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12-17-19 CC Agenda Packet (entire)REGULAR MEETING AGENDA Pages 3-6 7-17 18 19 20 21 22-24 25-27 28 29-30 31-33 34-36 37-39 40-41 42-58 59-65 1.Call to Order A.Pledge of Allegiance B.Roll Call C.Presentation of Bill Hobbs Human Rights Award 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 – November 12, 2019 2.City Council Meeting – November 19 and December 3, 2019 B.Approval of City Check Register C.Licenses: 1.Approve Cigarette/Tobacco License Renewals 2.Approve Therapeutic Massage Facility License Renewals 3.Approve Therapeutic Massage Facility License Renewal pending satisfactory background investigation 4.Gambling License Exemption and Waiver of Notice Requirement – Good Shepherd Church 5.Gambling License Exemption and Waiver of Notice Requirement – Rocky Mountain Elk Foundation 6.Approve Consumption and Display Permit – Mort’s D.Minutes of Boards and Commissions: 1.Human Services Commission – October 24, 2019 2.Environmental Commission – October 28, 2019 3.Human Rights Commission – October 22, 2019 E.Approval of Bids and Quotes: 1.Approve Purchase of two Marked Police Vehicles 2.Approve Purchase of a Tandem Axle Dump Truck F.Approval of Grants and Donations: 1.Authorize Healthy Tree Canopy Grant Agreement with Hennepin County 2.Acceptance of 2019 Ongoing Donations 19-71 3.Approve Grant Agreement with Minnesota Housing Finance Agency for 2019 Capacity Building Initiative Grant 19-72 66-75 December 17, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting December 17, 2019 – 6:30 pm 2 3. Consent Agenda - continued F. Approval of Grants and Donations - continued 4. Authorize 2017 Grant Agreement for the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program 76-179 G. Waiver of Public Hearing and Certification of Special Assessments - 2019A Driveway Repairs located in the 2019 Pavement Management Area 19-73 180-182 H. Authorize Agreement for Animal Pound Service with the City of Robbinsdale 183-187 I. Resolution Electing to be Governed by Minnesota Statutes, section 272.162 19-74 188-189 J. Receipt of November 2019 Financial Reports 190-203 K. Adopt Amendment to Employee Handbook 19-75 204-205 L. Engagement Letter – Auditing Services for 2019 Fiscal Year 206-220 M. Consider Resolution Supporting future Bus Rapids Transit (BRT) on Highway 55 19-76 221-224 N. Authorize Partners in Energy Application with Xcel Energy 225-247 O. Approve Agreement with Hennepin County for the 2020/2021 Sentencing to Service Program 248-256 P. Approve Hennepin County Waste Delivery Agreement 257-267 Q. Acceptance of Board and Commission and Task Force Resignations: 1. Resignation from Human Rights Commission 268 2. Resignation from Rising TIDES Task Force 269 3. Resignation from the Open Space & Recreation Commission 270 4. Public Hearing 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Appeal of Board of Zoning Appeals Decision - 1601 Noble Drive 271-285 B. Second Consideration – Ordinance #676 – Amendment to the 2020 Fee Schedule for Street Assessment Fees 286-289 C. Commitment for Carry Forwards for the 2019 General Fund Budget 19-77 290-291 D. Review of Council Calendar E. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment REGULAR MEETING MINUTES The meeting began at 6:30 pm in the Council Conference Room. Present: Mayor Harris and Council Members; Rosenquist, Schmidgall, Clausen and Fonnest. Staff present: City Manager Cruikshank, City Attorney Cisneros, Physical Development Director Nevinski and Assistant City Engineer Kakach. 1. Discussion of 2019 Legislative Priorities City Manager Cruikshank presented the 2019 Legislative Priorities that include various issues the City supports, some of which require Legislative approval and funding through the State. The City Council invited members of the Legislature to present and communicate to them the City’s Legislative Priorities for 2020. Senator Ron Latz thanked outgoing Council Members for the dedicated service. He discussed the upcoming State Legislative Session and explained that it will not focus on the State’s main two-year budget, since it was set last spring. He also explained that there are about 4 billion dollars’ worth of projects that require State funding in 2020. Currently, there is no fiscal capacity nor consensus by Legislators on both bodies to award funding to all of them. Funding for capital projects will likely be closer to 1 billion dollars for the upcoming year. Senator Latz shared that the largest category that the State tends to focus on is state owned properties- by enlarge regional properties and state owned buildings (prisons, university buildings, regional water treatment facilities, highway infrastructure, airports, etc.). Lower level projects with a narrower geographic range, for example, funding for bike and pedestrian safety improvements to State Highway 55, is not a project that is at the top of the funding awarding list. However, the political balance and budget for 2021 may reflect a shift after elections and redistricting. Right now, areas like greater Minnesota receive a higher percentage of funding because they have many fixed needs and not as many resources as communities in the Metro area. Council Members thanked the Senator for his time and dedication. Senator Latz is the chief author of the bonding proposal for the underpass at Douglas Drive/ Hwy 55 Intersection. The Council will revisit the Bus Rapid Transit corridor topic as part of the 2020 Legislative Priorities discussion on the January 14, 2020 Council/Manager meeting. November 12, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road 2 City of Golden Valley City Council/Manager Regular Meeting Minutes November 12, 2019 – 6:30 pm 2. Basset Creek Trail Discussion John Vlaming, Associate Superintendent for Three Rivers Park District (TRDP), and Dan Freeman, TRPD Commissioner, provided Council Members with an overview of the master plan approved in 2012 and reviewed the existing trail corridor. The regional trail is currently missing a final segment along Golden Valley Road. An application for a grant was submitted in 2018 and was not awarded. After analysis by TRPD staff and discussion with City and County staff, it is being suggested that another application is made in 2020. The new application for federal funding would include trail improvements from Regent Street West to Douglas Drive and complete 60% design plans for the trail. These components will raise City scores and increase the likelihood of a federal grant award. The Council discussed the project, in particular the financial and budget considerations. Completion of 60% design plans and submission of the application for federal grant is projected to be funded by TRPD. The Council thanked THRPD staff for their partnership with Golden Valley and extensive work in Sochacki Park. 3. 2020 Pavement Management Assistant City Engineer Kakach presented the staff report with focus in two main considerations: Street Widths and Contract Incentives. He mentioned that the Pavement Management Policy Policy) was originally adopted in 1995 and amended in 2009. Since the Policy adoption, discussion on street width has been included. The Council discussed economic impacts of street width, landscape impacts, storm water, traffic calming and the City’s Infrastructure Renewal Program that is established every 20 years. On the issue of incentives, the Council discussed pros and cons of date completion incentives to large public improvements projects, as well as the implications of potential penalties for projects that would not be completed within the period specified in the contract. On the issue of streets width, the Council debated adjusting the Policy and Pavement Management Program and the effects of constructing all local streets to a 26-foot wide standard measured from face of curb to face of curb while maintaining parking arrangements. Council consensus was to accept the 26 foot width standard and have staff work on adding flexibility in the language, specifically additional considerations in the event that geographic or topographic conditions would necessitate deviation from the existing conditions. The Council will revisit the topic at its November 19 Council meeting. 3 City of Golden Valley City Council/Manager Regular Meeting Minutes November 12, 2019 – 6:30 pm 4. Human Rights Commission Discussion - Racially Restrictive Covenants Chris Mitchel, Human Rights Commission Chair, presented the topic of racially restrictive covenants, which the Commission has been discussing for a few months. He explained how historically, racially restrictive covenants have been used as tools of segregation and discrimination used to prevent people of color from renting and owning property in “Caucasian neighborhoods”. Mitchel explained how these covenants are still tied to properties nowadays (even though unenforceable) and many homeowners are not aware of this. In 1953, Minnesota Legislature prohibited the use of racial restrictions in real estate documents. In 2019, the Legislature passed a law allowing property owners to reject racially restrictive covenants. City Attorney Cisneros shared her own experience with racially restrictive covenants – which she discovered were included in the title of her family’s home – and explained that there is cost associated with title research for private homeowners. The Human Rights Commission and City staff have been exploring possibilities to collaborate with Hennepin County Library and law firms in order to reduce or remove costs associated to title research. Cisneros expanded on the process, specifically on the difference between Torrens and Abstract land registration systems. If present on the Torrens certificate, there is no cost to remove the covenant contained on one of the documents, the landowner can email the registrar of titles and request the removal of reference of the racially restrictive covenant. In the case of Abstract properties, the landowner is required to file a form with the State and pay a recording fee. The Council thanked the Human Rights Commission for their thorough work and encouraged the Commission to add the topic to the 2019-2020 work plan. 5. Human Rights Commission Discussion – Conversion Therapy Ban Human Rights Commission member, Jonathan Burris, provided an overview of the topic, including a presentation on this discredited practice. Conversion therapy aims to change a person’s sexual orientation, or a person’s gender expression or identity. Commissioner Burris presented the example of the City of Denver, Colorado and Superior, Wisconsin, which have banned the practice. The Human Rights Commission is recommending the Council to add conversion therapy ban as part of the Council’s 2020 goal setting process and annual strategic planning for 2020. The Council discussed the implications of drafting a City ordinance and its enforceability and regulation. 6. Review Council Chambers Remodeling Plans Physical Development Director Nevinski discussed plans for the Council Chambers Remodeling. The project is a complete remodel of the Council Chambers with design in 2019 and construction in 2020. The Council Chambers have not been updated in over 29 years. The remodel will more accurately match the City’s current and future needs of the room. Nevinski explained the layout, including re positioning the main entrance, the dais location and introducing 4 City of Golden Valley City Council/Manager Regular Meeting Minutes November 12, 2019 – 6:30 pm a new mobile podium for public comment. Led lighting would also be a new addition to the project as well as a seating alcove that would be set right outside one of the doorways. Funding for this project is included in the 2019 - 2023 Capital Improvement Program (B-036). 50,000 is budgeted for 2019 and $350,000 is budgeted for 2020. $200,000 is budgeted for replacement of AV equipment (C-001). The Council discussed the proposed amenities and additions while considering their alignment with the current needs of the room. Nevinski said that the bid award for the project would tentatively be presented to the Council by January of 2020. 7. Council Review of Future Draft Agendas: City Council November 19, City Council December 3, Housing and Redevelopment Authority Work Session December 10 and Council/Manager December 10, 2019 No changes were submitted for future drafts agendas. The meeting adjourned at 9:45 pm. Shepard M. Harris, Mayor ATTEST: Tomas Romano, Assistant to the City Manager’s Office REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Mayor Harris. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke 2. Additions and Corrections to Agenda MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the agenda of November 19, 2019, as submitted and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the consent agenda of November 19, 2019, as revised removal of 3G-Authorize Preliminary Design Work for 2021 Pavement Management Program and the motion carried. 3A. Approval of Minutes: 1. Council/Manager Meeting – October 10, 2019 2. City Council Meeting – October 15, 2019 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Minutes of the Boards and Commissions: 1. Human Rights Commission –September 24, 2019 2. Open Space & Recreation Commission – September 23, 2019 3. Rising TIDES Task Force – September 10, 2019 4. Basset Creek Watershed Management Commission – September 19, 2019 3D. Approve 2020 dates for Council Calendar. 3E. Adopt Resolution 19-60, amending City Departments to add the following departments: Communications, Human Resources, Legal, and Public Works. 3F. Adopt Resolution 19-61, amending 2019 General Wages and Salary for Two Reclassifications and 2019 Budget Amendment. 3G. Authorize Preliminary Design Work for 2021 Pavement Management Program 3H. Acceptance of Grants: 3H1. Authorize the Mayor and City Manager to sign the Funding Agreement with the City of Minneapolis for the Toward Zero Deaths Grant Program and adopt Resolution 19-64, accepting a Grant for the City of Minneapolis and the State of Minnesota for Toward Zero Deaths Enforcement Grant Program. November 19, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes November 19, 2019 – 6:30 pm 2 3. Approval of Consent Agenda - continued 3H. Acceptance of Grants - continued 3H2. Adopt Resolution 19-65, accepting a Grant for a finance intern from Minnesota Government Finance Officers Association for up to $3000. 3I. Receive and file the October 2019 Financial Reports. 3. Items Removed From the Consent Agenda: 3G. Authorize Preliminary Design Work for 2021 Pavement Management Program Physical Development Director Nevinski provided information on the 2021 Pavement Management Program including the upcoming schedule and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 19-62, ordering preparation of the Feasibility Report for the 2021 Pavement Management Program. 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 Rosenquist to authorize the Mayor and City Manager to execute the 2021 Pavement Management Program Professional Services Agreement with Short Elliott Hendrickson, Inc. in the form approved by the City Attorney to perform preliminary project design for the 2021 Pavement Management Program in an amount not to exceed $388,100 and the motion carried. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 19-63, relating to the Financing of City’s 2021 Pavement Management Program; establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. 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. 4. Public Hearing 4A. Public Hearing – Ordinance #675 – Approval of Conditional Use Permit 124, Amendment 1 – 721 Hampshire Avenue South Planner Campbell presented the staff report and answered questions from Council. Planning Manager Zimmerman answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Rosenquist, seconded by Council Member Schmidgall to adopt Ordinance #675, approval of Conditional Use Permit 124, Amendment #1 allowing for used vehicle sales at 721 Hampshire Avenue South. 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. 5. Old Business City of Golden Valley City Council Regular Meeting Minutes November 19, 2019 – 6:30 pm 3 6. New Business 6A. Approve Amended Language to Pavement Management Policy Assistant City Engineer Kakach presented the staff report and answered questions from Council. City Manager Cruikshank and Physical Development Director Nevinski answered questions from Council. Ms. Linda Caruthers, 8225 23rd Avenue North, said she is not in the current PMP but she disagreed with changing the streets widths. She said she was concerned how the process took place and that she heard about it on the Next Door app because her address is not in the program until 2021. She said she attended the open house and Council meetings because parts of her street are in every planned year. She said because the widths would be different each year, she felt everyone should be invited to the open houses. She said many people walk with strollers in her neighborhood, which would be harder with narrower streets because there are not sidewalks. She said with only four years left of the PMP, the policy should not change. Mr. Tim Momsen, 8450 Winnetka Heights Drive, said he felt this issue should be for the entire City and asked why change it now because he felt there were still a lot of questions. He felt the item should be tabled so more residents could be informed and able to add input because the policy would be in effect for the next fifty years. He asked if the narrowed street widths were considered during the winter because when the snowplows go through, they would be narrowed further. Ms. Karen Murphy, 2390 Wisconsin Avenue, said she is not on the schedule until 2022 but she was here to support the people in her neighborhood because their street connects to hers. She said there is a lot of biking and walking in the area and she agreed with the last person and asked why the policy was changing now with only 4 years left. She said she thinks the rainouts would be the same even if the streets were narrowed because of the hard soil. She said her road is 29 feet and going to 26 feet would be a big adjustment. Ms. Melinda Gerdes, 2505 Xylon Avenue North, said she is part of the 2020 PMP and that most residents in the remaining PMP have 28 to 30 feet streets so for the next 4 years, the 28 feet standard should be maintained and then the policy could change. She asked if it was unethical for the City to say it was an oversight in the policy and now their actions make the policy. She said the future vision of maintaining 28 feet street widths would eliminate the need in the future to vote on parking on one side of the street. She said the residents use the streets every day and pay the taxes. She said she spoke to the surrounding cities and their streets are 28 feet. Ms. Kathy Longar, 2105 Aquila Avenue North, said her neighborhood is special because two busy streets, a nature area and two parks border it. She said what enables people to walk to the parks in groups was having wider roads where cars can safely pass them. She said going from 28 to 26 feet may be only 2 feet, but it would make a difference. Mr. Mike Fait, 8521 Rose Manor, said his street only has seven houses on it and the majority of his neighbors attended the open house. He said his street is 33 feet and going down to 26 feet would make a big difference. He said he was also concerned about the streets narrowing further once the snowplows went through. City of Golden Valley City Council Regular Meeting Minutes November 19, 2019 – 6:30 pm 4 6A. Approve Amended Language to Pavement Management Policy - continued There was Council discussion regarding the proposed language amending the Pavement Management Policy. MOTION made by Council Member Schmidgall to authorize the Mayor and City Council Members to approve the proposed amendments to the Pavement Management Policy and there was no second so the motion failed. MOTION made by Council Member Clausen, seconded by Mayor Harris to change the proposed Pavement Management Policy from 26 to 28 feet. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris and Rosenquist, the following voted against: Schmidgall and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to authorize the Mayor and City Council Members to approve the proposed amendments to the Pavement Management Policy as amended. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris and Rosenquist, the following voted against: Schmidgall and the motion carried. 6B. Second consideration - Ordinance 673 and 674 - Regulating Solid Waste Collection and Solid Waste Physical Development Director Nevinski presented the staff report and answered questions from Council. City Attorney Cisneros answered questions from Council. Mayor Harris stated that per the Council’s agenda all ordinances listed under new business are eligible for public input. The following participants addressed the Council. Ms. Marti Mick, 90 Louisiana Avenue South, said she likes that the licensing will be more restrictive but she thinks the haulers should determine which day they would be picking up and customers can decide to go with them. She said she does not want the same haulers coming to the same area twice a week. She said the idea was to reduce the amount of truck traffic in the neighborhoods. Mr. Charlie Quimby, 2415 Vale Crest Road, said he was disturbed that at last meeting there was a proposal that pickups would only be one day a week but then it changed at the meeting. He said he did not attend the meeting because he thought the issue was going the right way with fewer haulers in the area and then the meeting happened and an amendment was done. He said this felt like false advertising because the public was involved in the process, recommendations for the proposal made and then changed at the meeting. Ms. Karen Murphy, 2390 Wisconsin Avenue, said she does not care how many days’ haulers come through her neighborhood. She said she was concerned about the Monday and Friday only pickups because of the City ordinance that says you cannot leave your garage container out in front of your residence in street view. She said if her pick up day was Friday and she went out of town on Thursday that she would not be following the ordinance. She asked if the pickups were on Monday and Fridays only, would the ordinance change so she could leave her container out or could pick-up days be changed to mid-week. City of Golden Valley City Council Regular Meeting Minutes November 19, 2019 – 6:30 pm 5 6B. Second consideration - Ordinance 673 and 674 - Regulating Solid Waste - continued Mr. Mark Stoltman, CEO of Randy’s Sanitation, said from a hauler’s view that the recommendation to add a day was not going to add another hauler’s trip to the City because it would not be economical. He said his company strived to meet the one-day requirement by setting the recycling and refuse pick-up on the same day and that they were fortunate to have enough equipment to do so. He said he did not think haulers would visit the streets twice in a week because most do not have enough equipment to do so. He thanked the Council for adding a second day. There was Council discussion regarding the ordinances regulating solid waste collection. MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to amend Ordinance 673 by changing the first sentence in the second paragraph of Sec. 16-192 to read: The City Manager or their designee shall have the authority to develop additional reporting requirements, application requirements, environmental standards including by not limited to hauler vehicle requirements and other requirements as they deem necessary to provide for the safe, orderly and cost-efficient preparation, collection and disposal of all waste materials covered in this ordinance and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt the second consideration Ordinance #673, repealing in its Entirety Chapter 16 – License, Taxation and Misc. Regulations, Article VII. – Collectors of Solids Waste, Recyclables, and adding a new Article VII. Solid Waste and Recyclables Collection as amended. 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 Schmidgall, seconded by Council Member Clausen to adopt the second consideration Ordinance #674, repealing in its Entirety Chapter 22 – Solid Waste and replacing it with a new Chapter 22 – Solid Waste. 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 Schmidgall, seconded by Council Member Clausen to approve the summaries of Ordinances #673 and #674 for Publication based on the finding that the title and summary clearly inform the public of the intent and effect of the ordinance and the motion carried. 6C. Review of Council Calendar Some Council Members may attend the League of Women Voters MN Centennial Celebration Exhibit on November 23, 2019, at 10 am at the Golden Valley Library, 830 Winnetka Avenue. Some Council Members may attend the Open House for Proposed Park Changes on November 25, 2019, at 6:30 pm at Brookview, 316 Brookview Parkway. The City Offices are closed on November 28 and 29, 2019, in observance of Thanksgiving. The next City Council meeting will be on December 3, 2019, at 6:30 pm. City of Golden Valley City Council Regular Meeting Minutes November 19, 2019 – 6:30 pm 6 6C. Review of Council Calendar - continued Some Council Members may attend the Winter Market in the Valley on December 8, 2019, from 10 am to 2 pm at Brookview, 316 Brookview Parkway. Some Council Members may attend the Rising TIDES Task Force meeting on December 10, 2019, from 5:15 to 6:15 pm in the Council Conference Room. The next Housing and Redevelopment Authority Work Session will be on December 10, 2019, at 6:30 pm. The next Council/Manager meeting will be on December 10, 2019, following the HRA meeting. Some Council Members may attend the 2019 Canadian Pacific Holiday Train event on December 11, 2019, at 4:45 pm at the Golden Hills Drive Railroad Crossing. The Toys for Tots Parade will be on December 13, 2019, at 4:30 pm from the Golden Valley Police Department to KARE-11. Some Council Members may attend a reception for the outgoing Council Members on December 17, 2019, at 5:45 pm in the Council Conference Room. The next City Council meeting will be on December 17, 2019, at 6:30 pm. The City offices are closed on December 24 and December 25, 2019, in observance of the Holidays. 6D. Mayor and Council Communication Mayor Harris said the Minnesota House of Representatives Capital Investment Committee stopped at the Perpich Center and looked at their bonding project. He said during the stop, the City did a presentation for the pedestrian underpass-bonding project. The Council discussed the fiscal disparities issue. 7. Adjourn MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 9:15 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Mayor Harris. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke 1C. Receipt of Human Services Commission 2020 Allocation Report Mr. Aaron Black, Chair, and Ms. Denise La Mere-Anderson, Vice Chair of the Human Services Commission, reviewed the funding report and answered questions from Council. The Council thanked the Human Services Commission Commissioners and staff for their service to Golden Valley. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to approve the 2020 Allocation Report and approve notifying the twelve agencies of their 2020 allocation amount with the following designations and the motion carried. Agency Allocation Agency Allocation Crisis Nursery $5,000 The Bridge for Youth $5,000 Dinner at Your Door $9,000 TreeHouse $3,000 PRISM $20,000 YMCA - New Hope $4,000 Senior Services HOME $7,000 HUG $5,000 Senior Services Outreach $5,000 Resource West $5,000 Sojourner Project $7,500 Community Mediation $3,000 Total $78,500 2. Additions and Corrections to Agenda MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to amend the agenda of December 3, 2019, by removing the current Item 3D1-Award Contract for DeCola Ponds B & C Restoration Project because to the lowest bidder withdrew their bid and replace it with a revised executive summary and new contract award to the next lowest bidder and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the agenda of December 3, 2019, as amended and the motion carried. December 3, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes December 3, 2019 – 6:30 pm 2 3. Approval of Consent Agenda MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to approve the consent agenda of December 3, 2019, as revised removal of 3J-Board/Commission appointment and the motion carried. 3A. Approval of Minutes: 1. City Council Meeting – November 6, 2019 2. Special City Council Meeting – November 12, 2019 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Minutes of the Boards and Commissions: 1. Planning Commission – October 28 and November 12, 2019 2. Board of Zoning Appeals – October 22, 2019 3. Rising TIDES Task Force – October 15, 2019 4. Open Space & Recreation Commission – October 28, 2019 5. Basset Creek Watershed Management Commission – October 28, 2019 3D. Bids and Quotes: 3D1. Authorize Agreements for Custodial Services: a. Authorize the Mayor and City Manager to execute Custodial Agreement with Jani- King of Minnesota, Inc. in the form approved by the City Attorney to authorize custodial services for the Main Campus and fire station facilities. b. Authorize the Mayor and City Manager to execute Custodial Agreement with Stratus Building Solutions in the form approved by the City Attorney to authorize custodial services for Brookview, Golf Maintenance, and park shelter facilities. 3D2. Authorize the Mayor and City Manager to execute the DeCola Ponds B & C Restoration contract with Applied Ecological Services in the form approved by the City Attorney in the amount of $221,154.50. 3E. Acceptance of Grants and Donations: 3E1. Authorize the Mayor and City Manager to execute Amendment #1 of the Grant Agreement with the Department of Natural Resources in the form approved by the City Attorney for the DeCola Ponds B and C Restoration Project. 3E2. Adopt Resolution 19-66, accepting donation of 100 smoke alarms and 100 carbon monoxide alarms from Kidde United Technologies as part of its Operation Save a Life partnership with ABC Television. 3F. Adopt Resolution 19-67, adopting the 2020-2021 Budget for Enterprise, Special Revenue and Internal Services Funds. 3G. Adopt Resolution 19-68, adopting the 2020-2029 Capital Improvement Program. 3H. Authorize the Mayor and City Manager to execute the Trunk Highway 100 Pedestrian Bridge Conveyance Agreement with the City of Crystal and Three Rivers Park District in the form approved by the City Attorney to convey ownership of the bridge to Three Rivers Park District. 3I. Authorize the Mayor and City Manager to execute the Trunk Highway 100 Pedestrian Termination Agreement with The City of Crystal and in the form approved by the City Attorney to terminate the existing Highway 100 Pedestrian Bridge Joint Powers Agreement. 3J. Boards/Commission Appointments City of Golden Valley City Council Regular Meeting Minutes December 3, 2019 – 6:30 pm 3 3. Items Removed From the Consent Agenda: 3G. Board/Commission Appointments Council Member Clausen said the Council interviewed a candidate for the open Human Service Commission position before tonight’s Council meeting. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to approve the appointment of Mr. Joel Nelson to the Human Service Commission through May 1, 2020, and the motion carried. 4. Public Hearing 4A. Public Hearing – Adoption of 2020-2021 General Fund Budget and Property Tax Levies for Taxes Payable 2020 Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding the 2020-2021 General Fund Budget and Property Tax Levies. Council thanked staff for their hard work on the budget and budget process. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 19-69, adopting the 2020 Budget of the General Fund Budget. 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 adopt Resolution 19-70, adopting the Property Tax Levies for Taxes Payable 2020. 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. 5. Old Business 6. New Business 6A. First Consideration – Ordinance #676 – Amendment to the 2020 Master Fee Schedule for Street Assessment Fees Physical Development Director Nevinski presented the staff report including the revised process to approve a Pavement Management Project and answered questions from Council. Finance Director Virnig and City Manager Cruikshank answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt first consideration Ordinance #676, amending the 2020 Master Fee Schedule for Street Assessment fees. 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. City of Golden Valley City Council Regular Meeting Minutes December 3, 2019 – 6:30 pm 4 6B. Review of Council Calendar Some Council Members may attend the Winter Market in the Valley on December 8, 2019, from 10 am to 2 pm at Brookview, 316 Brookview Parkway. Some Council Members may attend the Rising TIDES Task Force meeting on December 10, 2019, from 5:15 to 6:15 pm in the Council Conference Room. The next Housing and Redevelopment Authority Work Session will be on December 10, 2019, at 6:30 pm. The next Council/Manager meeting will be on December 10, 2019, following the HRA meeting. Some Council Members may attend the 2019 Canadian Pacific Holiday Train event on December 11, 2019, at 4:45 pm at the Golden Hills Drive Railroad Crossing. The Toys for Tots Parade will be on December 13, 2019, at 4:30 pm from the Golden Valley Police Department to KARE-11. Some Council Members may attend a Reception for the Outgoing Council on December 17, 2019, at 5:45 pm in the Council Conference Room. The next City Council meeting will be on December 17, 2019, at 6:30 pm. Some Council Members may attend the Bassett Creek Trail Open House on December 19, 2019, at 4:30 pm at Courage Kenney Atrium located at 3915 Golden Valley Road. The City offices are closed on December 24 and December 25, 2019, in observance of the Holidays. The City offices are closed on January 1, 2020, in observance of New Year’s Day. Some Council Members may attend the Retirement Party for Ms. Mary Steinbeicker on January 4, 2020, from 9 to 11 am at the Golden Valley Library located at 830 Winnetka Avenue. Some Council Members may attend a Reception for the Incoming Council on January 7, 2020, at 5:45 pm in the Council Conference Room. The first City Council meeting of 2020 will be on January 7, at 6:30 pm. 6C. Mayor and Council Communication Mayor Harris said PRISM is holding a Holiday Toy Shoppe on December 14, 2019, for families in need and in preparation of the event, they are having a Pack The Van event to accept donations on December 5, 2019, from 1 to 7 pm. City of Golden Valley City Council Regular Meeting Minutes December 3, 2019 – 6:30 pm 5 7. Adjourn MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 7:54 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Golden Valley City Council Meeting December 17, 2019 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. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/Public/Browse.aspx?startid=717279&dbid=2 The check register for approval: o 12/02/19 and 12/13/2019 Check Register Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. C. 1. Approve Cigarette/Tobacco License Renewals Prepared By Kris Luedke, City Clerk Summary The following establishments have applied for renewal of their Cigarette/Tobacco license for the 2020 license term. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval of the following license renewals: License # Licensee Address 11641 Amstar Gas Station 9405 Medicine Lake Road 11638 Down in the Valley, Inc. 8020 Olson Memorial Highway 11636 Feist Automotive Group 1875 Lilac Drive North 11632 Golden Valley Country Club 7001 Golden Valley Road 11640 Golden Valley Holiday Store #3 600 Boone Avenue North 11644 Golden Valley Liquor Barrel 7890 Olson Memorial Highway 11635 Holiday Stationstores, Inc. 7925 Wayzata Boulevard 11643 Schuller’s Tavern 7345 Country Club Drive 11633 Speedway #4443 1930 Douglas Drive 11634 Speedway #4497 6955 Market Street 11645 Top Star Tobacco & E-Cig LLC 7734 Olson Memorial Highway Financial Or Budget Considerations Fees received for tobacco license renewals are budgeted, and defray costs the City incurs to administer and enforce tobacco license regulations and requirements. Recommended Action Motion to approve the renewal of the Cigarette/Tobacco licenses for the applicants above from January 1, 2020, through December 31, 2020. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. C. 2. Approve 2020 Therapeutic Massage Facility License Renewals Prepared By Kris Luedke, City Clerk Summary The following establishments have applied for renewal of their Therapeutic Massage Facility license for the 2020 license term. The applicants listed below have met the City Code requirements for the renewal of their license. The Golden Valley Police Department has completed a background investigation and has found no reason to deny the renewal. Staff is recommending approval of the following license renewals: Licensee Address Owner Artistic Urges Hair Consultants 1405 Lilac Drive N, Suite 114 DeVonne Reinhardt-Brock Massage Envy 7704 Olson Memorial Hwy Kevin Seeger, Eileen Seeger and Beth Seeger Pucon Massage 810 Lilac Drive N, Suite 104 Margaret Selva True Blue Massage & Bodywork 4266 Dahlberg Drive Tatyana Vecherkova Financial Or Budget Considerations Fees received for massage establishment license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. Recommended Action Motion to approve the renewal of the Therapeutic Massage Facility licenses for the applicants above from January 1, 2020, through December 31, 2020. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. C. 3. Approve 2020 Therapeutic Massage Facility License Renewal pending satisfactory background investigation Prepared By Kris Luedke, City Clerk Summary The following establishments have applied for renewal of their Therapeutic Massage Facility license for the year 2020. The applicants listed below have met the City Code requirements for the renewal of their license and the Golden Valley Police Department is in the process of conducting the background investigation. Staff is recommending approval of the following license renewals pending a satisfactory completion of the background investigation: Licensee Address Owner Core Healing Arts LLC 1405 Lilac Drive N, Suite 113D John Carlson Financial Or Budget Considerations Fees received for massage establishment license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. Recommended Action Motion to approve the renewal of the Therapeutic Massage Facility licenses for the applicants above from January 1, 2020, through December 31, 2020, pending a satisfactory completion of the background investigation. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. C. 4. Gambling License Exemption and Waiver of Notice Requirement – Good Shepherd Church 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. Financial Or Budget Considerations Not applicable Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Golden Valley Good Shepherd Church. Attachments Application for Exempt Permit (2 pages) MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 11/17 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 applicationconductslawfulgamblingonfiveorfewerdays, and is postmarked or received 30 days or more before the event, theawardslessthan $50,000 in prizes during a calendar application fee is 100; otherwise the fee is 150. year. ; 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: Good Shepherd Church Golden Valley Permit Number: X-27009-19011 Minnesota Tax ID Federal Employer ID Number, if any: Number (FEIN), if any: Mailing Address: 145 Jersey Ave City: Golden Valley State: MN Zip: 55422 County: Hennepin Name of Chief Executive Officer (CEO): Father Luke Marquard CEO Daytime Phone: 763-544-0416 CEO Email: fathermarquard@goodshepherdgv.org permit will be emalled to this email address unless otherwise indicated below) Email permit to (if other than the CEO): jessicaede@gsgvschool.org NONPROFIT STATUS Type of Nonprofit Organization (check one): Q 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.nnn.us ; St. Paul, MN 55103 651-296-2803, or toll free 1-B77-551-6767 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: 21 City: Golden Valley zip: 55427 County: Hennepin Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): J Check each type of gambling activity that your organization will conduct: Bingo = Paddlewheels 0 Pull -Tabs =Tipboards F-71 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 Application for Exempt Permit 11/17 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits BThe application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days 60 days for a 1st class city). COUNTY APPROVAL for a gambling premises located In a township he application is acknowledged with no waiting period. he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. The applications is denied. Ufhe application is denied. Print City Name: Go I ff Kh ot Print County Name: Signatur of City P onneI Signature of County Personnel: Title: Date: - ./ Title: The city or county must sign before submitting application to the Gambling Control Board. 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 limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer:. Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned ays of the vN ent date. fit_- - Chief Executive Officer's Signature: to h oa ' his 30 Date: 10 &A IAr 19 5 i ure ure; eslgnee may not sign) Print Name: REQUIREMENTS I 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 on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be Involved In lawful gambling activities In Minnesota. Your organization has the right to refuse to supply the Information; however, If your organization refuses to supply this Information, the Board may not be able to determine your organization's quallfications and, as a consequence, may refuse to Issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization's name and address will be public information when received by the Board. All other Information provided will be private data about your organization until the Board Issues the permit. When the Board Issues the permit, all Information provided will become public. If the Board does not Issue a permit, all Information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the Information; Minnesota's Depart - meet or ruoiic barely; Aaorney uenerai; Commissioners of Administration, Minnesota Management a Budget, and Revenue; Legislative Auditor, national and International gambling regulatory agencies; anyone pursuant to court order; other Individuals and agencies specifically authorized by state or federal law to have access to the Information; Individuals and agencies for which law or legal order authorizes a new use or sharing of Information after this notice was given; and anyone with your written consent. This form will be made available In alternative format (i.e. large print, braille) upon request. formwillbemadeavailableInalternativeformatlargeprint, braille) upon request An equal opportunity employer Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. C. 5. Gambling License Exemption and Waiver of Notice Requirement – Rocky Mountain Elk Foundation 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. Financial Or Budget Considerations Not applicable Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Rocky Mountain Elk Foundation. Attachments Application for Exempt Permit (2 pages) MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 11/17 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 applicationconductslawfulgamblingonfiveorfewerdays, and is postmarked or received 30 days or more before the event, theawardslessthan $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. 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: Rocky Mountain Elk Foundation Permit Number: 03657 Minnesota Tax ID Federal Employer ID Number, if any: Number (FEIN), if any: 81-0421425 Mailing Address: 6444 Westchester Circle City: Golden Valley State: MN Zip; 55427 County: Hennepin Name of Chief Executive Officer (CEO): Ton Sillerud CEO Daytime Phone: 612-220-0033 CEO Email: )dsillerud@hotmail.com permit will be emailed to this email address unless otherwise 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. non. 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): Three One Six Bar + Grill Physical Address (do not use P.O. box): 316 Brookview Pkwy S., Golden Valley, MN 55426 Check one: City: Golden Valley Zip: 55426 County: Hennepin Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): March 27, 2020 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 dick on Distributors under the List of Licensees tab, or call 651-539-1900. 11/17 LG220 Application for Exempt Permit 2of2pPPWagezof z LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits 9The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days 60 days for a 1st class city). The application is denied. 1/ QV V -"f/,/ Print City Name: &0[yoh v Signature of City Personnel: _ The city or county must sign before submitting application to the Gambling Control Board. COUNTY APPROVAL for a gambling premises l located in a township IJ he application is acknowledged with no waiting period. he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. Dire application is denied. Print County Name: Signature of County Personnel: 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 limits. ( A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: must be CEO's signature; designee may not sign) Print Name: REQUIREMENTS I MAIL APPLICATION AND ATTACHMENTS I 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. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit. Complete and return the financial report form to the Gambling Control Board. Your organization must keep all exempt records and reports for 3- 1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). application fee (non-refundable). If the application Is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Make check payable to State of Minnesota. To: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 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 organizaton'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 Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. C. 6. Approve Consumption and Display Permit – Mort’s Prepared By Kris Luedke, City Clerk Summary The Early Bird Café Inc. dba Mort’s located at 525 Winnetka Avenue has applied for a Consumption and Display Permit from the State of Minnesota. A consumption and display (set-up) permit authorizes the establishment to allow the consumption and display of intoxicating liquor on the licensed premises and to sell liquid to be mixed in the intoxicating liquor brought to the premises and consumed by patrons. On order for the permit to be effective, the City Council must approve it. Financial Or Budget Considerations Not applicable Recommended Action Motion to approve a Consumption and Display Permit for The Early Bird Café dba Mort’s located at 525 Winnetka Avenue. 7800 Golden Valley Road I Golden Valley, MN 55427 L i t V 0 763-512-23661 TTY 763-593-3968 ( 763-512-2344 (fax) I www.goldenvalleymn.gov golden, Ivel Human Services Commission valley October 14t'• 2019 6:00 pm Rice Lake Conference Room Brookview Golden Valley 316 Brookview Parkway S REGULAR MEETING MINUTES Call to Order The meeting was called to order at 6:00 pm by Aaron Black, Chair. Roll Call Commissioners present: Denise La Mere Anderson, Aaron Black, Jonas Courneya, Stephanie Devitt, Hilmer Erickson, Katie Hart, Sophia Vento and Toots Vodovoz. Commissioners absent: Staff present: Brian Erickson, Staff Liaison Approval of Minutes MOTION by Erickson, Vodovoz 2nd Agenda Item 1. Old Business A. Budget - Black reviewed and updated the commission. He noted that the pull tabs revenue looks good and better than projections. B. Golf and Lawn Bowling Classic Review — Staff Liaison, Erickson reviewed and updated the commission. He noted the event went really well, $150 in mulligans were sold, no one won the Hole In One and the Award Ceremony was unusual and will need to be modified for future events. La Mere Anderson requested that changes to the event be discussed in future meetings. C. Applications for Funding 2020 Review - La Mere Anderson reviewed and updated the commission. She noted that she would like the commission to review the rubric in future meetings and see if there is anything that they would like to change for the future. 2. New Business A. Agency Presentations 1. 6:30 pm - PRISM - Alisha Olson 2. 7:00 pm -Community Mediation —Beth Bailey & Jeff 3. 7:30 pm - TreeHouse — Christa Troup I his document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (Try: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. 6 City of Golden Valley Human Services Commission Regular Meeting Minutes 2 October 14th — 6:00 pm B. Allocation Discussion — Commission discussed the presentations, the Rating Recap, Funding Requests vs Allocations. Black called for a vote on Funding all Request at some level. o Majority voted Yes. Black called for a vote on funding applications at the levels of 2018 funding, for applications at a total score of 20 or higher on the Rating Recap. o Majority voted Yes. La Mere Anderson motioned to determine the 5 remaining applications funding amounts at next months meeting. Devitt 2"d C. Jason Kapel leaving commission — Black discussed him leaving. Adjourn MOTION by Black at 8:27pm, Hart 2nd A ron Black, Chair Brian Erickson, Staff Liaison This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats Imayincludelargeprint, electronic, Braille, audiocassette, etc. J REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Chair Seys. 2. Roll Call Commissioners present: Tonia Galonska, Dawn Hill, Joseph Ramlet, Scott Seys and Jim Stremel Commissioners absent: Tracy Anderson & Debra Yahle Staff present: Eric Eckman, Development and Assets Supervisor; Drew Chirpich, Environmental Specialist; Emma Pierson, GreenCorp member and Claire Huisman, Administrative Assistant 3. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Stremel to approve the agenda of October 28, 2019 as submitted and the motion carried. 4. Approval of Minutes MOTION by Commissioner Galonska, seconded by Commissioner Ramlet to approve the minutes of September 23, 2019 as submitted and the motion carried. 5. Resignation of Commission Member Lynn Gitelis Eckman gave a farewell to Lynn Gitelis and read a letter that she had written to the Commission. It was requested by commission members to publish a “Thank you” to Lynn in the City Newsletter for her years of service or if not appropriate for the newsletter then in some other form. City staff will look into this request. 6. New Member Susan Phelps Susan Phelps was sworn into the Commission by Chair Seys. 7A. Update on Draft Waste Hauling Ordinance The Council met on October 10, 2019 to review the proposed waste hauling ordinance. Council concluded the following: 1. The number of hauling licenses will be four and will be achieved through attrition. 2. The aggregate number of accounts a hauler has will be requested on the application, but a summary of the driver-training program will be requested from each hauler. 3. The requirement that the number of trucks should not increase from year to year was eliminated. 4. Eliminated the minimum market share provision but stated it could be revisited in the future. October 28, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Environmental Commission Regular Meeting Minutes October 28, 2019 – 6:30 pm 2 5. Modified the requirement that containers must be made of post-consumer material from 50% to 25% 6. Removed the requirement of haulers to participate in a composition analysis 7. Concluded that collection should occur on Fridays only. It was suggested by the Commission to add language that the City Manager may select a day other than Friday if it is in the best interest of the City. 8. Truck weight is limited to 7 tons per axel and that this requirement negated the need to require a drop axel. 9. Drop Axel - Negated 10. Removed the provision for trucks to be fueled by CNG but suggested it be revisited in the future. 11. Removed the provision for trucks to be outfitted with cameras but suggested it be revisited in the future. 12. Limited the reporting requirements to: a. Annual aggregate tons of MSW b. Disposal location c. Aggregate number of residential accounts served d. Traffic and environmental incidents to be reported immediately 13. Prohibited the transfer of accounts to non-licensed hauler. Commissioners questioned if this will still apply if the licenses are at four. Would we be forced to go to three, two, etc.? Staff will look into clarifying this item. Next Steps: Council will consider the ordinance at the Nov 6 and 19 CC meetings. Staff will send a reminder to the Commission members of the CC meeting dates. 7B. Pollinator Resolution Adopted Along with Council adopting the Pollinator Resolution on October 2, 2019, the City has created a pollinator page on their website and an article in the City Newsletter. The progress of pollinator habitats will be tracked within the GreenStep Cities program and guided by the Environmental Commission. It was recommended by commission members to take “before” pictures of the chosen pollinator habitat areas. 7C. Potential Pollinator Habitat Eckman presented a matrix on possible pollinator habitat areas in Golden Valley. Each area was scored on visibility to the public, sun versus shade, water quality benefit, maintenance requirements, current land cover, salt impacts and within a green corridor. Of the 23 potential areas, seven scored the highest to be a successful pollinator habitat area. MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the development and establishment of pollinator habitat as presented, with the exception of adding a scoring column for partnership opportunity, as funding opportunities arise. 7D. Partners in Energy Program MOTION by Commissioner Ramlet, seconded by Commissioner Stremel to approve the City’s participation in Xcel Energy program called Partners in Energy Program and the motion carried. City of Golden Valley Environmental Commission Regular Meeting Minutes October 28, 2019 – 6:30 pm 3 The goal of this program is for the City to develop an Energy Action Plan with the help of Xcel Energy. There is no direct cost to the City to participate in this program. The Commission will be asked to attend meetings and workshops hosted by Xcel Energy and to work closely with the City’s communication staff to keep information on the website up to date. Participation in this program will help the City achieve some of its goals within the GreenStep Cities program. 8A. Introduce Greencorps Member Emma Pierson The City’s new Greencorp member on staff is Emma Pierson who will be with the City until August 2020. 8B. Greencorps Work Plan for 2019-2020 Emma will mainly be working on establishing an organics program for the city and possibly hosting Zero Waste events on City campus along with establishing ways to help educate apartment building complexes and restaurants on the fundamentals of recycling. Hennepin County will be mandating organic curbside collection by 2022. She will also be helping to coordinate a Trex Film Plastic Recycling collection receptacle for City Hall. 8C. Program/Projects Update The complete Program/Project Update is on file. Updates discussion included: Simple Recycling is planning to cease curbside textile pickup in Golden Valley and other cities due to logistics including a lack of participation density in the region. City staff is working with WasteZero on a way to continue the program. DeCola Ponds B&C Improvement Project will continue through winter with the contractor performing utility work and pond excavation so the orange fencing in the area will remain. 6C. Council Updates - None 6D. Other Business The Downtown Study is composed of three phases. Phase I took place in 2018. Phase II is 2/3rds underway, concentrating on the Winnetka Ave and Golden Valley Rd area. Phase III will focus on timing and implementation of the Small Area Plan for the downtown area. HKGi will be hosting a presentation for the Council/Manager meeting in December 2019. Staff will send a reminder to the Commissioners of the scheduled meeting. 7. Adjournment MOTION by Commissioner Stremel, seconded by Commissioner Phelps to adjourn the meeting at 8:28pm and the motion carried. ATTEST: Claire Huisman, Administrative Assistant REGULAR MEETING MINUTES Call to Order The meeting was called to order at 6:38 pm by Chair Mitchell. Roll Call Commissioners present: Maurice Harris, Jonathan Burris, Chris Mitchell, Kyle Scott, and Destiny Nathan Commissioners absent: Teresa Martin, Leah Persky, Eve Clarkson, and Carrie Yeager Staff present: Kirsten Santelices, Human Resources Director and Maria Cisneros, City Attorney Approval of Agenda MOTION by Commissioner Burris to approve agenda. Seconded by Commissioner Harris. Motion carried 5-0. Approval of Regular Meeting Minutes MOTION by Commissioner Harris to approve the September 25, 2019 regular meeting minutes. Seconded by Commissioner Burris. Motion carried 5-0. Antisemitism, Xenophobia, and Hate Event Recap Commissioners recapped the event and agreed that the event had a good turnout, the topic was interesting, and had powerful messages. Commissioners received positive reviews of the event and were appreciative of the mix between dialogue and education and the opportunity for individuals to ask questions. Commissioner Nathan asked if the presentation could be shared with the group, and Commissioner Harris agreed to reach out and ask Ellen Kennedy. Commissioners would like to consider inviting Ellen Kennedy and World without Genocide to speak again in the future. Commissioners discussed advertising for events and reviewed the many ways the City promoted the event. Chair Mitchell suggested that the Commission consider a more coordinated effort amongst Commissioners to advertise, using social media and other networks to promote HRC activities. Commissioner Burris suggested that advertisements include the benefits and “take away” items from each event. Racially Restrictive Covenants Update Chair Mitchell reviewed the presentation the subcommittee created for the Council-Manager Meeting on November 12. Commissioners provided input on the slides, and focused specifically on why these covenants still matter, and even though they are unenforceable, people should take time to renounce them. The Commissioners discussed how the existence of these covenants directly conflicts with the October 22, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Human Rights Commission Regular Meeting Minutes October 22, 2019 – 6:30 pm 2 City’s Welcome Statement. The Commission will present the topic and provide the project scope to Council and if approved, the Commission can begin work immediately. Conversion Therapy Ban Update City Attorney Cisneros shared some items to consider for their presentation to the Council at the November 12 meeting. The Commission considered what to recommend to the Council and considered the following: 1. Propose the Council add “Research Conversion Therapy Ban” to the Council’s 2020 Goal Session. 2. Propose the Council add “Conversion Therapy Ban” to the 2020 legislative priorities. 3. Focus on educational opportunities on the harmful effects of conversion therapy. Commissioner Burris suggested that the Commission recommend that the Council consider the topic as part of their 2020 goal session. Commissioners agreed. Commissioner Burris will work on a presentation to include: details of conversion therapy, the negative impacts, and a recommendation to the Council. Staff will have presentation details by November 7 in order to draft a memo for the meeting. Bill Hobbs Award Nomination Update Commission reviewed the two nominations that were received. Several Commissioners shared that both nominees were deserving. The Commission discussed whether or not to award more than one person. MOTION by Commissioner Scott to award both nominees the 2019 Bill Hobbs Award. Seconded by Commissioner Harris. Carried by unanimous consent. Staff will provide the contact information to Chair Mitchell. Staff will ensure the awards are ordered and the Commission will welcome all to recognize the winners at the December 17, 2019 Council meeting. MLK Literary Contest Discussion Commissioner Scott suggested the theme, “Injustice Anywhere” based on the Martin Luther King Jr. quote, “Injustice anywhere is a threat to justice everywhere… Whatever affects one directly, affects all indirectly.” The Commission discussed whether or not the proposed prompts would be difficult for students to respond. Commissioners agreed to keep the prompts as they are, and use the submission details from the previous year. Commissioners discussed the appropriate timeline and agreed to begin promotion early November with a submission deadline of Jan 3, 2020. Commission will review the details closely and send feedback to Staff by Fri, Oct 25. Staff will send the completed flier to the full Commission. Commissioners will coordinate advertising efforts. Staff will also send the list of school contacts to the subcommittee to use. MOTION by Commissioner Harris to approve up to $150 for cash prizes for the MLK Literary Contest. Seconded by Commissioner Scott. Motion carried 5-0. City of Golden Valley Human Rights Commission Regular Meeting Minutes October 22, 2019 – 6:30 pm 3 Commission Communications/Open Meeting Law Discussion Staff reminded that the Commission that a member requested that the Commission discuss opportunities to communicate between meetings without violating the open meeting law. Chair tabled the topic until the next meeting due to timing, and lack of attendance by full commission. Sweet Potato Comfort Pie Funding Staff shared a request by a Commissioner to consider funding an educator or speaker at the 2020 Sweet Potato Comfort Pie event. Commissioners provided an overview of the Sweet Potato Pie event for new Commissioners. MOTION by Commissioner Scott to approve up to $500 for speakers or facilitators for the 2020 Sweet Potato Comfort Pie event. Seconded by Commissioner Burris. Motion carried 5-0. MLK Breakfast Tickets The Commission discussed how many tables they should purchase for the 2020 Martin Luther King Jr Breakfast. Several Commissioners shared interest in attending the event and the group will continue the discussion at the November meeting. Adjourn MOTION by Commissioner Harris to adjourn. Seconded by Commissioner Scott. Motion carried 4-1. Meeting adjourned at 8:10 pm. Chris Mitchell, Chair ATTEST: Kirsten Santelices, Staff Liaison Respectfully submitted, Kirsten Santelices, Staff Liaison Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. E. 1. Approve Purchase of Two Marked Police Vehicles Prepared By Jason Sturgis, Police Chief Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary Staff replaces 2 to 3 marked Police vehicles yearly to keep the fleet in good working condition and stabilize the budgetary impact from year to year. Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The Police Department vehicles scheduled for replacement meet the criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of “qualifies for replacement.” A vehicle or equipment scoring 28 points and above meets the category of “needs immediate consideration.” Below is a summary of the ratings: Vehicle Condition Index Qualifies for Replacement 23-27 Needs Immediate Consideration 28 and above Vehicle Unit No. Year/Make/Model VCI Marked Police Vehicle 834 2016 Ford Utility Police Interceptor 28 Marked Police Vehicle 836 2017 Ford Utility Police Interceptor 25 The existing vehicles being replaced will be reassigned to other departments with non-emergency response duties if appropriate. Staff recommends purchasing the vehicles from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). This is the first year law enforcement vehicles have a hybrid option available. Staff will monitor the performance of the hybrids to confirm City needs will be met when purchasing them in the future. Ordering the vehicles by December 31, 2019, ensures a delivery date before the majority of the other agencies. This helps prevent any delays with equipment setup. City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 Financial Or Budget Considerations The 2020 Vehicles and Equipment Capital Improvement Program includes $80,000 for the purchase of two marked Police vehicles (V&E-001). The total cost for the two vehicles is $77,297.12 Recommended Action Motion to approve purchase of two 2020 Ford Police Utility Interceptors from Tenvoorde Ford, Inc. in the amount of $77,297.12. Supporting Documents Tenvoorde Ford Quote (1 page) TENVOORDE FORD, INC P O BOX 1045 ST CLOUD, MN 56302 Assn. Ctr# 10085 Quote Customer City of Golden Valley Name Marshall Beugen Misc Date 12/4/2019 Contract Num 158505Address7800GoldenValley City Golden Valley State MN ZIP 55427 Phone 763-593-8085 Qty Description Unit Price TOTAL 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2020 Police Utility 99C 3.0 eco boost in Black UM Cloth Front Seats with Vinyl Rear 96 Added Factory Options 99C 3.0 V6 Ecoboost 153 Front Lic Plate 51V Dual Spotlights Whalen 76D Underbody Deflector Plate 19V Rear Camera On -Demand 52P Hidden Door -Lock 87R Rear View Camera in Rear View Mirror 18D Global Unlock 55F Remote Key Fobs 59E Keyed Alike 1435x 55B BUS 68B Police Perimeter Alert 76R Reverse Sensing 152T Class III Trailer Wiring 34,531.56 743.00 625.00 315.00 216.00 151.00 319.00 48.00 512.00 634.00 258.00 75.00 34,531.56 1,486.00 1,250.00 630.00 432.00 302.00 638.00 96.00 1,024.00 1,268.00 516.00 150.00 2 19K H8 AGM Battery 103.00 206.00 2 Noise Suppression Bonds 94.00 188.00 2 43D Dark Car 24.00 48.00 38,648.56 SubTotal Delivery Address if Different From Billing TOTAL 77,297.12 Dn K8A 22-24 Weeks Cutoff Date TBD Vehicle Pickup Location Tenvoorde Ford 185 Roosevelt Rd St. Cloud MN, Monday -Friday B:OOam-S:OOpm Please Call Jade Aanenson 612-703-7789 Cell or Bob Aanenson 320-224-2808 Cell With Any Questions Tenvoorde Ford The World's Oldest Ford Dealership Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. E. 2. Approve Purchase of a Tandem Axle Dump Truck Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary Unit 779, a 2009 tandem axle dump truck with hook-lift system, has reached its useful life cycle and is scheduled to be replaced. Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The dump truck meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the category of “needs immediate consideration.” The existing dump truck due for replacement scored 38 points. The new dump truck will be equipped with a pusher axle, hook-lift system, stainless steel dump body, front and side snowplows, V-box sander with de-icing capabilities, tanker attachment for anti-icing, and associated hydraulics and controls. Staff utilizes this equipment for snow removal and other maintenance activities such as paving and hauling. The addition of a pusher axle will allow staff to haul more material per load increasing efficiency. Ordering the cab, chassis and equipment by December 31, 2019, ensures a delivery date before the majority of the other agencies. This helps prevent any delays with equipment setup. Financial Or Budget Considerations The 2020 Vehicle and Equipment Capital Improvement Program (CIP) includes $270,000 for the purchase of a tandem axle dump truck with hook-lift system (V&E-066). Additionally, the 2020 Storm Sewer CIP includes $67,000 for the purchase of a V-box sander (SS-025). Staff recommends purchasing the equipment from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded the following contracts through the CPV: City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 Contract No. Item Vendor Amount 124649 2020 Mack Granite 62BR Tandem Axle Cab and Chassis Nuss Truck & Equipment $135,823 167105 Plows, Equipment, Hydraulics and Controls Towmaster Truck Equipment $139,132 Less Unit 779 Trade-in ($15,000) Less Dump Body Roll-Off Trade-in ($20,000) Total Cab, Chassis, and Equipment Less Tax, Title, and License Charged to Vehicle and Equipment CIP) $239,955 Contract No. Item Vendor Amount 167105 Swenson SS EVDA 14-56 Combo Sander Towmaster Truck Equipment 55,898 167105 VariTech LDS AI1620-DAS Anti-Ice System Towmaster Truck Equipment 17,978 Less V-box Roll-Off Trade-in ($20,000) Total Sander and Anti-Ice System Charged to Storm Sewer CIP) $53,876 Under Minnesota Statutes Section 471.345, the City may dispose of retired equipment by trading it in. Nuss Truck & Equipment has offered $15,000 trade-in value on unit 779 and $20,000 for each roll-off body. Staff believe this is a good offer compared to sales of previous units. Recommended Action Motion to approve purchase of a 2020 Mack Granite 62BR Tandem Axle Cab and Chassis from Nuss Truck & Equipment in the amount of $135,823. Motion to approve purchase of plows, equipment, hydraulic controls, combo sander, and anti-ice system from Towmaster Truck Equipment in the amount of $213,008. Motion to approve trade-in of unit 779, dump body and V-box roll-offs from Nuss Truck & Equipment in the amount of $55,000. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. 1. F. Authorize Healthy Tree Canopy Grant Agreement with Hennepin County Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Supervisor Summary The City Council adopted Resolution 19-44 on August 7, 2019 supporting a grant submittal to Hennepin County to contribute funds for a tree inventory. The tree inventory will concentrate on Ash and high- risk trees in nature areas, open spaces, and wooded areas within City parks. The scope of work includes hiring a certified arborist, per the agreement requirements, to document the location and condition of Ash and high-risk trees on public property. This information will help staff achieve action items and goals laid out in the 2040 Comprehensive Plan, Natural Resources Management Plan, Resilience and Sustainability Plan, and Emerald Ash Borer Management Plan. The work is scheduled to begin in the spring of 2020 and be completed by October 2020 with a report at the completion containing a project summary, results achieved, and maintenance strategies. Financial Or Budget Considerations The City was awarded $6,000 from the County. The City must provide a 25% match equaling $1,500. Funding for the grant will come from the Forestry operational budget (1646.6440) which has $2,000 for miscellaneous contractual services. Recommended Action Motion to authorize the Mayor and City Manager to execute the Healthy Tree Canopy Grant Agreement with Hennepin County in the form approved by the City Attorney to contribute funds for a tree inventory. Supporting Documents Hennepin County Healthy Tree Canopy Grant Agreement (16 pages) Contract No: PR00001507 HEALTHY TREE CANOPY GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (the “COUNTY”), on behalf of the Hennepin County Environment and Energy Department, 701 South Fourth Avenue, Suite 700, Minneapolis, Minnesota 55415 (“DEPARTMENT”), and City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 (“GRANTEE”). WHEREAS, the Hennepin County Board has established a Healthy Tree Canopy Grant Program to provide awards, which may be in the form of reimbursements (“Tree Grant Funds”) to selected eligible community tree projects; and WHEREAS, the GRANTEE has made an application for an award of Healthy Tree Canopy Grant Program and has been selected for funding of said described project in accordance with the terms of this Agreement; NOW, THEREFORE, the parties agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence upon execution December 17, 2019 and terminate on January 1, 2021, unless terminated earlier in accordance with the Default and Cancellation provisions in section 13 of this Agreement. The total value of Tree Grant Funds awarded under this Agreement, including all reimbursable expenses, shall not exceed Six Thousand Dollars ($6,000.00). 