to pay the required relocations costs, the owner may be subject to an Administrative Citation and a financial penalty. In this case, the City would collect the amount of the relocation costs and pay the displaced tenant directly. • These provisions apply to each individual affordable unit within an affordable multi-family building. Staff is recommending delaying the effective date of this ordinance for two months in order to allow for education of the multi-family property owners and to collect information about the number and nature of affordable units currently in the city. In addition, the ordinance will expire after five years in order to encourage a review and evaluation of the effectiveness of the program. Attachments • Underlined/Overstruck Version of Ordinance #642, Protection of Tenants in Affordable Housing (4 pages) • Ordinance #642, Protection of Tenants in Affordable Housing (4 pages) • Summary of Ordinance #642 for Publication (1 page) Recommended Action Motion to adopt second consideration, Ordinance #642, adding City Code Section 6.27, Protection of Tenants in Affordable Housing. Motion to approve Summary of Ordinance #642 for Publication. ORDINANCE NO. 642, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Protection of Tenants in Affordable Housing The City of Golden Valley, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 6 entitled “Other Business Regulation and Licensing” is amended by adding the following: Section 6.27 Protection of Tenants in Affordable Housing Subdivision 1. Definitions The following definitions apply in this Section of this Code. References to “Section” are unless otherwise specified, references to this Section of this Code. Defined terms remain defined terms, whether or not capitalized. A. Affordable Housing Building: A multi-family rental housing building having three or more housing units, where at least 15 percent of the units rent for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. B. Affordable Housing Unit: A rental unit in an affordable housing building that rents for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. C. Cause: The tenant or a member of the tenant’s household materially violated a term of the lease or violated a provision of City Code Section 6.29, Subdivision 4(I) Crime Free/Drug Free Lease Addendum Requirements. D. Tenant Protection Period: The period that commences on the date when a real estate closing transfers ownership of an affordable housing building and ends on the last day of the third calendar month following the month in which written notice of the transfer is sent to each affordable housing unit tenant pursuant to Subdivision 3 of this Section. Subdivision 2. Relocation Assistance A. If, during the tenant protection period, the new owner of an affordable housing building terminates or refuses to renew any affordable housing unit tenant’s rental agreement without cause, then upon terminating or refusing to renew the tenant’s lease, the new owner shall pay to the tenant, as relocation assistance, no later than the day upon which the tenant vacates the unit, a payment in an amount equal to the Federal Highway Administration Fixed Payment for Moving Expenses for the state of Minnesota as published in the Fixed Residential Moving Cost Schedule pursuant to section 202(b) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, plus two times the rental housing affordability limit at 60% Area Median Income for the Twin Cities metro area as published by the Metropolitan Council. The relocation benefit shall be adjusted annually based on updated figures from the Federal Highway Administration and the Metropolitan Council, and the adjusted relocation benefit shall take effect on January 1 of each calendar year. The amounts in effect for the 2018 calendar year are as follows: $2,600 for a studio or single room occupancy dwelling unit, $3,000 for a one-bedroom dwelling unit, $3,600 for a two-bedroom dwelling unit, and $4,100 for a three-bedroom or larger dwelling unit. Studio/Single Room One Bedroom Two Bedroom Three+ Bedrooms Moving Expenses $725 $925 $1,125 $1,325 Rent at 60% AMI $991 $1,062 $1,273 $1,471 Total Relocation Assistance $2,707 $3,059 $3,671 $4,267 B. If, during the tenant protection period, a rent increase goes into effect on any affordable housing unit, or the new owner of an affordable housing building raises any affordable housing unit tenant’s rent, or the new owner rescreens an existing affordable housing unit tenant, and the tenant gives written notice to the new owner to terminate the rental agreement, the new owner shall, within 30 days of receiving tenant’s written notice of termination of the rental agreement, pay to the tenant as relocation assistance, a payment in the amount equal to the Federal Highway Administration Fixed Payment for Moving Expenses for the state of Minnesota as published in the Fixed Residential Moving Cost Schedule pursuant to section 202(b) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, plus two times the rental housing affordability limit at 60% Area Median Income for the Twin Cities metro area as published by the Metropolitan Council. The relocation benefit shall be adjusted annually base on updated figures from the Federal Highway Administration and the Metropolitan Council, and the adjusted relocation benefit shall take effect on January 1 of each calendar year. The amounts in effect for the 2018 calendar year are as follows: $2,600 for a studio or single room occupancy dwelling unit, $3,000 for a one-bedroom dwelling unit, $3,600 for a two-bedroom dwelling unit, and $4,100 for a three-bedroom or larger dwelling unit. Studio/Single Room One Bedroom Two Bedroom Three+ Bedrooms Moving Expenses $725 $925 $1,125 $1,325 Rent at 60% AMI $991 $1,062 $1,273 $1,471 Total Relocation Assistance $2,707 $3,059 $3,671 $4,267 Subdivision 3. Notice A. Whenever ownership of an affordable housing building shall transfer, the new owner shall, within 30 days of the date on which a real estate closing transfers ownership of the affordable housing building, give written notice to each affordable housing unit tenant of the building that the property is under new ownership stating: 1. The name, mailing address, and telephone number of the new owner. 2. This Section of City Code provides for a tenant protection period for affordable housing unit tenants. Under this Section, affordable housing unit tenants may be entitled to relocation assistance from the new owner if the new owner terminates or does not renew the tenant’s rental agreement without cause within the tenant protection period. Affordable housing unit tenants may also be entitled to relocation assistance from the new owner if the owner raises the rent or initiates a tenant rescreening process within the tenant protection period and the tenant terminates their rental agreement. 3. Whether there will be any rent increase within the tenant protection period with the amount of the rent increase and the date the rent increase will take effect. 4. Whether the new owner will require existing affordable housing unit tenants to be re-screened to determine compliance with existing or modified residency screening criteria during the tenant protection period and if so, a copy of the screening criteria. 