2. GRANT REQUIREMENTS a. The GRANTEE shall operate its tree canopy enhancement project (“Project”), including the proposed Project budget, as described in the application submitted by the GRANTEE and kept on file with the COUNTY. See attachment A for details regarding the project scope. b. The GRANTEE shall provide matching funds in the amount of 25% of the total grant funds awarded under this Agreement as described in the project budget and project requirements. GRANTEE shall provide proof of matching funds before reimbursement. c. In addition to the obligation to operate the project as described in the project budget and project requirements the GRANTEE shall: 1. Submit to the DEPARTMENT in a format acceptable to the COUNTY a final report by June 21, 2021. The report should include at a minimum: Project summary with photos of work completed; Results achieved; Obstacles/challenges encountered; Maintenance strategy; and Actual budget expenditures. The COUNTY shall have full ownership and control of all reports, which includes the right of the COUNTY to use any data and information contained in such project report in any manner the COUNTY determines, including but not limited to case studies or public presentations. 2. Establish a separate accounting mechanism, such as a Project number, activity number, cost center, or fund that will separate Tree Grant Fund expenditures from all other GRANTEE activities. 3. To ensure compliance with the purpose of this grant, comply with COUNTY’s request for an audit of Tree Grant Fund Project activities, revenues, or expenditures. 3. AWARD OF GRANT The COUNTY shall pay GRANTEE all Tree Grant Funds on a rolling basis as eligible expenses are incurred. GRANTEE may submit receipts for reimbursement throughout the term of this Agreement on a monthly basis. Incidental expenses such as shipping are not eligible for reimbursement. Subject to verification of adequacy of submitted receipts, the COUNTY will disburse the requested amount to the GRANTEE within six (6) weeks after the submission of the receipts. The final request for disbursement must be submitted within three (3) months of the expiration or cancellation date of this Agreement. The COUNTY, in its sole discretion, through the DEPARTMENT Director, may adjust the allocation of Tree Grant Funds if actual costs differ in amount from budgeted costs listed in the application. Any such adjustment shall be in writing, shall be signed by the DEPARTMENT Director and the GRANTEE and shall be attached hereto as a supplement. No other terms, conditions or provisions of this Agreement may be changed except in accordance with regular COUNTY contracting procedures as set forth in Section 14 of this Agreement. 4. INDEPENDENT CONTRACTOR GRANTEE shall select the means, method, and manner of performing the services. Nothing in this Agreement is intended to be or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of the COUNTY for any purpose. GRANTEE is and shall remain an independent contractor for all services performed under this Agreement. GRANTEE shall secure at its own expense all personnel required in performing services under this Agreement. Personnel of GRANTEE and other persons engaged by GRANTEE in the performance of any work or services required shall not be deemed to have a contractual relationship with the COUNTY and shall not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims related to or on behalf of any of GRANTEE’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against GRANTEE, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits. 5. NON-DISCRIMINATION In accordance with the COUNTY’s policies against discrimination, GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of the provisions set forth herein. 7. INSURANCE GRANTEE shall purchase insurance or utilize a self-insurance program sufficient to cover the maximum level of Minnesota tort liability limits under Minnesota Statute, Chapter 466. 8. DUTY TO NOTIFY GRANTEE shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of the provisions contained in this Agreement. 9. DATA GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy or, confidentiality or security of data, which may include the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data or privacy laws, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section. If GRANTEE has access to or possession/control of Data (as defined in the DEFAULT AND CANCELLATION/TERMINATION provisions below), GRANTEE shall safeguard and protect the Data in accordance with generally accepted industry standards, all laws, and all applicable COUNTY policies, rules and direction. To the extent of any inconsistency between accepted industry standards and COUNTY policies, rules and directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any actual or suspected security breach or unauthorized access to Data, then comply with all responsive directions provided by COUNTY. The foregoing shall not be construed as eliminating, limiting or otherwise modifying GRANTEE’s indemnification obligations herein. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. GRANTEE shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by GRANTEE, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. C. GRANTEE shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. Further, GRANTEE shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between GRANTEE and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. GRANTEE shall make contracts between GRANTEE and subcontractors available upon request. For clarification and not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between GRANTEE and a subcontractor, or a waiver or release by COUNTY of GRANTEE’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between GRANTEE and subcontractors; (2) COUNTY’s review, extent of review or lack of review of any such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. D. GRANTEE shall notify the COUNTY in writing if another person/entity acquires, directly or indirectly, more than 50 percent of the voting power of the shares entitled to vote for directors of GRANTEE. Notice shall be given within ten (10) days of such acquisition and shall specify the name and business address of the acquiring person/entity. The COUNTY reserves the right to require the acquiring person/entity to promptly become a signatory to this Agreement by amendment or other document so as to help assure the full performance of this Agreement. 12. MERGER AND MODIFICATION A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. C. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger and Modification, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. 13. DEFAULT AND CANCELLATION A. If GRANTEE fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless GRANTEE’s default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to GRANTEE. B. Upon cancellation or termination of this Agreement, the GRANTEE shall itemize any and all Tree Grant Fund expenditures up to the date of cancellation or termination and return any Tree Grant Funds not yet expended. C. For purposes of this subsection, “Data” means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. Upon expiration, cancellation or termination of this Agreement: 1. At the discretion of COUNTY and as specified in writing by the Contract Administrator, GRANTEE shall deliver to the Contract Administrator all Data so specified by COUNTY. 2. COUNTY shall have full ownership and control of all such Data. If COUNTY permits GRANTEE to retain copies of the Data, GRANTEE shall not, without the prior written consent of COUNTY or unless required by law, use any of the Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such Data. 3. Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition, GRANTEE shall, upon COUNTY’s request, certify destruction of any Data so specified by COUNTY. D. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due COUNTY from GRANTEE is determined. Following notice from COUNTY of the claimed breach and damage, GRANTEE and COUNTY shall attempt to resolve the dispute in good faith. E. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. F. The COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. G. This Agreement may be canceled with or without cause by either party upon thirty 30) day written notice. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 15. CONTRACT ADMINISTRATION In order to coordinate the services of GRANTEE with the activities of the Hennepin County Environment and Energy so as to accomplish the purposes of this Agreement, Jennifer Kullgren, Environmentalist, who can be contacted at (612) 596-1175 at Jen.Kullgren@Hennepin.us or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and GRANTEE. Tim Teynor, who can be contacted at (763)593-3976 and TTeynor@GoldenValleyMn.gov, shall manage this Agreement on behalf of the GRANTEE. GRANTEE may replace such person but shall immediately give written notice to the COUNTY of the name, phone number and email address of such substitute person and of any other subsequent substitute person. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE shall comply with all applicable conditions of the specific referenced grant. C. GRANTEE certifies that it is not prohibited nor has it hired any business which is prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 17. RECYCLING GRANTEE must have or establish a recycling program for at least three recyclable materials, such as, but not limited to, paper, glass, plastic, and metal. 18. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of the Agreement. 19. MEDIA OUTREACH GRANTEE shall not use the term “Hennepin County”, or any derivative thereof in GRANTEE’s advertising, external facing communication and/or marketing, including but not limited to advertisements of any type or form, promotional ads/literature, client lists and/or any other form of outreach, without the written approval of the Hennepin County Environment and Energy Communications Unit, or their designees. 20. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK COUNTY ADMINISTRATOR APPROVAL GRANTEE COUNTY OF HENNEPIN STATE OF MINNESOTA By:____________________________ Insert name By:____________________________ Insert name Reviewed for COUNTY by The County Attorney’s Office: By:____________________________ Insert name By:____________________________ Insert name Reviewed for COUNTY by: By:____________________________ Insert name By:____________________________ Insert name Document Assembled by: By:____________________________ Insert name By:____________________________ Insert name GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* By: CITY OF GOLDEN VALLEY: By:____________________________ Shepard M. Harris, Mayor By: ____________________________ Timothy J. Cruikshank, City Manger GRANTEE represents and warrants that it has submitted to the COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. Attachment A 1. Project description (30%) Provide a summary of the project that describes project goals, expected outcomes, impacted communities and how the project area was selected. Is this project new or does it build on past work? In 2010 to 2011, The City of Golden Valley completed a partial inventory of public ash and other deciduous trees located in open landscaped areas of City property such as street boulevards, playgrounds, recreation areas, and City campuses. If awarded the funding from the Hennepin County Healthy Tree Canopy Grant, the City will update its tree inventory to include all ash and high-risk trees that are within 30-40 feet of public trails, bikeways and perimeters of nature areas, open spaces, and wooded areas within City parks. This distance from public-use areas and private property will be inventoried because the mature height of green ash is 50 to 60 feet at maturity. By completing this update to the public tree inventory, staff will be able to better manage the overall tree population on City property by taking preventative measures against potential threats for our trees in non-landscaped areas. These potential threats include emerald ash borer, climate variation, overlooked tree maintenance, and currently unknown diseases or pests. Additionally, updating the Golden Valley tree inventory to include areas near trails and the perimeters of City parks will help staff achieve action items and goals laid out in our 2040 Comprehensive Plan, our Natural Resources Management Plan, our Resilience and Sustainability Plan, and our Emerald Ash Borer Management Plan by having better information about the amount and type of trees the City is responsible for managing. If awarded the Hennepin County Healthy Tree Canopy Grant, the tree inventory would be completed in 2020 by a contractor who is an ISA certified arborist. The arborist will collect the data needed to complete the inventory objectives, write the final report to Hennepin County under the supervision of Al Lundstrom, City Forester and Park Maintenance Supervisor, Tim Teynor, Assistant City Forester, with assistance from Eric Eckman, Development and Assets Supervisor. The grant and local match will fund the compensation of the certified arborist to do the ash and risk tree inventory as specified in this grant. Given the wide range of locations throughout the City that would be included within this tree inventory (see attached map), we hope to impact the entire Golden Valley community by better allocating our limited forestry resources for an overall healthy, sustainable urban forest. This improved allocation of resources will not occur until the City is aware of the total number and types of trees in its urban forest that it must manage. What topics will you address during this project? (Please indicate all that apply.) Ash tree removal Public tree inventory Systemic ash treatment Urban forest management plan Municipal urban forestry department development Emerald ash borer preparedness/management plan Volunteer engagement Community education and engagement Tree species diversity enhancement Energy conservation Water protection Healthy Tree Canopy Grant 2019) 13 Describe the historic practices and barriers that have led to the need for funding outside of the current levels within your city that is available for environment and natural resources. The City of Golden Valley has two full time foresters on staff. Our head City Forester, however, doubles as our Park Maintenance Supervisor. Even with two City Foresters, our staff is stretched thin and must prioritize day-to-day upkeep over long term projects. Our main barrier is a lack of time and resources to update our tree inventory given the current workload of these two employees. 2. Project details (30%) Explain the specifics of your project. Describe the project site location and the number of trees you intend to remove and/or plant. What species and tree stock type do you intend to utilize? Who owns the land you are proposing to complete work on? The exact project site locations that will be inventoried are depicted on the attached map in red. The maps shows both priority areas for the inventory, with areas around bikeways, trails, and park perimeters being inventoried first followed by City-owned non-landscaped property. The certified arborist will cover all 203.7 acres over the time period of 6 months from May to November to inventory all ash and high-risk trees with a priority placed on area surrounding bikeways, trails, and park perimeters. The inventory work will be completed using GV Trimble R2 GPS and an iPad with Cartegraph Asset management software. The city will contact local tree-care companies with at least one ISA certified arborist on their staff with a Request for Proposals to do the focused tree inventory. The project proposal that is selected with be based upon previous public tree inventory experience and projected budget to complete the project. Before hiring the contractor, the City will get approval from the grant manager and forestry staff at Hennepin County for the hire to ensure that the contractor will be able to complete the tree inventory as defined in the grant proposal. The City of Golden Valley is an equal opportunity employer and will continue that commitment to equal opportunity in this hiring process. This grant opportunity aligns with county initiatives to reduce racial disparities in health and environmental quality. How will this project potentially reduce disparities? For example, does the project target or include lower income areas? Given the wide range of areas that will be inventoried, several of the areas are near existing properties in Golden Valley that currently have residents that are 50-60% area median income, such as Pennsylvania Woods next to Dover Hills Apartments. These residents deserve to be surrounded by City-owned property that is properly maintained, treated and cared for. For example, since the City has already completed the tree inventory for boulevards, the main Golden Valley residents currently benefitting from active urban forest management on City- owned property are mainly commercial businesses and single family homes. There is a strong equity argument to updating the City tree inventory to include all City property so all citizens of Golden Valley, regardless of any demographic classifier that can be attributed to them, can benefit from more coordinated urban forestry management. Additionally, the contractor will inventory City-owned ash and risk trees near trails and bikeways. If these trees get sick, infested, or are poorly maintained, there is a higher risk of them falling, creating dangerous situations for users of trails and bikeways. Data collected by the United States Census Bureau in the American Community Survey from 2008-2012 shows that the majority of citizens walking or biking to work are considered low income as evidenced by the attached graphic. Protecting users of Golden Valley’s trails and bikeways from tree related Healthy Tree Canopy Grant 2019) 14 incidents also works to improve the safety of our lower income residents who are more likely to be users of our pedestrian and bike system. Provide a timeline of project activities. March 2020 –Contact and distribute the Request for Proposals to contractors that do tree inventory work. Early April 2020 – Review and selection of project proposal. Mid to Late May 2020 – Contractor will schedule and start inventory. May to November 2020 – Contractor will start and complete inventory of ash and high-risk trees in 203.7 acres of non-landscaped City-owned property. November to December 2020 – Contractor and Tim Teynor, City Assistant Forester, will write a report analyzing the work completed and data collected from this work and submit it to Hennepin County. 3. Project partners, participants, staff and volunteers (20%) Describe your organization, mission, goals, and programs. Describe your recent accomplishments related to community forestry. The City of Golden Valley’s mission is to serve, protect, and provide opportunity to the residents within our jurisdiction. We strive to create a high quality of life for Golden Valley citizens through efforts such as economic development, planning, engineering, and other municipal services. In order to continue our pursuit of this mission of excellence, the City hopes to continually improve its forestry and natural resource management and maintenance. We have a certified City Forester on staff who, in 2018, managed several programs such as mitigation of Dutch elm disease and oak wilt, maintained City trees in landscaped areas, coordinated tree removals and replacements, administers the tree and landscape permit program and did resident consultations. The most recent accomplishment for Golden Valley in the field of forestry is that we are entering our 33nd year of meeting Tree City U.S.A. standards. Attached to this application is the 2018 Forestry Program Summary for the City of Golden Valley detailing the efforts and programs that qualified Golden Valley for this honor and that are significant forestry accomplishments. List the project partners and volunteers who help with implementing this project. Briefly describe their role in the project and their qualifications. Please include the person who will manage financial reporting for the project. The main partner in this project would be the contractor, an ISA certified arborist, who would be hired to complete the inventory of ash and high-risk trees that are 30 to 40 feet from public paths, trails or edges of wooded areas in the 203.7 acres of nature areas and open spaces, and facilitate the reporting to Hennepin County. Adding a temporary contractor to complete this work will allow current staff to continue general day-to-day tasks and operations. Additionally, the project will be supervised by Al Lundstrom, City Forester & Park Maintenance Supervisor, Tim Teynor, Assistant City Forester, and Eric Eckman, Development and Assets Supervisor. Our City Forester has an Urban Forestry Degree and the Assistant City Forester has an M.S. in Horticulture and is an ISA certified arborist and ISA Tree Risk Assessment Qualified. Three additional staff members are also certified Minnesota DNR tree inspectors. The Development and Assets Supervisor manages the City’s GIS and Asset Management functions and staff, and has overseen the completion of several comprehensive inventories in the City including the original 2010 tree inventory. For financial reporting, the Golden Valley Finance staff will provide monthly reports based on contractor’s hours worked and rate to the County. Healthy Tree Canopy Grant 2019) 15 Please list and provide and letters of support from significant organizations and/or experts you will partner with to implement this project. (optional) Attached is a resolution from the Golden Valley City Council supporting this application for the Hennepin County Healthy Tree Canopy Grant, which has since been revised due to the reduced scope of the work to be done with this grant. Describe how you could benefit from greater collaboration with the county on this project? This work would not be able to be accomplished in Golden Valley given current staffing without collaboration with Hennepin County. The increased ability of Golden Valley staff to better manage our natural resources and urban forest would be a direct benefit to residents of the City, and therefore, the County. The greater collaboration between Golden Valley and Hennepin County as a result of the awarding of this grant would allow for a stronger effort on the part of the City to reach our goals and support the health and safety of our residents. Hennepin County’s resources and expertise would be invaluable in updating our tree inventory as well as having the added benefit of strengthening the relationship between Golden Valley and Hennepin County. 4. Budget (10%) What is your overall funding request? What is your match and can you provide proof that you’re able to meet this requirement? Our overall funding request is up to $6,000 in funding from the Hennepin County Healthy Tree Canopy Grant. This amount would cover the majority of the cost for having a contractor, who is an ISA Certified arborist, complete a tree inventory of ash and high-risk trees that are 30-40 feet from public paved paths, trails, or edges of wooded areas for all 203.7 acres of nature areas and open spaces. If awarded less than $6,000, staff will focus on the highest priority areas to inventory, and adjust the contractor hours and the timeline for completion. Staff believes that partial completion of the ash and high-risk tree inventory for non-landscaped City-owned property is more desirable than not completing any of the ash and risk-tree inventory in these areas. The City of Golden Valley has committed to a local match of $1,500 if awarded the Hennepin County Healthy Tree Canopy Grant. If the City is not awarded the full $6,000, we are still able to provide the appropriate match. Funding is available in the city’s forestry operational contractual maintenance budget. Why do you need this funding and what project work will not happen without Healthy Tree Canopy funding? The City of Golden Valley needs this funding to improve the management of its urban forest and other natural resources. The City only has data for a partial amount of the trees that it is responsible for maintaining and protecting. Creating a tree inventory for ash and high-risk trees in non-landscaped City-owned property will help the City better achieve its goals laid out in a variety of plans and its overall goal of excellent service for the community. Although the City was able to complete a tree inventory of ash and other deciduous trees for landscaped City-owned property, staffing structure in our organization has changed since 2010 – 2011. We no longer have the capacity to update the tree inventory and this grant would allow the collection and organization of data for an updated tree inventory that would otherwise not happen. 5. Project evaluation (10%) You are required to submit documentation noting the changes to tree ordinances or management plans, how these are implemented, and the outcomes that have been measured as a result of their implementation. You may also measure changes by collecting and tracking data regarding tree diversity, overall canopy condition changes, stormwater mitigation, and energy savings. Who will track data and report? Healthy Tree Canopy Grant 2019) 16 The City’s tree inventory currently is a comprehensive, map-driven database that can be utilized and edited in the field by staff with iPads and the updated inventory will take the same form. The data will be tracked via GV Trimble R2 GPS and an iPad with Cartegraph Asset management software and shared with Hennepin County. Additionally, Golden Valley has a GIS Specialist on staff who can work with the data to complete several geographic infographics to analyze and understand the data collected. In what other ways will you measure outcomes from the project? Outcomes from this project will be measured qualitatively in the use of the tree inventory and its incorporation into future forestry planning efforts in Golden Valley. Our existing tree inventory is used on a daily basis for continually measuring the City’s ash tree liability, assisting in determining public versus private tree responsibilities, identifying and administering tree maintenance and planting needs, and determining City forestry budget needs. Outcomes can be measured quantitatively given Golden Valley’s participation in GreenStep Cities and our Resilience and Sustainability Plan. We have a goal of maintaining at least 40% tree canopy cover in the City and we track removals and plantings accordingly. We also aim to offset CO2 emissions by planting trees in general, and more specifically locating trees near areas that can help reduce urban heat island effect such as streets and parking lots. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. F. 2 Acceptance of 2019 Ongoing Donations Prepared By Sue Virnig, Finance Director Summary This resolution is for acceptance of donations received from throughout the year for ongoing programs that are approved at year end. The solicitation letter list is from 12-12-18 through 12-1-19. Financial Or Budget Considerations Donations are accepted for the Golden Valley Human Services Commission throughout the year. Recommended Action Motion to adopt Resolution Accepting Donations for the Ongoing Programs. Supporting Documents Resolution Accepting Donations for the Ongoing Programs (2 pages) List of Donors and Amounts (4 pages) RESOLUTION NO. 19-71 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council; and WHEREAS, cash donations sent to the Golden Valley Human Services Commission are from 12/13/18 through 12/01/19 are on Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Run The Valley Sponsorships: Lund’s & Byerly’s $1000 Liberty Carton $500 Bassett Creek Dental $500 Salus LLC DBA Anytime Fitness $500 GV Kids & Advances in Orthodontics $500 Mathnasium $500 Bach to Rock $500 Oak Grove Church $300 Trustone Financial $300 Gary Metchnek $100 Fluency Digital Inc $100 Golden Valley Greens Classic Sponsorships: Room and Board $1,000 Lunds and Byerlys $500 Denise LeMere-Anderson $300 Short Elliot Hendrickson, Inc $500 Rudy Luther $500 Bolten & Menk $500 Timothy Clarkson $200 Mary Kay $300 Discover St Louis Park $500 Liberty Carton $500 BNC Bank (hole in one sponsor) $300 Frankie’s Pizza (product) $800 Resolution No. 19-71 -2- December 17, 2019 Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk EXHIBIT Undesignated The Bridge For Youth Crisis Nursey HUG Northwest Suburban Dinner At Yoour Door PRISM Senior Community Services / HOME Senior Community Services / Outreach Program Sojourner Project Tree House YMCA - New Hope TOTAL Adair, Mary 20.00 20.00 Al-Rifai, Susan 50.00 50.00 Anderson, Karen 30.00 30.00 Anderson, Sue 20.00 20.00 Anderson, Barbara 20.00 20.00 Arme, Delphine 10.00 10.00 Bach, Barbara 30.00 30.00 Bakke, Bea 10.00 10.00 Bauer, Betty 20.00 20.00 Belden, Teresa 30.00 30.00 Bennett, Wendy 100.00 100.00 Benthin, Roxy 20.00 20.00 Berg, David & Cindy 20.00 20.00 Bergquist, Edward 35.00 35.00 Berven, Pamela 30.00 30.00 Beugen, Paula 50.00 50.00 Bjork, Heather 30.00 30.00 Blomquist, Judith 20.00 20.00 Broadhurst, John 20.00 20.00 Burke, Penny Thompson-Burke & Josh 30.00 30.00 Carpel/Vanguard, Emmett 30.00 30.00 Carpentier, Louise 40.00 40.00 Caruthers, Andrew and Linda 30.00 30.00 Cervantes, Lucille 10.00 10.00 Christiansen, Ann and Richard 50.00 50.00 City of GV, Kirsten Santelices 300.00 300.00 Cope, Tim and Cathy 30.00 30.00 Cragg, Dan 25.00 25.00 Diangelis, Nina & Anthony 30.00 30.00 30.00 30.00 120.00 Doorenbos, Pamela 10.00 10.00 Dorman, Joan 30.00 30.00 Drolet, Jacqueline 4.00 4.00 4.00 4.00 4.00 20.00 Dykstra, Anne 20.00 20.00 Erickson, Luverne 30.00 30.00 Erickson, Hilmer and Gloria 100.00 100.00 Estrin, Linda 10.00 10.00 Fefercorn, Rosella 25.00 25.00 Flom, Dennis 10.00 10.00 Forde, Joan 30.00 30.00 Godejohn, Donna 100.00 100.00 Undesignated The Bridge For Youth Crisis Nursey HUG Northwest Suburban Dinner At Yoour Door PRISM Senior Community Services / HOME Senior Community Services / Outreach Program Sojourner Project Tree House YMCA - New Hope TOTAL Grant, Todd & Debra 50.00 50.00 Grazidi, William 20.00 20.00 Green, Barb and Paul 30.00 30.00 Greenberg, Myron 10.00 10.00 Greenlees, P.M.50.00 50.00 Grussing, Donald and Grace 30.00 30.00 Gustner, Shirley 30.00 30.00 Harris, Phyllis 25.00 25.00 Heller, Steven and Bonnie 50.00 50.00 Hillenbrand, Rita 10.00 10.00 Hoang, Minhba 20.00 20.00 Holmstrom, Pat 6.00 6.00 Hughes, Ellen 50.00 50.00 Ingber, Alan 20.00 20.00 Jodock, Janice 30.00 30.00 Johnson, Dan and Julie 40.00 40.00 Johnson, Dennis 10.00 10.00 Johnson, Andrew 20.00 20.00 Johnson, James 20.00 20.00 Johnson, David & Maria 50.00 50.00 Johnson, James 200.00 200.00 Juliar, Donovan 20.00 20.00 Karol, Nate 50.00 50.00 Kauffman, Judith 20.00 20.00 Kelley, Suzanne 100.00 100.00 Kennedy Family Charitable Fund, James & Cathryn 100.00 100.00 Kenow, Judith 5.00 5.00 Keplinger, Wayne 250.00 250.00 Kline, Alfred 20.00 20.00 Kokesh, Paul 10.00 10.00 Kuball, David and Jan 50.00 50.00 Kukkola, Virginia 35.00 35.00 Labounty, Chris 25.00 25.00 50.00 Laine, Dawn 10.00 10.00 20.00 Lankmark, Stephanie 25.00 25.00 Lazear, Wendy and Robert 100.00 100.00 Leppik, Margaret & Ilo 100.00 100.00 Lerner, Trudy 50.00 50.00 Leverone, Joseph 50.00 50.00 Lilja, Partick & Beth 100.00 100.00 Long, Phyllis 20.00 20.00 Undesignated The Bridge For Youth Crisis Nursey HUG Northwest Suburban Dinner At Yoour Door PRISM Senior Community Services / HOME Senior Community Services / Outreach Program Sojourner Project Tree House YMCA - New Hope TOTAL Loveless, Philip & Donna 50.00 50.00 Mainerich, Joyce 50.00 50.00 McGraw, Anne & Patrick 30.00 30.00 McIntire, Catherine 15.00 15.00 Mensheha, Mary 100.00 100.00 Miller, Rich and Susan 100.00 100.00 Momsen, Tim and Anita 25.00 25.00 More, Derek and Alysa 50.00 50.00 Nadreau, Donald 10.00 10.00 10.00 30.00 Naescher, Briana 50.00 50.00 Nielsen, Mary M.20.00 20.00 Olinger, John and Barbara 10.00 10.00 Olson, Rod and Connie 30.00 30.00 Omar, Abdullahi 30.00 30.00 Orbuch, Joyce and Martin 20.00 20.00 Ostlund, Bonnie 45.00 45.00 Paradise, Jonathan and Ruth 15.00 15.00 30.00 Paterson, Barbara 10.00 10.00 Pellizzer, Jane & Michael 50.00 50.00 Penk, Dean and Julie 15.00 15.00 Pennington, Pat 35.00 35.00 Peterson, Mary Jo 500.00 500.00 Phillips, Frances 10.00 10.00 Programs Inc., Kelly-Norton 100.00 100.00 Quirk, Mary 30.00 30.00 Reiss, Elaine 50.00 50.00 Robashkin, Elaine & Zeev 20.00 20.00 Robinson, Mary and Stephen 30.00 30.00 Rosai, Hilda Maria 10.00 10.00 Sanches, Kelly & Joe 30.00 30.00 Savitt, Steven 200.00 200.00 Schaub, Barry and Marjorie 40.00 40.00 Schlumpberger, C.A.20.00 20.00 Schmidgall, Steven 30.00 30.00 Segal, Faye 15.00 15.00 Shaffer, Robert & Mary 0.00 0.00 Shaffer, Roobert & Mary 100.00 100.00 Sherburne, Jim 30.00 30.00 Siegel, Richard and Helen 30.00 30.00 Skalitzky, Tom and Katy 25.00 25.00 50.00 Smith Ide, Nadine 10.00 10.00 Undesignated The Bridge For Youth Crisis Nursey HUG Northwest Suburban Dinner At Yoour Door PRISM Senior Community Services / HOME Senior Community Services / Outreach Program Sojourner Project Tree House YMCA - New Hope TOTAL Stern, Andrea 20.00 20.00 Swaggert, Suzann 20.00 20.00 Tomes, Stacy 50.00 50.00 Uttley, James 500.00 500.00 Vodovoz, Toots 100.00 100.00 Wieland, Halima and Ronald 30.00 30.00 Wilsman, Norman 20.00 20.00 Wilson, Nan 15.00 15.00 30.00 Winkie, Patricia 20.00 20.00 X, X 10.00 10.00 Ye, Luverne 20.00 20.00 4,841.00 94.00 114.00 200.00 129.00 729.00 110.00 125.00 90.00 29.00 20.00 6,481.00 Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. F. 3. Approve Grant Agreement with Minnesota Housing Finance Agency for 2019 Capacity Building Initiative Grant Prepared By Myles Campbell, Planner Summary In September of this year, the City of Golden Valley was awarded a grant from the Minnesota Housing Finance Agency (MHFA) as part of its Capacity Building Initiative. MHFA has asked the City to approve the attached agreement, which sets forth the terms and conditions of the grant. MHFA’s Capacity Building Initiative aims to help build organizational capacity surrounding housing- related projects across Minnesota. The City intends to utilize this program to explore new methods of using surplus publicly-owned land for affordable housing. The main goal of this project is to better understand how the City can convert existing vacant lands that are publicly-owned into new affordable housing opportunities. Staff submitted an initial project plan to MHFA outlining the various deliverables of the work, which include: legal research on conveying public land, a thorough site preparation process, and a participatory community engagement process for residents living around selected sites. These tasks were chosen by staff as being the first steps in establishing a procedure for this type of work in the City’s future. The participatory engagement aspect of this project is primarily what is being funded by the grant itself. The City will issue a Request for Proposals (RFP) from qualified community engagement consultants in January and plan to have the selection made by February. The ideal consultant for this project will have a background in engagement around affordable housing and experience working with diverse interest groups. The engagement process will take place over the winter and spring and will culminate in a report that will be presented to Council, in addition to the full project report in late summer. Financial Considerations Via the Grant, MHFA will reimburse costs of the Capacity Building Project up to $22,000. $17,600 shall be paid upon execution of this Grant Contract. The remaining $4,400 shall be distributed upon receipt of an invoice and delivery of the Final Report. City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 Recommended Action Motion to adopt Resolution accepting a grant from the Minnesota Housing Finance Agency for Capacity Building Initiative Grant Program. Motion to authorize the Mayor and City Manager to execute the State of Minnesota Grant Agreement between the City of Golden Valley and the Minnesota Housing Finance Agency in the form approved by the City Attorney for building the City’s capacity to provide new affordable housing via vacant lands under public ownership. Attachments Resolution accepting a grant from the Minnesota Housing Finance Agency for Capacity Building Initiative Grant Program (1 page) State of Minnesota Grant Contract (7 pages) RESOLUTION NO. 19-72 RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA HOUSING FINANCE AGENCY FOR CAPACITY BUILDING INITIATIVE GRANT PROGRAM 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 and Minnesota Statutes, section 465.03 state that a grant or 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; and WHEREAS, the City applied for a grant, in the amount of $22,000, from the Minnesota Housing Finance Agency’s (MHFA) Capacity Building Grant Initiative, the application for which was supported by the City Council at their meeting on June 18, 2019, in Resolution No. 19-38; and WHEREAS, MHFA awarded the City $22,000 to fund the a consulting community engagement specialist to conduct outreach surrounding affordable housing generally and the specific site design considerations for select public lands the City would like to see converted into affordable housing and for the printing and production of materials related to this engagement process. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grant on behalf of its citizens: A grant from the Minnesota Housing Finance Agency in the amount of $22,000 to build the City’s capacity to provide long-term affordable housing via the disposition of publically owned and under-utilized land. This project will include legal research on public land disposition policies, a participatory community engagement process for residents, and site preparation for selected publically owned parcels. Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk 1 041019 updated Competitive Grant Agreement for Nongovernmental Organizations STATE OF MINNESOTA GRANT CONTRACT This Grant Contract is between the State of Minnesota, acting through its Commissioner of Minnesota Housing Finance Agency (the "STATE") and the City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427(the "GRANTEE"). Recitals 1. Under Minn. Stat. 462A.05, Subd. 7, the State is empowered to enter into this Grant Contract. 2. The State is in need of increase capacity of housing development partners. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Contract to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this Grant Contract. Grant Contract 1 Term of Grant Contract 1.1 Effective date: October 15, 2019, or the date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5, whichever is later. Per, Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this Grant Contract is fully executed. 1.2 Expiration date: October 31, 2020, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1) and review the State of Minnesota Office of Grants Management policy 08-01, (Conflict of Interest for State Grant-Making). If the Grantee has knowledge or becomes aware of any actual, potential, perceived, or organizational conflicts of interest with respect to the Grant Contract, the Grantee shall immediately disclose the conflict of interest directly to the State. 2.2 Select and hire a contractor to conduct community engagement forums about affordable housing placing a specific emphasis on including diverse communities in the engagement and decision making processes. The contractor shall have a deep understanding of and experience working with diverse communities and must use proven strategies for engaging with diverse communities on affordable housing or similar issues. 2.3 Seek input from community organizations, including the Golden Valley Housing Coalition, Rising TIDES Equity Task Force, Golden Valley Human Rights Commission and others to conduct community engagement around affordable housing. The community engagement process shall include design meetings with stakeholders, including the Grantee’s Rising TIDES Equity Task Force, Golden Valley Human Rights Commission, and other community groups from diverse communities and communities that the Grantee aims to serve through its affordable housing policy. 2.4 Subject to City Council approval, propose land parcels to transfer to non-profit partners, such as West Hennepin Affordable Housing Land Trust or Habitat for Humanity, for construction and maintenance of land trust properties or other affordable housing projects. 2 041019 updated Competitive Grant Agreement for Nongovernmental Organizations 2.5 Participate in the development of a legal research memo and solution for MNDOT conveyance parcels. 2.6 Develop a summary of the process used to engage the public around affordable housing and to convey MNDOT turnback parcels for affordable housing, to be used and replicated in other cities. 2.7 Work with Rising TIDES Equity Task Force and Golden Valley Human Rights Commission to create a public land disposition policy that addresses affordable housing. 2.8 Create a fair housing policy. 2.9 Guide at least eight parcels of land currently zoned as right of way to be zoned for residential use for affordable housing development. 2.10 Support recipients of land conveyed by Grantee in the construction and mortgage process to make use of such parcels for land trust homes targeted to purchasers at 80% AMI or below or other affordable housing projects. 2.11 Present the legal research findings and Project (as defined below) results to the League of Minnesota Cities and the American Planning Association. 2.12 Participate in two check-ins with staff of the State: once between January 27and February 28, 2020 and once between June 1 and July 2, 2020. 2.13 Submit a one-page report six months after Grant Contract execution outlining work completed, areas of challenge or concern, any support needed from the State, and a Financial Report (Attachment A) with a side-by-side comparison of the proposed budget (see Attachment B for proposed budget) for the Grant Funds (as defined below) and actual expenses. 2.14 By October 31, 2020, provide the State with a Final Report which includes the following: 1. Financial Report for the Grant Contract period with a side-by-side comparison of the proposed budget for the Grant Funds and actual expenses. 2. Expected and achieved outcomes. 3. Top three to five successes and challenges of the project funded by this Grant Contract the “Project”). 4. The impact this Project has had on the Grantee, the field of work, and the community. 5. If any Project outcomes were not achieved, the additional work that would be required to achieve them. 6. Next steps, if any, for continuing the Project. 3 Time The Grantee must comply with all the time requirements described in this Grant Contract. In the performance of this Grant Contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this Grant Contract as follows: a) Compensation The Grantee will be paid a lump sum of $22,000. b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this Grant Contract will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. 3 041019 updated Competitive Grant Agreement for Nongovernmental Organizations c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this Grant Contract will not exceed $22,000 (the “Grant Funds”). 4.2 Payment a) Invoices The State will promptly pay the Grantee upon Grant Contract execution and upon receipt of an invoice demonstrating successful completion of its duties under this Grant Contract. Payment shall be made according to the following schedule: 17,600 shall be paid upon execution of this Grant Contract. The remaining $4,400 shall be distributed upon receipt of an invoice and the Final Report, subject to successful monitoring. b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at Grant Contract closeout. 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44; consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. According to Minn. Stat. §177.42, the term project” is defined as the “erection, remodeling, or repairing of a public building or other public work financed in whole or in part by state funds”. This state prevailing wage requirement may be affected if federal prevailing wage requirements also apply to the same project. 5 Conditions of Payment All services provided by the Grantee under this Grant Contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Alyssa Wetzel-Moore, Community Development Director, 400 Wabasha St. N., Ste 400, Saint Paul, MN 55102, 651-296-3617, Alyssa.Wetzel-Moore@state.mn.us or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this Grant Contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Jason Zimmerman, Planning Manager, 7800 Golden Valley Road, Golden Valley, MN 55427, 763-593-8099, JZimmerman@goldenvalleymn.gov. If the Grantee’s Authorized Representative changes at any time during this Grant Contract, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this Grant Contract without the prior written consent of the State, approved by the same parties who executed and approved this Grant Contract, or their successors in office. 7.2 Amendments 4 041019 updated Competitive Grant Agreement for Nongovernmental Organizations Any amendments to this Grant Contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this Grant Contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete This Grant Contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this Grant Contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Contract. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Contract, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Date Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Grant Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 10.2 Intellectual Property Rights A. Intellectual Property Rights. The Grantee shall own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the WORKS and DOCUMENTS. WORKS shall mean all inventions, improvements, or discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks, conceived, reduced to practice, created, or originated by the Grantee, its employees, and sub-grantees, either individually or jointly with others, in the performance of this Grant Contract. WORKS shall include the DOCUMENTS. The DOCUMENTS are the originals of any databases, computer programs, reports, notes, or other materials and documents, whether intangible or electronic forms, prepared by the Grantee, its employees, or sub-grantees, in the performance of this Grant Contract. The DOCUMENTS shall be the exclusive property of the Grantee. The State agrees to, and hereby does, assign all rights, title, and interest it may have in the WORKS and the DOCUMENTS to the Grantee. The State shall, at the request of the Grantee, execute all papers and perform all other acts necessary to transfer or record the Grantee’s ownership interest in the WORKS and DOCUMENTS. 5 041019 updated Competitive Grant Agreement for Nongovernmental Organizations B. Obligations. The Grantee represents and warrants to the State that the WORKS and DOCUMENTS do not and shall not infringe upon any intellectual property rights of others. The Grantee shall indemnify, defend, and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the WORKS or DOCUMENTS infringe upon intellectual property rights of others. The Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee shall, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the State shall be in addition to and shall not be exclusive to other remedies provided by law. C. License to the State. The Grantee hereby grants to the State a perpetual, irrevocable, no-fee right and license to make, have made, reproduce, modify, distribute, perform, and otherwise use the WORKS and DOCUMENTS for any and all purposes, in all forms and manners that the State, in its sole discretion, deems appropriate. The Grantee shall, upon the request of the State, execute all papers and perform all other acts necessary, to document and secure said right and license to the WORKS and DOCUMENTS by the State. At the request of the State, the Grantee shall permit the State to inspect the original DOCUMENTS and provide a copy of any of the DOCUMENTS to the State, without cost, for use by the State in any manner the State, in its sole discretion, deems appropriate. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this Grant Contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Contract. All projects primarily funded by state grant appropriation must publicly credit the State of Minnesota, including on the Grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Grant Contract. Venue for all legal proceedings out of this Grant Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this Grant Contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 6 041019 updated Competitive Grant Agreement for Nongovernmental Organizations 14.2 Termination for Cause The State may immediately terminate this Grant Contract if the State finds that there has been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding The State may immediately terminate this Grant Contract if: a) Funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Fraud Fraud is any intentionally deceptive action made for personal gain or to damage another. Any person or entity (including its employees and affiliates) that enters into an agreement with the State and witnesses, discovers evidence of, receives a report from another source, or has other reasonable basis to suspect that fraud or embezzlement has occurred must immediately make a report to: The State’s Chief Risk Officer at 651.296.7608 or 800.657.3769; Any member of the State’s Senior Leadership Team, as denoted on the State’s current organizational chart (http://www.mnhousing.gov/sites/np/leadership); or The State’s hotline reporting service vendor, EthicsPoint, by calling toll-free 866.886.1274 to speak with a live operator or by visiting the EthicsPoint reporting webpage. 17 Suspension By entering into any agreement with the State, a contracting party represents that the contracting party including its employees or affiliates that will have direct control over the subject of the agreement) has not been suspended from doing business with the State. Please refer to the State’s website for a list of suspended individuals and organizations (http://www.mnhousing.gov/sites/np/suspensions). 7 041019 updated Competitive Grant Agreement for Nongovernmental Organizations 1. GRANTEE The Grantee certifies that the appropriate person(s) have executed the Grant Contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Shepard M. Harris, Mayor Date: By: Timothy J. Cruikshank, City Manager Date: 2. STATE AGENCY By: Title: Date: Distribution: Agency Grantee Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. F. 4. Authorize 2017 Grant Agreement for the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Prepared By Jeff Oliver, City Engineer R.J. Kakach, Assistant City Engineer Summary The Minnesota Legislature appropriated $3.739M in 2017 for the Metropolitan Council Infrastructure Inflow/Infiltration (I&I) Grant program. The City of Golden Valley applied for this grant program and City Council authorized a resolution for application in October of 2016. The Metropolitan Council I&I Grant is a reimbursement grant for local public improvements made over a two year period. Between November 1st of 2017 and November 1st of 2019, eligible I&I improvements on the City of Golden Valley public infrastructure system were tracked for reimbursement through the Metropolitan Council I&I grant. In 2018, the Minnesota Legislature appropriated and additional $5M towards this grant is to be distributed amongst all grant applicants, including the City of Golden Valley. In September of 2019, City Council authorized the final submittal to the Metropolitan Council Infrastructure Inflow/Infiltration Grant program. A resolution was passed which was then included in the final grant submission to the Metropolitan Council on November 1st, 2019. Two weeks later, the Metropolitan Council finalized the grant disbursement amounts and provided each participating City a grant agreement for execution. The final grant agreement provided updated reimbursement figures for the City of Golden Valley. At the September 17, 2019 City Council meeting, staff estimated a grant reimbursement amount of approximately $168,500. The updated final grant agreement amount for the City of Golden Valley is 197,322.72. Staff recommends authorization of the 2017 Metropolitan Council Municipal Publicly Owned Infrastructure Inflow and Infiltration Grant agreement. City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 Financial Or Budget Considerations The City has spent approximately $570,000 on Inflow/infiltration mitigation efforts over the past two construction seasons, of which $197,322.72 is eligible for reimbursement through this grant. The funding for the Inflow /Infiltration mitigation originated from the Sewer and Water fund and the grant money will be received as a revenue in the same fund. Recommended Action Motion to Authorize the Mayor and City Manager to execute the 2017 Grant Agreement for the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program in a form approved by the City Attorney to authorize the Reimbursement of Project Costs Associated with Inflow/Infiltration Improvements. Supporting Documents Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the Golden Valley Sanitary Sewer Project (104 pages) Generic GO Bond Proceeds Ver – 5/6/19 Grant Agreement for Program End Grants R Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the Golden Valley Sanitary Sewer Project Funded by the State of Minnesota General Obligation Bond Proceeds Generic GO Bond Proceeds i Ver – 5/6/19 Grant Agreement for Program End Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess funds Article III – USE CONTRACTS [NOT TO BE USED IN THIS AGREEMENT] Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– Disbursement of Grant Section 6.02 – Conditions Precedent to Disbursement of Grant Generic GO Bond Proceeds ii Ver – 5/6/19 Grant Agreement for Program End Grants Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by Council Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates [NOT TO BE USED] Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Third-Party Beneficiary Section 7.26 – Public Entity Tasks Section 7.27 – Council and Commissioner Required Acts and Approvals. Section 7.28 – Applicability to Real Property and Facility Section 7.29 – E-Verification Section 7.30 – Jobs Reporting Requirements Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – GRANT APPLICATION Attachment V – JOBS REPORTING General Obligation Bond Proceeds MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN METROPOLITAN COUNCIL AND GOLDEN VALLEY This Intergovernmental Grant Agreement ("Grant Agreement") is made this 14th day of November , 2019, and entered into by and between the Metropolitan Council a public corporation and political subdivision of the State of Minnesota ("Council") and, Golden Valley a Minnesota Municipal corporation ("Grantee" or "Public Entity"). BACKGROUND RECITALS 85. The Minnesota Legislature has appropriated to the Council in the 2017 Session Laws Chapter 8, Section 16, subdivision 3, $3,739,000, for a grant program to be administered by the Council. In addition, the Minnesota Legislature appropriated to the Council in the 2018 Session Laws Chapter 214, Section 17, subdivision 2, $5,000,000, for a grant program to be administered by the Council. Therefore, the total 2017 I/I Grant distribution shall be $8,739,000. Each appropriation is for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council's metropolitan sanitary sewer disposal system ("I/I Municipal Grant Program"). 86. The monies allocated to fund the appropriation to the Council are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. 87. The Council has gone through a public process and formally adopted Guidelines for the I/I Municipal Grant Program. Grantee has read and understands the Council Guidelines ("Council Guidelines"). 88. Council has identified Grantee as a contributor of excessive inflow and infiltration to the Council's metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. 89. Pursuant to its authority under Minnesota Statutes § 444.075 [ or other authority, if different], Grantee operates a municipal wastewater collection system identified as Golden Valley Wastewater Collection System ("Wastewater System") and has submitted an application to and been approved by the Council for grant funds in the amount of $197,322.72, for performance of functions and activities for its inflow and infiltration mitigation capital improvement project to the Wastewater System in accordance with Council guidelines. 90. Council has reviewed and found eligible Grantee's application for grant funds and has awarded such grant funds ("G.O. Grant") to Grantee to construct a capital improvement project to 1 2 Grantee’s pipeline as described in and in accordance with the terms and conditions of this Grant Agreement. 7. The Grantee’s receipt and use of the I/I Municipal Grant Program to acquire an ownership interest in and/or improve real property (the “Real Property”) and structures situated thereon (the “Facility”) will cause the Grantee’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 16A.695 the “G.O. Compliance Legislation”) and in that certain “Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated August 1, 2017 (the Commissioner’s Order”), even though such funds shall only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. 8. Council and Grantee desire to set forth herein the provisions relating to the granting of such G.O. Grant and the disbursement thereof to Grantee and the operation of the Real Property and the Facility. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: Agreement” - means this Metropolitan Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the Golden Valley Sanitary Sewer 2017 thru 2019 Project, as such exists on its original date and any amendments, modifications or restatements thereof. Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. Certification” – means a certification in the form contained in Attachment 1-A to this Agreement and all amendments thereto, acknowledging that the Real Property and Facilities is state bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the requirements imposed by such statutes and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of the MMB. 3 Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated August 1, 2017, as amended. Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. Event of Default” - means one or more of those events delineated in Section 2.07. Facility”, if applicable, - means the Wastewater Systems as identified in Recital No. 5, which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. 4 G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. Grant Application” – means that certain grant application attached hereto as Attachment IV that the Public Entity submitted to the Council. This definition is only needed and only applies if the Public Entity submitted a grant application to the Council. If the Public Entity did not submit a grant application to the Council, then this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the Council and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ ____$1,010,408.68________ or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar 5 amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). Program Grant” - means a grant of monies from the Council to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. Project” – means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of the activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. Real Property” - means the real property located in the County of Hennepin , State of Minnesota, legally described in Attachment II to this Agreement. Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Council” - means the entity identified as the “Council” in the lead-in paragraph of this Agreement. State Program” – means the program delineated in the State Program Enabling Legislation. State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of 6 which has been established by way of written documentation that is acceptable to and approved, in writing, by the Council and the Commissioner of MMB. Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and/or if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The Council shall make and issue the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the Council or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the Council that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property that complies with the 7 requirements contained in Section 2.06. If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: An easement for the Real Property that complies with the requirements contained in Section 2.06. If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. Construction of the Facility. Renovation of the Facility. 8 X Sanitary Sewer Improvements . Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used, for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the Council and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the Council that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the Council, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the Council and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the Council that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the Council and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the Council as follows: A.It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B.It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C.It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D.This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E.It will comply with all of the terms, conditions, prov1s10ns, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F.It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the State Program. G.It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the Council or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H.It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. 9 10 I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the Council and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay 11 for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the Council and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. V. The Useful Life of the Real Property and, if applicable, Facility is ____ years. W. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the Council or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 12 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the Council and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination 13 to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the Council for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely compl y with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the Council or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the Council and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the Council to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warrant y contained in this Agreement, the Declaration, or any other document referred to herein. 14 C. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. E. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.U. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the Council or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Council, the Council or the Commissioner of MMB may enforce any or all of the following remedies. A. The Council may refrain from disbursing the Program Grant; provided, however, the Council may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the Council or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Council or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the Council and/or the 15 Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the Council and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the Council may agree in writing, then the Council’s obligation to fund the Program Grant shall terminate. In such event, i) if none of the Program Grant has been disbursed by such date then the Council’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such date then the Council shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a 16 Real Property/Facility Lease. Upon such termination the Council shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS Contents of Article III have been deliberately omitted from this Agreement. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facilit y to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed -in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be 17 deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the Council under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the Council, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the Council, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the Council shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the 18 Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the Council or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the Council acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an unrelated trade or business” or for any “private business use” (within the meaning of 19 Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the Council shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the Council shall disburse the Program Grant to the Public Entity in one lump sum. Under no circumstance shall the Council be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the Program Grant delineated in Section 1.01. If the amount of Program Grant that the Council disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the Council and the Public Entity shall enter into and execute whatever documents the Council may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the Council’s obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the Council and the Commissioner of MMB. Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the Council to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: 20 A. The Council shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant delineated in Section 1.01. B. The Council shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The Council shall have received evidence, in form and substance acceptable to the Council, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F. The Council shall have received evidence, in form and substance acceptable to the Council, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The Council shall have received evidence, in form and substance acceptable to the Council, that the Real Property and, if applicable, Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The Council shall have received evidence, in form and substance acceptable to the Council, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The Council shall have received evidence, in form and substance acceptable to the Council, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and 21 licenses which in the ordinary course of business would normally not be obtained until a later date. J. The Council shall have received evidence, in form and substance acceptable to the Council, that the Project was completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04, which requirement may be satisfied by a certificate of occupancy or such other equivalent document from the municipality in which the Real Property is located. K. The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The Council shall have received evidence, in form and substance acceptable to the Council, that the insurance requirements under Section 7.01 have been satisfied. M. The Council shall have received evidence, in form and substance acceptable to the Council, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The Public Entity has supplied to the Council all other items that the Council may reasonably require. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the Council under which the Council and the Public Entity are named as loss payees. If damages which are 22 covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The Council agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the Council named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the Council or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the Council may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature, and any funds expended by the Council to obtain or maintain such insurance shall be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the Council to obtain or maintain such insurance, and the Council’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. 23 Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the Council agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. 24 The Public Entity shall not, without the written consent of the Council and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the Council may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the Council to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the Council hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the Council to take any action, incur any expense, or expend any funds, and the Council shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the Council to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. 