5. Whether the new owner will terminate or not renew rental agreements without cause during the tenant protection period and if so, notice to the affected affordable housing unit tenants whose rental agreements will terminate, including the date the rental agreements will terminate. 6. Whether the new owner intends to increase rent, require existing affordable housing unit tenants to be rescreened to determine compliance with existing or modified residency screening criteria, or terminate or not renew affordable housing unit rental agreements without cause on the day immediately following the tenant protection period. B. The new owner shall provide a copy of the notice required by this part to the City at the same time notice is provided to the tenants. The new owner of an affordable housing building shall not terminate or not renew a tenant’s rental agreement without cause, raise rent, or rescreen existing tenants during the tenant protection period without giving the notice required by this part. Subdivision 4. Penalty A. A violation of Subdivision 2 of this Section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 2.90. Notwithstanding any provision of City Code Section 2.90, Subdivision 3(E), the penalty for a violation of Subdivision 2 of this Section shall be the sum of the applicable amount of relocation assistance plus $500. B. A violation of Subdivision 3 of this Section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 2.90. C. A violation of this ordinance as to each dwelling unit shall constitute a separate offense. Subdivision 5. Violation Within 30 days after a person pays the penalty provided for in Subdivision 4(A) of this Section to the City, the City shall pay to the displaced tenant of the affordable housing unit for which the violation occurred an amount equal to the relocation assistance provided for in Subdivision 2 of this Section. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sec. 6.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect October 1, 2018, after its passage and publication as required by law and expire on September 30, 2023. Adopted by the City Council this 17 8th day of July August, 2018. /s/Shepard M. Harris, Mayor Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk ORDINANCE NO. 642, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Protection of Tenants in Affordable Housing The City of Golden Valley, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 6 entitled “Other Business Regulation and Licensing” is amended by adding the following: Section 6.27 Protection of Tenants in Affordable Housing Subdivision 1. Definitions The following definitions apply in this Section of this Code. References to “Section” are unless otherwise specified, references to this Section of this Code. Defined terms remain defined terms, whether or not capitalized. A. Affordable Housing Building: A multi-family rental housing building having three or more housing units, where at least 15 percent of the units rent for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. B. Affordable Housing Unit: A rental unit in an affordable housing building that rents for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. C. Cause: The tenant or a member of the tenant’s household materially violated a term of the lease or violated a provision of City Code Section 6.29, Subdivision 4(I) Crime Free/Drug Free Lease Addendum Requirements. D. Tenant Protection Period: The period that commences on the date when a real estate closing transfers ownership of an affordable housing building and ends on the last day of the third calendar month following the month in which written notice of the transfer is sent to each affordable housing unit tenant pursuant to Subdivision 3 of this Section. Subdivision 2. Relocation Assistance A. If, during the tenant protection period, the new owner of an affordable housing building terminates or refuses to renew any affordable housing unit tenant’s rental agreement without cause, then upon terminating or refusing to renew the tenant’s lease, the new owner shall pay to the tenant, as relocation assistance, no later than the day upon which the tenant vacates the unit, a payment in an amount equal to the Federal Highway Administration Fixed Payment for Moving Expenses for the state of Minnesota as published in the Fixed Residential Moving Cost Schedule pursuant to section 202(b) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, plus two times the rental housing affordability limit at 60% Area Median Income for the Twin Cities metro area as published by the Metropolitan Council. The relocation benefit shall be adjusted annually based on updated figures from the Federal Highway Administration and the Metropolitan Council, and the adjusted relocation benefit shall take effect on January 1 of each calendar year. The amounts in effect for the 2018 calendar year are as follows: Studio/Single Room One Bedroom Two Bedroom Three+ Bedrooms Moving Expenses $725 $925 $1,125 $1,325 Rent at 60% AMI $991 $1,062 $1,273 $1,471 Total Relocation Assistance $2,707 $3,059 $3,671 $4,267 B. If, during the tenant protection period, a rent increase goes into effect on any affordable housing unit, or the new owner of an affordable housing building raises any affordable housing unit tenant’s rent, or the new owner rescreens an existing affordable housing unit tenant, and the tenant gives written notice to the new owner to terminate the rental agreement, the new owner shall, within 30 days of receiving tenant’s written notice of termination of the rental agreement, pay to the tenant as relocation assistance, a payment in an amount equal to the Federal Highway Administration Fixed Payment for Moving Expenses for the state of Minnesota as published in the Fixed Residential Moving Cost Schedule pursuant to section 202(b) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, plus two times the rental housing affordability limit at 60% Area Median Income for the Twin Cities metro area as published by the Metropolitan Council. The relocation benefit shall be adjusted annually based on updated figures from the Federal Highway Administration and the Metropolitan Council, and the adjusted relocation benefit shall take effect on January 1 of each calendar year. The amounts in effect for the 2018 calendar year are as follows: Studio/Single Room One Bedroom Two Bedroom Three+ Bedrooms Moving Expenses $725 $925 $1,125 $1,325 Rent at 60% AMI $991 $1,062 $1,273 $1,471 Total Relocation Assistance $2,707 $3,059 $3,671 $4,267 Subdivision 3. Notice A. Whenever ownership of an affordable housing building shall transfer, the new owner shall, within 30 days of the date on which a real estate closing transfers ownership of the affordable housing building, give written notice to each affordable housing unit tenant of the building that the property is under new ownership stating: 1. The name, mailing address, and telephone number of the new owner. 