25 Section 7.05 Inspections by Council. Upon reasonable request by the Council and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the Council to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequentl y be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the Council and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the Council agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and 26 the results thereof. The liability of the Council and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the Council, the Commissioner of MMB, or the State of Minnesota, or others including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the Council, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the Council, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the Council, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the Council, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual 28 Council unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire a greement between the Public Entity and the Council, and there are no other agreements, either oral or written, between the Public Entity and the Council on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated wit h respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: NONE Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public 29 Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Section 7.24 Source and Use of Funds. The Public Entity represents to the Council and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: i) State funds including the Program Grant, identifying the source and amount of such funds. ii) Matching funds, identifying the source and amount of such funds. iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the Council and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the Council or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value 30 should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the Council and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.27 Council and Commissioner Required Acts and Approvals. The Council and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.30 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the Public Entity shall collect, maintain and, upon completion of the Project, provide the information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The information must include, but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. Section 7.31 Additional Requirements. The Public Entity and the Council agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. 31 NONE THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] IN TESTIMONY HEREOF, the Public Entity and the Council have executed this General Obligation Bond Proceeds Grant Agreement End Grant for the Golden Valley Sanitary Sewer Project under the 2017 Municipal Inflow/Infiltration Grant Program on the day and date indicated immediately below their respective signatures. GRANTEE: Golden Valley Minnesota Municipal corporation ("Grantee") B y: Its: Dated: And: Its: Dated: METROPOLITAN COUNCIL: B y: Regio Its: Dated: Administrator, st: ccessor, or delegate GeM,,.aJ ,J/'k/'.lg.?-, fi1v. 5e,...,,$ It-I'-/-, LL 32 ATTACHMENT II Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY For Projects for which a Certification is being submitted, use the description attached to the Certification submitted.) SG-09584 Exhibit A LEGAL DESCRIPTION, NARRATIVE DESCRIPTION, OR MAP OF RESTRICTED PROPERTY EXHIBIT A See attached maps ATTACHMENT III Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition Program Grant $197,322.72 and Other Items Paid for with Program Grant Funds Other State Funds Purchase of Ownership $_______ Interest Other Items of a Capital Nature Subtotal $_________ Sanitary Sewer Project $197,322.72 Matching Funds ________________ $_________ Subtotal $_________ Subtotal $_________ Items Paid for with Non-Program Grant Funds Other Public Entity Funds City Attained Funding $813,085.96 Subtotal Subtotal $_________ Loans Subtotal $_________ Other Funds City Attained Funding $813,085.96 Subtotal $_________ - Prepaid Project Expenses Subtotal $_________ TOTAL FUNDS $1,010,408.68 TOTAL PROJECT COSTS $1,010,408.68 ATTACHMENT IV Attachment IV to Grant Agreement GRANT APPLICATION See Attached ATTACHMENT V Attachment V to Grant Agreement JOBS REPORTING a) Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, Council is required to report the number of jobs created or retained by the Project. To enable Council to comply with Minn. Stat. Sec. 16A.633, subd. 4, the Public Entity is required to report the number of jobs created or retained by the Project to Council as set forth below. b) The Public Entity shall require all of its contractors to report the information below to the Public Entity. The Public Entity shall then report to Council. Information can be recorded by Council in an Excel document that can be downloaded into the report by Minnesota Management and Budget. Each report must contain the following: 1) The name of the Project. 2) The Council’s contract number, if applicable. 3) Reporting period. The appropriate biennium is to be selected. 4) The Agency Number. This will complete the next column with Agency Name. 5) Legal Citation for the Authorization. 6) Department ID responsible for the Project. 7) The Appropriation for the Project. 8) The Appropriation Amount. 9) Project Start Date. 10) Project Completion Date. 11) The County where the Project is located or, if it is located in more than one county, where it is primarily located. 12) Funding Source for Project. The selection will be Trunk Highway Bonds , General Obligation Bonds or General Fund. 13) Job Type. Jobs should be classified as either (i) engineering/professional, ii) construction, or (iii) other. Manager and supervisor jobs shall be classified as category (i), (ii) or (iii) based on the nature of the work those individuals spent the majority of their time overseeing. 14) Hourly Wages. Jobs should be classified according to the hourly pay ranges below. Overhead or indirect costs or the value of pensions or other benefits should not be included in wages. i) less than $10.00, ii) $10.01 to $15.00, iii) $15.01 to $20.00, iv) $20.01 to $25.00, v) $25.01 to $30.00, vi) $30.01 to $35.00, vii) $35.01 to $40.00, or viii) more than $40.00. ATTACHMENT V 15) Jobs. a. Jobs should be classified as either (i) jobs created or (ii) jobs retained; they will not be counted as both. A “job created” is a new position created and filled, or an existing unfilled position that is filled, because of the Project. A “job retained” means a job at a specific wage level that existed prior to beginning the Project that would have been lost but for the Project. Only jobs in Minnesota should be counted. b. Jobs should be expressed in “full-time equivalents” (FTE). In calculating an FTE, the number of hours worked during the Reporting Period should be divided by 2,080 (the number of hours representing a full work schedule in a Reporting Period). Jobs should be reported regardless of when the Project or an individual’s employment began or ended. Jobs are to be calculated based on hours worked in the current Reporting Period only, so that reporting is not cumulative. c. Jobs should not be separated into full-time, part-time, temporary, seasonal, etc. Instead, all hours should be totaled and converted into FTEs as indicated above. c) Each contractor will report its workforce and the workforce of its subcontractors active during the Reporting Period. This includes employees actively engaged in the Project who work on the jobsite, in the Project office, in the home office or telecommute from home or other alternative office location. This includes, but is not limited to, any engineering personnel, inspectors, sampling and testing technicians, and lab technicians performing work directly in support of the Project. This does not include material suppliers such as steel, culverts, guardrail and tool suppliers. Only hours that relate to time spent on the Project should be reported. d) The Public Entity must incorporate these reporting requirements into its contracts with its contractors (in part so that contractors can add the requirements to their contracts with subcontractors and impose deadlines on reporting by subcontractors). e) To distinguish the jobs reported by contractors that were funded by the Grant, the Public Entity must multiply the job numbers reported by each contractor in each category above by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total Project costs, the Public Entity should multiply the jobs numbers given in each category by 40% to arrive at the number of jobs funded by the Grant) and it is those numbers that should be reported to Council. ATTACHMENT VI Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of Hennepin, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon ( collectively, the "Restricted Property"): J (Check the appropriate box.) A a fee simple title, D a lease, or D an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A.The Restricted Property is bond financed property within the meaning of Minn. Stat. §16A.695, is subject to the encumbrance created and requirements imposed by suchstatute, and cannot be sold, mortgaged, encumbered or otherwise disposed of withoutthe approval of the Commissioner of Minnesota Management and Budget, whichapproval must be evidenced by a written statement signed by said commissioner andattached to the deed, mortgage, encumbrance or instrument used to sell or otherwisedispose of the Restricted Property; andB.The Restricted Property is subject to all of the terms, conditions, provisions, andlimitations contained in that certain 2017 Municipal Inflow/Infiltration GrantProgrambetween the Metropolitan Council and City of Golden Valley dated October 21, 2019.The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the _____ of Metropolitan Council and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. ATTACHMENT 1 Contract Voucher Page 1 of14 CITY OF GOLDEN VALLEY ,I Of .. � },!t>ldCn 1..-7800 Gorden Valley Rd Golden Valley, MN 55427 Project 17-1 -2017 Pavement Management Program contract Voucher No. 8 17-1 .,, contractor. GMH Asphalt Corpora1fon 9180 Laketown Road Chaska, MN 55318 Contract Amounts Original Contract Contract Changes Revised COntract Wort Certified To Date Base Bid Items Bad<sheet Change Order Supplamental Agreement WotkOrder Material On Hand Total $3,499,828.51 ($1-46,812.10) $3,362,818.41 $3,098,971.05 $0.00 $34,368.90 $0.00 $0.00 so.oo $3,131,339.95 Worfc. Certified Wolle Certlfted LeaAmount This Contract Voucher To Date Retained $147,758.69 $3,131,339.lli $78,283.50 Percent Retained: 2.5000% Contract No. Vendor No. NA For Period: 1219/2017 -211812018 wanant# ___ Date __ _ Funds Encumbered Ortglnal Additional Total LenPnwlow Amount Paid $3,489,828.51 NIA $3,489,828.51 Total Amount Pavments This Contract Voucher Paid To Date $2,834,401.26 $218,855.20 $3,c,53,058.45 Percent Complete: 93.3943% Amount Paid This Contract Voucher $218.655.20 Thia la to c:elffly that the Item• of wol1< shown In this certlllcat& of Contract Voucher have been actually fumished for��??--;·---�- � �-CW-t,i:ri """'""'"'�"'""'""" 8.rl-oA.o.<- 0d iS-t 'b d,-\.S"' ,t- http://156� 142.253.134/R.tAEC/R.eports/rpt_PayRequest_new.asp?W orkOrderld=84&rfpR... 2/15/201 Contract Voucher 17-1 Payment Summary Page2 of14 CITY OF GOLDEN VALLEY 7800 Golden Valley Rd Golden Valley, MN 55427 Project No. 17-1 Contract Voucher No. 8 No. From Date To Date Wolk Certified Per Contract Voucher Amount Retained Per Contract Voucher Amount Paid Per Contract Voucher 1 05/01/2017 05/26/2017 2 05/27/2017 06/2312017 3 06.12412017 07/21/2017 4 07/22/2017 08/25/2017 5 08/28/2017 10/09/2017 6 10/10/2017 11/10/2017 7 11/11/2017 12/08/2017 8 12/09/2017 02/1612018 Totals: 17-1 Funding Cateaory Report Funding Work category Certlflad No. To Date 001 1,874,021.37 002 273,968.72 003 322,073.34 004 134,452.96 005 198,664.42 006 328,159.13 UNF 3,131,339.94 $412,304.43 $442,755.59 saoo,197.n $205,383.70 $375,170.54 $595,268.24 $152,499.99 $147,759.69 $3,131,339.95 Less Amount Retained 46,850.53 8,849.22 8,051.83 3,361.32 4,968.61 8,203.98 78,283.50 Less PrevlOUSI Payments 1,769,933.68 256,655.20 291,624.67 19,281.25 185,175.26 311,751.17 2,834,401.24 Totals: $6,262,679.88 $156,566.99 $5,668,802.48 17-1 Funding Source Report Accounting No. Funding Source Glenwood Ave Sidewal local Streets/Hennepin County Local Streets Local Street Sanitary Sewer Sanitary Sewer Storm Sewer Storm Sewer Water Main Watermaln W&yzata Blvd Local MSA Reconstruct UNF Unfunded Amount Paid This Contract Voucher 0.00 0.00 0.00 0.00 0.00 0.00 218,655.20 $20,615.22 $22,137.78 $40,009.89 $10,269.18 $18,758.53 $29,783.41 $7,625.00 ($70,895.51) $78,283.50 Amount Paid This Contract Voucher 57,237.16 10,464.30 22,396.84 111,830.39 8,522.55 8,203.98 218,855.20 $437,310.42 Revis.a Funds Contract Encumbered Amount To Date 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,352,816.41 3,499,628.51 $391,689.21 $420,617.81 $760,187.88 $195,114.52 $358,412.01 $565,504.83 $144,874.99 $218,655.20 $3,053,066.45 Total Amount Paid To Date 1,827,170.84 267,119.50 314,021.51 131,091.64 193,697.81 319,955.15 3,053,056.44 $6. 106,112.89 PaldTo Contractor To Date 0.00 0.00 0.00 0.00 0.00 0.00 3,053,056.44 Totals: $218,655.20 $3,352,816.41 $3,499,628.51 $3,053,056.44 http://156.l42.253.l34/RtAEC/Reports/rpt_PayRequest_new.asp?Work0rderid=84&rfpR.. 2/15/2018 Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. G. Waiver of Public Hearing and Certification of Special Assessments - 2019A Driveways Prepared By Sue Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows the property owner to pay for their driveway improvement over time with their property taxes. This work was done by the contractor for the second area of the 2019 PMP and was billed at the time of completion of the project. Financial Or Budget Considerations The total assessment role is for $106,244.09. This cost was planned at the time of financing the 2019 PMP project. Recommended Action Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Driveways that Involve 2019 City Street Improvements. Supporting Documents List of Driveways Assessed in 2019A for 2019 PMP (1 page) Resolution Waving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on 2019A Driveways that Involve 2019 City Street Improvements (1 page) PID ASSESSMENT 30-118-21-21-0003 2540 Brogger Circle 7,868.61 30-118-21-21-0016 2520 Ensign Ave N 3,483.30 30-118-21-21-0017 8955 Medicine Lake Rd 4,954.42 30-118-21-21-0018 2545 Cavell Ave N 4,648.83 30-118-21-21-0021 2425 Cavell Ave N 8,962.79 30-118-21-21-0026 2450 Decatur Ave N 5,357.52 30-118-21-21-0030 8755 Medicine Lake Rd 2,789.56 30-118-21-21-0032 2510 Cavell Ave N 2,997.18 30-118-21-21-0035 2400 Cavell Ave N 6,672.41 30-118-21-21-0050 2320 Decatur Ave N 6,011.27 30-118-21-21-0057 2315 Decatur Ave N 6,006.16 30-118-21-21-0064 8945 Medley Ln 2,403.25 30-118-21-21-0066 2401 Ensign Ave N 5,847.16 30-118-21-24-0011 8945 23rd Ave N 2,560.22 30-118-21-24-0054 2255 Ensign Ave N 7,768.28 30-118-21-24-0057 9045 23rd Ave N 27,913.13 106,244.09 ADDRESS City of Golden Valley 2019 PMP Driveways RESOLUTION NO. 19-73 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2019 CITY STREET IMPROVEMENTS Project Years Interest Rate First Year Levy Total Assessed 2019A PMP Driveways 10 5% 2021 $106,244.09 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various private improvement(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of five 5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of March 1, 2020, through December 31, 2021, will be payable with general taxes for the year of 2020, collectible in 2021, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by February 28, 2020. 4. The owner may pay off the assessment in full after February 28, 2020 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2019. Shepard Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. H. Authorize Agreement for Animal Pound Services with City of Robbinsdale Prepared By Dave Kuhnly, Commander Summary The current agreement with the City of Robbinsdale for animal impound expires on December 31, 2019. The new agreement with the City will be effective for the next three years. Financial Or Budget Considerations Revenue: The City of Robbinsdale pays an annual maintenance fee $1,800.00, plus $20.00 per animal housed at our impound facility. Recommended Action Motion to authorize the Mayor and City Manager to sign the agreement with the City of Robbinsdale Police Department in the form approved by the City Attorney for Animal Impound Services. Supporting Documents Agreement for Animal Pound Services with the City of Robbinsdale (4 pages) AGREEMENT FOR ANIMAL IMPOUND SERVICES THIS AGREEMENT (the “Agreement”) is made on the 17th day of December, 2019 between the City of Robbinsdale, a Minnesota municipal corporation (“Robbinsdale"), and City of Golden Valley, a Minnesota municipal corporation (“Golden Valley"). RECITALS WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units, by an agreement approved by the governing bodies, to jointly or cooperatively exercise powers common to the contracting parties; and WHEREAS, the parties desire that, in exchange for compensation from Robbinsdale, Golden Valley maintain a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats (the “Services”), which may be picked up by officials of Robbinsdale pursuant to the Robbinsdale City Code of Ordinances. NOW, THEREFORE, the parties agree as follows: 1. Animal Pound. The Services provided to Robbinsdale by Golden Valley pursuant to this Agreement shall be provided at the Golden Valley Public Works facility located at Highway 169 and 10th Avenue North in Golden Valley, Minnesota (the “Location”). Any location change must be approved in writing in advance by the parties. 2. Scope of Work. Unless otherwise agreed in writing, the Services shall include those services listed in the Scope of the Work attached as Exhibit A. 3. Standards. The Services shall be performed in accordance with the standard of care in Hennepin County, Minnesota for services of a like kind. 4. Term. The term of this Agreement shall be from January 1, 2020, through December 31, 2023. 5. Compensation. a. Fees. Robbinsdale shall pay Golden Valley the fees set forth in Exhibit A. Golden Valley shall invoice Robbinsdale for the Services in accordance with Exhibit A. All invoices submitted for payment shall comply with state law. b. Payment. Robbinsdale shall pay Golden Valley on or before the 1st day of each month. c. Compensation for Additional Services and Expenses. Any additional compensation shall be agreed upon in writing in advance by the parties. Golden Valley shall only be entitled to compensation for additional services when approved by Robbinsdale in writing in advance. 6. Data Practices. The parties acknowledge and agree that this Agreement and any data or information generated, received, provided, or exchanged pursuant to this Agreement is subject to and shall be maintained and handled in accordance with Minnesota Statutes, Chapter 13. The parties agree to work cooperatively to timely respond to any request for data received by either party pursuant to Minnesota Statutes, Chapter 13. 7. Records. Golden Valley shall maintain records reasonably deemed necessary by Robbinsdale to ensure that the Services are provided as represented. Golden Valley shall make such records available to Robbinsdale upon request and shall also provide such records to either the legislative or state auditor, as appropriate, pursuant to state law. 8. Termination. This Agreement may be terminated by either party at any time, with or without cause, upon thirty days’ prior written notice. In the event this Agreement is terminated pursuant to this paragraph 8, Robbinsdale shall, within 30 days of termination, pay to Golden Valley those fees which have been earned but not paid. 9. Subcontracts or Assignments. Golden Valley shall not subcontract or assign its obligations under this Agreement without the express written consent of Robbinsdale, except as provided for in Exhibit A. 10. Independent Contract. Any and all employees of each party and all other persons engaged by that City in the provision of the Services or any other work or services required or contemplated by this Agreement shall not be considered employees of the other party. Any and all claims that may or might arise under the Worker’s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall in no way be the obligation or responsibility of the other party. No statement herein shall be construed so as to create an employee, agent, assignee, or subcontractor relationship between the parties. 11. Compliance with Law. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 12. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach or failure to comply with any other provision of this Agreement. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 13. Indemnification. Robbinsdale agrees to defend, indemnify and hold harmless Golden Valley, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Robbinsdale’s performance of or failure to perform the duties required under this Agreement. Golden Valley agrees to defend, indemnify and hold harmless Robbinsdale, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Golden Valley’s performance of or failure to perform the duties required under this Agreement. 14. Insurance. Golden Valley shall carry comprehensive municipal liability coverage in the amount of at least $500,000 to any claimant and $1,500,000 for any number of claims arising out of a single occurrence. Golden Valley shall name Robbinsdale as an additional insured and provide a certificate of said insurance. Golden Valley shall carry Worker’s Compensation Insurance as required by state law and shall provide a certificate of said insurance to Robbinsdale. 15. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes any and all oral agreements, negotiations, and prior agreements between the parties relating to the subject matter herein. 16. Notices. All notices required by this Agreement shall be in written form and shall be deemed delivered upon receipt by the Chief of Police of either party. Notice may be made by personal delivery, mail or facsimile. 17. Governing Law. This Agreement shall be governed by and interpreted in accordance with 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 in Minnesota. 18. Severability. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute one and the same Agreement. 20. Amendment. Any alteration of or amendment to this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF ROBBINSDALE CITY OF GOLDEN VALLEY By: _____________________________ Its: Mayor By: _____________________________ Its: City Manager By: _____________________________ Its: Mayor By: _____________________________ Its: City Manager EXHIBIT A Scope of Work 1. General Guidelines: A. Golden Valley shall provide kennels to allow Robbinsdale to board dogs and cats at the Location. B. Golden Valley shall provide food and water for the animals. C. Golden Valley personnel shall conduct one check of the facility per day. Robbinsdale may conduct checks on its boarded animals as it sees fit beyond once per day. D. Robbinsdale shall be responsible for bringing animals to the impound facility and ensuring the animals are properly confined. Robbinsdale personnel shall notify Golden Valley when an animal has been placed in impound. E. Robbinsdale shall be responsible for release of its animals. Robbinsdale personnel shall notify Golden Valley when an animal has been released. F. Robbinsdale shall be responsible for cleaning an animal’s impound area after the animal has been released. G. Robbinsdale may not board animals that are considered “Dangerous” or “Potentially Dangerous” or that pose a risk to staff. Golden Valley agrees to work cooperatively with Robbinsdale to administer the Robbinsdale City Code of Ordinances and the state law requirements related to such dogs. H. Golden Valley shall provide Robbinsdale with the plastic bags required for the freezer storage of DOA Animals. I. If Robbinsdale brings an animal to be impounded that requires immediate medical care and the animal’s owner is unknown, Robbinsdale shall pay for any and all medical care deemed immediately necessary, up to a limit of $500 per animal. 2. Fees: A. Robbinsdale shall pay Golden Valley an Annual Maintenance Fee of $1,800.00. B. Robbinsdale shall pay Golden Valley a Daily Boarding Fee of $20.00 per animal. Golden Valley shall invoice Robbinsdale for daily boarding fees on a monthly basis. Any impound fees payable by a third party to Robbinsdale shall be collected by Robbinsdale. C. Robbinsdale shall pay Golden Valley a Carcass Disposal Fee (the “Disposal Fee”) equal to the current rate charged to Golden Valley by the disposal provider at time of disposal. The Disposal Fee shall only apply if the animal can be kept properly in the impound freezer. If it cannot, Robbinsdale shall be responsible for disposal of the animal carcass. Golden Valley shall invoice Robbinsdale for carcass disposal at the time of disposal. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. I. Resolution Electing to be Governed by Minnesota Statutes, Section 272.162 Prepared By Jason Zimmerman, Planning Manager Summary Under Minnesota Statutes, section 272.162, subdivision 1, the City may place restrictions on the transfer or division of land by the county auditor provided it elects to be governed by the statute. The statute requires that the City send a companion resolution to Hennepin County confirming this intent. In 2017, the City enacted City Code section 113-33 imposing such restrictions; the attached resolution fulfills the City’s notification obligations. Financial Or Budget Considerations Not applicable Recommended Action Motion to adopt Resolution electing to be governed by the provisions of Minnesota Statutes, section 272.162. Supporting Documents Resolution electing to be governed by the provisions of Minnesota Statutes, section 272.162 (1 page) RESOLUTION NO.19-74 RESOLUTION ELECTING TO BE GOVERNED BY MINNESOTA STATUTES, SECTION 272.162 WHEREAS, the City of Golden Valley has adopted subdivision regulations in accordance with Minn. Stat., § 462.358, which regulations apply throughout the City of Golden Valley; and WHEREAS, Minn. Stat., § 272.162, subd. 1, provides that certain deeds or other instruments conveying parcels of land shall not be transferred or divided by the county auditor without the approval of the City; and WHEREAS, Minn. Stat., § 272.162, subd. 3, provides that such restrictions on the transfer or division of land by the county auditor apply only to land within municipalities that choose to be governed by the provisions of Minn. Stat. § 272.162; and WHEREAS, the City Council of the City of Golden Valley has determined that it is in the best interests of the City that land within the City be governed by the provisions of Minn. Stat., § 272.162. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby elects to be governed by the provisions of Minn. Stat., § 272.162. 2. The City clerk is authorized and directed to transmit certified copies of this resolution to the county auditor and the county recorder of Hennepin County. Adopted by the City Council of Golden Valley, Minnesota, the 17th day of December, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. J. Receipt of November 2019 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 Commission (Special Revenue Fund) Building Improvement Fund (Capital Projects Fund) Park Improvement Fund (Capital Projects Fund) Financial Or Budget Considerations As of November 2019, the City of Golden Valley General Fund has used $4,243,658 of fund balance to balance the General Fund Budget. Recommended Action Motion to receive and file the November 2019 Financial Reports. Supporting Documents November 2019 General Fund (2 pages) November 2019 Conservation/Recycling Fund (1 page) November 2019 Water and Sewer Utility Fund (1 page) November 2019 Brookview Golf Course (1 page) November 2019 Motor Vehicle Licensing (1 page) November 2019 Storm Utility Fund (1 page) November 2019 Equipment Replacement Fund (1 page) November 2019 Brookview Center Fund (1 page) City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 November 2019 Human Services Commission (1 page) November 2019 Building Improvement Fund (1 page) November 2019 Park Improvement Fund (1 page) Over % 2019 November YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $384,145 40,423 316,629 ($67,516)82.42% 003 City Manager 921,015 61,439 695,026 (225,989)75.46% 004 Transfers Out 2,207,580 0 2,207,580 0 100.00%(1) 005 Admin. Services 2,076,945 131,377 1,820,098 (256,847)87.63%(3) 006 Legal 183,340 14,865 165,644 (17,696)90.35% 007 Risk Management 310,000 5,565 322,147 12,147 103.92%(4) 011 General Gov't. Bldgs.728,980 44,726 615,395 (113,585)84.42% 016 Planning 421,025 31,719 306,886 (114,139)72.89%(3) 018 Inspections 917,925 45,953 726,952 (190,973)79.20% 022 Police 6,545,850 488,749 5,189,884 (1,355,966)79.29% 023 Fire 1,579,315 95,986 1,202,734 (376,581)76.16%(2) 035 Physical Dev Admin 316,110 23,840 273,019 (43,091)86.37% 036 Engineering 774,905 61,198 632,812 (142,093)81.66% 037 Streets 1,849,530 85,665 1,806,137 (43,393)97.65%(2) 066 Park & Rec. Admin.815,695 53,767 696,032 (119,663)85.33% 067 Park Maintenance 1,312,805 83,735 1,084,258 (228,547)82.59%(2) 068 Recreation Programs 404,850 9,986 288,288 (116,562)71.21% TOTAL Expenditures $21,750,015 $1,278,993 $18,349,521 ($3,400,494)84.37% 1) Transfers were made in June, 2019 2) 2019 Budget Adjustment-$13,440-Fire $5,440; Street-$4,000; Park-$4,000 3-19-19 3) 2018 Positive Performance Amended -$35,000 Planning- Downtown Study Scope; IT-$10,000 Scanning 4) Dividend will be sent in December. City of Golden Valley Monthly Budget Report - General Fund Expenditures November 2019 (unaudited) Division 92.00% Over % 2019 November YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $18,450,845 0 9,587,832 ($8,863,013)51.96%(1) Licenses 212,030 3,500 249,945 $37,915 117.88% Permits 887,960 86,086 1,376,560 $488,600 155.03% State Grants/Aid 15,190 525 117,194 $102,004 771.52%(2) Charges For Services: General Government 25,250 702 17,786 ($7,464)70.44% Public Safety 163,500 (5,646)182,482 $18,982 111.61% Public Works 167,300 11,650 187,777 $20,477 112.24% Park & Rec 416,500 29,942 348,463 ($68,037)83.66% Other Funds 691,500 95,733 746,498 $54,998 107.95% Fines & Forfeitures 340,000 22,354 218,998 ($121,002)64.41%(3) Interest On Investments 100,000 0 0 ($100,000)0.00%(4) Miscellaneous Revenue 191,500 19,496 194,215 $2,715 101.42% Transfers In 30,000 2,500 27,500 ($2,500)91.67%(5) TOTAL Revenue $21,691,575 $266,842 $13,255,250 ($8,436,325)61.11% Notes: 1) Payments are received in July, December, and January (delinquencies). This does not include any petition settlements. 2) Police Training will be paid in August. Safe and Sober is billed on time spent. No LGA in 2019. Fire Grants were available. Most grants are reeived in other funds. 3) Fines/Forfeitures are thru for October 2019. 4) Investment income is allocated at year end. 5)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Monthly Budget Report - General Fund Revenues November 2019 (unaudited) Over 2019 November YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 41,545 0 44,080 2,535 106.10%(4) Recycling Charges 409,105 35,435 339,534 (69,571)82.99%(2) Miscellaneous Revenues 8,000 36 10,712 2,712 (5) Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 462,650 35,471 394,326 (68,324)85.23% Expenses: Recycling 501,695 44,528 395,210 (106,485)78.77%(3) Total Expenses 501,695 44,528 395,210 (106,485)78.77% 1) Interest Earnings are allocated at year-end. 2) Includes utility billings thru November 2019. 3) This includes the recycling services thru October 2019 and Mighty Tidy Day. 4) Grant reduced due to no compost program. 5) Includes Home Good curbside pickup rebate thru September and Mighty Tidy Day. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund November 2019 (unaudited) Over 2019 November YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 5,081,725 407,679 4,376,130 (705,595)86.12% Emergency Water Supply 183,080 17,329 189,733 6,653 103.63% Sewer Charges 3,910,000 373,600 3,792,514 (117,486)97.00% Meter Sales 20,000 1,528 20,007 7 100.04% Penalties 130,000 851 163,494 33,494 125.76% Charges for Other Services 100,000 914 233,971 133,971 233.97% State Water Testing Fee Pass Through 46,000 4,016 43,143 (2,857)93.79% Sale of Assets 10,000 0 0 (10,000)0.00% Franchise Fees 1,500,000 0 1,500,000 0 100.00% Certificate of Compliance 75,000 3,400 59,850 (15,150)79.80% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 11,080,805 809,317 10,378,842 (701,963)93.67% Expenses: Utility Administration 3,260,675 57,432 1,086,097 (2,174,578)33.31%(1) Sewer Maintenance 3,340,720 277,522 3,324,368 (16,352)99.51% Water Maintenance 4,799,400 325,872 3,737,348 (1,062,052)77.87% Total Expenses 11,400,795 660,826 8,147,813 (3,252,982)71.47% 1) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund November 2019 (unaudited) Over 2019 November YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 900,000 5,044 830,320 (69,680)92.26% Driving Range Fees 170,000 6 160,248 (9,752)94.26% Par 3 Fees 155,000 234 168,045 13,045 108.42% Lawn Bowling 80,000 14 79,772 (228)99.72% Pro Shop Sales 80,000 653 83,252 3,252 104.07% Pro Shop Rentals 300,000 1,732 285,162 (14,838)95.05% Concession Sales 1,570,000 70,969 1,424,791 (145,209)90.75% Winter Activities 0 2,683 2,683 2,683 Other Revenue 122,000 1,804 115,035 (6,965)94.29% Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax 0 0 0 Total Revenue 3,382,000 83,139 3,149,308 (232,692)93.12% Expenses: Golf Operations 755,010 44,032 648,003 (107,007)85.83%(2) Course Maintenance 850,740 40,302 759,272 (91,468)89.25% Pro Shop 122,500 6,039 136,321 13,821 111.28% Grill 1,349,800 75,664 1,274,555 (75,245)94.43% Driving Range 51,590 787 56,041 4,451 108.63% Par 3 Course 35,710 399 26,767 (8,943)74.96% Lawn Bowling 15,400 350 17,317 1,917 112.45% Total Expenses 3,180,750 167,573 2,918,276 (262,474)91.75% 1) Interest Earnings are allocated at year-end. 2) Depreciation is allocated at year-end. Course opened April 4. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. Fund Balance should be a minimum of $1,693,550 (6 months reserve). City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund November 2019 (unaudited) Over 2019 November YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 3,000 0 0 (3,000)0.00%(1) State Aid -MNLARS 0 0 126,926 126,926 Charges for Services 464,515 33,427 440,745 (23,770)94.88% Total Revenue 467,515 33,427 567,671 100,156 121.42% Expenses: Motor Vehicle Licensing 446,080 38,173 385,059 (61,021)86.32% Total Expenses 446,080 38,173 385,059 (61,021)86.32% 1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund November 2019 (unaudited) Over 2019 November YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 22,360 22,360 22,360 Henn County Grant-Decola 0 0 670,000 670,000 (6) State DNR Grant 2,300,000 157,513 273,416 (2,026,584)(6) State DEED Grant-Globus 0 0 293,105 293,105 (7) Storm Sewer Charges 2,475,000 209,542 2,215,102 (259,898)89.50% Hennepin County 500,000 0 0 Bassett Creek Watershed 1,031,500 0 41,207 (990,293) (5) Miscellaneous Receipts 330,830 0 0 (330,830) Sale or Loss of Assets 0 0 0 0 Total Revenue 6,687,330 389,415 3,515,190 (3,172,140)52.56% Expenses: Storm Utility 5,913,815 105,955 1,987,358 (3,926,457)33.61%(2) (3) (7) Street Cleaning 130,815 24,472 92,472 (38,343)70.69% Environmental Control 402,605 34,838 272,354 (130,251)67.65% Debt Service Payments 63,950 450 63,950 0 0.00%(3) Total Expenses 6,511,185 165,715 2,416,134 (4,095,051)37.11%(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. 5) Bassett Creek Watershed Coomission reimbursed the City for a 2019 projects. 6) DNR Grant for Decola Ponds B/C. 7) DEED Grant was disbursed to Global One. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund November 2019 (unaudited) 2019 Equipment Replacement Fund (CIP) - Fund 5700 2019 November YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 46,823 196,083 161,083 (3) General Fund Transfer 100,000 0 100,000 0 VOTF Transfer 10,000 0 10,000 0 (2) Miscellaneous Receipts 4,105 31,803 31,803 Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 168,538 50,928 337,886 169,348 Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)80,000 0 44,557 35,443 5702 V&E-002 Computers and Printers (Finance)95,000 855 73,493 21,507 (1) 5703 V&E-003 Drone (Police)10,000 0 10,449 (449) 5720 Fire Hose 0 0 12,480 (12,480)(3) 5760 Fire Apparatus (2018 Approved)0 0 47,168 (47,168) 5772 V&E-033 Skylift 40,000 0 11,004 28,996 5791 V&E-022 Pickup Truck (Fire)40,000 0 34,352 5,648 5742 V&E-106 Polaris 6 X 6 (Fire)15,000 0 24,328 (9,328) 5768 V&E-107 Utility Truckster (Park)55,000 0 54,947 53 (5) 5747 V&E-109 Single Axle Dump Truck (Street)230,000 0 193,113 36,887 5768 V&E-116 Bobcat Toolcat 4,500 0 54,050 (49,550) 5741 V&E-133 800 MHZ Radios (Public Works Maintenance)100,000 0 115,285 (15,285) 5788 V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 0 8,683 15,387 5715 V&E-141 Pickup Truck (Park)35,000 0 37,100 (2,100) 5754 V&E-116 Skid Steer Loader (Street)5,000 0 52,445 (47,445)(4) V&E-156 Trailer (Fire)5,000 0 0 5,000 Total Expenditures 738,570 855 773,454 7,561 1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. 