2. This Section of City Code provides for a tenant protection period for affordable housing unit tenants. Under this Section, affordable housing unit tenants may be entitled to relocation assistance from the new owner if the new owner terminates or does not renew the tenant’s rental agreement without cause within the tenant protection period. Affordable housing unit tenants may also be entitled to relocation assistance from the new owner if the owner raises the rent or initiates a tenant rescreening process within the tenant protection period and the tenant terminates their rental agreement. 3. Whether there will be any rent increase within the tenant protection period with the amount of the rent increase and the date the rent increase will take effect. 4. Whether the new owner will require existing affordable housing unit tenants to be re-screened to determine compliance with existing or modified residency screening criteria during the tenant protection period and if so, a copy of the screening criteria. 5. Whether the new owner will terminate or not renew rental agreements without cause during the tenant protection period and if so, notice to the affected affordable housing unit tenants whose rental agreements will terminate, including the date the rental agreements will terminate. 6. Whether the new owner intends to increase rent, require existing affordable housing unit tenants to be rescreened to determine compliance with existing or modified residency screening criteria, or terminate or not renew affordable housing unit rental agreements without cause on the day immediately following the tenant protection period. B. The new owner shall provide a copy of the notice required by this part to the City at the same time notice is provided to the tenants. The new owner of an affordable housing building shall not terminate or not renew a tenant’s rental agreement without cause, raise rent, or rescreen existing tenants during the tenant protection period without giving the notice required by this part. Subdivision 4. Penalty A. A violation of Subdivision 2 of this Section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 2.90. Notwithstanding any provision of City Code Section 2.90, Subdivision 3(E), the penalty for a violation of Subdivision 2 of this Section shall be the sum of the applicable amount of relocation assistance plus $500. B. A violation of Subdivision 3 of this Section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 2.90. C. A violation of this ordinance as to each dwelling unit shall constitute a separate offense. Subdivision 5. Violation Within 30 days after a person pays the penalty provided for in Subdivision 4(A) of this Section to the City, the City shall pay to the displaced tenant of the affordable housing unit for which the violation occurred an amount equal to the relocation assistance provided for in Subdivision 2 of this Section. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sec. 6.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect October 1, 2018, after its passage and publication as required by law and expire on September 30, 2023. Adopted by the City Council this 8th day of August, 2018. /s/Shepard M. Harris, Mayor Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk SUMMARY OF ORDINANCE NO. 642, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Adding Section 6.27: Protection of Tenants in Affordable Housing This is a summary of the provisions of the above Ordinance which has been approved for publication by the City Council. This Ordinance adds language to the City Code in the above noted section to guarantee certain relocation benefits for tenants in affordable housing units during a three month period after the sale of an affordable rental building. This ordinance shall take effect on October 1, 2018. A copy of the full text of this Ordinance is available from the City Clerk’s Office. Adopted by the City Council this 8th day of August 2018. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 6. B. Second Consideration - Amendment to Section 2.57: Golden Valley Human Services Fund Prepared By Brian Erickson, Recreation Supervisor Aaron Black, Chair Denise La Mere - Anderson, Vice Chair Summary Tonight is the second consideration of Ordinance #643 amending the City Code Section 2.57: Human Services Fund. The first Consideration of the Ordinance was held at the July 17, 2018, Council Meeting. The Golden Valley Human Services Fund has proposed the following changes to the City Code: Name: Proposed changing the name from Human Services Fund to Human Services Commission. Membership: Proposed changing the membership from 13 total members to: • 7 regular members • 2 business/community members • 1 voting youth members Attachments: • City Code Section 2.57: Human Services Fund underlined/overscore version (1 page) • City Code Section 2.57: Human Services Fund (1 page) • Ordinance #643, amending the City Code by amending Section 2.57: Human Services Fund (1 page) Recommended Action Motion to adopt second consideration, Ordinance #643, amending the City Code regarding Section 2.57: Human Services Fund. § 2.57 Section 2.57: Human Services Commission Fund Subdivision 1. Establishment and Composition A Human Services Commission Fund is hereby established, composed of ten (10) thirteen (13) members, seven (7) citizens-at-large, two (2) business or and five (5) non-profit members who shall serve three-year staggered terms, or business members and one youth, who shall serve a one (1) year term. Subdivision 2. Duties and Responsibilities It is the duty of The Human Services Commission Fund shall to study human service needs in the community and recommend action to the Council as to matters of regarding funding of those needs. Specifically it shall: A. Identify the community’s needs for human services. B. Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. C. Determine funds needed and strategies to provide funding through charitable gambling proceeds, fundraisers, or community events. D. Encourage and enlist participation from the greater Golden Valley community. § 2.57 Section 2.57: Human Services Commission Subdivision 1. Establishment and Composition A Human Services Commission is hereby established, composed of ten (10) members, seven (7) citizens-at-large, two (2) business or non-profit members who shall serve three-year staggered terms, and one youth, who shall serve a one (1) year term. Subdivision 2. Duties and Responsibilities The Human Services Commission shall study human service needs in the community and recommend action to the Council as to matters regarding funding of those needs. Specifically it shall: A. Identify the community’s needs for human services. B. Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. C. Determine funds needed and strategies to provide funding through charitable gambling proceeds, fundraisers, or community events. D. Encourage and enlist participation from the greater Golden Valley community. ORDINANCE NO. 643, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 2: Administration and General Government Section 2.57: Human Services Fund The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 2.57, Administration and General Government is hereby deleted in its entirety and replaced with the following: Section 2.57: Human Services Commission Subdivision 1. Establishment and Composition A Human Service Commission is hereby established, composed of ten members, seven citizens-at-large, two business or non-profit members who shall serve three-year staggered terms, and one youth member, who shall serve a one year term. Subdivision 2. Duties and Responsibilities The Human Services Commission shall study human service needs in the community and recommend action to the Council as to matters regarding funding of those needs. Specifically it shall: A. Identify the community’s needs for human services. B. Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. C. Determine funds needed and strategies to provide funding through charitable gambling proceeds, fundraisers, or community events. D. Encourage and enlist participation from the greater Golden Valley community. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 8th day of August, 2018. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting August 8, 2018 Agenda Item 6. C. Acceptance of Donation of Peace Pole and Receive and File Public Comments Prepared By Lindsey Fuhrman, Graphic Designer/Web Specialist and city representative to the Golden Valley Arts Public Art Panel Summary On June 5, 2018, City Council accepted a proposal from Golden Valley resident Eve Clarkson to install a Peace Pole in Golden Valley. Council directed staff to enter a 30-day public comment period for the art as outlined by the City’s Public Art Policy. Upon receiving the artist’s final visual concept (see attached) June 28, staff implemented the public comment period, which concluded July 29. The public commented via email, social media, and a website survey (see attached). Attachments • Peace Pole Visual Concept (1 page) • Public Comments (2 pages) • City Attorney Opinion On Public Comment (2 pages) • Resolution Accepting Peace Pole Donation (6 pages) Recommended Action Motion to adopt Resolution accepting a Donation of a Peace Pole and Receive and File Public Comments. The image part with relationship ID rId1 was not found in the file. PUBLIC REVIEW PROCESS Peace Pole EMAILS • Dear Mayor Harris, I would like to enthusiastically endorse the installation of a Peace Pole (at either--or both venues). I am very impressed with student Eve Clarkson and her wonderful initiative. It took an enterprising mind as well as some courage to present her idea before "the authorities." Golden Valley is a city that celebrates diversity and affirms kindness and opening doors for newcomers and long-time residents alike. A Peace Pole is a potent symbol of camaraderie and respect. It encourages thoughtful dialogue and reason in the settling of disputes. It upholds the highest ethical value: Peace. Please let me know if there is anything I can do to further this lovely idea. Sincerely, Margaret Beegle 550 Varner Circle North Golden Valley, MN 55427 • Please read the attached information for the peace pole submission in the 6/5 Council packet. We are currently in the review period and we have heard from a resident concerned about possible church/state issues. The peace pole information describes the maker of peace poles as having an affiliation with a prayer society or something like that. Is this going to be a problem? Does the applicant need to use a secular company to make the peace pole? – Question from resident John Gannon FACEBOOK COMMENTS • “Fabulous. What materials will be used?” – Christine Hazel • “This would be a nice addition to our city.” – Jill Ellsworth Prohofsky • “Do it! Who could possibly be against peace? Oh...wait….” – Stephen Boyd • “I like it.” – Carrie Shanahan ONLINE SURVEY FORM • “I like it a lot and look forward to seeing it installed!” – Sandi McKay • “I like it and fully support it!” – Julie Tarshish • “You should place it in the middle of the peace garden which you haven’t built yet, but will soon perhaps, surrounded by bronze plaques, explaining the concept of the pole, and nice perennials, perhaps a bench, and a bird bath. Yeah, that would be cool. And vines.” – Kuan Teoh • “I think this is a fabulous idea, and I want to commend Eve for her vision. Golden Valley is known as a very welcoming place, and I think this peace pole will just add to that sentiment. I am also very proud that the pole will feature two native languages—Minnesota’s original inhabitants should be honored in this way much more often. Thank you!” – Maren Ahlberg • “This is a great idea.” – Eleanor Lewis • “Thank you for your fine art piece. Art is a creative way of understanding our world. More please.” – Christine Hazel • “What is the costs to the city residents of Golden Valley?” – Winston Peterson 1 Date: August 3, 2018 To: Tim Cruikshank, City Manager From: Maria Cisneros, City Attorney Subject: Peace Pole Donation ISSUE May the City accept a donated Peace Pole purchased from a company called Peace Pole Makers USA in light of the reference to the World Peace Prayer Society on the Peace Pole Makers USA website? SHORT ANSWER Yes, the City may accept a donated Peace Pole purchased from Peace Pole Makers USA as gift of art under the City’s Public Art Policy and Minnesota Statutes section 465.03. ANALYSIS You asked me to determine whether the City could accept a donated Peace Pole purchased from Peace Pole Makers USA, which describes itself as an “official project of the Wold Peace Prayer Society (WPPS) headquartered at The World Peace Sanctuary in Wassaic, NY.” It is my opinion that the City may accept the Peace Pole and acceptance of the pole is not a violation of the Establishment Clause of the First Amendment of the United States Constitution. Peace Pole Makers USA is not a religious organization and does not appear to have any religious affiliation. According to the Michigan Secretary of State, it is a Michigan Limited Liability Company (i.e. a for- profit company). The Company’s website contains no religious content or messages and is not linked to any other religious organizations. The website does reference the “Peace Pole Project,” which is described as a project of an organization called The World Peace Prayer Society. WPPS is not a religious organization. It is “an all inclusive, all embracing not-for-profit grassroots organization associated with the Department of Public Information at the United Nations.” See www.worldpeace.org (also stating that WPPS is “not a church” and does “not have a political 2 agenda”). Given that there is no religious connection or affiliation, it is my opinion that the City may accept a Peace Pole manufactured by Peace Pole USA. Furthermore, the Peace Pole itself has no religious or sectarian purpose and the council voted to accept it as a work of art under the City’s Public Art Policy. Therefore, the City may accept the Peace Pole as gift of art under the City’s Public Art Policy and Minnesota Statutes section 465.03 (“Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two- thirds majority of its members, expressing such terms in full.”). Resolution 18-47 August 8, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE DONATION OF A PEACE POLE FROM EVE CLARKSON WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grants and donations on behalf of its citizens: Donation for a Peace Pole from Eve Clarkson. _____________________________ 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 August 8, 2018 Agenda Item 6. D. Approve Ronald B. Davis Community Center Joint Powers Agreement and Termination Agreement Prepared By Maria Cisneros, City Attorney Rick Birno, Parks & Recreation Director Summary The Davis Community Center is located in Meadowbrook Elementary School and consist of two gymnasiums, office space, classrooms and a shared storage area. The Center was built in 2001 pursuant to a Joint Powers Agreement between the City of Golden Valley, the Housing and Redevelopment Authority in and for the City of Golden Valley and the Hopkins School District. Under the initial Joint Powers Agreement, the HRA financed the construction of the Center and leased it to the District, which in turn granted a license to the City to use the Center for Parks and Recreation activities. Several years ago, the District purchased the Center from the HRA. The City continues to use the Center for Parks and Recreation activities and contributes to the cost of operating and maintaining the Center. In light of the sale of the Center to the District, the parties determined a new agreement was needed. The proposed agreement consolidates the various agreements existing under the initial Joint Powers Agreement and sets forth the schedule for use of the Center as well as the parties’ contributions to the cost of operating and maintaining the facility. The term of the proposed agreement is 30 years and the City may elect to renew the agreement for an additional 30 years. The agreement guarantees access to the Center for the City’s Parks and Recreation activities and outlines a process for cooperatively operating and maintaining the facility. Attachments • Ronald B. Davis Community Center Joint Powers Agreement (10 pages) • Termination Agreement (1 page) Recommended Action Motion to approve Ronald B. Davis Community Center Joint Powers Agreement and Termination Agreement. DAVIS COMMUNITY CENTER JOINT POWERS AGREEMENT This Joint Powers Agreement (“Agreement”) is entered into this ____ day of August, 2018, by and between the City of Golden Valley, a Minnesota municipal corporation (the “City”) and Independent School District No. 270, an independent school district organized under the laws of the State of Minnesota (the “District”), pursuant to Minnesota Statutes, section 471.59 (the “Act”). The District and the City are collectively referred to hereafter as the “Parties” and individually as a “Party.” I. RECITALS A. WHEREAS, the Davis Community Center (the “Center”) is located at 5430 Glenwood Avenue, Golden Valley, Minnesota, adjacent to Meadowbrook Elementary School and consists of two gymnasiums, office space, classrooms and a shared storage area. The Center was created by new construction and completed in the fall of 2001 through a Joint Powers Agreement (the “Initial JPA”) between the District, the City and the Housing and Redevelopment Authority in and for the City of Golden Valley (the “HRA”). Under the Initial JPA, the HRA financed the construction of the Center and leased the Center to the District, and the District granted the City a license to use the Center and the adjacent parking lot pursuant to the terms of a Use and Operating Agreement; and B. WHEREAS, the District purchased the Center and the parcel on which it is located from the HRA; and C. WHEREAS, the HRA no longer owns, operates or uses the Center and the Initial JPA, the License Agreement, the Lease Agreement and all previous Use and Maintenance Agreements were terminated by an agreement between the City, the District and the HRA of even date herewith; and D. WHEREAS, the District and the City have determined that it is mutually beneficial to jointly operate the Facility to provide educational and recreational facilities for students and residents; and E. WHEREAS, the City is empowered under Minnesota Statutes, Chapter 471 to expend funds for the capital costs, operation, and maintenance of facilities for athletic fields and related facilities; and F. WHEREAS, the District has the power under Minnesota Statutes, Chapter 123B to care for, manage and control its real property; THEREFORE, the Parties agree as follows: II. STATEMENT OF PURPOSE The purpose of this Agreement is to enable the Parties, through joint and cooperative action, to provide recreational facilities of the highest quality and lowest cost to their residents and students, and to provide a means for the maintenance and supervision of such facilities. This Agreement is entered into for the purposes of financing, managing and operating the Center and to facilitate the exercise of powers by the Parties pursuant to the Act. The Parties’ use of the Center shall be compatible with the use of the Meadowbrook Elementary School (the “School”) as a public elementary school and shall in all respects be consistent with the preservation of the health, safety and wellbeing of the District’s public school students attending, or otherwise visiting the School from time to time. III. TERM The term of this Agreement is thirty (30) years commencing on the date first set forth above. The City and the District shall meet and review operations every ten (10) years. Thereafter, the City shall have the right to extend this Agreement upon the same terms and conditions. The District and City will meet in the 25th year of this Agreement to discuss extension of the Agreement. IV. ACCESS & USE A. Exclusive Use by the District. The District shall have exclusive use of the classrooms, the office space in 500C and the entire 502A storage area. Large equipment items used by both the District and the City shall be stored in room 500C. B. Exclusive Use by the City. The City shall have exclusive use of room 500A, the front office, and such use shall be supervised by the City’s staff. In lieu of having access to the classrooms in the Center, the District shall grant the City access to the cafeteria (or other acceptable space) two evenings per week for the purpose of City sponsored events at no charge. No later than June 1 of each year, the City shall submit to the District a list of dates on which programming will be held in the cafeteria during the following school year. C. Schedule. The schedule for the use of the Center shall be governed by the priorities and preempted use by District according to the attached Exhibit A (the “Schedule”). The Center shall only be open during the times indicated in the Schedule, unless otherwise agreed by the City and the District. The Center shall not be open for community use during any of the District’s preempted nights. The Parties may update the Schedule from time to time provided the updated Schedule is mutually agreed upon in writing. This Agreement hereby incorporates any such updated Schedules and no amendment to this Agreement shall be required to ratify any such updated Schedule. D. Inclement weather. The Center shall be closed for regular use on days when Meadowbrook Elementary School is not in session due to inclement weather. If school has been canceled due to inclement weather, activities and programs sponsored by the City shall also be canceled for that day/evening. Any change in the use of the Center on inclement weather days when school is in session shall be communicated to the Manager (if possible) prior to the use of the Center for the purpose of supervision, custodial support, and other related matters. E. Responsibility for Scheduling. The Parties shall each be responsible for scheduling activities during their use periods as defined in Exhibit A. The Parks and Recreation Director, or their designee, shall have scheduling supervision authority for the City. The Manager (as defined in section V herein) shall have scheduling supervision authority for the District. F. Master Schedule. The Manager, or the Manager’s designee, shall develop a master schedule for all activities scheduled at the Center. City priority time shall be listed on the Master Schedule as “City Time” without specific group names. Specific use by the City or District does not prohibit use by either Party in other areas of the Center. G. Parking. The Parties and their respective invitees and guests shall enjoy non-exclusive use of the parking areas on the property, and on land owned by the District. Use of the parking area shall be on a first come, first served basis, with no priority or reserved spaces for either the District or the City, unless first agreed to in writing by both Parties; provided, however, in no event shall the use of the parking area by the City or its invitees interfere with the District’s normal use thereof during the school day. V. MANAGEMENT A. Operating Committee. All decisions related to the operation, maintenance and use of the Center shall be made by an operating committee (the “Operating Committee”), which shall be comprised of the Hopkins School District Superintendent of Schools or his/her designee and the City of Golden Valley City Manager or his/her designee. The Operating Committee shall have ultimate decision making authority for the Center and all decisions of the Operating Committee must be unanimous. The Operating Committee shall meet annually to review the operation and budget of the Center, and to consider issues, recommendations, and proposed modifications for the purpose of enhancing the operation of the Center. The Manager (as defined below) shall be responsible for coordinating the annual meeting. B. Manager. The Manager shall be the Hopkins Public Schools Facility Use Coordinator (“the Manager”). The Manager shall execute all applicable policies, in partnership and consultation with the City. Any and all transactions, requests for changes in scheduling that affect other users, damages to the property, incidents, accidents, misuse of the Center, requests for preemption, and other pertinent issues, shall be reported to the Manager and he/she will determine the appropriate course of action. C. Meadowbrook Representative. For issues that relate to Meadowbrook School interests, the Meadowbrook School Principal shall communicate with the Manager. D. City Representative. For issues that relate to City Programs, activities and interests, the Parks and Recreation Director, or his/her designee, shall communicate with the Manager. VI. FINANCE A. Payment. The District and the City shall equitably share operating and maintenance costs associated with the Center. Initially the District shall pay forty-six percent (46%) of the actual operating and maintenance costs of the Center (the “District Use Percentage”) and the City shall pay the remaining fifty-four percent (54%) (the “City Use Percentage”). The District Use Percentage and the City Use Percentage are derived from Exhibit A to this Agreement and shall be adjusted each year as needed to reflect updates to Exhibit A made by the City and the District pursuant to Section IV.C of this Agreement. B. Budget. Subject to the guidelines set forth in sections i-iii below, the Manager shall propose an operating budget (the “Operating Budget”) in the format attached hereto as Exhibit B, a District Use Percentage and a City Use Percentage (collectively, “Use Percentages”) no later than November 15th each year for the following year. The Operating Committee shall review and approve the Operating Budget and Use Percentages no later than December 15th for the following year. i. The direct costs of all District employees shall be the responsibility of the District. The District shall provide all of the necessary utilities, maintenance and repair for the Center and the parking areas used in connection with the Center, including snow plowing and lighting. ii. The cost of capital replacements to the Center may be included in the Operating Budget, as may the cost of any shared equipment. Specialized equipment required by either Party for its own use shall be purchased and maintained solely by the respective Party. Designated storage will be provided for shared equipment and specialized equipment required by either Party. iii. Each Party shall be individually responsible for any extra out-of-pocket expenses, such as equipment rental, extra custodial time, extra supervision, and food service costs, arising from any special event sponsored or held by that Party at the Center. Except as otherwise agreed, neither Party may charge the other Party any additional fee for use of the Center or any shared equipment. C. Management of the Budget. The Manager shall be responsible for management of the Operating Budget and for the accounting and payment of the expenditures of operation and capital replacement. The Manager shall endeavor to keep all costs within the approved Operating Budget. VII. SUPERVISION A. Supervision during District Use. When the District is operating the Center, the District shall supply and schedule on-site supervision during the hours of operation. The supervisor shall provide information and assistance to visitors, shall open and secure (close) the Center, shall monitor the Center’s use and perform all other related activities incidental to the operation of the Center. The supervisor shall be the on-site contact person for matters pertaining to the Center and its operation. B. Supervision during City Use. When the City is operating the Center, the City shall supply supervision for the two gyms, the main entrance and the bathrooms located in the Center. The District shall provide an appropriate work area for the on-site supervisor staffed by City as well as appropriate and adequate space for storage of needed athletic equipment and supplies/equipment for the site supervisor. C. Event Management. Event management shall be the responsibility of the Party sponsoring the event. Event management includes but is not limited to: security, parking, ticket sales and collection, score keeping, clock operation, concessions, announcement, setting up and cleaning up, coordinating audio/visual needs, acting as a liaison for officials and visiting teams/guests, crowd control, seating set up and removal and post-event clean up. When the City is responsible for event management, the District shall provide reasonable access to City staff and representatives before and after the event. D. Rules & Regulations. All uses shall be subject to such rules and restrictions as are generally applicable to facilities owned or under use by the District and the City, together with such other reasonable rules and restrictions as may be adopted from time to time and jointly approved by the District and the City. In the case of any conflict between such rules and restrictions, the District and the City shall cooperate with each other to establish a mutually acceptable policy applicable to the Center in substitution of any such conflicting rules or restriction. Notwithstanding the foregoing, the Parties agree that any rules and restrictions which are a part of any crisis management plan to which the Center is subject shall take priority over any conflicting rules and restrictions. E. Enforcement. The Manager and the City Parks and Recreation Director shall interpret and enforce any and all applicable policies as they relate to the operation of the Center. Under the supervision of the Manager, all District and City employees shall carry out and enforce the policies set forth for use and operation of the Center. Any person that fails to comply with the policies set forth for the purpose of operation of the Center will be asked to leave the Center and may be prohibited from use of the Center for a period of time. Groups that misuse the Center or are not in compliance with rules, regulations, and policies governing Center use may be denied future use of the Center and other City or District facilities. VIII. MAINTENANCE The District shall maintain and provide custodial services for the Center. The Center shall be maintained at a level deemed appropriate by both the District and the City and, where applicable, maintenance shall be performed at a level that meets and/or exceeds manufactures specifications to maintain any applicable warranties. Both District and City staff shall have access to appropriate cleaning supplies and equipment. IX. USE BY THIRD PARTIES The Parties may make the Center available for use by other groups, either on a rental or rent-free basis, in accordance with each Party’s individual facility use policy, if any. Each Party may retain for its own use any and all revenue received from any such fees, concessions, and ticket sales for events sponsored solely by that Party. X. LIABILITY, INSURANCE A. The Parties agree that each shall be responsible for reasonable supervision of its own users of the Center during the periods in which the Party has use of the Center. The primary responsibility for any claims for damages or injuries growing out of any accident or occurrence during the use of the Recreation Facilities belongs to the Party having responsibility for the supervision of the Recreation Facilities at the time of such accident or occurrence. The Parties agree to carry policies of liability insurance in at least the amounts specified as the extent of such liability under Minn. Stat. § 466.04, as amended. Nothing herein shall be deemed to waive any statutory limits of liability granted to the Parties. The Parties agree to defend, indemnify and hold harmless each other, their elected officials, officers, agents and employees from any liability, claims, demands, personal injury, costs, judgments or expenses arising from the fault of Party’s own actions in design, ownership, development, maintenance or operations of the Center. Defense of any action or proceeding shall be at the expense of the indemnifying Party by counsel reasonably satisfactory to the indemnified Party. The provisions of this Section shall survive any termination of this Agreement, including without limitation any termination pursuant to Section XII of this Agreement. B. The District shall be named as an additional insured on (i) the City’s liability insurance policy with respect to recreational programs the City operates at the Center; and (ii) the liability insurance policies of organizations, other than the City, that operate recreational programs that use the Center. The City shall be named an additional insured on the District’s property insurance. C. The District shall be responsible for all property insurance with respect to the Center. In the event of an insured property casualty event with respect to property and improvements insured by the District, the District shall apply the insurance proceeds therefrom towards the reconstruction of the same in a manner mutually agreeable to the District and the City. D. Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. E. Each Party shall provide proof of insurance upon request to the other Party. F. To the fullest extent permitted by law, action by the Parties under this Agreement are intended to be and shall be construed as a “cooperative activity,” and it is the intent of the Parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a(a), and provided further that for purposes of that statute, each Party expressly declines responsibility for the acts or omissions of the other Party. The Parties are not liable for the acts or omissions of the other Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Parties. XI. WORKERS COMPENSATION CLAIMS A. Any and all employees of the District and the City and all other persons engaged by each respective Party in the performance of any work or services required or provided as contemplated by this Agreement shall not be considered employees of the other Party. Any and all claims that may or might arise under worker’s compensation laws or unemployment compensation laws 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 on any of the work or services provided as contemplated by this Agreement shall in no way be the obligation or responsibility of the other Party. B. Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each Party waives the right to sue the other Party for any workers’ compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. XII. TERMINATION A. Termination with Cause. In the event of any material breach of any of the terms of this Agreement, the Party alleging the breach may seek to terminate this Agreement by giving all other Parties written notice specifying the nature of the breach. If the breach is not remedied within ninety (90) days of the date of delivery of such notice, or if additional breaches of a materially similar nature occur within the ninety (90) day period following the date of delivery of said notice, the Party alleging the breach may send the other Party a second written notice setting forth the time, place and date of a meeting to discuss the breach, the time, date and place for which shall in all respects be reasonable and shall specify a date not later than thirty (30) days from the date of such written notice. The Superintendent for the District or his or her designee(s), and the City Manager for the City or his or her designee(s) shall attend such meeting. If the breach is not remedied within ninety (90) days after the date of such meeting, the Party alleging the breach may terminate this Agreement by sending written notice of termination to all other Parties and termination shall be effective upon the date of delivery of such notice. If the District breaches this Agreement and the City terminates pursuant to this section XII.A., the District shall pay the City the greater of: (a) twenty-five percent (25%) of the then current market value of the Center, as determined by a panel of two independent appraisers mutually agreed upon by