2) In 2019, monies were transferred for a purchase of a drone from the VOTF Fund. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. 3) Selling the Fire Engine at more than expected allowed the Fire Department to purchase hose. 4) The trade-in is included in Sale of Assets for $47,945. 5) The trade-in is included in Sale of Assets for $49,049. Over 2019 November YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 158,000 16,936 225,315 67,315 142.60% Backyard Play Area 230,000 25,568 219,044 (10,956)95.24% Miscellaneous Revenues 1,500 0 0 (1,500)0.00% Interest on Investments 0 0 0 0 (1) Total Revenue 389,500 42,504 444,359 54,859 114.08% Expenses: General Area Rooms 327,780 25,054 296,493 (31,287)90.45%(2) Indoor Play Area 74,620 4,040 40,449 (34,171)54.21% Total Expenses 402,400 29,094 336,942 (65,458)83.73% 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 November 2019 (unaudited) Over 2019 November YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 3,610 36,110 6,110 120.37%(3) Fundraisers 30,000 1,381 30,922 922 103.07%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 4,991 67,032 6,332 110.43% Expenses: Supplies 17,100 4,041 14,835 (2,265)86.75%(4) Allocations 75,000 0 67,692 (7,308)90.26%(2) Total Expenses 92,100 4,041 82,527 (9,573)89.61% 1) Interest Earnings are allocated at year-end. 2) Allocations in 2019 are $75,000. 3) Pull Tab revenues are thru September. 4) Solicitation Letters -$6,431-YTD; should be allocated to designation 4) Run/Walk -10,485 YTD (net) 4) Golf Tourney/Lawn Bowling -September-$2,010(net) Fund Balance at 12/31/18 was $213,624. City of Golden Valley Monthly Budget Report - Human Services Commission November, 2019 (unaudited) 2019 Building Improvement Fund (CIP) - Fund 5200 2019 November YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 400,000 0 400,000 0 (1) Interest Earnings (allocated at year end)7,754 0 0 (7,754) Total Revenues 407,754 0 400,000 (7,754) Expenditures: Project Name 5210 Replace Co-Vac Heating 175,000 0 4,045 170,955 5215 Installation of Building Security Systems 10,000 0 10,077 (77) 5208 Council Chambers Remodeling 300,000 0 8,856 291,144 5202 Public Buildings Roof Replacement 150,000 160 113,323 36,677 Total Expenditures 635,000 160 136,301 498,699 1)Transfer was made in June. 2019 Park Improvement Fund (CIP) - Fund 5600 2019 November YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 325,000 0 325,000 0 Park Dedication Fee 0 0 20,844 0 Hennepin County Youth Sports Grant 96,000 0 0 (96,000)(1) Little League/Youth Associations/Play Eq Grants 20,000 0 16,000 (4,000)(1), (2) Other Donations 0 0 0 0 Interest Earnings (allocated at year end)2,832 0 0 (2,832) Total Revenues 443,832 0 361,844 (102,832) Expenditures: Project Name 5601 Bleacher, Etc Replacement 25,000 0 24,188 812 5602 Park Trail and Parking Lot Improvements 90,000 64,800 103,072 (13,072) 5603 Play Structure Replacement 60,000 0 59,802 198 5614 Ball Field Lighting 0 0 3,480 (3,480)(2) 5615 Outdoor Basketball and Hoop Replacement 23,000 12,518 32,038 (9,038) 5620 Park Signage Replacement 10,000 0 11,161 (1,161) 5621 Tennis & Pickle Ball Court Resurfacing 15,000 0 16,866 (1,866) Community Gardens 30,000 0 0 30,000 5608 Relamp Athletic Field and Rink Lights 25,000 0 25,546 (546) 5607 Dugout, Fence and Field Replacement 55,000 34,690 151,735 (96,735)(1) 5622 Scoreboard Update/Replacement 25,000 0 30,906 (5,906)(2) Total Expenditures 358,000 112,008 458,794 (100,794) 1) Hennepin County Youth Grant $96,000; GV Girls Softball $10,000 2) GV Girls Little League $6,000 Further information about projects and financing are located in the 2019-2023 CIP. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. K. Adopt Amendment to Employee Handbook Prepared By Kirsten Santelices, Human Resources Director Summary At the Council/Manager meeting on December 10, 2019, the City Council reviewed Staff proposed changes to the Employee Handbook. Staff shared that it is in the best interest of the City to regularly review and update policies, considering new case law, and legislative updates. At the Council/Manager meeting Staff and Council reviewed the changes to the following policies: Employment of Relatives Tobacco, Drug, and Alcohol Time Tracking Standby and Emergency Call Out Suspension Tuition Reimbursement Employee Travel/Expenses Staff proposes that Council adopt the updated policies into the handbook. The approved changes will go into effect January 1, 2020. Financial Or Budget Considerations Not applicable Recommended Action Motion to adopt Resolution amending the employee handbook. Supporting Documents Resolution Adopting Amendment to Employee Handbook (1 page) RESOLUTION NO. 19-75 RESOLUTION ADOPTING AMENDMENT TO EMPLOYEE HANDBOOK WHEREAS, a completely revised Employee Handbook was adopted by Resolution 11-81 on December 20, 2011 and dated January 1, 2012; amended by Resolution 12-24 on March 20, 2012; amended by Resolution 12-100 on December 18, 2012; amended by Resolution 13-65 on July 16, 2013; and amended by Resolution 17-19 on April 20, 2017; and amended by Resolution 17-85 on December 17, 2017; and amended by Resolution 18- 87 on December 18, 2018; and WHEREAS, the Employee Handbook has been revised to include updated policies and procedures, complying with state and federal laws, and updated language to reflect advice of legal counsel in a manner that involves providing employees with an updated handbook; and WHEREAS, the above-referenced amendments will become effective as of January 1, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the “City of Golden Valley Employee Handbook” dated January 1, 2020, is hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. L. Engagement Letter – Auditing Services for 2019 Fiscal Year Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich and Co for 2019 audit services for $47,500. This amount also includes the review for the Housing and Redevelopment Authority Funds. Preliminary fieldwork will begin in January with final fieldwork starting on February 24. Financial Or Budget Considerations The Council Budget has $51,410 for the Annual Audit. Recommended Action Motion to authorize City Manager and Mayor to sign Engagement Letter and Addendum with the firm of Malloy, Montaque, Karnowski, Radosevich & Co. for the 2019 audit of the City. Supporting Documents Engagement Letter With MMKR - City Audit, For The Year 2019 (11 pages) Addendum to Professional Engagement Letter Between MMKR and the City of Golden Valley (3 pages) December 12, 2019 Ms. Sue Virnig Finance Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Ms. Virnig: Enclosed are two copies of an engagement letter which explain and confirm the basic services we expect to perform in conjunction with your upcoming audit. Also enclosed is a copy of our most recent peer review report. Assuming the letter adequately describes the services you desire, please sign both copies, return one to our office, and keep the other copy for your files. Please note that a second signature line has been included on our engagement letter this year and we are requesting the letter be signed by a representative of the City Council in addition to management. The purpose of this is to provide documentation that certain required communications included in the engagement letter have been received by governance. Please do not hesitate to contact me if you believe the letter should be modified or if you have any questions. Sincerely, MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. William J. Lauer, CPA Principal WJL:lmb Enclosures C E R T I F I E D A C C O U N T A N T S P UBLIC PRINCIPALS Thomas A. Karnowski, CPA Paul A. Radosevich, CPA William J. Lauer, CPA James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA/CMA Jaclyn M. Huegel, CPA Kalen T. Karnowski, CPA Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Phone: 952-545-0424 • Fax: 952-545-0569 • www.mmkr.com Standard Letterhead-r2.qxp_167639 Letterhead-RV1 9/7/18 6:34 PM Page 1 December 12, 2019 To the City Council and Management of the City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Councilmembers and Management: We are pleased to confirm our understanding of the services we are to provide the City of Golden Valley the City) for the year ended December 31, 2019. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison for the General Fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City as of and for the year ended December 31, 2019. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB), who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) MD&A 2) GASB-required supplementary pension and other post-employment benefits information We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole in a separate written report accompanying our auditor’s report on the financial statements OR in a report combined with our auditor’s report on the financial statements: 1) Combining and individual fund statements and schedules, presented as supplemental information C E R T I F I E D A C C O U N T A N T S P UBLIC PRINCIPALS Thomas A. Karnowski, CPA Paul A. Radosevich, CPA William J. Lauer, CPA James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA/CMA Jaclyn M. Huegel, CPA Kalen T. Karnowski, CPA Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Phone: 952-545-0424 • Fax: 952-545-0569 • www.mmkr.com Standard Letterhead-r2.qxp_167639 Letterhead-RV1 9/7/18 6:34 PM Page 1 City of Golden Valley Page 2 December 12, 2019 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor’s report will not provide an opinion or any assurance on that other information: 1) Introductory information 2) Statistical section We will perform the required State Legal Compliance Audit conducted in accordance with U.S. generally accepted auditing standards and the provisions of the Legal Compliance Audit Guide, promulgated by the Office of the State Auditor pursuant to Minnesota Statutes § 6.65 and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), which would only be required if the City expended $750,000 or more in federal assistance funds during the year . If the City is required to have a Single Audit of federal assistance funds, this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City’s financial statements. Our report will be addressed to the City Council and management of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement. City of Golden Valley Page 3 December 12, 2019 We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Audit Procedures – General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. City of Golden Valley Page 4 December 12, 2019 Audit Procedures – Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under the American Institute of Certified Public Accountants (AICPA) professional standards and Government Auditing Standards. Audit Procedures – Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes of the City in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. City of Golden Valley Page 5 December 12, 2019 Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with 1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and 3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving 1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such change s); and 4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. City of Golden Valley Page 6 December 12, 2019 Engagement Administration, Fees, and Other The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing, will be discussed and coordinated with you. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich Co., P.A. (MMKR) and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the City or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of six years after the report release date or for any additional period requested by regulatory agencies. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit shortly after the end of your fiscal year and to issue our reports prior to June 30, 2020. William J. Lauer, CPA, is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fees for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $47,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as implementation on new accounting standards, new contractual agreements, transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City’s staff. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. City of Golden Valley Page 7 December 12, 2019 In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. During the year, you might request additional services such as routine advice, assistance in implementing audit recommendations, review of your projections or budgets, and other similar projects. Independence standards allow us to perform these routine services; however, it is important that you understand that we are not allowed to make management decisions, perform management functions, nor can we audit our own work or provide nonaudit services that are significant to the subject matter of the audit. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Please be aware that e-mail is not a secure method of transmitting data. It can be intercepted, read, and possibly changed. Due to the large volume of e-mails sent daily, the likelihood of someone intercepting your e-mail is relatively small, but it does exist. We will communicate with you via e-mail, if you are willing to accept this risk. To ensure that MMKR’s independence is not impaired under the AICPA Code of Professional Conduct, you agree to inform the engagement partner before entering into any substantive employment discussions with any of our personnel. If a dispute occurs related in any way to our services, our firm and the City agree to discuss the dispute and, if necessary, to promptly mediate in a good faith effort to resolve it. We will agree on a mediator, but if we cannot, either of us may apply to a court having personal jurisdiction over the parties for appointment of a mediator. We will share the mediator’s fees and expenses equally, but otherwise will bear our own attorney fees and costs of the mediation. Participation in such mediation shall be a condition to either of us initiating litigation. To allow time for the mediation, any applicable statute of limitations shall be tolled for a period not to exceed 120 days from the date either of us first requests in writing to mediate the dispute. The mediation shall be confidential in all respects, as allowed or required by law, except that our final settlement positions at mediation shall be admissible in litigation solely to determine the identity of the prevailing party for purposes of the awarding of attorney fees. We both recognize the importance of performing our obligations under this agreement in a timely way and fully cooperating with the other. In the event that either of us fails to timely perform or fully cooperate, the other party may, in its sole discretion, elect to suspend performance or terminate the agreement regardless of the prejudice to the other person. We agree we will give 10 days’ written notice of an intent to suspend or terminate, specifying the grounds for our decision, and will give the other an opportunity to cure the circumstances cited as grounds for that decision. In the event of suspension or termination, all fees and costs are immediately due on billing. City of Golden Valley Page 8 December 12, 2019 Notwithstanding anything in this letter to the contrary we agree that regardless of where the City is located, or where this agreement is physically signed, this agreement shall have been deemed to have been entered into at our office in Hennepin County, Minnesota, and Hennepin County shall be the exclusive venue and jurisdiction for resolving disputes related to this agreement. This agreement shall be interpreted and governed under the laws of Minnesota. In addition to the terms contained in this engagement letter, MMKR agrees to be bound by the terms and conditions in the attached Addendum to Professional Services Agreement, dated December 18, 2019 and incorporated herein by reference. When requested, Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. William J. Lauer, CPA Principal WJL:lmb Response: This letter correctly sets forth the understanding of the City of Golden Valley. City Council Representative City Management Representative By: ______________________________ By: _______________________________ Title: ______________________________ Title: _______________________________ Date: ______________________________ Date: _______________________________ VERIFICATION OF INSURANCE & BINDER ISSUED TO: Malloy, Montague, Karnowski, Radosevich & Co. We, the undersigned Insurance Brokers, hereby verify that The Hanover Insurance Company has issued the following described insurance, and which is in force as of the date hereof: CPA OnePro Professional Liability Policy Number:Insurer:Period: LHN D584698 01 The Hanover Insurance Company 12 months commencing 12:01 a.m. 6/1/2019 LIMIT:$3,000,000 each claim 3,000,000 annual aggregate (as provided for in the policy wording) RETENTION:$25,000 each claim 25,000 aggregate (as more fully described in the policy wording) PRIOR ACTS DATE:Full Prior Acts ENDORSEMENTS:As quoted. CANCELLATION:Should the above described policy be cancelled before the expiration thereof, we shall endeavor to mail 30 days written notice to the Certificate Holder, but failure to do so shall impose no obligation or liability of any kind upon the company, its agents, or representatives, subject to the terms, conditions, exclusions, and limitations of the policy. Certificate Holder(s):Malloy, Montague, Karnowski, Radosevich & Co. 5353 Wayzata Blvd. Suite 410 Minneapolis, MN 55416 This document is furnished as a matter of information only. The issuance of this document does not make the person or organization to which it is issued an additional insured, nor does it modify in any manner the contract of insurance between the Insured and the Insurers. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. McGowanPRO Stephen Vono 6/5/2019 1 ADDENDUM TO PROFESSIONAL ENGAGEMENT LETTER BETWEEN MMKR AND THE CITY OF GOLDEN VALLEY This Addendum dated December 18, 2019 is incorporated in and made a part of that certain Engagement Letter dated December 4, 2019 regarding auditing services for the City of Golden Valley for the year ending December 31, 2019. 1. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, MMKR agrees that the books, records, documents, and accounting procedures and practices of MMKR, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. MMKR shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 2. Insurance. MMKR shall maintain reasonable insurance coverage throughout this Agreement. MMKR agrees that before any work related to the approved Project can be performed, MMKR shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, Section 176.181; Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $3,000,000.00 annual aggregate, 1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage. To meet the Commercial General Liability, MMKR may use a combination of Excess and Umbrella coverage. MMKR shall provide the City with a current certificate of insurance Such certificate of liability insurance shall contain a statement that such policies of insurance shall not be canceled or amended unless thirty (30) days’ written notice is provided to the City, or ten (10) days’ written notice in the case of non-payment. 3. Independent Contractor. MMKR shall be deemed an independent contractor. MMKR’s duties will be performed with the understanding that MMKR has special expertise as to the services which MMKR is to perform and is customarily engaged in the independent performance of the same or similar services for others. All required equipment and personnel shall be provided or contracted for by MMKR. The manner in which the services are performed shall be controlled by MMKR; however, the nature of the services and the results to be achieved shall be specified by City. The parties agree that this is not a joint venture and the parties are not co-partners. MMKR is not to be deemed an employee or agent of City and has no authority to make any binding commitments or obligations on behalf of City except to the extent expressly provided in this Agreement. All services provided by MMKR pursuant to this Agreement shall be provided by MMKR as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 4. Conflict of Interest. MMKR shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, MMKR shall advise the City and either secure a waiver of the conflict or advise the City that it will be unable to provide the requested services. 5. Agreement Not Exclusive. The City retains the right to hire other professional accountanting service providers for other matters, in the City’s sole discretion. 2 6. Data Practices Act Compliance. Any and all data provided to MMKR, received from MMKR, created, collected, received, stored, used, maintained, or disseminated by MMKR pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. MMKR agrees to notify the City within three (3) business days if it receives a data request from a third party. This paragraph does not create a duty on the part of MMKR to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations survive the termination of this Agreement. 7. No Discrimination. MMKR agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. MMKR agrees to comply with Americans with Disabilities Act as amended (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. MMKR agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of these laws by MMKR or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, MMKR shall provide accommodation to allow individuals with disabilities to participate in all services under this Agreement. MMKR agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with people with disabilities. 8. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Sue Virnig, the Finance Director of the City, or designee. MMKR’s authorized agent for purposes of administration of this contract is ______________________________, who shall perform or supervise the performance of all Services. 9. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 10. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized. In the event MMKR did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of MMKR, described in this Agreement, personally. 11. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. Remainder of page intentionally blank. Signature page follows.] 3 CITY OF GOLDEN VALLEY MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. Shepard M. Harris, Mayor By: William J. Lauer, CPA Its: Principal Timothy J. Cruikshank, City Manager gofdt:v'11va ey EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. M. Consider Resolution Supporting future Bus Rapids Transit (BRT) on Highway 55 Prepared By Marc Nevinski, Physical Development Director Summary Highway 55 has been identified several times in recent years as a potential Bus Rapid Transit corridor. In 2014 the Metropolitan Council completed a Highway Transit Corridor Study of various routes throughout the metro area. At the request of the cities of Plymouth and Medina, an addendum to the study was completed in 2015 focusing on Highway 55 to determine the demand for Highway BRT service on the corridor. In 2018, MNDoT, the Metropolitan Council and Scott County completed the Highway 169 Mobility Study, which considered transportation improvements to the corridor from Shakopee to Minneapolis, including BRT service. Highway 55 was selected as the preferred route to connect Highway 169 and Minneapolis. The Golden Valley City Council supported this conclusion in a resolution prior to the study's completion. BRT service on Highway 55 is included in the Metropolitan Council's 2040 Transportation Policy Plan, which is necessary for the corridor to receive federal and regional funding for transit improvement. BRT service on Highway 55 is also identified in Golden Valley's 2040 Comprehensive Plan and included in the City's legislative priorities. Recently, Hennepin County, the Metropolitan Council, and the cities along Highway 55 met to discuss how the development of BRT on Highway 55 could advance. It was concluded that demonstrating local commitment to BRT was critical and could be done through council resolutions, land use planning, and infrastructure improvements that support a BRT system. A subsequent meeting concluded that additional analysis of the corridor funded by the cities to develop a proof-of-concept document or identify BRT supportive improvements to the corridor, would further demonstrate local commitment to BRT on Highway 55. Such an analysis could provide the basis for regional funding to establish a pilot bus route or otherwise demonstrate ridership demand. To apply for regional funding in June of 2020, a consultant would need to be brought onboard early in 2020. At the December 10th Council-Manager meeting, Council discussed and supported passing a resolution supporting BRT on Highway 55 and potentially funding, in collaboration with others, further study and analysis of the corridor. City Council Meeting Executive Summary City of Golden Valley December 17, 2019 2 Financial Or Budget Considerations Financial impacts to complete additional analysis of the corridor are unknown but a reasonable estimate of Golden Valley’s share of such work is $25,000 to $50,000. Funding is not currently budgeted. Recommended Action Motion to adopt Resolution supporting future bus rapid transit (BRT) service on Highway 55 and participation in additional study of the corridor. Supporting Documents Resolution supporting future bus rapid transit (BRT) service on Highway 55 and participation in additional study of the corridor (2 pages) RESOLUTION NO. 19-76 RESOLUTION SUPPORTING FUTURE BUS RAPID TRANSIT (BRT) SERVICE ON HIGHWAY 55 AND PARTICIPATION IN ADDITIONAL STUDY OF THE CORRIDOR WHEREAS, the Metropolitan Council commissioned a study of Highway Transit Corridors in 2014 and included the Highway 55 corridor in an addendum to that study in 2015 identifying the segment of Medina to Minneapolis through Golden Valley as a possible BRT route; and WHEREAS, the Minnesota Department of Transportation, the Metropolitan Council, and Scott County funded, and the City of Golden Valley participated in, the US Highway 169 Mobility Study, which also considered BRT service on Highway 55; and WHEREAS, the Golden Valley City Council adopted Resolution 17-72 supporting the US Highway 169 Mobility Study, including the location of BRT service on Highway 55; and WHEREAS, the studies of BRT service on Highway 55 have identified a strong reverse commute market to Plymouth and Golden Valley, found a strong market for express bus service that connects corridor communities to jobs in Minneapolis, and provides a connection to the future METRO Blue Line light rate extension; and WHEREAS, BRT Service on Highway 55 is projected to service 8300 riders per day by 2030, serves corridor employment centers with more than 7000 jobs and job density of ten or more jobs per acre, and scores “high” in meeting the five goals for transit investment identified the 2014 Highway Transitway Corridor Study; and WHEREAS, BRT service on Highway 55 is identified in the Metropolitan Council’s 2040 Transportation Policy Plan as an unfunded potential BRT route, Golden Valley’s 2040 Comprehensive Plan, and Golden Valley’s Legislative Priorities; and WHEREAS, the City Council of the City of Plymouth adopted a resolution in May 2019 supporting efforts to complete a Highway 55 Mobility Study in conjunction with Hennepin County, the State of Minnesota, and the Metropolitan Council; and WHEREAS, leadership from the corridor cities, Hennepin County, and Metropolitan Council met in October and November of 2019 to discuss how to advance the development of BRT Service on Highway 55 and concluded that support and investment by the corridor communities was necessary to advance BRT service on Highway 55; and WHEREAS, legislative, regional and local leaders meet on December 12, 2019 to discuss BRT service on Highway 55, including challenges, engagement, goals, and ways to advance the development of BRT on the corridor. NOW THEREFORE BE IT RESOLVED that the City of Golden Valley continues to support the development of BRT service on Highway 55 and, in collaboration with other cities and agencies, is willing to further study BRT on the Highway 55 corridor to identify corridor improvements, demonstrate ridership demand, conduct additional land use analysis and consider other factors that support BRT development along the corridor. Resolution No. 19-76 -2- December 17, 2019 Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. N. Authorize Partners in Energy Application with Xcel Energy Prepared By Eric Eckman, Environmental Resources Supervisor Summary In order to achieve the energy goals identified in the Resilience & Sustainability chapter of the City’s 2040 Comprehensive Plan and continue to advance in the GreenStep Cities Program, the City Council is being asked to consider participation in Xcel Energy’s Partners in Energy community collaboration program in 2020-2022. The City’s Resilience & Sustainability plan recommends partnering and participating in community programs like this one to engage with stakeholders and further develop the City’s energy goals, priorities, and strategies. Partners in Energy will provide tools, data, resources, and expertise to help the community (residents, businesses, municipal operations) create a comprehensive energy action plan. In October 2019, the Environmental Commission approved the City’s participation in the program and recommended it to City Council for consideration. Commission members will participate in the planning and implementation phases of the program by attending meetings, providing input, and working closely with staff throughout the process. The application is due January 15 for the 2020-2022 program year. If the City’s application for the program is accepted, the City will need to enter into a Memorandum of Understanding (MOU) with Xcel Energy defining responsibilities and expectations of both parties. An MOU is needed for both Phase 1 Plan Development and Phase 2 Plan Implementation. The application and the MOU template for Phase 1 Plan Development are attached. Financial Or Budget Considerations Direct Cost - There is no direct cost to the City, its residents or businesses to participate in the program. Indirect Cost - Based on discussions with other cities, it is estimated that approximately 10% of staff’s time will be spent supporting the program over the two years of planning and implementation and that temporary assistance (GreenCorps members, interns, consultants, temporary employees) can help support the effort or backfill existing duties. Staff will utilize existing budgets, including $50,000 per City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 year over 3 years for environmental initiatives approved by Council in 2019, to ensure completion of the energy action plan. Long Term Investment and Cost Savings – Financial investment may be required to implement strategies developed in the energy action plan, with the goal of improving energy efficiency and promoting renewable energy while reducing energy consumption, costs, and greenhouse gas emissions over time throughout the entire community. Recommended Action Motion to authorize staff to apply for participation in Xcel Energy’s Partners in Energy community collaboration program in 2020-2022 and authorize the City Manager to enter into a Memorandum of Understanding with Xcel Energy for Phase 1 Plan Development in a form acceptable to the City Attorney. Supporting Documents Partners in Energy Overview (11 pages) Partners in Energy Application (6 pages) Partners in Energy Memorandum of Understanding Phase 1 - Plan Development (4 pages) Partners in Energy Overview Golden Valley 2019 1 2 Partners in Energy Scope Partners in Energy is a two-year collaboration with Xcel Energy to develop and implement your energy plan goals. Partners in Energy is launching streamlined planning for communities with limited planning resources or needs. Focus is on implementation support. 2 Planning 4 months) Implementation pending needs) Planning 6 months) Implementation 18 months) 3 How it Works 1.Communities apply to participate. a)Applications accepted two times a year (Jan. 25th) b)Xcelenergy.com/PartnersinEnergy c)1-800-369-4362 2.Includes all of Xcel Energy’s programs and services, not just conservation offerings. a)Promote Xcel Energy’s renewable b)Supports education on energy information and billing options 3.Incorporates co-branding with communities and local partners. a)Press releases b)Email, direct mail, flyers c)Workshops 4.Relies heavily on community resources. 5.Vendor team: a)Brendle Group –prime, Colorado b)Center for Energy and Environment (CEE) –Minnesota c)Vermont Energy Investment Corp (VEIC) –online Exchange resources 3 4 Resources for Planning A variety of resources are available to support the planning phase. 4 Facilitation Guidance Project Management Data 5 Resources for Implementation A variety of resources are available to support the implementation phase. 