the parties, or (b) $1,000,000 plus annual interest at a rate of 4%, simple interest, beginning on November 21, 2000. Such payment shall be considered liquidated damages to compensate the City for its investment in the construction of the Center and shall be the sole and exclusive remedy for the City for such termination, and the City hereby waives any and all rights to specific performance, damages, or any other remedy available in equity or in law in connection with any such termination. B. Termination without Cause. Either Party may terminate this Agreement without cause, effective as of June 30 of any calendar year, upon delivery to the other Party of eighteen (18) months advance written notice of termination. If the District terminates this Agreement pursuant to this Section XII.B., the District shall pay the City the greater of: (a) twenty-five percent (25%) of the then current market value of the Center, as determined by a panel of two independent appraisers mutually agreed upon by the Parties, or (b) $1,000,000 plus annual interest at a rate of 4%, simple interest, beginning on November 21, 2000. Said payment shall be due upon notice of termination and the eighteen (18) month notice period shall not commence until payment by the District is made to the City in full. XIII. GENERAL PROVISIONS A. Additional Documents. The District and the City shall execute and deliver such other or further documents or agreements, including without limitation any amendment or restatement hereof, and take such other or further actions, as either Party may reasonably request, in order to correct scrivener’s errors or defects in this Agreement, or to otherwise carry out the provisions and intent hereof. B. Other Agreements. The joint use of the Center contemplated by this Agreement shall not eliminate or diminish any other joint use arrangements which currently exist between the Parties for other facilities. This Agreement replaces and supersedes all other agreements between the Parties related to the Center, including the Lease Agreement, the License Agreement, and the Operating Agreement as well as any previously executed versions of the same. C. Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party. D. Amendments. This Agreement may be amended only in a writing duly executed by all of the Parties hereto. All of the covenants, conditions and agreements herein contained shall extend to, be binding upon, and inure to the benefit of the Parties hereto and their respective permitted successors and assigns. E. Savings Clause. If any provisions of this Agreement shall be declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. F. Choice of Law/Forum. This Agreement shall in all respects be governed by and interpreted under the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court, Fourth Judicial District in Minnesota. G. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute a single Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the Parties hereto effective as the day and year first set forth above. INDEPENDENT SCHOOL DISTRICT NO. 270 By Wendy Donovan, Board Chair By Rhoda Mhiripiri-Reed, Superintendent THE CITY OF GOLDEN VALLEY By Shepard M. Harris, Mayor By Timothy J. Cruikshank, City Manager EXHIBIT A: 2017 SCHEDULE School Year Hours A. Monday – Friday Gym A 6:00 AM – 5:30 PM School Priority Gym A 5:30 PM – 10:30 PM City Priority Gym B 6:00 AM – 6:00 PM School Priority Gym B 6:00 PM – 10:30 PM City Priority B. Saturdays/Sundays Gyms A & B 7:00 AM – 10:30 PM City Priority C. Preempted use by District The District may preempt the City’s weekday evening use of the gymnasiums by scheduling such use by May 1 of each year for the following school year. Such preemptions shall not exceed 22 preemptions per school year, including no more than 3 preemptions in the months of January, February and March. The City may approve additional preempted dates in its sole discretion, and such approval shall not be unreasonably withheld. In the case of any dispute relating to scheduling that cannot be resolved by compromise, such disputes shall be resolved by the Operating Committee. D. Non-school weekdays Gym A 12:00 PM – 10:00 PM City Priority Gym B 6:30 AM – 6:00 PM School Priority Gym B 6:00 PM – 10:00 PM City Priority E. Holidays The Facility will be closed for all district recognized holidays (the next school year’s list will be provided to the City at the annual Operations Committee meeting) and will only be open for activity by mutual consent by the District and City. Summer Hours Summer hours shall begin on the first Monday after the last day of school. School year hours shall resume the Monday prior to the first day of school. Late evening hours may vary depending upon use and programming. A. Monday-Friday Gym A 6:30 AM - 12:00 PM School Priority Gym A 12:00 PM - 10:30 PM City Priority Gym B 6:30 AM - 6:00 PM School Priority Gym B 6:00 PM - 10:30 PM City Priority B. Saturdays Gyms A & B 8:00 AM – 10:30 PM City Priority EXHIBIT B: OPERATING BUDGET For 2018-19 2018-19 Budget District at 46% City at 54% Comments Custodial Salary $8,981 $4,131 $4,849 25% of custodial total salary Benefits $2,604 $1,198 $1,406 At 29% of salary Floor Waxing – Gym $1,960 $902 $1,058 Cleaning Supplies and Equipment-Gym $500 $230 $270 Electricity – Xcel $5,877 $2,703 $3,174 At .075% of total building cost Natural Gas – Center Point $2,341 $1,077 $1,264 At .075% of total building cost Water & Sewer $2,691 $1,238 $1,453 At .075% of total building cost Total $24,954 $11,479 $13,475 *The Davis Community Center gym represents .075% of total Meadowbrook building. TERMINATION AGREEMENT On or about May 9, 2000, Independent School District No. 270, an independent school district created and existing under the laws of the State of Minnesota (the “District”), the Housing and Redevelopment Authority in and for the City of Golden Valley, a body corporate and politic under the laws of the State of Minnesota (the “HRA”), and the City of Golden Valley, a Minnesota municipal corporation (the “City”) (collectively, the “Parties”), entered into a Joint Powers Agreement to develop, construct and operate the real property known as the Davis Community Center (the “JPA”). Effective as of the date of the last signature below, the Parties hereby agree to terminate the JPA. The Parties further agree to terminate any and all Leases, Licenses, and Use and Operating Agreements by and among the Parties that are related to or were created by or pursuant to the JPA, and to waive any and all termination requirements in the JPA, including any and all required notice. INDEPENDENT SCHOOL DISTRICT NO. 270 By _____________________________________ Its Board Chair Date _____________________ By _____________________________________ Its Superintendent Date _____________________ THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY By _____________________________________ Its Board Chair Date _____________________ By _____________________________________ Its Director Date _____________________ THE CITY OF GOLDEN VALLEY By _____________________________________ Its Mayor Date _____________________ By _____________________________________ Its City Manager Date _____________________