5 Marketing and Communications Data Tracking/ Measurement Program Expertise Project Management 6 The Exchange Webinars and Office Hours Opportunities to share with and learn from other participating communities developing and implementing their own Energy Action Plans In-person events to inform and provide networking opportunities Online community resources 7 Partners in Energy Portal xcelenergycommunities.com Community library (planning process documents) Videos Webinars Toolkits Surveys Comment/Question Board Information Resources Calendar 7 Home Info Learn & Interact Communities Tools What is Xcel Energy Partners in Energy? Xcel Energy Partners in Energy provides communities in Minnesota and Colorado free services to develop an energy plan and assistance with implementing that plan. Each community has its own unique energy needs and priorities, and Partners in Energy tailors its services to complement each community’s vision. More and more communities are realizing energy planning plays a critical role in helping them reach their goals. The benefits of wise energy choices are diverse. By working with citizens, businesses, and even their own government facilities, a community can shave dollars off utility bills, promote renewables, drive resource conservation or contribute toward greenhouse gas reduction goals. Partners in Energy helps address the challenge of identifying local priorities and then structures a path that leverages all resources available. This site helps participating communities learn from and collaborate together to achieve their goals. It provides access to a variety of program- specific resources as well as collaboration forums for communicating with others in your community and beyond. Learn & Interact General Program Info My Community 8 Participating Communities September 2019 EXCHANGE 1 EXCHANGE 2 EXCHANGE 3 EXCHANGE 4 EXCHANGE 5 EXCHANGE 6 EXCHANGE 7 EXCHANGE 8 EXCHANGE 9 EXCHANGE 10 January 1, 2015 October 1, 2015 January 1, 2016 July 1, 2016 January 1, 2017 July 1, 2017 February 1, 2018 August 1, 2018 February 1, 2019 August 1, 2019 December 31, 2016 September 30, 2017 December 31, 2017 June 30, 2018December 31, 2018 June 30, 2019 March 30, 2020 September 30, 2020 March 30, 2021 September 30, 2021 Midtown Community Works, MN St Louis Park, MN Ramsey County, MN Saint Paul, MN Shorewood, MN Bloomington, MN Fridley, MN Northfield, MN Northglenn, CO Minnetonka, MN Maplewood, MN Edina, MN Jefferson County, CO Saint Cloud, MN Eden Prairie, MN Rosemount, MN Hastings, MN Greeley,CO Pueblo County, CO St Paul Public Schools, MN Red Wing, MN Summit County, CO Englewood, CO Faribault, MN Mahtomedi, MN Railroad Island, MN Red Wing, MN* Denver, CO Muni) Denver,CO EV)Superior, CO Littleton, CO Louisville, CO Winona, MN Erie, CO Wheat Ridge, CO Nederland, CO Eau Claire, WI Longmont, CO Lafayette, CO Garfield County, CO Broomfield, CO Westminster, CO Centennial, CO Thornton, CO Fort Collins, CO Minturn, CO National Western Center, CO Subtotal: 3 Subtotal: 5 Subtotal: 3 Subtotal: 5 Subtotal: 7 Subtotal: 6 Subtotal: 6 Subtotal: 4 Subtotal: 4 Subtotal:5 Total: 8 Total: 11 Total: 16 Total: 23 Total: 29 Total: 34 Total: 38 Total: 42 Total: 47 9 Minnesota & Wisconsin Communities –August 2019 Completed Implementation City of Eden Prairie City of Edina City of Faribault City of Mahtomedi City of Maplewood City of Oak Park Heights City of Red Wing City of St. Louis Park City of Shorewood City of Winona Lake Street Corridor in Minneapolis Ramsey Co. Parks and Recreation Dept. Implementing their Plans City of Bloomington City of Fridley City of Hastings City of Northfield City of Rosemount City of St. Cloud City of Saint Paul Developing their Plans City of Eau Claire, WI City of Minnetonka, MN Saint Paul PublicSchools9 Map Credit: Google Maps 2019 Questions and Next Steps 10 Page 1 of 6 19-03-514 Colorado | Minnesota Application Partners in Energy More communities are realizing energy planning plays a critical role in helping them reach their energy goals. The benefits of wise energy choices are diverse. Through collaborative work with citizens, businesses, and governments, a community can shave dollars off utility bills, promote renewable energy, drive resource conservation, and contribute to greenhouse gas reduction goals. Since 2014, Partners in Energy has been helping communities gather these stakeholders to develop and implement energy action plans that address the challenges of local energy priorities with actionable strategies and resources. In addition to offering support for community-based energy action plan development and implementation, Partners in Energy is evolving to include a broader spectrum of community engagement that includes supporting returning Partners in Energy communities as they define new goals and strategies, working with communities that have existing energy goals and strategies but need help implementing them, supporting smaller communities or geographic areas (i.e., districts or neighborhoods) that may benefit from a more tailored approach, or even convening collaborations that don’t fit the traditional definition of a community but are focused on increased efficiency and renewable energy opportunities in unusual settings. Partners in Energy continues to offer tools, data, and expertise to help communities analyze their energy trends, establish energy goals, identify energy strategies, and implement their energy priorities. Through the Partners in Energy process, Xcel Energy supports communities in convening stakeholders to develop custom roadmaps to achieve their energy goals. Xcel Energy also helps communities implement their energy strategies. The planning and implementation process is tailored to the unique needs and priorities of each community. Accepted communities will participate in a scoping meeting to determine the pathway that best aligns with your community’s interests and capabilities. Partners in Energy is offered at no cost to participating communities in Colorado and Minnesota, with the expectation that both Xcel Energy and the community will invest in the process. This investment includes staff and financial resources from Xcel Energy during both the planning and implementation phases. It also includes community staff time during both the planning and implementation phases and your community’s plan may require financial support to implement strategies. Page 2 of 6 19-03-514 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Xcel Energy wants to work with motivated, engaged, and action-oriented communities and champions who are willing to commit to the process and the outcomes. This application will help us better determine good community alignment for our limited, but valuable, resources. While completing the application does not guarantee acceptance as a participant, your application will be evaluated against other applicants using criteria that include, but may not be limited to, community size and structure, planning experience, stakeholder capacity, available resources (staff and otherwise), and willingness to share results publicly. If you have questions about the application or the opportunity, please visit xcelenergy.com/PartnersInEnergy, email us at PartnersInEnergy@xcelenergy.com or call 800.369.4362. Submit completed application via email to: PartnersInEnergy@xcelenergy.com. Return this application by 5:00 p.m. CST on January 15, 2020. Qualifying customers Communities in Colorado and Minnesota with retail energy services from Xcel Energy qualify to participate in Partners in Energy. Community customer information Company name Community jurisdiction (e.g., city, association, partnerships, county): _____________________________________________________________________ Contact name _____________________________________________________________________________________________________________ Title Phone Address _________________________________________________________________________________________________________________ City Email Community profile Approximate business count Approximate household count Approximate population Approximate area in square miles Would you be able to provide a GIS a shapefile of your community that would define the geographic boundaries of the area? Yes No Current community energy-related utility providers (e.g. gas service providers) 1)Name of company Fuel type Area served 2) Name of company Fuel type Area served 3)Name of company Fuel type Area served Page 3 of 6 19-03-514 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Interest in Partners in Energy Describe your interest in Partners in Energy and how you think Partners in Energy could provide value. What is/are the most pressing energy-related issue(s) facing your community today? If you’re accepted as a participant in Partners in Energy, what additional approvals within your community would you need to obtain prior to starting? examples: City Council, City Manager, Sustainability Commission, etc.) Page 4 of 6 19-03-514 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Planning and energy management experience Does your community currently have any sustainability or energy plans, policies, codes, regulations or initiatives? If yes, please identify them and indicate the date(s) they were last revised. (Describe your interest in Partners in Energy and how you think Partners in Energy could provide value.) Describe any energy programs or energy management activities your community has participated in over the past two years. Please include goals/targets and results if applicable. This can include initiatives to track energy use in any part of your community (e.g., public buildings), a neighborhood energy challenge, etc. If you have participated in Partners in Energy before, what strategies would you like to pursue with additional support from Partners in Energy, and why? Additionally, please explain if your community is already engaged with Xcel Energy in other ways. Community resources and commitment Please indicate who in your community would be the point person (or people) to manage your Partners in Energy participation and describe his/her/their applicable experience and background relative to planning, energy and /or sustainability. Describe his/her/their availability to support this initiative through both strategy development and implementation (include multiple people as applicable for each stage). Describe whether they are paid staff or volunteers and the extent to which managing and/or implementing energy or sustainability initiatives is a component of their job duties. Page 5 of 6 19-03-514 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota While Partners in Energy is offered to communities at no cost, communities are responsible for expenses associated with implementation. Does your community have staff, volunteer, budget or other funding resources to implement the energy initiatives that will be identified in the Partners in Energy process? Yes No If yes, please describe. Community involvement One of the keys of Partners in Energy is engaging representatives from your community to participate in developing and implementing strategies to meet your community goals. These representatives should be varied and willing to commit their time to the process. They may include city or town staff members, business association representatives, large local business representatives, local nonprofit staff members, school district staff members, county government officials, etc. Please describe who from the community you would anticipate engaging in developing your energy strategies. (Please list six to eight possible representatives.) Partners in Energy is designed to promote communities learning from each other and sharing best practices. Are you willing to share your community work through Partners in Energy with community members and other participating communities? Will you allow your final work products to be shared publicly? Yes No If no, please explain. xcelenergy.com | © 2019 Xcel Energy Inc. | Xcel Energy is a registered trademark of Xcel Energy Inc. | 19-03-514 Partners in Energy Application Partners in Energy 800.369.4362 Colorado | Minnesota Is there anything else you would like us to consider when evaluating your application? Customer declaration I certify that the information in this application is accurate and complete and I am authorized to make this application on behalf of my community. Your signature confirms your community is interested in participating in Partners in Energy and is willing to enter into a Memorandum of Understanding with Xcel Energy that will define responsibilities and expectations of both parties. Community name Contact name Title By checking the box and indicating my name below, I am signing this application in declaration of its accuracy. Name Title Memorandum of Understanding Phase 1 – Plan Development Mr. xxx Xxxx xxxx xxxx, MN 55xxx Congratulations on being selected to participate in Xcel Energy’s Partners in Energy. This offering is designed to provide your community with the tools and resources necessary to develop and implement an energy action plan that reflects the vision your community has for shaping energy use and supply in its future. Participation is intended to span 24 months with the initial 6-8 months dedicated to developing of a strategic energy action plan and the remaining time focused on the implementing that plan. The intent of this Memorandum of Understanding (MOU) is to confirm the Community intent to participate in the initial plan development phase of the Partners in Energy program and outline the commitment that your community and Xcel Energy are making to this collaborative initiative. The primary objective of this phase of the program is to develop your energy action plan. In order to achieve this Xcel Energy will provide: Consulting support to assist in identifying potential community stakeholders, and constructing or delivering an invitation or informational announcement regarding the planning process. Data analysis of community energy use and Xcel Energy program participation to the extent that it is legally and technically prudent and feasible. The results can be used to identify potential opportunities to implement plan strategies. Xcel Energy will attempt to integrate data provided by the Community into the analysis if feasible. Professional facilitation of 3-5 plan development work sessions with the community stakeholder group to develop the energy action plan’s vision, focus areas, goals and implementation strategies. XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase Assistance as needed in synthesizing the community and program data collected with the vision of the community to identify attainable goals that align with suitable strategies and tactics. Development of the documented energy action plan that will incorporate inputs from the stakeholder planning team and will be accessible to the community. Commitment to delivering an actionable and complete draft energy action plan for review within seven months of the Community and Xcel Energy signing this MOU. Although participation in the Plan Development phase of Partners in Energy program requires no monetary contribution, the community, the Community, does agree to provide: A single contact point to recruit active and engaged stakeholders, coordinate planning meeting logistics as well as distribution of deliverables, and lead participation of the community in the planning process. o Community staff engagement in developing workshop agendas, participating in post-workshop check-in meetings and follow-up work, and implementation planning. Commitment to ensuring community stakeholder engagement throughout the planning workshops. This could include consultation with key community stakeholders who may be relevant to the plan but not present on the energy action planning team, to gain input on proposed goals and strategies. Timely review of Energy Action Plan document, as well as shepherding the completed plan through stakeholder review process. o Good-faith evaluation of the recommendations and analysis provided, as well as fair consideration of the potential strategies and tactics identified to ensure alignment with the community’s goals and priorities. Meeting facilities to host the stakeholder group during the development of the plan. Identification of existing community energy plans, programs, or initiatives that could be leveraged in successful development and delivery of this plan. Commitment to delivering an actionable and complete energy plan within a twelve month timeframe of the Community and Xcel Energy 2 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase signing this MOU. Within this period the Community is committed to completing the formation of the energy action planning team and the development and approval of the energy action plan. Public distribution of the work products developed with the support of the Xcel Energy’s Partners in Energy Program. Resource Commitment Summary Plan Development Phase Community Xcel Energy Single point of contact Support in maintaining community stakeholder engagement throughout the planning process. Involvement in development and review of Energy Action Plan content. Meeting facilities Access to existing energy-related plans and programs Commitment to completing the plan development and approval Agreement that the energy plan resulting from this work will be available to the public Assistance identifying and recruiting stakeholders Analysis of community energy use and program participation Facilitation of planning sessions Training and guidance developing goals and strategies Documentation and delivery of the energy action plan Commitment to completing the plan development The Memorandum of Understanding for the Implementation Phase of the Partners in Energy program will be developed upon completion of your energy action plan and will outline your goals and the resource commitment from Xcel Energy and the Community. All communications pertaining to this agreement shall be directed to xxx xxx, on behalf of the Community, and Tami Gunderzik on behalf of Xcel Energy. Thank you again for your continued interest in Xcel Energy’s Partner in Energy program. We look forward to assisting the Community in the development of an action energy plan. 3 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase For the Community: Date: ___________________________________ For Xcel Energy: Date: ___________________________________ 4 Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. O. Approve Agreement with Hennepin County for the 2020/2021 Sentencing to Service Program Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Supervisor Summary Over the years, the Public Works Department has received requests for miscellaneous tasks including weeding, litter pickup, and park cleanup that exceed the Public Works Maintenance Department's available resources. In response to meet these needs, staff has contracted with Hennepin County's Sentencing to Service Program (STS) since 2014. The STS crews exceed staff's expectations and capabilities on a range of projects listed below: Weeding and mulching public landscapes Mulching and leveling playgrounds Nature trail maintenance Trimming small trees and shrubs Edging and line trimming parks Sod and seed restoration projects Painting picnic tables, hockey rink boards, buildings, and signs Fall cleanup, cutting perennials, etc. Highway 55 Lilac Project maintenance Cleaning and landscape maintenance around stormwater ponds Litter picking all public grounds and highways Buckthorn removal projects Snow removal around pedestrian facilities Based on STS's performance, staff is recommending that the City continue the working relationship with STS in 2020 and 2021. Under the new two year contract, Hennepin County will continue to provide one STS crew full time (5 days a week) to Golden Valley. The primary focus of the STS crews will continue to be the projects listed above and other environment-related efforts. Financial Or Budget Considerations Staff sees this partnership with STS as being a great value and service to the residents of Golden Valley. The total expense for STS in 2018 and 2019 was $191,100. The two year cost to continue City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 this service in 2020 and 2021 shall not exceed $196,991.60, which includes a 3% increase in 2020 and no additional increase in 2021. The cost is shared between the Conservation/Recycling Fund and Storm Sewer Fund. Each fund has $49,200 and $50,265 budgeted, respectfully, in 2020 and 2021. Recommended Action Motion to authorize the Mayor and City Manager to execute the Sentencing to Service Program Services Agreement with Hennepin County in the form approved by the City Attorney to authorize the 2020 through 2021 Sentencing to Service Program in an amount not to exceed $196,991.60. Supporting Documents Sentencing to Service Program Services Agreement with the City of Golden Valley (7 pages) STS Form Agreement Rev 12/2019 Page 1 of 7 Contract No. A199842 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA the “COUNTY”) A-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, Minneapolis, Minnesota 55487 (the DEPARTMENT”) and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road, Golden Valley, MN 55427 (the “PARTNER”). WHEREAS, the COUNTY operates the Sentencing to Service Program (the PROGRAM”), which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the PARTNER wishes to purchase the services of the PROGRAM; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the PARTNER agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from January 1, 2020 through December 31, 2021, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement shall not exceed One Hundred Ninety-Six Thousand, Nine Hundred Ninety-One Dollars and Sixty Cents ($196,991.60) plus applicable tax. 2. SERVICES TO BE PROVIDED The COUNTY agrees to provide labor to perform the following work, in accordance with the terms of this Agreement, and as more specifically described in Attachment A, attached hereto and incorporated herein by reference (the “Work”): Forestry, park, street and utility maintenance, as well as janitorial services. 3. PARTNER RESPONSIBILITIES The PARTNER agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all Work and coordinate material purchases and delivery for projects to be performed. STS Form Agreement Rev 12/2019 Page 2 of 7 4. COUNTY RESPONSIBILITIES The COUNTY agrees to the following with respect to the Work requested: A. Provide work crew(s) in the number and on the days specified on Attachment A. B. Provide COUNTY-employed crew leader who will be responsible for the transportation, instruction, and supervision of the PROGRAM work crew. C. Provide required personal safety equipment and clothing needed for specific work. D. Provide basic landscaping or other tools and equipment needed for specific work. E. Train each PROGRAM work crew in necessary safety principles and techniques. F. Provide quarterly reports to the PARTNER that show the number of days worked and total hours of service received. G. Assume all medical liability for the PROGRAM participants. H. The COUNTY, in its sole discretion, will assign PROGRAM participants of any gender, race or age capable of performing the Work. 5. COST AND PAYMENT FOR SERVICES A. The COUNTY shall bill the PARTNER for services performed including all applicable state and local sales tax as further specified in Attachment A. If the PARTNER is exempt from any such tax, it shall provide a completed Certificate of Exemption to the COUNTY as specified in Attachment A. B. Payment for services performed by the COUNTY shall be paid by the PARTNER within thirty (30) days from the date of invoice. 6. INDEPENDENT PARTNER Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent PARTNER for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. STS Form Agreement Rev 12/2019 Page 3 of 7 7. INDEMNIFICATION Except as further provided in this paragraph: (1) each party is responsible for its own errors, acts, and omissions and the results thereof to the extent authorized by law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof, and 2) each party agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees, for its own errors, acts, and omissions and the results thereof to the extent authorized by law. Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no liability to the PARTNER for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages including without limitation loss of profit, revenue, business opportunity, or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. The COUNTY and the PARTNER’s liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 8. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 9. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 10. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 11. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the PARTNER to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the PARTNER resumes compliance. STS Form Agreement Rev 12/2019 Page 4 of 7 B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the PARTNER with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, Logan Futterer, Corrections Program Manager, Hennepin County Department of Community Corrections & Rehabilitation, Community Offender Management Division, 3000 North Second Street, Minneapolis, Minnesota 55411, logan.futterer@hennepin.us or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the PARTNER. 13. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the PARTNER shall be sent to the address stated in the opening paragraph of this Agreement. 14. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK STS Form Agreement Rev 12/2019 Page 5 of 7 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: Sig_es_:signer4:signature}} userstamp4_es_:signer4:stamp}} Reviewed for COUNTY by: Sig_es_:signer5:signature}} userstamp5_es_:signer5:stamp}} Board Resolution No: BoardResolution_es_:signer5:brs}} Document Assembled by: Sig_es_:signer1:signature}} userstamp1_es_:signer1:stamp}} Exh_es_:signer1:attachment:label("Attachments")}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: Sig_es_:signer7:signature}} userstamp7_es_:signer7:stamp}} ATTEST: Sig_es_:signer8:signature}} userstamp8_es_:signer8:stamp}} By: Sig_es_:signer6:signature}} userstamp6_es_:signer6:stamp}} 4 4 0. 0)/4 STS Form Agreement Rev 12/2019 Page 6 of 7 PARTNER PARTNER warrants that the person who executed this Agreement is authorized to do so on behalf of PARTNER as required by applicable articles, bylaws, resolutions or ordinances.* By: Sig_es_:signer2:signature}} userstamp2_es_:signer2:stamp}} ttl_es_:signer2:title}} By: Sig_es_:signer3:signature}} userstamp3_es_:signer3:stamp}} ttl_es_:signer3:title}} PARTNER represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship. STS Form Agreement Rev 12/2019 Page 7 of 7 Contract No. A199842 ATTACHMENT A Hennepin County STS Services For City of Golden Valley January 1, 2020 – December 31, 2021 SERVICES TO BE PROVIDED: Forestry, park, street and utility maintenance, as well as janitorial services. SERVICE FREQUENCY: One (1) STS work crew, five (5) days per week for a minimum of six (6) hours per day, excluding paid breaks. AVERAGE WORK CREW SIZE: Five (5) per crew COST PER DAY: Three Hundred Seventy-Eight Dollars and Fifty-Three Cents 378.53) TOTAL COST: $196,991.60 INVOICING: (Quarterly) PARTNER CONTACT INFORMATION: Tim Kieffer Public Works Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 763-593-3960 (Direct) tkieffer@goldenvalleymn.gov TAXABLE STATUS Hennepin County provides certain services that are taxable in the State of Minnesota. Appropriate sales tax will be charged for all taxable services provided. If your organization is exempt from any state or local sales tax, you must provide a completed Certificate of Exemption (Form ST3) to the County Liaison identified in section 12. Please consult the Minnesota Department of Revenue Sales & Use Tax guides (available at https://www.revenue.state.mn.us/sales-and-use-tax) for information on taxability of specific services. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. P. Authorize Waste Delivery Agreement with Hennepin County Prepared By Tim Kieffer, Public Works Director Summary In 2011, the City began contracting with Hennepin County Department of Environmental Services to dispose of refuse collected by staff from park properties and buildings. The current contract with Hennepin County for waste disposal expires December 31, 2019. Staff recommends renewing the contract in order to continue waste hauling to Hennepin County facilities utilizing the Public Works trash compactor truck. Financial Or Budget Considerations The cost increased from $58 per ton to $63 per ton, which is a $5.00 per ton adjustment from the previous price. The Building operating budget (1180.6375) has $3,500 dedicated for waste disposal. Recommended Action Motion to authorize the Mayor and City Manager to execute the Waste Delivery Agreement with Hennepin County in the form approved by the City Attorney to dispose of refuse. Supporting Documents Waste Delivery Agreement (10 pages) Contract No. A199915 WASTE DELIVERY AGREEMENT THIS AGREEMENT is made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, ("County"), A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Environment & Energy, 701 Fourth Avenue South, Suite 700, Minneapolis, Minnesota 55415, ("County"), and City of Golden Valley, 7800 Golden Valley Road, Golden Valley, MN 55427, ("Hauler"). The parties agree as follows: I.TERM OF THE AGREEMENT This Agreement shall be in full force and effect from January 1, 2020 through December 31, 2021. II.DEFINITIONS A.Acceptab]e Waste has the meaning given to "mixed municipal solid waste" in Minnesota Statutes, Section 1 l 5A.03, Subdivision 21, as it may be amended from time to time, but does not include Unacceptable Waste. 8.County Board is the Hennepin County Board of Commissioners. C.County Facility means the Brooklyn Park Transfer Station and Hennepin Energy Recovery Center (HERC) andincludes transfer stations that the County has contracted for use. D.Hazardous Waste has the meaning given to it in Minnesota Statutes, Section 1158.03, Subdivision 9, as it may be amended from time to time. E.Hennepin County Solid Waste System Operating Manual is the manual prepared by the Department of Environmental Services which describes the procedures and requirements forall haulers operating in Hennepin County including the use of the County Facilities. F.Public Entity means the state; an office, agency, or institution of the state; the Metropolitan Council; a metropolitan agency; the Metropolitan Mosquito Control District; the legislature; the courts; a county; a statutory or home rule charter city; a town; a school district; another special taxing district; or any other general or special purpose unit of government in the state. G.Unacceptable Waste includes explosives, pathological and biological waste, radioactive materials, ashes, incinerator residue, foundry sand, sewage sludge, cesspool and other human waste, human and animal remains, motor vehicles, major vehicle parts such as transmissions, rear ends, springs and fenders, automobile and small vehicle tires to the extent the air emission criteria applicable to HERC are violated by their combustion, agricultural and farm machinery and equipment, 1 F.The Hauler agrees to abide by the conditions of the Hennepin County Solid Waste System Operating Manual. G.The Hauler agrees to pay all fees established under this Agreement. VI.RESPONSIBILITY FOR UN ACCEPT ABLE WASTE A.If requested by a County Facility operator, the Hauler agrees to reload and dispose of waste deposited on the tipping floor if the waste contains Unacceptable Waste, including Acceptable Waste contaminated by Unacceptable Waste. B.If the County Facility operator has reason to believe that Unacceptable Waste was delivered by the Hauler, and the Hauler has left the tipping floor, the Hauler agrees to returnand remove such Unacceptable Waste and dispose of it in accordance with all applicable federal, state and local laws. C.The County Facility operator has the right to reject entire or partial loads of Unacceptable Waste. The Hauler shall be provided with documentation specifying the rejection and reasons therefore. All costs of reloading, removal and disposal of Unacceptable Waste shall be borne by the Hauler. VII.PAYMENT PROCEDURES A.Payments shall be made in accordance with procedures provided in the Hennepin County Solid Waste System Operating Manual. B.Subject to Paragraph C. of this Section VII, the Hauler shall pay sixty-three dollars 63.00) per ton for Acceptable Waste delivered to a County Facility through December 3 1, 2021. C.The Hauler will receive the lowest rate given to any hauler who contracts with the County for delivery of Acceptable Waste. The reference to the "lowest rate given to any hauler" shall not include the rate given to haulers, contracted or non-contracted, who deliver loads of source-separated compostable materials, source-separated recyclable materials or other materials collected and disposed of as separate waste streams. VIII.INDEPENDENT CONTRACTOR Hauler shall select the means, method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting Hauler as the agent, representative, or employee of County for any purpose. Hauler is and shall remain an independent contractor for all services performed under this Agreement. Hauler shall secure at its own expense all personnel required in performing services under this Agreement. Hauler's personnel and/or subcontractors engaged to perform any work or services required by this Agreement will have no contractual relationship with County and will not be considered employees of County. County shall not be responsible for any 3 amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger and Modification, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C.If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. XVII.DEFAULT AND CANCELLATIONffERMINATION A.If the Hauler fails to perform any of the provisions of this Agreement, fails to administer the work as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless the Hauler's default is excused in writing by the County, the County may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause forthe County to delay payment until the Hauler's compliance. In the event of a decision to withhold payment, the County shall furnish prior written notice to the Hauler. B.Upon cancellation or termination of this Agreement: 1.At the discretion of the County and as specified in writing by the Contract Administrator, the Hauler shall deliver to the Contract Administrator copies of all writings so specified by the County and prepared by the Hauler in accordance with this Agreement. The term "writings" is defined as any of the following that was created by the Hauler pursuant to this Agreement: Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, or symbols, or combinations thereof. 2.The County shall have full ownership and control of all such writings. The Hauler shall have the right to retain copies of the writings. However, the Hauler shall not, without the prior written consent of the County, use these writings for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such writings; and shall not do anything which in the opinion of the County would affect the County's ownership and/or control of such writings. 3.Except to the extent required by law or as agreed to by County, Hauler shall not retain any Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to 7 XXI.NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the County shall be sent to the County Administrator with a copy to the originating the County department at the address given in the opening paragraph of this Agreement. Notice to the Hauler shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in the Hauler's Form W-9 provided to the County XXII.CONFLICT OF INTEREST The Hauler affirms that to the best of the Hauler's knowledge, the Hauler's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to the Hauler, the Hauler shall immediately notify the County of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise the County whether the Hauler will or will not resign from the other engagement or representation. XXIII.MEDIA OUTREACH The Hauler shall notify Hennepin County Administration, or their designees, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by the County prior to publication or release. As used herein, the term "Outreach" shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/orother forms of outreach created by, or on behalf of, the Hauler (i) that reference or otherwise use the term "Hennepin County," or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the services performed hereunder or the County personnel, including but not limited to the County employees and elected officials. XXIV.MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. The remainder of this page is intentionally blank.- 9 Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. Q. 1. Accept Resignation from Human Services Commission Prepared By Tim Cruikshank, City Manager Summary Commissioner Maurice Harris has submitted his resignation from the Human Rights Commission. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Maurice Harris from the Human Rights Commission. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. Q. 2. Accept Resignation from the Rising TIDES Task Force Prepared By Tim Cruikshank, City Manager Summary Task Force Member Maurice Harris has submitted his resignation the Rising TIDES Task Force. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Maurice Harris from the Rising TIDES Task Force. Golden Valley City Council Meeting December 17, 2019 Agenda Item 3. Q. 3. Accept Resignation from the Open Space & Recreation Commission Prepared By Tim Cruikshank, City Manager Summary Commissioner Kimberly Sanberg has submitted her resignation from the Open Space & Recreation Commission. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Kimberly Sanberg from the Open Space & Recreation Commission. Golden Valley City Council Meeting December 17, 2019 Agenda Item 6. A. Appeal of Board of Zoning Appeals Decision – 1601 Noble Drive Prepared By Jason Zimmerman, Planning Manager Summary At the October 22, 2019, Board of Zoning Appeals (BZA) meeting, the BZA denied a variance application submitted by the property owner of 1601 Noble Drive. The variance request related to a parcel adjacent to 1601 Noble Drive that contains the private street providing access to that address. The parcel is owned by a Homeowner’s Association and the owner of 1601 Noble, as member of the Association, submitted the application on behalf of the Association. The variance request was for a waiver from the Planned Unit Development (PUD) requirement that any common section of a private street serving three or more dwellings must be paved to a width of 20 feet. The existing private street is 18 feet wide. Staff recommended approval of the variance, noting that the necessary standards appeared to have been met. However, testimony provided at the meeting led the BZA to vote to deny the variance. Board Members stated that they believed the City Council was the body better suited to evaluate the request in light of past development decisions and pending amendments to the PUD. The petitioner, on behalf of the Homeowner’s Association that maintains the private road, is now appealing that decision and asking for the City Council to weigh in given their history with this development and with an eye towards future improvements. Background The existing private road was constructed on a pre-existing outlot and is currently non-conforming with respect to PUD standards. A proposed amendment to the PUD, which would modify the boundary and increase the size and number of lots served, cannot be approved unless either (a) the road is expanded to meet the 20 foot standard or (b) a variance is obtained to allow the road to remain at 18 feet wide. In response to questions raised at the BZA meeting, staff notes the following points: 1. An attorney hired by the petitioner has examined the title work for the properties involved and believes that the owner of 1807 Noble Drive does not have the legal right to block the use of the private road by other property owners to the south. Access to additional lots to the south is City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 2 not the focus of the variance request, but should be addressed further as part of the proposed PUD amendment. 2. The original 18 foot wide private road was approved to provide access to three lots within the PUD with an option to provide access to a fourth lot (1700 Noble Drive). Under the proposed PUD amendment, the private road would provide access to one additional lot. The proposed PUD amendment has not yet come before the Planning Commission or the Council. 3. The standard for private road width within a PUD is not subject to the flexibility offered other requirements in the City Code; deviation from this standard must be granted through a variance. Analysis Under Minnesota Statute 462.357, subd. 6, for a variance to be granted the petitioner must establish practical difficulties in complying with the City’s Zoning Code by showing that: (i) the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (ii) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and (iii) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Section 113-27, subd. (c)(1) and (c)(2), of the City Code applies these same standards for granting variances. Staff offers the following findings: 1. The variance must be in harmony with the general purposes and intent of the City’s zoning ordinance. The purpose of the City’s zoning ordinance is “to regulate land use within the City, including the location, size, use, and height of building, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare for all citizens of the City.” City Code, section 113-2. The requested variance is in harmony with this statement of purpose because it promotes the safety, order and convenience of residents of the City by providing convenient, safe access to the subdivision for the residents and for the City’s emergency response vehicles. 2. The variance must be consistent with the City’s comprehensive plan. The variance is consistent with the City’s comprehensive plan, which guides the subject properties for lower density residential development. 3. The property owner must propose to use the property in a reasonable manner not permitted by the zoning ordinance. The use of the existing outlot for a private road that serves both the existing and proposed low density single-family development is reasonable because the petitioner’s only alternative is for the Homeowner’s Association to acquire additional land to create a conforming 20 foot wide road. The requirement that the private road be paved to a width of 20 feet prevents the PUD amendment from being approved. City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 3 4. The plight of the landowner must be due to circumstances unique to the property that are not created by the landowner. There is no public road serving the lots. Council previously approved a PUD with an 18 foot wide private road to provide access to the public road. The width of the existing outlot that contains the private road and provides access to the single-family homes is unique in Golden Valley and was established long before the current PUD standards were created or before the current landowner took possession of the property. The dimensions of this outlot and its position relative to the surrounding parcels makes expansion of the private road impossible without the acquisition of additional land or right-of-way. 5. And the variance, if granted, must not alter the essential character of the locality. If granted, the variance would allow the private road to continue to serve a small development of single-family homes. The essential character of the area would not be impacted because regardless of the outcome of the variance, there will be a road on outlot A. Therefore, the character of the neighborhood is unaffected by the variance. To aid in the analysis, staff has worked with the petitioner to assess whether other reasonable options are available to meet the petitioner’s needs without requiring a variance. If the variance is not granted, the property owner could attempt to purchase additional land or obtain an easement in order to expand the width of the private road. The creation of a 20 foot paved roadway would require complete reconstruction of the existing 18 foot wide road, due to the poor soils in the area and the pavement section required to support emergency response vehicles. Lastly, staff has assessed whether the proposal requests the smallest variance necessary to meet the applicant’s needs. Two feet is the minimum amount of relief needed to meet the requirements of the PUD section of the City Code. Additional Information The City’s Fire Department has expressed strong support for keeping the private road width at 18 feet, provided a variance condition be added that requires any new homes within the PUD include a sprinkler system when they are constructed. This would remove any concern regarding potential access problems for emergency response vehicles and would provide the greatest level of protection from threats of fire. Conclusion Staff disagrees with the decision by the BZA to deny the requested variance and believes the practical difficulty standard has been met. Financial Or Budget Considerations Not applicable. Recommended Action Motion to overturn the decision of the Board of Zoning Appeals on October 22, 2019, denying the requested variance, based on the materials and information presented to the City Council, and to adopt the findings and analysis included in the staff report presented to the Board of Zoning Appeals, City Council Regular Meeting Executive Summary City of Golden Valley December 17, 2019 4 dated October 22, 2019, and to the City Council, dated December 17, 2019, with the following conditions: 1. Fire sprinkler systems shall be required in all new homes subsequently constructed within the PUD. 2. The variance shall only take effect upon the approval of the pending PUD amendment. Supporting Documents • Location Map (1 page) • Memo to the BZA, dated October 22, 2019 (3 pages) • BZA Minutes dated October 22, 2019 (4 pages) • Petitioner’s Variance Application (3 pages) SUBJECT PROPERTY 1 Date: October 22, 2019 To: Golden Valley Board of Zoning Appeals From: Jason Zimmerman, Planning Manager Subject: 1601 Noble Drive John Gabbert, Property Owner Introduction John Gabbert, owner of the property at 1601 Noble Drive, is seeking a variance from the City Code in order to allow a private street within a Planned Unit Development (PUD) to remain at 18 feet of paved width when the PUD is amended to accommodate additional development. Variance Request City Code Requirement The applicant is requesting a variance of 2 feet off the required 20 feet of width to a distance of 18 feet for a paved private street within a PUD. 113-123, Planned Unit Development, Subd. c)(7)(c)(6) Private Streets. Common sections of private streets serving three or more dwellings must be paved to a width of 20 feet. Background The Sweeney Lake Woods PUD was created in 2015 and partially replaced a large country estate that had been located in the same area. It consists of three single-family lots along Sweeney Lake and is connected to Noble Drive by an 18 foot paved private road. Only one home has been built to date. The standards for private roads within a PUD are 20 feet of paved width approximately centered within an easement that is at least four feed wider that the street. The existing private road was constructed on a pre-existing outlot and is currently non-conforming with respect to the PUD standards. The applicant has purchased one of the single-family lots within the PUD, as well as additional surrounding properties outside of the PUD. He proposes to modify the PUD boundary in order to increase the number of lots that utilize the private road, and to change the property lines of some lots that would remain outside of the PUD. However, the PUD amendment is constrained by the existing nonconformity of the driveway; the PUD cannot be expanded unless either (a) the driveway 2 is widened to meet the 20 foot standard or (b) a variance is obtained to allow the driveway to remain at 18 feet wide. City Code Requirement City Code Section 113-123 requires common sections of private streets serving three or more dwellings to be paved to 20 feet of width. This ensures sufficient access for emergency response fire) vehicles. Summary of Variance Request The applicant has pointed to the challenges in acquiring additional land on either side of the existing outlot in order to provide the required amount of width. In addition, due to poor soils in the area and the high minimum standards for construction (it must accommodate the weight of a fire truck), an additional two feet of width could not simply be added to the existing road – it would need to be completely reconstructed. Due to this fact, the applicant is pursuing a variance to allow the PUD to expand while maintaining the current road width. Analysis In reviewing this application, staff has maintained the points of examination to the considerations outlined in Minnesota State Statute 462.357, requiring that a property exhibit “practical difficulties” in order for a variance to be granted. In order to constitute practical difficulties: 1. The property owner must propose to use the property in a reasonable manner not permitted by the zoning ordinance. The use of the existing outlot for a private road that serves both the existing and proposed single-family development is reasonable; the requirement to pave the private road to a width of 20 feet prevents the PUD amendment from being approved. 2. The plight of the landowner must be due to circumstances unique to the property that are not created by the landowner. The width of the existing outlot that contains the private road and provides access to the single-family homes was established long before the current PUD standards were created. The unique layout of this outlot and the surrounding parcels makes expansion of the private road impossible without the acquisition of additional right-of-way. 3. And the variance, if granted, must not alter the essential character of the locality. If granted, the private road will continue to serve a small development of single-family homes. The character of the area will not be impacted. To aid in the analysis, staff works with the applicant to assess whether other reasonable options are available to meet the applicant’s needs without requiring a variance. Alternatively, the applicant could attempt to purchase additional right-of-way or obtain an easement in order to expand the width of the private road. The creation of a 20 foot paved roadway would require complete reconstruction of the existing 18 foot wide road, due to the pavement section required and to the poor soils in the area. 3 Lastly, staff assesses whether the proposal requests the smallest variance necessary to meet the applicant’s needs. Two feet is the minimum amount needed to meet the requirements of the Planned Unit Development section of the City Code. Additional Information The City’s Fire Department has expressed support for keeping the private road width at 18 feet, PROVIDED THAT any new homes within the PUD include a sprinkler system when they are constructed. This would remove any concern regarding potential access problems for emergency response vehicles. Recommendation Staff recommends approval of a variance of 2 feet off the required 20 feet of width to a distance of 18 feet for a paved private street within a Planned Unit Development. Staff also recommends two conditions of approval be included: 1. Fire sprinkler systems shall be required in all new homes subsequently constructed within the PUD. 2. The variance shall only take effect upon the approval of the pending PUD amendment. City of Golden Valley BZA Regular Meeting October 22, 2019 – 7 pm 8 1601 Noble Drive John Gabbert, Applicant Request: Waiver from Section 113-123, Planned Unit Development and Overlay Districts Subd. c)(7)(c)(6) Private Streets 2 ft. narrower than the required 20 ft. of street width. Purpose: To allow for the existing 18 ft. wide private roadway. Zimmerman referred to a location map of the property and gave some background. He explained that the Sweeney Lake Woods PUD was created in 2015 and consists of three single family lots along Sweeney Lake which are connected to Noble Drive via a private road. The private road is 18 ft. wide within a 20 ft. wide outlot. He stated the PUD standards call for a 20 ft. wide paved road within an easement that is at least 4 ft. wider so the existing 18 ft. wide road is nonconforming. He stated that there is a proposed PUD amendment plan pending that would expand the PUD boundary and incorporate additional land, however in order to address the nonconformity the applicant must widen the existing road to 20 feet or obtain a variance to allow it to remain 18 ft. wide. Zimmerman stated the City Code requires common sections private streets serving three or more dwellings be paved to 20 ft. of width which ensures sufficient access for emergency (fire) vehicles. He added that the Fire Department has stated that they would be okay with the existing 18 ft. wide driveway if any new homes have a sprinkler system installed when they are constructed. Zimmerman noted that it is difficult to acquire additional land to expand the existing private road and that poor soils and minimum construction standards to support fire trucks would require complete reconstruction of the road if it were widened. Zimmerman discussed the staff analysis and stated that the use of the private road is reasonable and the minimum width standards are preventing the PUD amendment from being approved, also the width of the outlot is pre-existing and established prior to PUD standards. If approved the road would continue to serve a small development of single family homes so the character of the area would not be impacted and the only other alternative is to acquire additional land or an easement to expand the road with which would require complete reconstruction. He added that two feet is the minimum amount need to meet the needs of the applicant and to satisfy the PUD standards. Zimmerman stated that staff is recommending approval of the requested variance with the following two conditions: 1) Fire sprinkler systems shall be required in all new homes subsequently constructed within the PUD, and 2) The variance shall only take effect upon the approval of the pending PUD amendment. Nelson asked about the status and timeline of the pending PUD amendment. Zimmerman stated that it will go to the Planning Commission in November and the City Council in December. He said he thinks City of Golden Valley BZA Regular Meeting October 22, 2019 – 7 pm 9 generally there is support for the PUD amendment but there are some engineering details to be worked out around stormwater management. Nelson asked how many new homes there would be with the PUD amendment. Zimmerman said they are proposing to take away one of the existing lots and add two more so there would be a net gain of one lot in the development. Orenstein asked if the surface of the driveway would change. Zimmerman said it would be kept as is if the variance is approved. Perich asked if it was a driveway before the PUD was created. Zimmerman said it was a driveway that was not paved. Perich asked if the 20 ft. wide road requirement was in place at the time the PUD was created. Zimmerman said yes, and that staff and the Planning Commission supported requiring a wider public street, however the Council ultimately approved the PUD to allow the existing 18 ft. wide private road. Jacquie Day, representing the applicant, said she wanted to clarify the hearing notice that was sent which stated that up to seven lots could be created. She said they are not creating seven lots, it deals with making changes that would touch seven lots. She referred to a map of the development and discussed the lots that use the private road for access. She said the private road access for two lots would be taken away so really only four homes would be using the private road. Perich asked Day how she felt about the condition regarding adding sprinkler systems to the new houses. Day said the applicant plans to build first class homes and is fine with that condition. Perich asked if the applicant has considered purchasing the extra two feet in order to make the driveway width 20 feet. Day said there are many reasons why that is not possible. She said there is an existing home (1807 Noble Drive) that is not part of the PUD and abuts the driveway and the existing driveway was only put in a few years ago and was very expensive to build and would have to be torn out and reconstructed. She added that the proposal will remain low density residential and the new homes will have sprinkler systems. Nelson opened the public hearing. Amar Alshash, 1807 Noble Drive, said he is concerned about this variance and he would like to keep the road as is. He said he supported the original PUD development and preventing the driveway from becoming a street for more homes to be developed. He said he believes that at the time it was said that only three new homes would be developed as a result of leaving the driveway alone, not four as Ms. Day stated, now developers want to add two more homes next to his property with a net gain of one home. He said the character of the neighborhood will be completely altered by this development. He said he has a legal easement on the private driveway and no one has requested his permission to move forward with this proposal. He said he got a phone call from Ms. Day asking for two feet of land and he said he was open to discussion about how that would work but he never heard a follow up. He said he is disappointed that they are adding more homes than the City initially agreed to and that the developers City of Golden Valley BZA Regular Meeting October 22, 2019 – 7 pm 10 have not asked his permission even though his easement will be improperly burdened by more traffic with the addition of more homes. Robert Meller, 1800 Major Drive, said this variance request should be denied for three reasons. The first is that it is based on a materially inaccurate application because it says the driveway is currently serving four lots which is not true, and it says it will serve four lots afterwards which is simply not true because at least one lot would be added. He said it would be a horrible precedent to approve a variance based on an inaccurate application. He said the second reason is that the application is premature. He said a mistake was made when a nonconforming 18 foot wide driveway was allowed and if the applicant wants to alter it that they should go through a different process to fix the mistake, they are not doing that they are asking for a variance. He said if the variance is granted it would be for three lots which is not needed because it is working just fine. He said either it satisfies the requirements or it doesn’t and should be denied. He said the third reason is that they didn’t even try to negotiate to get the additional two feet they need to widen the driveway. He added that economic hardship in regard to rebuilding the driveway should not be considered. Jacquie Day stated that the original road was approved for four lots. She said as far as approaching Mr. Alshash it was prior to them investigating and finding out that they couldn’t really just add two feet, the driveway would have to be completely taken out and rebuilt so they didn’t pursue talking to Mr. Alshash. Seeing and hearing no one else wishing to comment, Nelson closed the public hearing. Nelson explained that the Board isn’t here to comment on how many lots were approved or not, they are only considering the requested variance about the width of the private road. Zimmerman added that he would encourage people to come to the Planning Commission and City Council to speak to the development as a whole and the changes being proposed. He stated that Ms. Day is correct that the original road was approved for four lots and that a variance for the driveway is the appropriate process along with the parallel process of the PUD amendment. Blum asked if the width of the driveway was a substantial part of the Planning Commission’s discussion when the original PUD was approved. He asked if the driveway is a substantial part of the PUD why this isn’t a PUD amendment request instead of a variance request. Zimmerman said the Planning Commission and staff recommendation was to require the driveway to be widened however the Council did not approve the PUD that way so the driveway was left in a nonconforming situation. The PUD Code language requires that nonconformities be addressed and a variance is a common way to address nonconformities. Arms-Regenold asked if the applicant bought two feet of Mr. Alshash’s property if that would be City right-of-way. Zimmerman said Mr. Alshash could sell the applicant two feet of property or create a private easement. Blum said he thinks there are some difficulties with the land in regard to the driveway construction but that is not sufficient for him to approve the variance request. City of Golden Valley BZA Regular Meeting October 22, 2019 – 7 pm 11 Orenstein noted that the Board’s decision could be appealed to the City Council. Perich stated that the essential character shouldn’t be altered and in his opinion the essential character would be altered. Nelson said she isn’t comfortable at this point to approve this variance request and that the Planning Commission or City Council might be a better forum for this discussion. MOTION made by Perich, seconded by Orenstein to deny the variance as requested and motion carried 4 to 0. 1126 Florida Avenue North Dan Grossman, Applicant Section 113-152 (c)(1)(a) – Fences in all front yards shall not exceed four feet in height. Fences in side and rear yards shall not exceed six feet in height. The Board of Zoning Appeals will decide whether or not staff is interpreting the above language correctly in regard to the height of a recently constructed fence at 1126 Florida Avenue North. Zimmerman explained that this is not a variance request, it is an interpretation of the Zoning Code language. He said the two questions with this item are if the measurement of fence height should be taken from grade or from the top of a retaining wall, and if it can be determined if a fence extension at 1126 Florida Ave N was added before or after 2004 when the City Code was revised. Zimmerman gave some background information about the property and explained that in the summer of 2019 the applicant contacted staff about replacing a nonconforming fence. In August of 2019, a Zoning Permit application was submitted and approved for a 6 ft. tall fence which included a portion in the front yard. The neighbor at 6420 Golden Valley Road contacted staff to say the fence was too tall and there was also an illegal fence extension in place so staff visited the site on August 23 to investigate. Staff found that the new 6 ft. tall fence was constructed above an existing 18 inch stone wall and the total height of the fence from grade measured approximately 7.5 ft. He stated that a fence extension of approximately 22 inches had been added at some point in the past. The applicant believes the extension was done in 2002, the neighbor believes it was done after 2006. If the extension was done prior to October of 2004, it would be allowed as a legal nonconforming structure. Zimmerman showed the Board several pictures of the subject property and explained the City Code requirements that state “Fences in all side and rear yards shall not exceed six feet in height,” and “Any nonconformity existing at the time of adoption of an additional control…may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion.” Zimmerman stated that the staff analysis is that even though the Code does not say that fence height should be measured from grade common sense dictates that the height of the fence should be measured APPEAL FORM BOARD OF ZONING APPEALS DENIAL DATE: _11/25/19_____________________________ TO: Golden Valley City Council FROM: Petitioner Name: Golden Valley Sweeney Lake Woods Homeowners Association, Inc. (c/o John Gabbert & Bret Weiss) Address: 312 Ferndale Road West, Wayzata, MN 55391 (Gabbert) 1620 Noble Drive, Golden Valley, MN 55422 (Weiss) Phone: 612-803-2620 (Gabbert) 612-360-1290 (Weiss) Street address of property involved in this petition: 1601 Noble Drive, Golden Valley, MN 55422________________ If you are not the owner of all of the property involved in this petition, give the name of the owner and describe the petitioner’s interest (legal and otherwise) in this property: See Attached Property Owners List________________________ Waiver requested and denied was: Shared Driveway Width reduction from 20’ to 18’______________ BZA Denial Appeal Page 2 Appellant’s reasons for requesting council’s review and consideration of the BZA denial: The BZA denied the request because they felt the variance was part of a larger project approval and should be decided by the Council along with that PUD amendment request. Attach 7 copies of the site plan and/or drawings that may clarify the requested variance. If your plan is 11” x 17” or smaller, only one copy is needed. Golden Valley City Council Meeting December 17, 2019 Agenda Item 6. B. Second Consideration – Ordinance #676 – Amendment to the 2020 Master Fee Schedule Prepared By Sue Virnig, Finance Director Marc Nevinski, Physical Development Director Summary The Master Fee Schedule was approved on November 6, 2019. Since that time discussion was held on the street width. On November 19, the Council amended the PMP policy to establish 28’ as the standard street width, which increases project costs. Financing for the street portion of PMP projects comes from two revenues sources: bonded debt and special assessments. The total amount of the special assessments must be a minimum of twenty percent (20%) of project costs to sell bonds to finance the remainder of the street portion of the project. Since the amount has changed, staff recommends amending the master fee schedule to delete the street assessment fee. The first consideration of the amendment was on December 3. Staff reviewed the new time line for approving the 2020 PMP project and potential assessments. The schedule and potential costs are attached. Residents in the 2020 PMP will receive a letter in the coming weeks with a project approvals schedule and information about the possible range of assessments. Financial Or Budget Considerations The special assessment rates will be considered and a public hearing held at the time of the contract is awarded. The assessment rate is expected to increase due to the increase in costs for the 28 foot road width and financial incentives for the contract to finish by date specific. Recommended Action Motion to adopt second consideration Ordinance #676 amending the 2020 Master Fee Schedule removing fees street assessments. Supporting Documents Ordinance #676, adopt second consideration of Amending Ordinance #672 to Remove fees from the 2020 Master Fee Schedule for Street Assessments (1 page) 2020 PMP Project approval schedule (1 page) 2020 PMP potential assessment sheet (1 page) ORDINANCE NO. 676 AN ORDINANCE AMENDING THE CITY CODE Amending the 2020 Master Fee Schedule For Street Assessments Fees The City Council for the City of Golden Valley hereby ordains: Section 1. The City Code requires that certain fees for City services and licenses be established from time to time by the City Council. Section 2. The 2020 Master Fee Schedule was adopted as the city’s fee schedule effective January 1, 2020, on November 6, 2019, including the Street Assessment fees. Section 3. The 2020 Master Fee Schedule for the Street Assessments Fees of the City Code are hereby amended by revising the following: ENGINEERING Adopted 2020 Fee Proposed 2020 Fee STREET ASSESSMENTS Residential/Single Family/Duplex, per dwelling unit on local street $7,500.00 $7,500.00 Multi Unit Residential (more than 2 dwelling units) on local street $82.52/ft $82.52/ft Residential/Single Family/Duplex, per dwelling unit on state aid street 1,875.00 $1,875.00 Multi Unit Residential (more than 2 dwelling units) on state aid street 88.38/ft $88.38/ft Other Zonings, Local Streets $104.17/ft $104.17/ft Other Zonings, State Aid Streets $107.30/ft $107.30/ft Administrative Fee for Driveways and/or Sanitary Sewer repairs Seven percent of total or maximum fee -whichever lessor) When a project does not follow the above assessment rates, the rates will be approved at the time of the project hearing. Section 4. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 17th day of December, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk 2020 PMP Process Summary Action Proposed Date Obtain Proposal Services Council Adopts Resolution Authorizing Preparation of Feasibility Report Council Approves Professional Design Services Agreement Council Approves Resolution for bond dollars Mailed 1st Resident Letter September 2018 10-09-18 Obtain Assessment Estimate (for 1st Open House) First Open House (Mailed Invite 04-15-19) Second Open House (Mailed Invite10-07-19 ) May 2019 October 2019 Notices Run first notice of public hearing for proposed improvements Run second notice of public hearing for proposed improvements Mail notice of public hearing (Min 10 days prior to PH) for proposed improvements. 12-26-19 01-02-20 01-02-20 Public Hearing on Proposed Improvements Pass resolution accepting feasibility study Hold Public Hearing on proposed improvements Resolution ordering construction of 2020 PMP Project and authorizing advertising for bids 01-21-20 Advertise for Bids Run notice of advertisement for bid Run notice of advertisement for bid 01-30-20 02-06-20 Bid Opening 02-20-20 Notice of Assessment Run legal ad for assessment hearing (1x) Mail notice of assessment hearing to property owners 03-05-20 03-12-20 Public Hearing for Assessments Hold Assessment Hearing Passes resolution adopting special assessments Award Construction Contract Authorize Professional Services 04-07-20 Estimated Assessment 2020 PMP Width 28’ 28’ 28’ 28’ Street Cost (26’) $3,350,000 $3,517,500 $3,685,000 $3,852,500 Overage Scenario 0 1.05% 1.10% 1.15% Incentive $ 40,000 $ 40,000 $ 40,000 $40,000 Add’l Road (2’) $205,000 $205,000 $205,000 $205,000 Total $3,595,000 $3,762,500 $3,930,000 $4,097,500 Assessment Rate 20% 20% 20% 20% Assessed $719,000 $752,500 $786,000 $819,500 Assessment $8360 $8750 $9140 $9529 Golden Valley City Council Meeting December 17, 2019 Agenda Item 6. C. Commitment for Carry Forwards for the 2019 General Fund Budget Prepared By Sue Virnig, Finance Director Summary Governmental Accounting Standards Board (GASB) #54 requires City Council to take action before year-end to commit fund balances as carry forwards for future budgets. The following budgets for the city website redesign, compensation study and fire study (future comprehensive buildings study) will be brought forward to the 2020 budget. Financial Or Budget Considerations The commitment of 2019 fund balance will allow those funds budgeted for certain projects to be financed in the 2020 Budget. Recommended Action Motion to adopt Resolution Committing Carry Forwards for the 2019 General Fund Budget to the 2020 Budget. Supporting Documents Resolution Committing Carry Forwards for the 2019 General Fund Budget to the 2020 Budget (1 page) RESOLUTION NO. 19-77 RESOLUTION COMMITTING CARRY FORWARDS OF THE 2019 GENERAL FUND BUDGET TO THE 2020 BUDGET WHEREAS, in 2019, the 2019 Budget was adopted on December 4, 2018 with Resolution 18-78, and amended on April 1 with Resolution 19-23, August 20, 2019 with Resolution 19-45, November 19 with Resolution 19-61; and WHEREAS, in 2011, Resolution 11-83 Adopting Fund Balance Year-End Classifications Policy in Accordance with Governmental Accounting Standards Board GASB) 54 that allows Commitments of Fund Balance to be assigned for specific purposes determined by formal action before year end; and WHEREAS, in 2019, $53,960 for redesign of the city website from the Manager’s budget (1030.6340) will be carry forward to the 2020 budget; and WHEREAS, in 2019, $23,000 for a compensation study from the Manager’s budget 1030.6340) will be carry forward to the 2020 budget; and WHEREAS, in 2019, $35,000 for a fire study from the Fire Department budget will be carry forward to the 2020 Transfer budget (for transfer) and transferred to the Building Capital Improvement Program to be combined with an additional $35,000 for a comprehensive study for city buildings. BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that following commitments will be carry forward to 2020: Division Managers (003) $76,960 Fire (023) $35,000 COMMITTED 2019 FUND BALANCE $111,960 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the Committed Carry forward of 2019 General Fund Budget is hereby given final approval. Adopted by the City Council of Golden Valley, Minnesota this 17th day of December, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk