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08-16-22 City Council Agenda REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex or by calling 1- 415-655-0001 and entering access code 2458 231 6024. Members of the public wishing to address the Council remotely have two options: • Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. • Via phone - Call 1-415-655-0001 and enter meeting code 2458 231 6024. Press *3 to raise your hand during public comment sections. 1. Call to Order A. Pledge of Allegiance and Land Acknowledgement Pages B. Roll Call C. Present Parks and Recreation Junior Leader Volunteers with Recognition of Service 3 D. Recognition of Chloride Reduction Leadership Award 4-5 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 Check Register 6 B. Licenses: 1. General Business License – New and Used Vehicle Sales Licenses 7 C. Bids, Quotes and Contracts: 1. Approve Purchase of Five Public Safety Utility Interceptors 8-13 2. Approve Professional Services Agreement with Racially Conscious Collaboration 14-23 3. Approve Updated Law Enforcement Services Agreement with Hennepin County Sheriff’s Office 24-32 4. Approve Contract with Belcom, Inc. for Investigative Services 33-39 August 16, 2022 – 6:30 pm Council Chambers Hybrid Meeting City of Golden Valley City Council Regular Meeting August 16, 2022 – 6:30 pm 2 D. Grants and Donations: 1. Approve Resolution No. 22-068 Accepting Donation of $2,000 From H&R Block and Nextdoor Through the Golden Valley One Good Deed Organization for the Tool Share Shed at the Golden Valley Community Garden at Medley Park 40-41 E. Receive and File June 2022 Quarterly Financial Reports 42-56 F. Approve Summary of Conclusion Regarding City Manager Performance Evaluation from Closed Executive Session on August 16, 2022 57 G. Approve Items Related to Central Park West, LLC: • Adopt Resolution No. 22-069 Approval of Plat – Central Park West PUD No. 121 Third Addition • Authorize the Mayor and City Manager to sign the PUD Permit for Central Park West PUD No. 121 Amendment #5, in a form acceptable to the City Attorney • Approve the Assumption of the Development Agreement, First Amendment to Development Agreement, and Consent to Exemption from Assumption for Central Park West PUD No. 121 58-76 4. Public Hearing A. Approve Ordinance No. 742 – Zoning Text Amendment - Regulation and Sale of Tetrahydrocannabinol Products 77-82 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Consideration of Ordinances Related to the Licensing and Fee Schedule for the Sale of Tetrahydrocannabinol Products • Second Consideration of Ordinance No. 741 Amending Chapter 16—Licensing to Add Article XIX. Tetrahydrocannabinol Products • Approve Resolution No. 22-070 Authorizing Summary Publication of Ordinance No. 741 • First Consideration of Ordinance No. 743 - Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments 83-108 B. Review of Council Calendar 109 C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Golden Valley City Council Meeting August 16, 2022 Agenda Item 1. C. Present Parks and Recreation Junior Leader Volunteers with recognition of service. Prepared By Maddy Champa, Recreation Coordinator John W. Stutzman, CPRP, Recreation Supervisor Summary Parks and Recreation’s Junior Leader Volunteer Program provides local youth, ages 14-15, an opportunity to retain their relationship with the City’s recreation programs as a volunteer while gaining valuable work experiences. Each volunteer being recognized applied for the position, participated in an interview, and completed a background check. Additionally, they completed two assigned shifts per week, for six weeks, where they led outdoor activities/game, assisted with programs set up/tear down, and provided direction for participants. Many thanks to the four 2022 Junior Leader Volunteers: Gabrielle Battles, Francis Garry-Skujins, Casper Smith, and Lynn-Clara Tun. Financial or Budget Considerations Not applicable Recommended Action Present Junior Leader Volunteers with Certificate of Recognition in appreciation of their service to the community. Supporting Documents None Golden Valley City Council Meeting August 16, 2022 Agenda Item 1. D. Recognition of Chloride Reduction Leadership Award Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary The City recently received the Chloride Reduction Leadership Award at the 2022 Salt Symposium, which is sponsored by the Minnesota Pollution Control Agency and Department of Natural Resources for its work reducing chloride use during snow and ice control operations and the impacts to local waterbodies. Staff has been able to reduce the amount of granular road salt applied during winter storms through training and education, equipment improvements, enhanced liquid additive products, better weather forecasting, and data collection and analysis. The City has decreased salt usage by 390 tons over the last two and a half years while maintaining the same level of service. This is a 20% reduction saving the City $28,840. Supporting Documents • Chloride Reduction Leadership Award (1 page) Golden Valley City Council Meeting August 16, 2022 Agenda Item 3.A. 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/WebLink/Browse.aspx?id=927129&dbid=0&repo=GoldenValley The check register(s) for approval: •08-09-22 Check Register Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. B. 1. Approve General Business License – New/Used Vehicle Dealers Prepared By Theresa Schyma, City Clerk Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the new/used vehicle dealer businesses that are due for renewal for the 2022-2023 license period. The following applicants have met the majority of the City Code requirements for the renewal of their licenses and staff is recommending approval contingent upon the completion of a successful review of all required forms and receipt of payment. License # New/Used Vehicle Dealer Address #13609 ABC Cars and Leasing LLC 1200 Mendelssohn Avenue #13603 Borton Volvo, Inc 905 Hampshire Avenue South #13607 Golden Valley TCA A, LLC 9393 Wayzata Boulevard #13606 Golden Valley TCA P, LLC 9595 Wayzata Boulevard #13615 Golden Valley TCA F, LLC 9191 Wayzata Boulevard #13612 Jaguar/Landrover Minneapolis 8905 Wayzata Boulevard #13604 Jim Lupient Buick GMC 7100 Wayzata Boulevard #13611 Jim Lupient Infiniti 7200 Wayzata Boulevard #13610 Morrie’s GV Cadillac LLC 7400 Wayzata Boulevard #13613 Morrie’s Luxury Auto LLC 7300 Wayzata Boulevard #13614 Northern Hospitality LLC 2420 Nevada Avenue North #13608 Poquet Auto Sales, Inc 800 Lilac Drive North #13605 Rudy Luther Toyota 8805 Wayzata Boulevard Financial Or Budget Considerations Fees received for license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. Recommended Action Motion to authorize the renewal of the above New/Used Vehicle Dealer Licenses for a period of September 1, 2022 through August 30, 2023. Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. C. 1. Approve Purchase of Five Public Safety Utility Interceptors Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Staff replaces city vehicles routinely to keep the fleet in good working condition and stabilize the budgetary impacts from year to year. Staff proposes to order five Explorers scheduled for 2023 to prevent delays due to supply chain issues. It is anticipated the city will not take delivery of the vehicles before the end of 2022. The existing vehicle being replaced may be reassigned to other departments with non-emergency response duties, such as, the Inspections or Engineering Departments. Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The 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 used to assess all vehicles and equipment scheduled for replacement. Below is a summary of the ratings: Vehicle Condition Index Qualifies for Replacement 23-27 Needs Immediate Consideration 28 and above Unit No. Year/Make/Model VCI 360 2017 Marked Ford Utility Interceptor 24 827 2014 Unmarked Ford Utility Interceptor 25 828 2015 Unmarked Ford Utility Interceptor 25 842 2018 Marked Ford Sedan Interceptor 28 843 2018 Marked Ford Utility Interceptor 32 Staff recommends purchasing the vehicles from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 158505. City Council Regular Meeting Executive Summary City of Golden Valley August 16, 2022 2 Financial Or Budget Considerations The 2022-2031 Vehicles and Equipment Capital Improvement Program includes $120,000 for Units 842 and 843 (V&E-001), $40,000 for Unit 360 (V&E-011), $40,000 for Unit 827 (V&E-192), and $40,000 for Unit 828 (V&E-193). Below is a summary of the proposed purchases: Unit No. Proposed Make/Model Purchase Price 360 Ford Utility Interceptor Hybrid $44,610.88 827 Ford Utility Interceptor Hybrid $45,106.88 828 Ford Utility Interceptor Hybrid $45,106.88 842 Ford Utility Interceptor EcoBoost $46,777.88 843 Ford Utility Interceptor EcoBoost $46,777.88 Additional funding will come from the sale of assets or reserves. Recommended Action Motion to approve purchase of five Public Safety Utility Interceptors from Tenvoorde Ford in the amount of $228,380.40. Supporting Documents • Ford Utility Interceptor Hybrid Quotes from Tenvoorde Ford (3 pages) • Ford Utility Interceptor EcoBoost Quote from Tenvoorde Ford (1 page) Assn. Ctr# 10084 TENVOORDE FORD, INC PO BOX 1045 ST CLOUD, MN 56302 Customer !City of Golden Valley Marshall Beu en Name Address City Phone 7800 Golden Valley R_o_a_d _____ _ Golden Valley 763-593-8085 MN ZIP 55427 IOUOTE Misc Date 8/10/2022 Order No. Contract No. 158505 ___9!¥._+------Descripf1_o_n ______ 2023 Police Interceptor AWD KBA S -Unit Price TOTAL 1 1 1 1 1 1 1 1 1 1 1 1 1 99W-H brid 1Added Factory Options iYZ-Oxford White 1 96 -Interior Charcoal Black 153 -License Plate Bracket 942 -Daytime Running Lamps 17T -Switchable Red/White Light in Cargo 51 P -Spot Lamp Prep Kit 87R -Rear View Camera in Rear Mirror 1 BD -Global Lock / Unlock Feature 55F -Remote Keyless Entry Key Fob 59E -Keyed Alike -1435x 85D -Front & Second Row carpet floor covering 55B-BUS H76P -Pre-Collision Assist ,_ �--Perimeter Anti-Theft Alarm ----'--_R_-Reverse Sensing System 1 16D -Badge Delete 1 61 B - OBD II SplitConnector 1 52T -Class Ill Trailer Tow Li ht Pkg 1 19K-H8 AGM Battery 1 60R -Noise Su ression Bonds I------+---------------�' -------- $42,754.88 $ $ $ $ $ $ $ $ 42.00 $ $ 47.00 $ $ 132.00 $ $ $ $ $ $ 320.00 $ $ 47.00 $ $ $ $ 512.00 $$ 136.00 $ $ 112.00 $ $ 259.00 $ $ __ -__ ...J $ $ 52.00 $ ______ _;$ $ $ 103.00 $ $ 94.00 $ ---$ --------1------...J $ ---'-------' $ $ -!-= 1! - -SubTotal 7 $ 42,754.88 42.00 47.00 132.00 320.00 47.00 512.00 136.00 112.00 259.00 52.00 103.00 94.00 44,610.88 City of Golden Valley 08-16-22 ______________ Shepard M. Harris, Mayor ______________ Timothy J. Cruikshank, City Manager TOTAL lL..c;..$_�4�4�,6�10�.8�8:...J NET30 Vehicle Pickup Location Tenvoorde Ford 185 Roosevelt Rd St. Cloud MN, Monday-Friday 8:00am-5:00pm 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 Please TENVOORDE FORD, INC PO BOX 1045 ST CLOUD, MN 56302 Customer lCity of Golden Valley Name Address City Phone Marshall Beu�_ 7800 Golden Valley Road Golden Valley 763-593-8085 MN ZIP 55427 Assn. Ctr# 10084 IOUOTE Misc Date 8/10/2022 Order No. Contract No. 158505 _9fy 1 Description 2023 Police Interceptor AWD K8A S 199W -Hybrid I Unit P_!"iC.!_--------'-$�4-2, 754.88 $TOTAL 1 42,754.88 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Added Factory Options E3 -Arizona Beige 65U -Interior Upgrade Pkg i 153 -License Plate Bracket143D -Dark Car Feature : 17T -Switchable Red/White Light in Cargo ;92R-Solar Tint Glass 164E -18" Painted Wheel 87R -Rear View Camera in Rear Mirror 18D -Global Lock/ Unlock Feature 55F -Remote Keyless Entry 59E -Keyed Alike -1435x 55B -BUS 76R -Reverse Sensing System 16D -Bad e Delete 61 B -OBD II S lit Connector 52T -Class Ill Trailer Tow Ligh_t _P_k�g ________ _ 19K -H8 AGM Battery SOR -NoiseSuppresion Bonds >-----+--- I----------- --------------- City of Golden Valley 08-16-22______________Shepard M. Harris, Mayor______________Timothy J. Cruikshank, City Manager INET 30 $ $ $ 367.00 $ $ $ $ 24.00 $ $ 47.00 $ $ 80.00 $ $ 447.00 $ $ $ $ $ $ 320.00 $ Ii 47.00 $512.00 $ 259.00 $ $ $ 52.00 $ $ $ $ 103.00 . $ $ -... �, -,.. $ I : $ $ $ $ Sub Total $ TOTAL I$ Vehicle Pickup Location Tenvoorde Ford 185 Roosevelt Rd St. Cloud MN, Monday-Friday 8:00am-5:00pm 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 367.00 24.00 47.00 80.00 447.00 320.00 47.00 512.00 259.00 52.00 103.00 94.00 45,106.88 45,106.881 Please Assn. Ctr# 10084 TENVOORDE FORD, INC PO BOX 1045 ST CLOUD, MN 56302 Customer !City of Golden Valley Name Address City Phone Marshall Beugen 7800 Golden Valley Road Golden Valley 763-593-8085 MN Q� _____________ D_e_sc�r�ip_ti_on1 2023 Police Interceptor AWD K8A S 1 f 99W -Hybrid Added Fac tory Option s JS -Iconic Silver Metallic 1 65U -Interior Upgrade Pkg 1 153 -License Plate Bracket 1 43D -Dark Car Feature 1 17T -Switchable Red/White Light in Cargo 1 92R -Solar Tint Glass 1 64E -18" Painted Wheel 1 87R -Rear View Camera in Rear Mirror 1 18D - Global Lock / Unlock Feature 1 55F -Remote Keyless Entry 1 59E -Keyed Alike -1435x 1 55B-BLIS 1 76R -Reverse Sensing System 1 16D -Bad e Delete 1 !61B-OBD II S litCo nnector1 :52T -Class Ill Trailer Tow Light Pkg __ 1 __ �11�9=K_-H8 AGM Battery 1 60R -Noise Suppres ion Bonds -1 -- --------'---�----- - City of Golden Valley 08-16-22 ______________Shepard M. Harris, Mayor ______________Timothy J. Cruikshank, City Manager -------- - - Misc Date 8/10/2022 Order No. ZIP 55427 Contract No. 158505 - -- -- -- - Unit Price $42,754.88 $ I: -- $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -� ' 367.00 24.00 47.00 80.00 447.00 320.00 47.00 512.00 259.00 52.00 -10 � 94.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 7i _______ -_ ]$ ____ $ $ $ SubTotal $ ---- TOTAL 42,754.88 367�00 I 24.00 47.00 80.00 447.00 320 .00 47.00 512.00 259.00 52.00 103.00 94.00 45,106.88- TOTAL �$...__4�5,�10_6_.8_8� 7 Vehicle Pickup Location Tenvoorde Ford 185 Roosevelt Rd St. Cloud MN, Monday-F riday 8:00am-5:00pm Call Jade Aanenson 612-703-7789 Cell or Bob Aanenson 320-224-2808 Cell With Any Questions Please Tenvoorde Ford The World's Oldest Ford Dealership TENVOORDE FORD, INC PO BOX 1045 ST CLOUD, MN 56302 Customer !City of Golden Valley Name Marshall Beu en Address T800 Golden Valle RoadCity Goicfen Valley ____MN Phone 763-593-8085 - Qty T Descri tion ,--�2�____,:�2 -02-3�P�olice Interceptor AWD K8 A S2 199C -3.0L V6 Eco;Added Factory Options 2 UM -Agate Black 2 96 -Interior Charcoal Black 2 153 -License Plate Bracket 2 43D -Dark Car Feature 2 51W -Spot Lamp Prep Kit 2 76D -Underbody Deflector Plate 2 87R -Rear View Camera in Rear Mirror 2 19V -Rear Carner on Demand 2 52P -Hidden Door -Lock Plunger 2 18D -Global Lock / Unlock Feature 2 55F -Remote Keyless Entry Key Fob 2 59E -Keyed Alike -1435x 2 55B -BUS 2 68B -Police Perimeter Alert 2 76R -Reverse Sensing S stem 2 61 B -OBD II Split Connector 2 52T -Class Ill Trailer Tow Ligh!_?kg 2 19K -H8 AGM Batte ZIP 55427 -�2c-__ 6�0=R_--c-N_o_ise Sup�--_n-c-dc-sc--=-----,--=-->---2 ___ 6_8E_-Low Band Noise S_LJJ)r:iresion Kit _________ _ - Assn. Ctr# 10084 IOUOTE Misc Date Order No. 8/10/2022 --,Contract No. 158505 Unit Price $42,709.88 $ $ 893.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 24.00 $ 264.00 $ 315.00 $ $ 217.00 $ 150.00 $ $ 320.00 $ 47.00 $ 512.00 $ 635.00 $ 259.00 $ 52.00 $ $ 103.00 $ 94.00 $ 183.00 $ J: TOTAL I 85,419.76 1,786.00 48.00 528.00 630.00 434.00 300.00 640.00 94.00 1,024.00 1,270.00 518.00 104.00 206.00 188.00 366.00 $ $ $ ------------+-!$$�_ --_J Sub Total 46,777.88 City of Golden Valley 08-16-22 ______________Shepard M. Harris, Mayor ______________Timothy J. Cruikshank, City Manager TOTAL k._$'---'-93-'-,5_5_5._76_,j NET 30 Vehicle Pickup Location Tenvoorde Ford 185 Roosevelt Rd St. Cloud MN, Monday-Friday 8:00am-5:00pm 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 Please Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. C. 2. Approve Contract with Racially Conscious Collaboration Prepared By Kiarra Zackery, Equity and Inclusion Manager Kirsten Santelices, Deputy City Manager/Human Resources Director Summary At its April 12, 2022, work session, staff met with the City Council to discuss unassigned fund balance and reviewed a proposal to fund City-wide diversity, equity, and inclusion training. Staff provided a recommendation that the City staff continue training with the organization Racially Conscious Collaboration (RCC). Since that time staff have worked with RCC to lay out a proposal that meets the needs of the City. The current proposal includes several trainings from fall 2022 to spring of 2023, which includes: a full day RCC Foundations training for all FT/Reg staff); full-day leadership trainings through the RCCL platform for all first-line supervisors; full-day City Council training through their RCCB platform; and a virtual training option for POC FF called Starting Racially Conscious Collaboration. All training programs focus on assessing equity understanding, building competency, and preparing individuals for systems change that reflects racial consciousness. Staff will continue to monitor the training and development and create new opportunities for full-time, part-time, variable hour, and seasonal staff members. Financial Or Budget Considerations The cost of services is absorbed within the City’s 2022 budget. Recommended Action Motion to Approve Professional Services Agreement with Racially Conscious Collaboration in the form approved by the City Attorney in the amount of $74,000. Supporting Documents • Professional Services Agreement for Equity Training with Racially Conscious Collaboration PROFESSIONAL SERVICES AGREEMENT THE PROFESSIONAL SERVICES AGREMEENT (this “Agreement”) is entered into as of 06/28/2022 (the “Effective Date”), by and between RACIALLY CONSCIOUS COLLABORATION LLC. A Minnesota Limited Liability Corporation and (City of Golden Valley)., a public organization in Minnesota (“Client”). NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1.Services. 1.1. Services. Racially Conscious Collaboration LLC will perform the professional services (the “Services”) and provide the deliverables (the “Deliverables”) in accordance with the requirements set forth in the applicable statement of work (the “Sta tement of Work”) set forth on Exhibit A, attached hereto and incorporated herein, which may be amended from time to time by the written agreement of the parties. Racially Conscious Collaboration LLC agrees to perform the Services and provide the Deliverables in a professional manner, in the time and manner requested by Client, and otherwise in accordance with this Agreement. 1.2. Third Party Contracts. Subject to Client’s prior written consent, Client authorizes Racially Conscious Collaboration to enter into contracts with third parties (“Authorized Contracts”) when such contracts are necessary for the completion of the Services and/or Deliverables. Client assumes full liability and responsibility for any expenditures resulting from such Authorized Contracts except to the extent such expenditures are the result of RACIALLY CONSCIOUS COLLABORATION LLC’s negligence or willful misconduct. Notwithstanding anything in this Agreement to the contrary, RACIALLY CONSCIOUS COLLABORATION LLC shall not be required to obtain Client’s prior written consent to contract with commercial venues or carriers on Client’s behalf, including, without limitation, hotels or airlines for RACIALLY CONSCIOUS COLLABORATION LLC travel, or with any vendors who render general services for RACIALLY CONSCIOUS COLLABORATION LLC in the ordinary course of business, including, without limitation, copy centers, couriers, delivery or messenger services, tape duplicating services, providers of satellite media tours and/or clip services; provided, that, such contracts are commercially reasonable and are negotiated in good faith. 1.3. Non-Exclusivity. Client acknowledges and agrees that RACIALLY CONSCIOUS COLLABORATION LLC will be providing services pursuant to this Agreement on a non-exclusive basis and may perform similar services from time to time for other clients. This Agreement shall not prevent RACIALLY CONSCIOUS COLLABORATION LLC from performing such similar services for such other clients. 2.Compensation. 2.1. Fees. Subject to the terms and conditions of this Agreement, Client will pay a total fee of $74,000 (“Fee”), payable within thirty (30) business days after receipt of a properly itemized invoice from RACIALLY CONSCIOUS COLLABORATION LLC pursuant to Section 2.3. 2.2. Expenses. Client shall reimburse RACIALLY CONSCIOUS COLLABORATION LLC for RACIALLY CONSCIOUS COLLABORATION LLC’s reasonable, actual, out-of-pocket expenditures incurred by RACIALLY CONSCIOUS COLLABORATION LLC in carrying out RACIALLY CONSCIOUS COLLABORATION LLC’s duties under this Agreement. Such reimbursement shall take place within thirty (30) business days after receipt of proper documentation of such expenses having been incurred by RACIALLY CONSCIOUS COLLABORATION LLC, provided that such expenses are preapproved by Client. 2.3. Billing. RACIALLY CONSCIOUS COLLABORATION LLC shall invoice Client promptly. Client agrees to pay RACIALLY CONSCIOUS COLLABORATION LLC within thirty (30) business days after receipt of RACIALLY CONSCIOUS COLLABORATION LLC’s properly itemized invoice, which will include any substantiating documentation for expenses incurred. Failure of Client to timely pay invoices after having been notified by RACIALLY CONSCIOUS COLLABORATION LLC of such failure may be considered a material breach of this Agreement if payment is not for thcoming within fifteen (15) business days after receipt of notification of such failure by Client from RACIALLY CONSCIOUS COLLABORATION LLC. 2.4. Late Payment Terms. If Client fails to make a payment of the invoice when due, RACIALLY CONSCIOUS COLLABORAT ION LLC may assess Client a late payment charge equal to one and one-half percent (1.5%) of the unpaid amount of such invoice for each month beyond the original payment due date during which such amount remains unpaid. In no event will the late fee charge d to Client hereunder exceed the maximum rate allowable under applicable law. In the event Client makes four (4) or more late payments un der this Agreement during a calendar year, RACIALLY CONSCIOUS COLLABORATION LLC reserves the right to change the requirements as to terms of payment under this Agreement or terminate this Agreement pursuant to Section 4.3. Should Client be in default with respect to payment under this Agreement, RACIALLY CONSCIOUS COLLABORATION LLC reserves the right to suspend some or all Services and/or Deliverables hereunder until arrangements satisfactory to RACIALLY CONSCIOUS COLLABORATION LLC are made. 2.5. Disputed Charge. In the event of any dispute with regard to an invoice or any portion thereof, Client shall: (a) notify RACIALLY CONSCIOUS COLLABORATION LLC in writing of the disputed amount prior to the due date of the invoice, and (b) specifically identify the reason for the dispute. Client reserves the right to withhold payment for any charges until such dispute is reso lved satisfactorily between the parties. Page 2 of 8 3.Relationship of Parties. 3.1. Independent Contractors. The parties acknowledge and agree that they are dealing with each other as independent contract ors. Neither this Agreement nor any terms and conditions contained in this Agreement may be construed to: (a) give any party the power to direct and control the day-to-day activities of any of the other; (b) create or constitute a partnership, joint venture, franchise, employment or agency relationship between or among the parties; or (c) allow any party to create or assume any obligation on behalf of the other party, not including such obligations related to completing the Services and/or Deliverables. 3.2. RACIALLY CONSCIOUS COLLABORATION LLC’s Taxes. RACIALLY CONSCIOUS COLLABORATION LLC shall be solely responsible for all withholding, self-employment, social security, or other federal, state or local taxes attributable to all compensation paid by Client under this Agreement, including but not limited to the Fee. RACIALLY CONSCIOUS COLLABORATION LLC shall be solely responsible for all workers’ compensation insurance premiums, if any. RACIALLY CONSCIOUS COLLABORATION LLC agrees to indemnify, defend and hold Client, as well as it s directors, officers, members, agents, and employees, harmless for all such taxes, charges and expenses. 4.Term and Termination. 4.1. Term. The term of this Agreement commences as of the Effective Date and will continue in full force and effect until the Services are performed and the Deliverables provided pursuant to the terms contained in Exhibit A, unless earlier terminated pursuant to the terms herein (the “Term”). 4.2. Termination Without Cause. This Agreement or any Statement of Work may be terminated by either party without cause after providing the other party thirty (30) days’ prior written notice (“Notice Period”). 4.3. Termination With Cause. Either party may terminate this Agreement or any Statement of Work for material breach or d efault of the other party on thirty (30) days’ prior written notice to the breaching party. If within the thirty (30) day period the br eaching party does not cure the material breach or default, or commence the cure of such material breach or default for i tems that are not curable within the thirty (30) day time frame, this Agreement will automatically terminate at the end of that period. 4.4. Client’s Post-Termination Obligations. Upon termination of this Agreement by RACIALLY CONSCIOUS COLLABORATION LLC in accordance with Section 4.3, Client shall be liable for the following obligations: (a) reimbursing RACIALLY CONSCIOUS COLLABORATION LLC for reimbursable expenses incurred prior to the notice of termination; (b) assuming RACIALLY CONSCIOUS COLLABORATION LLC’s liability for all Authorized Contracts and commitments RACIALLY CONSCIOUS COLLABORATION LLC is unable to cancel; and (c) reimbursing RACIALLY CONSCIOUS COLLABORATION LLC for any cancellation or other penalties incurred under the Authorized Contracts. This Section 4.4 shall not apply if this Agreement is terminated by Client in accordance with Section 4.3. 4.5 Cancellation. Client may cancel and reschedule any Seminar(s) by sending written notice (“Notice of Cancellation”) to RACIALLY CONSCIOUS COLLABORATION LLC by electronic mail addressed to: RACIALLY CONSCIOUS COLLABORATION LLC Manager/Contact as referenced in Exhibit A, Statement of Work, in advance of any such Seminar. In the event of a cancellation under this Section 4.5, Client shall pay to RACIALLY CONSCIOUS COLLABORATION LLC the cancellation fee (“Cancellation Fee”) set forth in Section 4.5.1 and reimburse RACIALLY CONSCIOUS COLLABORATION LLC for reimbursable expenses approved by Client under Section 2.2 of this Agreement if RACIALLY CONSCIOUS COLLABORATION LLC is not able to cancel or avoid such expenses after receiving Client’s notice of Cancellation. 4.5.1 Cancellation Fees. Client shall pay to RACIALLY CONSCIOUS COLLABORATION LLC a Cancellation Fee as follows: (i) if Client’s Notice of Cancellation is received by RACIALLY CONSCIOUS COLLABORATION LLC within fourteen (14) calendar days before the planned Seminar, RACIALLY CONSCIOUS COLLABORATION LLC is entitled to 100% of the Fee associated with such Seminar; (ii) if Client’s Notice of Cancellation is received by RACIALLY CONSCIOUS COLLABORATION LLC between fifteen (15) calendar days and thirty (30) calendar days before a planned Seminar, then RACIALLY CONSCIOUS COLLABORATION LLC is entitled to 75%% of the Fee associated with such Seminar, and (iii) if Client’s Notice of Cancellation is received by RACIALLY CONSCIOUS COLLABORATION LLC more than thirty (30) calendar days before a planned Seminar, RACIALLY CONSCIOUS COLLABORATION LLC is not entitled to receive a Cancellation Fee. 4.5.2 Consequences of Cancellation. As part of Client’s Notice of Cancellation, Client may request that any cancelled Seminar(s) be rescheduled and the Parties will work together, in good faith, to reschedule such cancelled Seminar(s). 5. Intellectual Property Rights and Trademarks. RACIALLY CONSCIOUS COLLABORATION LLC (and its licensors as applicable) shall retain full and sole title, copyright, patent, trademark and other proprietary rights in its Services, Deliverables and /or training protocols (for the purposes of this Section 5, collectively referred to as the “Training Protocols”), the underlying documents and materials, including user manuals, PowerPoint presentations, handouts, and any backup or archival copies of the aforementioned provided to Client by RACIALLY CONSCIOUS COLLABORATION LLC and any modifications or translations thereof, “Racially Conscious Collaboration (, Inc.,” “Racially Conscious Collaboration (,” “RACIALLY CONSCIOU S COLLABORATION LLC,” and “Racially Conscious Collaboration (,” and any other trad emarks, service marks, know-how and other proprietary property adopted by RACIALLY CONSCIOUS COLLABORATION LLC to identify the Training Protocols and other RACIALLY CONSCIOUS COLLABORATION LLC products and services (collectively, referred to as the “RACIALLY CONSCIOUS COLLABORATION LLC IP”). Client shall not have any rights in or to the RACIALLY CONSCIOUS COLLABORATION LLC IP, and Client shall not use the RACIALLY CONSCIOUS COLLABORATION LLC IP in any way other than as specifically allowed for under this Agreement, or as required under applicable law. Client agrees not to cause or permit the Page 3 of 8 reverse creation or recompilation of the RACIALLY CONSCIOUS COLLABORATION LLC IP. Client shall not market any of the RACIALLY CONSCIOUS COLLABORATION LLC IP in any way which implies that they are the proprietary product of Client or of any party other than RACIALLY CONSCIOUS COLLABORATION LLC (and its licensors as applicable). Client shall take all reasonable steps to ensure that its employees, agents, contractors and clients are aware of and comply with the foregoing. RACIALLY CONSCIOUS COLLABORATION LLC IP includes, but is not limited to, the following: 1. Board Racially Conscious Collaboration (RCCB) 2. Foundations of Racially Conscious Collaboration 3. Foundations of Racially Conscious Collaboration 2 4. Foundations of Racially Conscious Collaboration 3 5. Executive Coaching for Racially Conscious Collaboration 6. Leadership Coaching for Racially Conscious Collaboration 7. Life Coaching for Racially Conscious Collaboration 8. Executive Racially Conscious Collaboration (RCCE) 9. Leadership of Racially Conscious Collaboration (RCCL) 10.Deep Implementation of Racially Conscious Collaboration (RCCD) 11. Racially Conscious Collaboration 12. Racially Conscious Collaboration Community (RCCC) 13.Attend to Emotion (of Racially Conscious Collaboration) 14.Three Stages (of Racially Conscious Collaboration) 15. Racially Conscious Collaboration Collaborator™ Certification 16. Racially Conscious Collaboration Measurement and Assessment 17. Racially Conscious Collaboration for Therapist Client shall not use any RACIALLY CONSCIOUS COLLABORATION LLC trademark or any other mark likely to cause confusion with a RACIALLY CONSCIOUS COLLABORATION LLC trademark as any portion of Client’s tradename or trademark for any other products of Client. Client shall have the right to use RACIALLY CONSCIOUS COLLABORATION LLC trademarks solely to refer to RACIALLY CONSCIOUS COLLABORATION LLC’s Programs, products and services. Client shall keep visible all RACIALLY CONSCIOUS COLLABORATION LLC copyright notices and other such marks on the Training Protocols (and user manuals). Client agrees with respect to each registered trademark of RACIALLY CONSCIOUS COLLABORATION LLC, to include in each advertisement, brochure, or other such use of the trademark, the symbol “TM” and the following statement: “RACIALLY CONSCIOUS COLLABORATION” is a trademark of Racially Conscious Collaboration LLC. If any obligation under this Section 5 is breached, then, in addition to other rights RACIALLY CONSCIOUS COLLABORATION LLC may have under this Agreement, RACIALLY CONSCIOUS COLLABORATION LLC shall be entitled to seek performance and temporary or permanent injunctive relief, as well as any other remedies available at law or in equity. 6.Client Obligations. Client shall be responsible for: (a) the accuracy, complet eness and propriety of information concerning Client’s organization, products, and services, whether provided to RACIALLY CONSCIOUS COLLABORATION LLC by Client or by a third party authorized by Client; (b) the accuracy, completeness and propriety of any id eas or directions, whether provided to RACIALLY CONSCIOUS COLLABORATION LLC by Client or by a third party authorized by Client; (c) rights, licenses and permissions to use materials furnished to RACIALLY CONSCIOUS COLLABORATION LLC by Client or by a third party on Client’s behalf; and (d)Client’s compliance with all laws and regulations applicable to Client’s business. 7.Non-Circumvention. Client agrees that it will not use RACIALLY CONSCIOUS COLLABORATION LLC IP to circumvent the terms of this Agreement in order to create its own program or enter into a related transaction with a third party. 8.Indemnification. 8.1. RACIALLY CONSCIOUS COLLABORATION LLC’s Indemnification of Client. RACIALLY CONSCIOUS COLLABORATION LLC shall indemnify, defend and hold harmless Client and its parent, subsidiaries and affiliates and their respective directors, employees, officers, members and agents from and against any and all Losses resulting from any claims, allegations, actions, suits, or proceedings made against Client by any third party, including any governmental entity, which arise out of or relate to any third party claims or actions based on RACIALLY CONSCIOUS COLLABORATION LLC’s negligence or willful misconduct in performing its obligations under this Agreement, including, but not limited to those arising from or relating to any claim or allegation that the Services and/or Deliverables infringe any patent, copyright, trademark or other proprietary right, or misappropriate any trade secret, of any third party. Page 4 of 8 8.3. Commencement of An Action. Upon the assertion of any claim or the commencement of any suit or proceeding by a third party against either party (the “Indemnitee”) that may give rise to liability of the other party (the “Indemnitor”) hereunder, the Indemnitee shall notify the Indemnitor of the existence of such claim and shall give the Indemnitor reasonable opportunity to defend and/or settle the claim at its own expense and with counsel of its own selection. The Indemnitee shall at all times have the right fully to participate in such defense at its own expense and shall not be obligated, against its consent, to participate in any settlement which it reasonably believes would have an adverse effect on its business. The Indemnitee shall make available to the Indemnitor all books and records relating to the claim, and the parties agree to render to each other such assistance as may reasonably be requested in order to insure a proper and adequate defense. 9.Limitation of Liability. EXCEPT FOR DAMAGES ARISING FROM ANY BREACH OF AND/OR OBLIGATIONS ARISING UNDER SECTION 8 (INDEMNIFICATION), RACIALLY CONSCIOUS COLLABORATION LLC SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF RACIALLY CONSCIOUS COLLABORATION LLC KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THE LIMITATIONS SET FORTH IN THIS SECTION 9 SHALL NOT APPLY TO ANY AMOUNTS DUE UNDER THIS AGREEMENT. 10.Publicity. RACIALLY CONSCIOUS COLLABORATION LLC may not utilize any materials prepared in connection with the services rendered under this Agreement for the purpose of promotion without the prior written consent of Client. This includes, but is not limited to use in press releases, brochures, or award submissions. Furthermore, RACIALLY CONSCIOUS COLLABORATION LLC may not use the Client’s name, mascot or logo without the prior written consent of Client. 11.General Terms. 11.1. Insurance. Each party shall maintain, at its sole cost and expense, policies of self-insurance or insurance providing adequate coverage for each party’s general liability and professional liability, as may be necessary to protect each party or its employees, agents, or representatives in the discharge of its or their responsibilities and obligations under this Agreement. 11.2. Force Majeure. If either party fails, refuses or is unable to comply, either totally or in part, with any of the terms or provisions of this Agreement by reason of any governmental law, ordinance, order or regulation or by reason of fire, flood, earthquake, accident, act of God or public enemy or by reason of any other cause, thing or occurrence of the same or any other nature not within such party’s control (“Force Majeure”), then the Agreement shall be suspended for a period equal to the duration of the occurrence of any events of Force Majeure without additional payment during such suspension. The affected party shall promptly notify the other party of such Force Majeure condition, setting forth the nature of the occurrence, its expected duration and how such party’s performance is affected. No suspension shall relieve the party of such party’s obligation to comply with the terms of this Agreement, except during the continuance of a Force Majeure. Any such suspension shall end promptly after the cause of such suspension ceases, and all time periods and dates hereunder shall be extended by a period equal to the period of such suspension. 11.3. Dispute Resolution & Governing Law. This Agreement shall be governed by the laws of Minnesota. In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability of thereof shall not affect the remainder of this Agreement, which shall remain in full force and affect enforceable in accordance with its terms. Any disputes arising out of or pursuant to the terms of this Agreement shall be resolved in the state or Federal courts of Hennepin County, Minnesota. 11.4. Remedies Cumulative. Unless expressly stated otherwise, all the remedies under this Agreement, at law or in equity, are cumulative and shall not exclude any other remedies to which any party may be lawfully entitled. 11.5. Rules of Construction. This Agreement has been negotiated by the parties and thei r respective counsel and will be fairly interpreted in accordance with its terms and conditions pursuant to the governing law selected by the parties pursuant to Section 11.3 without application of any rules of construction relating to which party drafted this Agreement in favor of, or against, either party. In the event of any conflict between this Agreement and a Statement of Work, this Agreement will control unless the Statement of Work expressly refers to the parties’ intent to alter the terms of this Agreement with respect to that Statement of Work. 11.6. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of both parties. Nor shall a one-time waiver of a single provision constitute a permanent waiver of that party’s rights under said provision. 11.7. Successors and Assigns. This Agreement binds and inures to the benefit of the parties to this Agreement and to their respective successors and assigns. 11.8. Notice. All notices hereunder shall be in writing and be deemed given upon written verification of receipt from express overnight/next day courier (Federal Express Priority Mail or its equivalent). All notices shall be sent to: Page 5 of 8 RACIALLY CONSCIOUS COLLABORATION LLC: With copy to: Tony Hudson The Law Firm of Sellano L. Simmons, PLLC President & Founder 503 D Street NW, Suite 300 Racially Conscious Collaboration LLC Washington, DC 20001 4158 Sheridan Avenue North Minneapolis, MN 55412 Client: CITY OF GOLDEN VALLEY Attn: Kiarra Zackery, Equity and Inclusion Manager 7800 Golden Valley Road Golden Valley, MN 55427 Notwithstanding the foregoing, it is understood and agreed by the parties that (a) approval to incur expenses may be provided to RACIALLY CONSCIOUS COLLABORATION LLC by Client via e-mail and (b) approval to release Deliverables contemplated for release and prepared in connection with the Services may be provided via e-mail. A party may change its address for notices by written notice given pursuant to this Section 11.8. 11.11. No Assignment/Subcontracting. Except to the extent expressly permitted by this Agreement, neither party may assign, transfer or subcontract any part of its interests or obligations under this Agreement without the express written consent of the other party. 11.12. Entire Agreement. This Agreement, including any Exhibits attached hereto, constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and, except to the extent otherwise contemplated by this Agreement, supersedes all previous oral and written agreements, proposals, negotiations, representations, commitments, and other communications among the parties with respect to its subject matter. This Agreement may only be modified in a writing signed by the parties hereto. 11.13. Severability. In the event that any portion of this Agreement is held to be illegal or otherwise unenforceable, such portion shall be severed or construed as nearly as possible to reflect the original intent of the parties, and the balance of the Agreement shall continue in full force and effect. 11.14. Counterparts. The parties may execute this Agreement in counterparts each of which shall be deemed an original and all of which taken together shall constitute one instrument. Any signed counterpart delivered as a PDF or other electronic copies or by facsimile shall be deemed for all purposes to constitute such party’s good and valid execution and delivery of this Agreement. 11.15. Survival. The rights and obligations of this Agreement, which by their nature are intended to survive expiration or termination shall survive, including but not limited to: Sections 4 through 11 (including all of the subsections) of this Agreement. 11.16. Non-Discrimination. RACIALLY CONSCIOUS COLLABORATION LLC and Client agree that no person shall be excluded from participation in the services and total access to the services provided under this Agreement on the grounds of sex, color, religion, race, national origin, non-disqualifying disability or due to membership in any other class protected by law. 11.17. Confidentiality and Non-Disclosure. RACIALLY CONSCIOUS COLLABORATION LLC shall treat information obtained through the performance of this Agreement in a confidential manner and shall not disclose such information to any third party unless required to do so by law or authorized in writing by Client. 11.18Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Racially Conscious Collaborators LLC agrees that the books, records, documents, and accounting procedures and practices of Racially Conscious Collaborators LLC, 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. Racially Conscious Collaborators LLC 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. 11.19 Data Practices Act Compliance. Any and all data provided to Racially Conscious Collaborators LLC, received from Racially Conscious Collaborators LLC, created, collected, received, stored, used, maintained, or disseminated by Racially Conscious Collaborators LLC 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 (the “MGDPA”). Racially Conscious Collaborators LLC agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Racially Conscious Collaborators LLC 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 shall survive the termination or completion of this Agreement. 11.20. Confidentiality. Racially Conscious Collaborators LLC understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Racially Conscious Collaborators LLC may come into contact with Confidential Information. Racially Conscious Collaborators LLC understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Racially Conscious Collaborators LLC agrees as follows: During the term of this Agreement and after the termination of Racially Conscious Collaborators LLC's relationship with the City: (a) Racially Conscious Collaborators LLC will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Racially Conscious Collaborators LLC will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Racially Conscious Collaborators LLC's relationship with the City, Racially Conscious Collaborators LLC will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. If Racially Conscious Collaborators LLC breaches or threatens to breach any provisions of paragraph 18.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. Racially Conscious Collaborators LLC. 11.21. No Discrimination. Racially Conscious Collaborators LLC 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. Racially Conscious Collaborators LLC agrees to comply with the 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. Racially Conscious Collaborators LLC agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Racially Conscious Collaborators LLC or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Racially Conscious Collaborators LLC shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Racially Conscious Collaborators LLC agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. Page 6 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative as of the Effective Date. RACIALLY CONSCIOUS COLLABORATION LLC: RACIALLY CONSCIOUS COLLABORATION LLC, a Minnesota LLC Name: Tony Hudson Date Title: President & Founder 08-16-22 Timothy J. Cruikshank, City Manager __________________________________ Shepard M. Harris, Mayor CITY OF GOLDEN VALLEY 08-16-22 Page 7 of 8 Exhibit A – Statement of Work EXHIBIT A STATEMENT OF WORK 1. Description of Deliverables and Services to be Developed and the Specifications. a.Time and Location of the Work August, 2022 – December, 2022, virtually and at a location secured by Client b.Listing and Description of Deliverables and Services See appendix 1, 2022 Equity Professional Development Schedule c.Anticipated Individuals Who Will Perform Services Tony Hudson, Courtlandt Butts, Shaundra Brown, Devrae Hudson, Roselyn Braxton, KayeAnn Mason d.Specific Objectives to be Accomplished Racially Conscious Collaboration ( (RACIALLY CONSCIOUS COLLABORATION LLC) will provide the above professional development, coaching, and consulting services to the CITY OF GOLDEN VALLEY during the 2022 organization year for the purpose of developing and accelerating the organization’s capacity to engage in systemic equity transformation and eliminate racial disparities in the CITY OF GOLDEN VALLEY. Page 8 of 8 Appendix 1 2022 Equity Professional Development Schedule Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. C. 3. Approve Updated Law Enforcement Services Agreement with Hennepin County Sheriff’s Office Prepared By Alice White, Assistant Police Chief Summary Based on projected staffing levels over the next several months, the Police Department may be unable to staff patrol shifts at fully operational levels. Therefore, Police Department command staff recommend contracting with the Hennepin County Sheriff’s Office for assistance filling open shifts. The contract does not guarantee services from the Sheriff’s office. The intent is to make open shifts available to Sheriff’s Office staff. The contract has some updates since it was previously presented to Council on June 7. Recruitment is ongoing but staffing levels are at a critical point and need to be made a priority. Financial Or Budget Considerations The rates are listed in Attachment A of the agreement. The rates are comparable to those paid to Golden Valley Police Officers. The rates have been updated. Recommended Action Motion to approve Law Enforcement Services Agreement with Hennepin County Sheriff’s Office in the form approved by the City Attorney. Supporting Documents • Updated Law Enforcement Services Agreement with Hennepin County Sheriff’s Office (9 pages) 1 Contract No: A2211335 LAW ENFORCEMENT SERVICES AGREEMENT This Law Enforcement Services Agreement (this “Agreement”) is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA (the “COUNTY”), A‐2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Sheriff’s Office (“HCSO”), and the City of Golden Valley (“CITY”), 7800 Golden Valley Road, Golden Valley, Minnesota 55427. Pursuant to the foregoing, the parties agree as follows: 1. TERM COUNTY shall provide Services (as defined herein) commencing August 19, 2022, and ending at midnight on December 31, 2023, unless terminated sooner pursuant to the provisions herein. 2. SERVICES AND OBLIGATIONS Pursuant to the terms herein, COUNTY, by and through HCSO, shall exercise best efforts to assign law enforcement personnel (“Deputies”) to provide law enforcement and related services for CITY in and around the geographical boundaries of the City of Golden Valley as more fully described in Attachment A (“Rates for Services”). Services shall encompass only those duties and functions that are within the jurisdiction of and customarily rendered by HCSO in accordance with applicable law, including but not limited to enforcement, investigation, emergency response, duties authorized by law, proactive patrol, response to calls for public safety services, crime prevention, investigation of criminal activity, assistance with local and state prosecutions, and other agreed upon duties. Unless the parties otherwise agree, COUNTY shall not be obligated to perform more than twenty‐four (24) actual hours of Services per day. However, upon CITY’s request or as HCSO determines necessary to keep the peace and/or fulfill its obligations hereunder, HCSO may performs Services in excess of twenty‐four (24) hours per day. As long as said additional Services are within the scope of Services, the additional services shall be a non‐material modification to this Agreement not requiring an amendment so long as the additional Services do not alter the character of the Services contemplated herein. To the extent Services include enforcement of the regulatory ordinances duly adopted by the governing body of the CITY, CITY will provide HCSO with a sufficient number of complete and current copies of said regulatory ordinances. HCSO and its assigned Deputies shall work collaboratively with CITY law enforcement personnel. However, the parties expressly acknowledge and agree that HCSO is not responsible for command or control of any CITY personnel, including but not limited to CITY law enforcement personnel. 2 CITY shall provide radio equipment and dispatching necessary for communications between Deputies and CITY law enforcement personnel. HCSO shall be solely responsible for identifying and supplying Deputies with equipment and supplies necessary to perform Services, including, as HCSO deems appropriate, a seasonally appropriate patrol uniform of the day, service belts, HCSO radio equipment, service weapon, personal soft ballistic body armor, and traffic vests. Deputies shall perform Services and related law enforcement activity, including detention, arrest, and documentation in accordance with HCSO’s operating standards, policies, and procedures as well as applicable law. Unless the parties otherwise agree, HCSO shall be solely responsible for and shall arrange transport and/or booking of any arrested/detained individuals which may include transportation to, and supervision during, necessary medical treatment. For clarification and not limitation, nothing herein is intended to nor shall be construed as modifying, altering, waiving, releasing or otherwise affecting in any manner whatsoever any duties or obligations imposed by HCSO’s standards, policies, and procedures or by applicable law. HCSO shall be solely responsible for the selection and assignment of Deputies and other personnel to perform the Services. The parties acknowledge and agree that resource availability requires HCSO to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, performing the Services. That prioritization decision belongs solely to HCSO. HCSO may, at any time, recall Deputies when it is considered to be in COUNTY’s best interest to do so. HCSO shall be exclusively responsible for deputy performance standards, the discipline of Deputies, and other matters incidental to the performance of Services including the right to control assigned Deputies. CITY shall refer concerns about assigned Deputies, including instances of alleged misconduct or other disciplinary matters, to Major Dan Kurtz, Sheriff’s Administration, for investigations, referral, or other appropriate actions. HCSO will retain sole authority and responsibility for discipline of Deputies. In the event of any actual or alleged unusual incidents, emergencies, and/or controversial situations which arise in relation hereto, each party shall immediately report such incidents to the other party and shall immediately cooperate, collaborate, and coordinate with the other party to investigate, remedy and/or respond to the same. For purpose of this paragraph "unusual incident, emergency, or controversial situations" include but are not limited to any actual or alleged assault, sexual assault/misconduct, excessive force, or other act of violence, by a party, a party's personnel or agent(s), a prisoner, or any third party, any escape or attempted escape of a prisoner or any other breach of security, any excessive delay in the transportation of a prisoner, and any refusal of any party to release a prisoner as authorized or directed by applicable law. For clarification and not limitation of the provisions herein, including the Promotional Materials obligations below, the parties shall cooperate, collaborate, and coordinate any outward facing communications regarding any unusual incident, emergency, or controversial situation. CITY shall at its sole expense supply any special stationary, supplies, notices or forms 3 which are to be issued by HCSO in the name of the CITY in connection with the Services. HCSO shall provide Services from HCSO owned, operated, or accessible facilities. However, CITY may, in its sole discretion, elect to provide one or more alternative/additional facilities for use by HCSO, including but not limited to providing necessary space, furnishings, utilities and other equipment and services necessary and directly incidental to the existence and operation of said facility. If such facility is established by the CITY and maintained within the geographic limits of the CITY, such facility may be utilized by the HCSO in connection with the performance of HCSO’s duties and functions beyond performing Services, including law enforcement and other related legal obligations beyond the geographic limits of the CITY, provided, however, that the performance of such duties and functions shall not be at any additional cost to the CITY. 3. PAYMENT FOR SERVICES COUNTY shall invoice and CITY shall pay COUNTY for each hour of Services actually performed hereunder at the rates set forth in Attachment A, subject to the following adjustment for over‐time: • hours of Services which exceed eight (8) hours per day for an individual Deputy or eighty (80) hours per payroll period for an individual Deputy shall be overtime and compensated at the hourly rate set forth on Attachment A; and • the foregoing calculations of hours to determine overtime include all hours of performance for COUNTY by each specific deputy – not only hours of Services performed hereunder. CITY shall pay invoiced amounts within thirty (30) days from receipt of the invoice. 4. NO AGENCY RELATIONSHIP The parties agree that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co‐partners between the parties hereto or as constituting either party as an agent, representative, or employee of the other for any purposes or in any manner whatsoever. Each party is to be and shall remain an independent contractor with respect to all Services performed under this Agreement. 5. INDEMNIFICATION AND LIMITATION OF LIABILITY Except for liability, claims, injury, damages, costs or expenses resulting from COUNTY’s intentional, willful or wanton acts, CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees, including but not limited to individual Deputies to the extent they are individually/personally named in any action, from any liability, claims, injury, damages, costs, or expenses, including reasonable attorney’s fees, resulting (i) directly from COUNTY’s performance of Services, including but not limited to claims under state or 4 federal law, including but not limited to 42 U.S.C. §1983, Monell claims, attorney’s fees and costs under 42 U.S.C. § 1988, to the extent arising out of, in the course and scope of, and directly and proximately caused by the performance of Services under this Agreement; (ii) from any act or omission of CITY, CITY’s subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable, and (iii) against all loss by reason of the failure of CITY to perform any obligation under this Agreement. The parties expressly agree that, with respect to the resolution of any matter subject to CITY’s obligations under this Section 5, neither party will disparage nor attribute or stipulate to any liability, wrongdoing, negligence, etc., to the other party, without such other party’s express written consent. EXCEPT FOR LIABILITY, CLAIMS, INJURY, DAMAGES, COSTS OR EXPENSES RESULTING FROM COUNTY’S INTENTIONAL, WILLFUL OR WANTON ACTS, COUNTY WILL NOT BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORSEEABLE. Liability of the CITY and COUNTY shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, and other applicable laws. Notwithstanding the above, the CITY shall not be required to defend and indemnify the COUNTY if any individual Deputy fails to cooperate, collaborate, or coordinate with CITY personnel as required by this Agreement. 6. DATA PRACTICES Each party and its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Minnesota Health Records Act, Minnesota Statutes, §144.291 et seq., the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7. 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. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this 5 Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 8. DEFAULT AND CANCELLATION 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 the Agreement, it shall be in default. Unless said party’s default is excused in writing by the other party, said party may upon written notice immediately cancel or terminate this Agreement in its entirety. This Agreement may be canceled with or without cause by either party upon thirty (30) days’ written notice. Any remedies expressly set forth herein, including but not limited to the right to terminate this Agreement, shall be in addition to any other right or remedy available to the party under this Agreement, law, statute, rule, and/or equity. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES AND OBLIGATIONS; NO AGENCY RELATIONSHIP; INDEMNIFICATION AND LIMITATION OF LIABILITY; DATA PRACTICES; DEFAULT AND CANCELLATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 9. CONTRACT ADMINISTRATION Major Jeffrey Storms, 612‐596‐9870, or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CITY. Alice White, Assistant Chief of Police, City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, 763‐512‐2503, awhite@goldenvalleymn.gov, or successor, shall manage the agreement on behalf of the CITY and serve as liaison between the CITY and COUNTY. Either party may replace such person but shall immediately give written notice to the other party of the name, phone number and fax number (if available) of such substitute person and of any other subsequent substitute person. 10. COMPLIANCE WITH APPLICABLE LAW Each party shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. 11. 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 6 mail. Notices to the COUNTY shall be sent to the Hennepin County Administrator – A2300, Hennepin County Government Center, 300 South Sixth St, Minneapolis, Minnesota 55415 with a copy to HCSO at the address given in the opening paragraph of the Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of the Agreement. 12. MEDIA OUTREACH CITY shall notify HCSO, 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 HCSO, by and through the Lead Officer or their designee(s), 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 other forms of outreach created by, or on behalf of, CITY (i) that reference or otherwise use the term “Hennepin County”, the “Hennepin County Sheriff’s Office” or “Sheriff David [Dave] Hutchinson” 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 COUNTY personnel, including but not limited to COUNTY employees and elected officials. 13. 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. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 7 SIGNATURE AUTHORIZATION Reviewed for COUNTY by the County Attorney’s Office: By: ____________________________ Michael Bernard Date: __________________________ COUNTY OF HENNEPIN STATE OF MINNESOTA By:____________________________ Sheri Selton County Administration Clerk Date:__________________________ HENNEPIN COUNTY SHERIFF’S OFFICE By:___________________________ David J. Hough By: ____________________________ County Administrator Tracey Martin Chief Deputy Date:__________________________ Hennepin County Sheriff’s Office Date:___________________________ CITY OF GOLDEN VALLEY STATE OF MINNESOTA By: ___________________________ Timothy J. Cruikshank City Manager Date: 08‐16‐2022 By:___________________________ Shepard M. Harris Mayor Date: 08‐16‐2022 8 ATTACHMENT A RATES FOR SERVICES I. As further described in the Agreement, COUNTY personnel shall be paid the following hourly rate for each of Services performed hereunder: For Services performed between August 19, 2022 and December 31, 2022 and according to the provisions in the Agreement, the following rates shall apply: Regular Rate Overtime Rate 1) Sheriff’s Deputy ‐ $50.06/hour $75.09/hour 2) Sheriff’s Sergeant ‐ $61.55/hour $92.32/hour 3) Sheriff’s Lieutenant ‐ $68.32/hour $102.48/hour 4) Sheriff’s Captain ‐ $75.15/hour $112.73/hour For Services performed between January 1, 2023 and December 31, 2023 and according to the provisions in the Agreement, the following rates shall apply: Regular Rate Overtime Rate 1) Sheriff’s Deputy ‐ $51.56/hour $77.34/hour 2) Sheriff’s Sergeant ‐ $63.40/hour $95.09/hour 3) Sheriff’s Lieutenant ‐ $70.37/hour $105.55/hour 4) Sheriff’s Captain ‐ $77.40/hour $116.11/hour Notwithstanding the foregoing established rates, the parties expressly acknowledge and agree that COUNTY may adjust said rates, during the term of this Agreement, to reflect pro‐rata changes resulting from changes in collective bargaining or other applicable contracts. COUNTY shall give CITY written notice of any applicable adjustment in rates. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. C. 4. Approve Contract with Belcom, Inc. for Investigative Services Prepared By Terry Sleavin, Assistant Police Chief of Operations Summary City staff recommend entering into an agreement with an investigative services company called Belcom, Inc. Currently the City has one assigned investigator and one part-time detective sergeant (who also works Patrol). Staff recommends this contract to ensure the City does not reduce the quality or responsiveness of its investigative services. Belcom, Inc will assign non-sworn investigators to provide support services to the City’s sworn officers, under the direction of the detective sergeant. Financial Or Budget Considerations The financial impact will be absorbed within the Police department budget. Recommended Action Approve the contract with Belcom, Inc. Supporting Documents • Professional Services Agreement (6 pages) PROFESSIONAL SERVICES AGREEMENT FOR INVESTIGATION SERVICES THIS AGREEMENT is made this August 16, 2022 (“Effective Date”) by and between Belcom, Inc. a Minnesota corporation with its principal office located at 8011 34th Avenue S, Suite 242, Bloomington, MN 55425 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of providing investigatory services. B. The City desires to hire Contractor to provide investigatory services to support its police department. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with investigatory services outlined in Exhibit A attached hereto and incorporated herein (the “Services”). The parties may, by mutual written agreement amend the Services at any time. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Term. This Agreement shall remain in force and effect commencing from the effective date and continuing until terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant an hourly rate of $85 per hour for the Services. The consideration shall be for both the Services performed by Consultant and any expenses incurred by Consultant in performing the Services. Consultant shall submit statements to the City upon completion of the Services. The City shall pay Consultant within thirty (35) days after Consultant’s statements are submitted. 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 6. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, 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. Consultant 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. 7. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 8. Assignment and Subcontracting. Neither the City nor Consultant shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 9. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant 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. 10. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, all Golden Valley Police Department Policies, and all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 11. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 12. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 13. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 14. Conflict of Interest. Consultant 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, Consultant 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. 15. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 16. Agreement Not Exclusive. The City retains the right to hire other professional consultant service providers for this or other matters, in the City’s sole discretion. 17. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant 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 (the “MGDPA”). Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant 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 shall survive the termination or completion of this Agreement. 18. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 18.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; (c) Consultant will not save any Confidential Information on Consultant’s devices; and (d) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 18.2 If Consultant breaches or threatens to breach any provisions of paragraph 18.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 18.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 19. No Discrimination. Consultant 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. Consultant agrees to comply with the 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. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 20. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 21. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit, or affect the scope and intent of this Agreement. 22. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 23. 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. 24. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 25. Counterparts and Electronic Signatures. 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. 26. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CONSULTANT CITY OF GOLDEN VALLEY: By: _________________________________ Doug Belton, [General Manager] By: _________________________________ Shepard M. Harris, Mayor By:_________________________________ Timothy J. Cruikshank, City Manager Exhibit A Scope of Work Duties and Responsibilities • Provide investigation duties on cases as assigned by GVPD. • Review written reports prepared by Police Employees, Prosecutors, Crime lab and various other law enforcement agencies. • Produce, maintain and complete accurate/concise written investigative reports. • Update and communicate with the supervisor assigned to the investigative unit. • Follow up on assigned cases in a reasonable amount of time. • Prioritize reports and investigations. • Prepare search warrants and subpoenas in coordination with a licensed Peace Officer. • Assist investigations employees in preparing search warrants, subpoenas and reports. • Conduct telephone and in-person interviews with suspects, victims, witnesses, and others. • Work with City and County prosecutors to provide information required to pursue prosecution • Collaborate with other city, county, state and federal law enforcement agencies and personnel to complete investigations across jurisdictions as needed. • Collaborate with the Crime Analyst to complete appropriate searches. • Attend required trainings as directed by Police Department command staff. • Review cold cases as assigned. Additional Parameters • Body camera and recording interviews or interrogations shall be conducted according to Golden Valley Police policy. • Reports, charging submissions, search warrants and legal paperwork shall be reviewed by the City. • Contractor shall abide by all Golden Valley Police Department Policies. • Contractor shall not drive city owned vehicles and shall not be issued a Golden Valley Police Dept. firearm or secondary weapons. • Equipment, such as cell phones, will be provided by the contractor. • Contractor shall not execute search warrants or subpoenas in person without coordinating with the Investigative Supervisor and are not allowed to make person to person contact outside of Police Dept. unless deemed necessary and appropriate by the Police Chief or their designee. Any person-to-person contact shall be accompanied by a licensed Peace Officer. • Contractor shall not conduct in-person interviews unless a licensed Officer, Detective or Supervisor is present. All such interviews shall be conducted in a controlled environment, such as an interview room or other secure location. Contractor shall not be left alone with suspects. • Contractor shall follow rules set forth by the BCA, FBI and other law enforcement entities to access information requiring clearance and/or training. Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. D. 1. Adopt Resolution No. 22-068 to accept an additional donation for a tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, 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. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial Or Budget Considerations Not applicable. Recommended Action Motion to adopt Resolution No. 22-068 accepting an additional donation from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Supporting Document • Resolution No. 22-068 accepting an additional donation of $2,000 from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. RESOLUTION NO. 22-068 RESOLUTION ACCEPTING AN ADDITIONAL DONATION FOR THE MEDLEY PARK COMMUNITY GARDEN FROM H&R BLOCK AND NEXTDOOR THROUGH THE GOLDEN VALLEY ONE GOOD DEED ORGANIZATION WHEREAS, the City Council adopted Resolution No. 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: An additional donation of $2,000 from H&R Block and Nextdoor through the Golden Valley One Good Deed organization for the addition of a new tool share shed, outdoor park furniture, planting tables, and community garden hand tools for the new Golden Valley Community Garden at Medley Park. Adopted by the City Council of Golden Valley, Minnesota this 16th day of August 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting August 16, 2022 Agenda Item 3.E. June 2022 Quarterly Financial Reports Prepared By Sue Virnig, Finance Director Summary The quarterly 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) •Housing Fund (HRA) Financial or Budget Considerations As of June 2022, the City of Golden Valley General Fund has used $10,080,218 of fund balance to balance the General Fund Budget. The report activity is from January 1 through March 31. Recommended Action Action is to receive and file. Supporting Documents •June 2022 General Fund (2 pages) •June 2022 Conservation/Recycling Fund (1 page) •June 2022 Water and Sewer Utility Fund (1 page) •June 2022 Brookview Golf Course (1 page) •June 2022 Motor Vehicle Licensing (1 page) Executive Summary Council Council Meeting City of Golden Valley August 16, 2022 2 •June 2022 Storm Utility Fund (1 page) •June 2022 Equipment Replacement Fund (1 page) •June 2022 Brookview Center Fund (1 page) •June 2022 Human Services Commission (1 page) •June 2022 Building Improvement Fund (1 page) •June 2022 Park Improvement Fund (1 page) •June 2022 Housing Fund (1 page) Over % 2022 June YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $458,210 34,943 156,728 ($301,482)34.20% 003 City Manager 1,285,825 98,641 566,335 (719,490)44.04% 004 Transfers Out 2,750,000 2,750,000 2,750,000 0 100.00%(1) 005 Admin. Services 2,573,030 149,959 1,011,696 (1,561,334)39.32% 006 Legal 428,045 37,327 185,474 (242,571)43.33% 007 Risk Management 355,000 0 159,434 (195,566)44.91% 011 General Gov't. Bldgs.816,045 93,839 444,373 (371,672)54.45% 016 Planning 392,330 35,637 185,953 (206,377)47.40% 018 Inspections 912,335 66,173 373,193 (539,142)40.91% 022 Police 7,178,575 396,995 2,510,681 (4,667,894)34.97% 023 Fire 1,843,165 118,900 729,312 (1,113,853)39.57% 035 Physical Dev Admin 350,690 21,936 150,807 (199,883)43.00% 036 Engineering 819,975 42,180 256,632 (563,343)31.30% 037 Streets 2,475,815 165,361 1,011,238 (1,464,577)40.84% 066 Park & Rec. Admin.928,445 76,261 418,220 (510,225)45.05% 067 Park Maintenance 1,452,555 134,688 656,959 (795,596)45.23% 068 Recreation Programs 429,550 33,891 130,762 (298,788)30.44% TOTAL Expenditures $25,449,590 $4,256,731 $11,697,797 ($13,751,793)45.96% (1) Transfers were made in June 2022. City of Golden Valley Quarterly Budget Report - General Fund Expenditures June 2022 (unaudited) Division 50.00% Over % 2022 June YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $22,116,855 0 8,692 ($22,108,163)0.04%(1) Licenses 244,165 15,915 202,649 ($41,516)83.00% Permits 963,650 221,526 725,535 ($238,115)75.29% Governmental Agencies Aid Federal 121,800 0 0 ($121,800)0.00% Police 25,000 0 1,342 ($23,658)5.37% Fire 25,000 545 8,886 ($16,114)35.54% Charges For Services: General Government 20,200 928 4,117 ($16,083)20.38% Public Safety 36,200 3,544 21,683 ($14,517)59.90% Public Works 186,400 18,281 90,207 ($96,193)48.39% Park & Rec 440,200 (7,819)79,758 ($360,442)18.12% Other Funds 766,500 53,458 320,850 ($445,650)41.86% Fines & Forfeitures 125,000 7,731 41,512 ($83,488)33.21% Interest On Investments 150,000 0 678 ($149,322)0.45%(2) Miscellaneous Revenue 196,620 14,453 96,670 ($99,950)49.17% Transfers In 30,000 2,500 15,000 ($15,000)50.00%(3) TOTAL Revenue $25,447,590 $331,062 $1,617,579 ($23,830,011)6.36% Notes: (1) Payments are received in July, December, and January (delinquencies). First 1/2 will be higher due to some full pay (2) Investment income allocated at year end. (3)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Quarterly Budget Report - General Fund Revenues June 2022 (unaudited) Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 35,000 0 0 (35,000)0.00% Recycling Charges 471,375 35,854 305,905 (165,470)64.90%(2) Organic Charges 471,370 35,826 118,032 (353,338)25.04% Miscellaneous Revenues 13,000 0 0 (13,000)0.00% Interest on Investments 10,000 0 0 (10,000)0.00%(1) Total Revenue 1,000,745 71,680 423,937 (576,808)42.36% Expenses: Recycling 1,148,635 67,258 437,239 (711,396)38.07%(3) Total Expenses 1,148,635 67,258 437,239 (711,396)38.07% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru June 2022. (3) This includes the recycling services thru May 2022. Further information about projects and financing are located in the 2022-2031 CIP and 2022-2023 Budget. City of Golden Valley Quarterly Budget Report - Conservation/Recycling Enterprise Fund June 2022 (unaudited) Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 5,280,275 472,745 2,076,680 (3,203,595)39.33% Emergency Water Supply 234,675 18,604 81,037 (153,638)34.53% Sewer Charges 4,535,365 436,740 2,029,152 (2,506,213)44.74% Meter Sales 15,000 1,468 4,861 (10,139)32.41% Penalties 150,000 19,620 87,924 (62,076)58.62% Charges for Other Services 18,000 13,093 28,794 10,794 159.97% State Water Testing Fee Pass Through 72,045 5,235 29,433 (42,612)40.85% Sale of Assets 96,400 0 0 (96,400)0.00% Franchise Fees 1,500,000 0 0 (1,500,000)0.00% Certificate of Compliance 30,000 4,025 27,375 (2,625)91.25% Micellaneous Revenue 20,000 0 9,467 (10,533)47.34% Other Governments 525,000 0 0 (525,000)0.00% Interest Earnings 100,000 0 0 (100,000)0.00% Total Revenue 12,576,760 971,530 4,374,723 (8,202,037)34.78% Expenses: Utility Administration 5,334,850 168,217 2,657,755 (2,677,095)49.82%(1) Sewer Maintenance 3,719,125 325,718 835,035 (2,884,090)22.45% Water Maintenance 5,406,315 760,197 1,438,051 (3,968,264)26.60% Total Expenses 14,460,290 1,254,132 4,930,841 (9,529,449)34.10% (1) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2022-2031 CIP and 2022-2023 Budget. City of Golden Valley Quarterly Budget Report - Water and Sewer Utility Enterprise Fund June 2022 (unaudited) Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 1,090,000 203,786 397,248 (692,752)36.44% Driving Range Fees 255,500 39,452 80,230 (175,270)31.40% Par 3 Fees 269,000 39,922 78,977 (190,023)29.36% Lawn Bowling 75,000 22,421 39,906 (35,094)53.21% Pro Shop Sales 80,000 19,164 43,145 (36,855)53.93% Pro Shop Rentals 360,000 72,856 134,483 (225,517)37.36% Restaurant Sales 1,592,200 350,940 910,277 (681,923)57.17% Winter Activities 0 0 11,246 11,246 Other Revenue 119,300 9,449 75,939 (43,361)63.65% Interest Earnings 15,000 0 0 (15,000)0.00%(1) Total Revenue 3,856,000 757,990 1,771,451 (2,084,549)45.94% Expenses: Golf Operations 893,375 78,621 347,959 (545,416)38.95%(2) Course Maintenance 1,107,115 318,049 923,587 (183,528)83.42%(3) Pro Shop 107,500 29,387 88,109 (19,391)81.96% Grill 1,529,985 207,918 705,747 (824,238)46.13% Driving Range 86,550 12,983 24,909 (61,641)28.78% Par 3 Course 29,320 9,058 21,830 (7,490)74.45% Lawn Bowling 42,570 3,786 10,801 (31,769)25.37% Total Expenses 3,796,415 659,802 2,122,942 (1,673,473)55.92% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Includes $474,906 of materials for the new irrigation system. Course opened April 8. Further information about projects and financing are located in the 2022-2031 CIP and 2022-23 Budget. City of Golden Valley Quarterly Budget Report - Brookview Golf Course Enterprise Fund June 2022 (unaudited) Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 7,500 0 0 (7,500)0.00%(1) Charges for Services 525,025 31,801 214,820 (310,205)40.92% Total Revenue 532,525 31,801 214,820 (317,705)40.34% Expenses: Motor Vehicle Licensing 545,630 36,331 233,095 (312,535)42.72% Total Expenses 545,630 36,331 233,095 (312,535)42.72% (1) Interest Earnings are allocated at year-end. City of Golden Valley Quarterly Budget Report - Motor Vehicle Licensing Enterprise Fund June 2022 (unaudited) Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 0 0 0 Henn County Grant-Decola 0 0 0 0 State DNR Grant 1,300,000 0 36,318 (1,263,682) State DEED Grant-Globus 0 0 0 0 Storm Sewer Charges 2,775,000 223,096 1,281,356 (1,493,644)46.17% Hennepin County 0 0 0 Bassett Creek Watershed 700,000 0 300 (699,700) Miscellaneous Receipts 185,400 0 5,000 (180,400) Total Revenue 5,010,400 223,096 1,322,974 (3,687,426)26.40% Expenses: Storm Utility 5,735,740 127,045 485,350 (5,250,390)8.46% Street Cleaning 157,970 10,202 72,002 (85,968)45.58% Environmental Control 545,760 27,116 148,866 (396,894)27.28% Debt Service Payments 182,900 0 154,350 (28,550)0.00%(3) Total Expenses 6,622,370 164,363 860,568 (5,761,802)12.99%(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. Further information about projects and financing are located in the 2022-2031 CIP and 2022-2023 Budget. City of Golden Valley Quarterly Budget Report - Storm Utility Enterprise Fund June 2022 (unaudited) 2022 Equipment Replacement Fund (CIP) - Fund 5700 2022 June YTD Budget Total Actual Remaining Revenues: Sale of Assets 50,000 0 86,070 36,070 Truckster/Toolcat Trade-ins 150,000 0 0 (150,000) General Fund Transfer 1,150,000 1,150,000 1,150,000 0 Miscellaneous Receipts 0 0 528 528 Interest Earnings (allocated at year end)20,455 0 0 (20,455) Total Revenues 1,370,455 1,150,000 1,236,598 (133,857) Expenditures: Program #Project Number Project Name Public Safety Lower Level Training Room IT 24,048 24,048 V&E-001 Marked Squad Cars (Police)120,000 0 6,979 113,021 V&E-002 Computers and Printers (Finance)95,000 14,350 19,747 75,253 V&E-008 Pickup Truck-Engineering 35,000 0 0 35,000 V&E-012 Asphalt Paver 250,000 119,421 119,421 130,579 V&E-053 Dump Truck (Street)285,000 122,770 122,770 162,230 V&E-100 Pickup Truck (Park)60,000 0 0 60,000 V&E-107 Bobcat Toolcat (Park)55,000 0 0 55,000 V&E-116 Bobcat Toolcat (Park)55,000 0 0 55,000 V&E-118 Sidewalk Tractor (Street)170,000 138,310 160,629 9,371 V&E-135 Body Cameras (Police)24,070 0 0 24,070 V&E-136 Zodiac Boat (Fire)5,500 0 0 5,500 V&E-137 Outdoor Motor (Fire)5,500 0 0 5,500 V&E-145 Skid Steer Loader (Street)65,000 0 0 65,000 V&E-152 Passenger Vehicle (Fire)40,000 0 0 40,000 V&E-153 Equipment Trailer (Street)20,000 0 0 20,000 V&E-159 Salt Brine Production Equipment (Street)50,000 0 0 50,000 V&E-192 Unmarked Vehicle (Police)40,000 0 0 40,000 V&E-195 Unmarked Vehicle (Police)40,000 0 0 40,000 Prior Year Expenditures 0 0 123,268 (123,268) Total Expenditures 1,415,070 418,899 576,862 985,524 (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. Further information about projects and financing are located in the 2022-2031 CIP and 2022-2023 Budget. Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 211,000 33,868 100,637 (110,363)47.70% Backyard Play Area 239,325 43,473 109,047 (130,278)45.56% Miscellaneous Revenues 0 0 0 0 Interest on Investments 0 0 0 0 (1) Total Revenue 450,325 77,341 209,684 (240,641)46.56% Expenses: General Area Rooms 439,195 24,889 162,910 (276,285)37.09%(2) Indoor Play Area 90,050 1,293 18,834 (71,216)20.92% Total Expenses 529,245 26,182 181,744 (347,501)34.34% (1) Interest Earnings are allocated at year-end. (2) Staff Time/Supplies for Brookview Rental City of Golden Valley Quarterly Budget Report - Brookview Center Special Revenue Fund June 2022 (unaudited) Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 35,000 6,370 20,544 (14,456)58.70%(3) Fundraisers 16,000 550 13,454 (2,546)84.09%(4) Interest on Investments 750 0 0 (750)0.00%(1) Total Revenue 51,750 6,920 33,998 (17,752)65.70% Expenses: Supplies 18,100 189 5,640 (12,460)31.16%(4) Allocations 60,000 0 60,000 0 100.00%(2) Total Expenses 78,100 189 65,640 (12,460)84.05% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2022 are $60,000. (3) Pull Tab revenues are thru May. (4) Solicitation Letters are $2,015(net). Cost of letter was in 2021. (4) Run/Walk- April 23, 2022 $5,299net). (4) Golf Tourney/Lawn Bowling -August 14-$(net) Fund Balance at 12/31/21 was $161,780. City of Golden Valley Monthly Budget Report - Human Services Commission June, 2022 (unaudited) 2022 Building Improvement Fund (CIP) - Fund 5200 2022 June YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 500,000 0 500,000 0 (1) Interest Earnings (allocated at year end)22,574 0 0 (22,574) Total Revenues 522,574 0 500,000 (22,574) Expenditures: Project Name Generators 50,000 0 0 50,000 Facility Analysis Assessment 0 2,000 (2,000) Installation of Building Security Systems 30,000 0 0 30,000 Council Chambers Remodeling 0 63,958 240,198 (240,198) City Hall Boiler 350,000 0 0 350,000 10th Avenue Storage 125,000 0 0 125,000 Brookview Shelter Sewer Service Repair 50,000 0 0 50,000 Park Shelter Building Improvements 200,000 0 0 200,000 Furnaces-Various Buildings 30,000 0 0 30,000 Street Maintenance Garage Door Expansion 75,000 0 0 75,000 City Hall Lunchroom Remodel 50,000 0 0 50,000 Total Expenditures 910,000 63,958 242,198 669,802 (1)Transfer will be made in June. 2022 Park Improvement Fund (CIP) - Fund 5600 2022 June YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 400,000 400,000 400,000 0 Park Dedication Fee 0 0 152,247 0 Hennepin County Youth Sports Grant 0 0 0 0 Little League/Youth Associations/Play Eq Grants 0 0 0 0 Other Donations-Benches. etc 0 0 5,250 5,250 Interest Earnings (allocated at year end)4,840 0 0 (4,840) Total Revenues 404,840 400,000 557,497 410 Expenditures: Project Name Bleacher, Soccer, Benches, Picnic Tables 13,000 0 3,362 9,638 Outdoor Hard Surface Replacement 12,000 2,475 9,943 2,057 Park Trail and Parking Lot Improvement 120,000 0 0 120,000 Play Structure Replacement 65,000 0 7,571 57,429 Dugout, Fence & Field Replacement 25,000 0 0 25,000 Hockey Rink Replacement 75,000 6,995 6,995 68,005 Park LED Light Replacements 25,000 0 0 25,000 Sand Volleyball Courts 15,000 0 1,440 13,560 Community Gardens 45,000 0 4,716 40,284 Sun Shelter Replacements & Additions 35,000 0 4,740 30,260 Park Signage 867 987 Benches 0 2,555 2,555 (2,555) Total Expenditures 430,000 12,892 42,309 388,678 Further information about projects and financing are located in the 2022-2031. Over 2022 June YTD (Under)% Budget Actual Actual Budget Current Revenue Property Tax Revenues 210,400 0 0 (210,400)0.00%(1) Total Revenue 210,400 0 0 (210,400)0.00% Expenses: Housing 210,400 15,334 84,391 (126,009)40.11% Total Expenses 210,400 15,334 84,391 (126,009)40.11% (1) Interest Earnings are allocated at year-end and property tax payment (July, Dec, Jan). City of Golden Valley Quarterly Budget Report - HRA Housing Fund June 2022 (unaudited) Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. F. Approve Summary City Manager Closed Session Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary The City Council completed the annual performance evaluation on August 16, 2022. Per the City Manager’s agreement, effective September 9, 2022, the City Manager’s compensation will increase to Step 6 ($86.87/hour) of the Compensation and Classification grid. The City Manager receives step increases and cost of living adjustments (COLA) consistent with employees across the City. Financial Or Budget Considerations None. Recommended Action None. Attachments None. Golden Valley City Council Meeting August 16, 2022 Agenda Item 3. G. Approval of Plat – Central Park West PUD No. 121 Third Addition, Authorization to Sign PUD Permit – Central Park West PUD No. 121 Amendment #5, and Approval of Assumption of Development Agreement Prepared By Jason Zimmerman, Planning Manager Maria Cisneros, City Attorney Summary On April 5, 2022, the City Council held a public hearing and approved the minor lot subdivision for Central Park West PUD No. 121 Third Addition and Amendment #5 to the PUD. The Final Plat and PUD Permit have been prepared for consideration. City staff have reviewed the documents and find them to be consistent with the approved Preliminary Plat and the requirements of City Code. As a result of the new parcel being created to house the Metropolitan Council Environmental Services (MCES) lift station, the City Council is being asked to approve Assumption of the Development Agreement with MCES that exempts MCES from the requirements in the Development Agreement. The purpose of the agreement is to add MCES to the agreement as a landowner within the PUD and to clarify that, given the limited nature of MCES’s ownership, the responsibilities in the PUD Development Agreement continue to fall on the adjacent property owners. Financial Or Budget Considerations None Recommended Action Motion to adopt Resolution No. 22-069 Approval of Plat – Central Park West PUD No. 121 Third Addition. Motion to authorize the Mayor and City Manager to sign the PUD Permit for Central Park West PUD No. 121 Amendment #5, in a form acceptable to the City Attorney. Motion to approve the Assumption of the Development Agreement, First Amendment to Development Agreement, and Consent to Exemption from Assumption for Central Park West PUD No. 121. City Council Regular Meeting Executive Summary City of Golden Valley August 16, 2022 2 Supporting Documents • Resolution No. 22-069 Approval of Plat – Central Park West PUD No. 121 Third Addition (1 page) • Final Plat of Central Park West PUD No. 121 Third Addition (1 page) • PUD Permit for Central Park West PUD No. 121, Amendment #5 (8 pages) • Assumption of Development Agreement for Central Park West No. 121 (7 pages) RESOLUTION NO. 22-069 RESOLUTION FOR APPROVAL OF PLAT CENTRAL PARK WEST P.U.D. NO. 121 THIRD ADDITION WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Central Park West P.U.D. No. 121 Third Addition covering the following described tracts of land: Outlots A and B, Central Park West P.U.D. No. 121 Third Addition, Hennepin County, Minnesota. WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Adopted by the City Council this 16th day of August 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk OUTLOT A OUTLOT B Line Table Line # L1 L2 L3 Length 34.41 54.74 26.31 Direction N2°09'53"E S76°41'24"E S11°42'52"W Curve Table Curve # C1 C2 Length L=21.18 L=12.34 Radius R=12.00 R=8.00 Delta Δ=101°08'43" Δ=88°24'16"0 NORTH SCALE IN FEET 40 80 DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO. 47092. DENOTES 1/2 INCH IRON MONUMENT FOUND UNLESS OTHERWISE SHOWN. THE SOUTH LINE OF THE MOST SOUTHERLY LINE, OUTLOT A, CENTRAL PARK WEST P.U.D. NO. 121 SECOND ADDITION IS ASSUMED TO HAVE A BEARING OF SOUTH 88 DEGREES 13 MINUTES 33 SECONDS EAST. ENGINEERING, PLANNING AND LAND SURVEYING R.T. DOC. NO. CENTRAL PARK WEST P.U.D. NO. 121 THIRD ADDITION SAMBATEK, INC. KNOW ALL PERSONS BY THESE PRESENTS: That OP4, SLP, LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Outlot A, CENTRAL PARK WEST P.U.D. NO. 121 SECOND ADDITION Has caused the same to be surveyed and platted as CENTRAL PARK WEST P.U.D. NO. 121 THIRD ADDITION. In witness whereof said OP4,SLP, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _______ day of ____________________, 20_____. SIGNED: OP4, SLP, LLC By: Its: By: STATE OF COUNTY OF This instrument was acknowledged before me this _______ day of ____________________, 20_____, by _________________, the ______________________________________________________ _________________________________________________________________________________________________of OP4, SLP, LLC, a Minnesota limited liability company, on behalf of the company. Signature Notary Printed Name Notary Public, County, My Commission Expires I Jason J. Howard do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20_____. Jason J. Howard, Licensed Land Surveyor, Minnesota License No. 47092 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this _______ day of ____________________, 20_____, by Jason J. Howard. Signature Notary Printed Name Notary Public, County, Minnesota My Commission Expires CITY COUNCIL, CITY OF SAINT LOUIS PARK, MINNESOTA This plat of CENTRAL PARK WEST P.U.D. NO. 121 THIRD ADDITION was approved and accepted by the City Council of the City of Saint Louis Park, Minnesota, at a regular meeting thereof held this ______ day of ____________________, 20_____ , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. City Council, City of Saint Louis Park, Minnesota By: Mayor By: Clerk CITY COUNCIL, CITY OF GOLDEN VALLEY, MINNESOTA This plat of CENTRAL PARK WEST P.U.D. NO. 121 THIRD ADDITION was approved and accepted by the City Council of the City of Golden Valley, Minnesota, at a regular meeting thereof held this ______ day of ____________________, 20_____ , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. City Council, City of Golden Valley, Minnesota By: Mayor By: Clerk RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 20_____ and prior years have been paid for land described on this plat, dated this _______ day of ____________________, 20_____. Mark V. Chapin, County Auditor By: , Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this _______ day of ____________________, 20_____. Chris F. Mavis, County Surveyor By: REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of CENTRAL PARK WEST P.U.D. NO. 121 THIRD ADDITION was filed in this office this _______ day of ____________________, 20_____, at ______ o'clock ____ .M. Amber Bougie , Hennepin County Registrar of Titles By: , Deputy Central Park West P.U.D. No. 121 City Council Approval: April 7, 2015 City Council Approval Amendment #2: August 16, 2016 Amendment #3: January 7, 2019 City Council Approval Amendment #4: October 2, 2019 City Council Approval Amendment #5: August 16, 2022 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Amendment #5 Project Name: MCES Lift Station - Central Park West P.U.D. No. 121 Location: Residential Phase One building (GV half): 1513 Utica Ave S Hotel parking lot: 5073 Wayzata Blvd Office parking ramp: 1603 Utica Ave S Outlot for future parking ramp: 1653 Utica Ave S MCES lift station: 1600 State Hwy 100 Frontage Rd S Legal Description: Lot 3, Block 1, Central Park West P.U.D. No. 121; Lots 1 and 2, Block 1, Central Park West P.U.D. No. 121, Second Addition; and Outlots A and B, Central Park West P.U.D. No. 121, Third Addition, Hennepin County, Minnesota. Applicant: Metropolitan Council Address: 390 Robert Street North, St. Paul, MN 55101 Owners: ACSLP, LLC; Central Park West SPE, LLC; OP4 SLP, LLC; 10 West End, LLC; Metropolitan Council Zoning District: Commercial; High Density Residential (R-1); Office Permitted Uses: To allow two six-story multifamily residential buildings, a six-story hotel, two 11-story office buildings, a parking ramp, and a linear park in both St. Louis Park and Golden Valley. A portion of the Residential Phase One building, a portion of the parking ramp, and the entire hotel surface parking lot are located in Golden Valley. A MCES lift station is located entirely within Golden Valley. A. Conditions 1. The plans prepared by DLC Residential, LLC, dated February 2, 2015, and March 20, 2015; the plans prepared by COLBERGITEWS and Cities Edge Architects, Inc. submitted March 1, 2016; and the plans prepared by Ryan Companies submitted on June 28, 2016 (the "Final Plans"), shall become a part of this approval. 2. After the site is completely built-out, no snow shall be stored on the site. 3. The City of St. Louis Park approves that portion of the PUD within its jurisdiction. 4. The recommendations and requirements of the Development Agreement Central Park West P.U.D. #121, as amended, shall become part of this approval. Owner consents and agrees to be bound by the applicable terms and conditions in the previously established Development Agreement between the City and Central Park West, LLC, executed on May 8, 2015, and amended and restated on October 2, 2019. 5. The east-west driveway located along the south side of the proposed office and ramp property (Lot 2, Block 1, Central Park West P.U.D. No. 121, Second Addition) shall allow only one-way access in the westward direction. 6. The previously approved hotel shuttle service plan shall be subject to periodic review and approval by City staff. 7. If there are complaints from hotel users or the hotel owner, located on Lot 3, Block 1, Central Park West P.U.D. No. 121 that overflow parking in the parking ramp is not convenient or available, the City reserves the right to require that up to 110 parking spaces be signed and/or striped to designate hotel parking within the office ramp located on Lot 2, Block 1, Central Park West P.U.D. No. 121, Second Addition. 8. The property owners of any parcel in the Central Park West PUD No. 121 shall adhere to the Travel Demand Management Plan approved for the West End Redevelopment, which will serve to reduce traffic congestion. Based on the monitoring of traffic conditions, the owner will be required to update the plan or submit a new plan to the Golden Valley and St. Louis Park 1-394 Joint Task Force in the future as needed. 9. Owner consents and agrees to be bound by the applicable terms and conditions in the previously established Easement, Maintenance and Cost- Sharing Agreement between Central Park West, LLC and OP4 SLP, LLC executed on May 8, 2015. 10. This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 11. Outlot B, Central Park West P.U.D. No. 121, Third Addition is exempt from the above-stated Conditions. 12. This Permit may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and the counterparts together shall constitute one and the same Permit. A copy, facsimile copy or electronic copy of this Permit, including its signature pages, will be binding and deemed to be an original. It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on October 2, 2015, March 15, 2016, August 16, 2016, October 2, 2019, and July ____, 2022. Any changes to the PUD Permit for Central Park West P.U.D. No. 121 shall require an amendment. CITY OF GOLDEN VALLEY a Minnesota municipal corporation By: __________________________________ Shepard M. Harris, Mayor By: __________________________________ Timothy J. Cruikshank, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of ______________, 2022, by Shepard M. Harris, Mayor, and Timothy J. Cruikshank, City Manager, of the City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ACSLP, LLC a Minnesota limited liability company By: __________________________________ Name:________________________________ Its: __________________________________ STATE OF _________________ ) ) ss. COUNTY OF _______________ ) On ______________, 2022, before me, ___________________________, Notary Public, personally appeared _____________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ______________________________ Notary Public CENTRAL PARK WEST SPE LLC a Delaware limited liability company By: __________________________________ Name:________________________________ Its: __________________________________ STATE OF _________________ ) ) ss. COUNTY OF _______________ ) On ______________, 2022, before me, ___________________________, Notary Public, personally appeared _____________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ______________________________ Notary Public 10 WEST END, LLC a Delaware limited liability company By: _________________________________ Name:_______________________________ Its: _________________________________ STATE OF _________________ ) ) ss. COUNTY OF _______________ ) On ______________, 2022, before me, ___________________________, Notary Public, personally appeared _____________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ______________________________ Notary Public OP4 SLP, LLC a Minnesota limited liability company By: The Excelsior Group LLC, its Sole Member By: __________________________________ Name:________________________________ Its: __________________________________ STATE OF _________________ ) ) ss. COUNTY OF _______________ ) On ______________, 2022, before me, ___________________________, Notary Public, personally appeared _____________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ______________________________ Notary Public METROPOLITAN COUNCIL a public corporation and political subdivision of the State of Minnesota By: __________________________________ Mary Bogie Its: Regional Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2022, by Mary Bogie, Regional Administrator of the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, on its behalf. ______________________________ Notary Public ASSUMPTION OF DEVELOPMENT AGREEMENT AND CONSENT TO EXEMPTION FROM ASSUMPTION THIS ASSUMPTION OF DEVELOPMENT AGREEMENT AND CONSENT TO EXEMPTION FROM ASSUMPTION (this “Agreement”) dated as of the 16th day of August, 2022, is made and entered into by and between the Metropolitan Council, a political corporation and political subdivision of the State of Minnesota (“Council”) OP4 SLP, LLC, a Minnesota limited liability company (“OP4”), and the City of Golden Valley, a Minnesota municipal corporation (the “City”). The Council, O P4 and the City may be referred to as the “parties”. WITNESSETH: WHEREAS, the City and Central Park West, LLC, a Minnesota limited liability company (“CPW”) entered into that certain Development Agreement, Central Park West P.U.D. #121, dated May 8, 2015, recorded on May 8, 2015, as Document No. T05254071 (the “Development Agreement”); and WHEREAS, the Development Agreement was assigned to and assumed by OP4 SLP, LLC, as Developer (as that term is defined in the Development Agreement), by the unrecorded Assumption of Development Agreement (Central Park West P.U.D. No. 121) dated December 5, 2016, between OP4 SLP, and the City (the “Assumption”); and WHEREAS, the Development Agreement was amended by the First Amended Development Agreement, approved by the City on October 2, 2019 (the “First Amended Development Agreement”); and WHEREAS, by its terms, the First Amended Development Agreement runs with the Development Property (as that term is defined in the Development Agreement), and is binding on OP4’s successors-in-interest in the Development Property; and WHEREAS, OP4 is the fee owner of the real property, legally described in Exhibit A attached hereto (the “Lift Station Property”), and by Quit Claim Deed to be executed simultaneously herewith is conveying said Lift Station Property to the Council (the “Transfer Date”); and WHEREAS, OP4 is retaining that certain real property legally described on Exhibit B, attached hereto (the “Retained Property”), and all of the rights and obligations of OP4 as relates to this Retained Property remain with OP4; and WHEREAS, because, as of the Transfer Date, the Lift Station Property is owned and used by a public entity to deliver utility services to the metropolitan area, including the Development Property, the Lift Station Property shall be exempt from the obligations imposed upon the Development Property (as defined in the Development Agreement) because the Council’s use of the Lift Station Property does not impose the same impacts that private development does, the parties acknowledge that any assignment of OP4’s obligations, rights and interest in, to and under the Development Agreement and Assumption to the Council, effective as of the Transfer Date, is unnecessary; and CORE/2065510.0029/154390232.1 2 WHEREAS, the parties agree that none of the obligations assumed under the Development Agreement, First Amended Development Agreement, Assumption apply to the Lift Station Property and, instead, remain applicable to the Retained Property. NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements contained herein, OP4, the Council, and the City hereby covenant and agree as follows: 1. Any capitalized term used herein and not otherwise defined herein shall have the meaning ascribed to such term in the Development Agreement, First Amended Development Agreement and Assumption. 2. The parties agree that, as of the Transfer Date, none of the obligations under the Development Agreement, First Amended Development Agreement, and Assumption apply to either the Lift Station Property or the Council and, instead, remain with and applicable to the Retained Property and OP4. As of the Transfer Date, the Council assumes no obligations of OP4 and shall not be liable for and is exempted from payment or performance of any obligations under the Development Agreement, First Amended Development Agreement or Assumption that apply to the Development Property (as that term is defined in the Development Agreement). 3. Notwithstanding the foregoing or anything else to the contrary contained herein or elsewhere, OP4 and the Council agree that the Council is not hereby assuming or agreeing to accept or perform any of the covenants, obligations and agreements to be kept and performed by the Developer under the Development Agreement, First Amended Development Agreement or Assumption from and after the Transfer Date. 4. The City hereby approves the Council’s exemption from any obligations as the Developer of the Lift Station Property under the Development Agreement, First Amended Development Agreement, and Assumption and OP4’s retention of the rights and obligation and obligations of OP4 as the Developer under the Development Agreement, First Amended Development Agreement and Assumption. 5. This Agreement shall be binding on and inure to the benefit of the parties hereto and their successors and assigns. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7. This Agreement may be executed in counterparts, which counterparts when considered together shall constitute a single, binding, valid and enforceable agreement. IN WITNESS WHEREOF, OP4, the Council, and the City have executed and delivered this Agreement as of the date first above written. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] 3 COUNCIL: METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of Minnesota By: __________________________________ Mary Bogie Its: Regional Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2022, by Mary Bogie, Regional Administrator of the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, on its behalf. ______________________________ Notary Public [Signature Page to Assignment and Assumption of Development Agreement and Consent to Exemption from Assumption ] 4 OP4: OP4 SLP, LLC, a Minnesota limited liability company By: The Excelsior Group LLC, its Sole Member By: __________________________________ Name:_________________________________ Its: ___________________________________ STATE OF _________________ ) ) ss. COUNTY OF _______________ ) On ______________, 2022, before me, ___________________________, Notary Public, personally appeared _____________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ______________________________ Notary Public [Signature Page to Assignment and Assumption of Development Agreement and Consent to Exemption from Assumption] 5 CITY: CITY OF GOLDEN VALLEY, a Minnesota municipal corporation By: __________________________________ Shepard M. Harris, Mayor By: __________________________________ Timothy J. Cruikshank, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 16th day of August, 2022, by Shepard M. Harris, Mayor, and Timothy J. Cruikshank, City Manager, of the City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________ Notary Public [Signature Page to Assignment and Assumption of Development Agreement and Consent to Exception from Assumption] 6 Exhibit A LIFT STATION PROPERTY Outlot B, Central Park West P.U.D. No. 121 Third Addition, Hennepin County, Minnesota. 7 Exhibit B RETAINED PROPERTY Outlot A, Central Park West P.U.D. No. 121 Third Addition, Hennepin County, Minnesota. Golden Valley City Council Meeting August 16, 2022 Agenda Item 4. A. Zoning Text Amendment - Regulation and Sale of Tetrahydrocannabinol Products Prepared By Jason Zimmerman, Planning Manager Myles Campbell, City Planner Summary The topic of expanded THC product types was first discussed by the Golden Valley City Council at their July 12th work session and then at the July 19th regular meeting. At that meeting, in addition to the first consideration of a licensing ordinance, the Council directed the Planning Commission to consider zoning regulations for THC sales using tobacco restrictions as a model for the ordinance. At their July 25th meeting, the Commission reviewed a proposed zoning ordinance regulating the location of retail establishments selling products containing tetrahydrocannabinols and unanimously recommended approval (4-0). Zoning Amendment Following the Council’s direction, the proposed zoning text amendment in front of the Council is modeled from the tobacco zoning ordinance passed in 2020 (City Code § 113-92). The tobacco review in 2020 focused on using zoning to complement sales and licensing restrictions, and so focused on providing separation between tobacco retailers and “youth-oriented facilities,” which are defined in code as, “a school, park, athletic field, or playground.” After the tobacco zoning amendments, retailers selling tobacco products are permitted with restrictions only in the City’s Commercial Zoning District. The main restriction that must be met is a separation of at least 500 feet from a youth-oriented facility; the regulations also included considerations for multi-tenant buildings. At the time, the Planning Commission also considered whether to set a proximity restriction between tobacco retailers (to limit density) and additional site restrictions but decided that these additional controls were unnecessary given the principal goal was to limit youth exposure to tobacco products. The 500-foot distance and definition of youth-oriented facility were also not arbitrary and were determined using almost a dozen alternate mapping scenarios to find a buffer with meaningful impact, but which did not overly restrict retailer locations. Given the urgency with which to implement restrictions for the sale of THC products, City staff and Planning Commissioners agreed that as an interim step applying the same zoning standards for THC sales as were applied for tobacco made broad sense. City Council Regular Meeting Executive Summary City of Golden Valley August 16, 2022 2 • The proximity restriction is narrowly tailored to prevent youth exposure to products, as they are not of legal age to purchase or consume them. • The 500-foot buffer has been tested previously and is not so restrictive as to act as a de-facto prohibition on THC product retailers. • Co-location of tobacco/THC retailers could be possible, as the two uses are subject to equivalent buffer restrictions. This is a relatively minor adjustment to the existing zoning code, which currently does not provide any specific consideration to THC product retailers (or producers, hemp growers, etc., for that matter). It would give the City an added degree of control for these types of retailers in the short-term. The expectation is that the State legislature will be revisiting this topic in the next year to provide more clarity and regulatory control to these products, after which the topic could be returned to with a greater understanding of how these products will be managed locally in the longer term. The zoning amendment does not provide any new regulation or definitions for uses associated with THC product manufacturing, hemp cultivation, or other related processing. Under the current zoning regulations, manufacturing and processing would fall under the land use category of “General manufacturing uses,” which are only allowed in the Industrial Zoning District. Cultivation and growing of hemp would fall under “Greenhouses,” which are allowed again in the Industrial and Light Industrial Zoning Districts. Generally, staff is not concerned with how these production uses are currently managed. Given that production is restricted to industrial zones and sales restricted to commercial zones, it means that no growing or manufacturing operation could have an associated sales component. Placing any additional restrictions on these production uses – which do not have a direct sales or service component with customers – should be connected to a recognizable impact on surrounding properties or the community. Discussion at Planning Commission The Planning Commission was largely comfortable with basing the THC ordinance around the previously studied tobacco retail locations. Multiple members were present at the time of that ordinance’s adoption and believed the restrictions and Commercial zoning made sense for a new but similar category of land use. Commissioners did ask a number of questions relating to potential future amendments to the code and asked that the topic of THC regulation in the zoning code be revisited once the legislature has further clarified regulations. Also discussed at this meeting were other topics such as: the restrictions the license requirement would place on THC retailers, separately defining medical and recreational THC products, and the question of production/grow facilities. Financial Or Budget Considerations None City Council Regular Meeting Executive Summary City of Golden Valley August 16, 2022 3 Recommended Action Motion to direct staff to adopt Ordinance No. 742 Amending City Code Sections 113-1: Definitions, 113-87: Summary Use Tables, and 113-92: Commercial Zoning District Supporting Documents • THC Sales Restriction Map (1 page) • Ordinance No. 742 Amending City Code Sections 113-1: Definitions, 113-87: Summary Use Tables, and 113-92: Commercial Zoning District (2 pages) ORDINANCE NO. 742 AN ORDINANCE AMENDING THE CITY CODE Amending Sections 113-1: Definitions, 113-87. - Summary Use Tables, and 113-92: Commercial Zoning District The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Section 113-1 of the City Code Chapter 113, Article I, entitled “Definitions” is amended by adding the following Subdivision: THC Products: Any product that contains tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72, as may be amended from time to time. Section 2. Section 113-87 of the City Code Chapter 113, Article III, Division 2, entitled “Summary Use Tables” is amended by adding the following section to Table 87-2 Economic and Business Uses Land Use Description C LI I O Retail establishments that sell THC products R X X X Section 3. Section 113-92 of the City Code Chapter 113, Article III, Division 2, entitled “Commercial Zoning District” is amended by adding the following Subdivision and re-lettering accordingly: (e)Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: (1)Retail establishments that sell THC products, as defined in City Code, section 16-158, provided the following restrictions are observed: a.The retail establishment shall be located not less than 500 feet from all youth-oriented facilities, as measured at the lot line. b.In the case of a multi-use building, distances from the retail establishment shall be measured from the portion of the structure occupied by the retailer. 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. Ordinance No. -2- Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 16th day of August, 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa Schyma Theresa Schyma, City Clerk Golden Valley City Council Meeting August 16, 2022 Agenda Item 6. A. Consideration of Ordinances and a Resolution Related to the Licensing and Fee Schedule for the Sale of Tetrahydrocannabinol Products, Ordinances No. 741 and 743, Resolution No. 22-070 Prepared By Maria Cisneros, City Attorney Jason Zimmerman, Planning Manager Summary At its July 19, 2022, regular meeting, the Council adopted the first reading of a licensing ordinance regulating the sale of products containing tetrahydrocannabinols. At the Planning Commission meeting on July 25, 2022, the Planning Commission reviewed a proposed zoning ordinance regulating the location of retail establishments selling products containing tetrahydrocannabinols. On July 27, 2022, the City held a public engagement event to learn more about the issue from retailers, public health experts, and community members. Additionally, from July 27 through August 10, community members had the opportunity to provide feedback to the City via an online survey. The survey results and materials collected at the public engagement event are attached to this memo. Attached to this memo are two draft ordinances, one addressing licensing and the other addressing licensing fees. Each is addressed in turn below. Licensing Ordinance The draft licensing ordinance is modeled on the tobacco related ordinances adopted by the City Council in 2019 (City Code, Ch. 16, Art. 6). Staff has been studying the topic since the first reading, and recommends making the following changes to the ordinance: • Change the definition of licensed product to ____________; and • Update the purpose statement to incorporate additional context and public health considerations. These changes are modeled from recommendations published by the Public Health Law Center. Staff recommends adopting these changes in the second reading and has provided a clear version incorporating the changes. City Council Regular Meeting Executive Summary City of Golden Valley August 16, 2022 2 Additional Considerations In the weeks since the first reading, staff has identified additional regulatory options that the Council may wish to include in the second reading. These include, but are not limited to: • Limiting the number of licenses • Prohibiting the sale of THC products in restaurants, gas stations, grocery stores, salons, or other types of retail establishments • Prohibiting delivery sales • Regulating the hours of sales • Allowing THC sales at events. The current proposals would prohibit sales at events because mobile sales are not allowed and there is no option for a temporary license • Regulating characteristics of the retail establishments that sell THC products, such as exterior windows • Regulating the production, manufacture, or distribution of THC products Financial Or Budget Considerations Adoption of the licensing ordinance will require additional staff time to develop a license application, process applications and background checks, and conduct compliance checks. Licensing fees will offset hard costs to City and compensate for staff time. Staff proposes adopting a licensing fee of $450 to offset these costs. See proposed Ordinance No. 743. Recommended Action • Motion to adopt second reading of Ordinance No. 741 amending Chapter 16—Licensing to add Article XIX. Tetrahydrocannabinol Products. • Motion to approve Resolution No. 22-070 authorizing summary publication of Ordinance No. 741. • Motion to adopt first reading of Ordinance No. 743 amending the Master Fee Schedule to include licensing fees for Tetrahydrocannabinol (THC) Retail Establishments. Supporting Documents • Draft Ordinance No. 741 Amending Chapter 16—Licensing to add Article XIX. Tetrahydrocannabinol Products (8 pages) • Resolution No. 22-070 Authorizing Summary Publication of Ordinance No. 741 (1 page) • Draft Ordinance No. 743 Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments (1 page) • Community Input Report (14 pages) Page 1 of 8 ORDINANCE NO. 741 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 16 OF THE CITY CODE ADDING ARTICLE XIX. TETRAHYDROCANNABINOL PRODUCTS The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 16 is amended to add Article XIX, and shall read as follows: ARTICLE XIX. TETRAHYDROCANNABINOL PRODUCTS Sec. 16-550. Purpose and Intent. The purpose of this Section is to regulate the sale of legalized adult-use of any product that contains tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72 (“THC Products”) for the following reasons: (a) The City recognizes that, based on the most reliable and up-to-date scientific evidence, the rapid introduction of newly legalized adult-use THC products, presents a significant potential threat to the public health, safety, and welfare of the residents of Golden Valley, and particularly to youth. (b) The City has the opportunity to be proactive and make decisions that will mitigate this threat and reduce exposure of young people to the products or to the marketing of these products and improve compliance among THC product retailers with laws prohibiting the sale or marketing of THC products to minors. (c) A local regulatory system for THC product retailers is appropriate to ensure that retailers comply with THC product laws and business standards of the City of Golden Valley to protect the health, safety, and welfare of our youth and most vulnerable residents. (d) State law requires THC product retailers to check the identification of purchasers to verify that they are at least 21 years of age (Minn. Stat. § 151.72, subd. 3(c)), comply with certain packaging and labeling requirements to protect children and youth (Id., subd. 5), and meet certain potency and serving size requirements (Id., subd. 5a). (e) State law authorizes the Board of Pharmacy to adopt product and testing standards in part to curb the illegal sale and distribution of THC products and ensure the safety and compliance of commercially available THC products in the state of Minnesota. (f) State law does not preempt the authority of a local jurisdiction to adopt and enforce local ordinances to regulate THC product businesses including, but not Page 2 of 8 limited to, local zoning and land use requirements and business license requirements. (g) A requirement for a THC product retailer license will not unduly burden legitimate business activities of retailers who sell or distribute THC products to adults but will allow the City of Golden Valley to regulate the operation of lawful businesses to discourage violations of state and local THC Product-related laws. In making these findings and enacting this ordinance, it is the intent of the Golden Valley City Council to ensure responsible THC product retailing, allowing legal sale and access without promoting increases in use, and to discourage violations of THC Product-related laws, especially those which prohibit or discourage the marketing, sale or distribution of THC products to youth under 21 years of age. Sec. 16-551. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance Checks. The system the City uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this article. Compliance checks may also be conducted by the City or other units of government for educational, research, and training purposes, or for investigating or enforcing Federal, State, or local laws and regulations relating to licensed products. Exclusive Liquor Store. An establishment that meets the definition of exclusive liquor store in Minnesota Statutes, section 340A.101, subdivision 10. Licensed Product or THC Product. Any product that contains tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72. Moveable Place of Business. Any form of business operated out of a kiosk, truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Retail Establishment. Any place of business where licensed products are available for sale to the general public, including, but not be limited to, grocery stores, tobacco products shops, convenience stores, gasoline service stations, bars, and restaurants. Sale. Any transfer of goods for money, trade, barter, or other consideration. Self-Service Merchandising. Open displays of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention means the actual physical exchange of the licensed product between the customer and the licensee or employee. Vending Machine. Any mechanical, electric, or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of Page 3 of 8 payment directly into the machine by the person seeking to purchase the licensed product. Sec. 16-552. License. (a) License Required. No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the City. (b) Application. An application for a license to sell licensed products shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk determines that an application is incomplete, they shall return the application to the applicant with notice of the information necessary to make the application complete. A business applicant, at the time of application, shall furnish the City with a list of all persons that have an interest of five percent or more in the business. The list shall name all owners and show the interest held by each, either individually or beneficially for others. It is the duty of each business licensee to notify the City Clerk in writing of any change in ownership in the business. Any change in the ownership or control of the business shall be deemed equivalent to a transfer of the license, and any such license shall be revoked 30 days after any such change in ownership or control unless the licensee has notified the Council of the change in ownership by submitting a new license application for the new owners, and the Council has approved the transfer of the license by appropriate action. Any time an additional investigation is required because of a change in ownership or control of a business, the licensee shall pay an additional investigation fee to be determined by the City. The City may at any reasonable time examine the transfer records and minute books of any business licensee to verify and identify the owners, and the City may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of a licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. (c) Action. The City Council may either approve or deny the application for a license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. If a license application is denied, the earliest an applicant may reapply is 12 months from the date the license is denied. Page 4 of 8 (d) Term. All licenses issued under this article shall be valid for one calendar year from the date of issue. (e) Revocation or Suspension. Any license issued under this article may be revoked or suspended as provided in Section 16-560. (f) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person or business to whom the license was issued. The transfer of any license to another location, business, or person is prohibited. (g) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (h) Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (i) Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a privilege and does not entitle the license holder to automatic renewal of the license. Sec. 16-554. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be established by the City Council and adopted in the City fee schedule, and may be amended from time to time. Sec. 16-555. Ineligibility and Basis for Denial of License. (a) Ineligibility. (1) Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (2) Exclusive Liquor Store. No license shall be issued to an exclusive liquor store as defined in Minnesota Statutes, section 340A.101, subdivision 10. (b) Grounds for Denial. Grounds for denying the issuance or renewal of a license under this article include, but are not limited to, the following: (1) The applicant is under the age of 21 years. (2) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation from holding a license. (3) The applicant has been convicted within the past five years for any violation of a Federal, State, or local law, other ordinance, provision, or other regulation relating to the licensed products, but not including possession or sale of licensed products. Page 5 of 8 (4) The applicant has had a license to sell licensed products suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell licensed products, whether in the City or in another jurisdiction, that has had a license to sell licensed products suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension. (5) The applicant is a business that does not have an operating officer or manager who is eligible pursuant to the provisions of this article. (6) The applicant is the spouse of a person ineligible for a license pursuant to the provision of Subsections (b)(2) and (3) of this section or who, in the judgement of the Council, is not the real party in interest or beneficial owner of the business to be operated, under the license. (7) The applicant fails to provide any information required on the application, or provides false or misleading information. Any false statement on an application, or any willful omission of any information called for on such application form, shall cause an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part thereof. (c) The City shall conduct a background investigation on all new applications and applications to transfer a license. The City may conduct a background and financial check on an application for a renewal of a license if it is in the public interest to do so. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article and the City shall provide the person with a notice of revocation, along with information on the right to appeal. (d) No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. Ch. 278, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. Sec. 16-556. Prohibited Acts. (a) In general. No person shall sell or offer to sell any licensed product: (1) By means of any type of vending machine. (2) By means of self-service merchandising. Page 6 of 8 (3) By any other means, to any other person, on in any other manner or form prohibited by state or other local law, ordinance provision, or other regulation. (b) Legal Age. No person shall sell any licensed product to any person under the age of 21. (1) Age verification. Licensees shall verify by means of government issued photographic identification that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. (2) Signage. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage, which will be provided to the licensee by the City, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. (c) Samples Prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. Sec. 16-557. Additional Requirements. (a) Storage. All licensed products shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Sec. 16-558. Responsibility. All licensees are responsible for the actions of their employees in regard to the sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of the licensee. Nothing in this section shall be construed as prohibiting the City from also subjecting the employee to any civil penalties that the City deems to be appropriate under this ordinance, state or federal law, or other applicable law or regulation. Sec. 16-559. Compliance Checks and Inspections. All premises licensed under this subdivision shall be open to inspection by the City during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks. No person used in compliance checks shall attempt to use a false identification misrepresenting their age. All persons lawfully engaged in a compliance check shall answer all questions about their age asked by the licensee or their employee, and produce any identification, if any exists, for which they are asked. Persons used for the purpose of compliance checks shall be supervised by law enforcement or other designated personnel. Nothing in this article shall prohibit compliance checks authorized Page 7 of 8 by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. Additionally, from time to time, the City will conduct inspections to determine compliance with any or all other aspects of this ordinance. Sec. 16-560. Violations and Penalty. (a) Administrative Civil Penalties—Individuals. If a person who is not a licensee is found to have violated this article, the person shall be charged an administrative penalty as follows: (1) First Violation. The Council shall impose a civil fine not to exceed $50.00. (2) Second Violation Within 12 months. The Council shall impose a civil fine not to exceed $100.00. (3) Third Violation Within 12 months. The Council shall impose a civil fine not to exceed $150.00. (b) Same—Licensee. If a licensee or an employee of a licensee is found to have violated this article, the licensee shall be charged an administrative penalty as follows: (1) First Violation. The Council shall impose a civil fine of $500.00 and suspend the license for not less than 1 day. (2) Second Violation Within 36 Months. The Council shall impose a civil fine of $1,000.00 and suspend the license for not less than 3 consecutive days. (3) Third Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 and suspend the license for not less than 10 consecutive days. (4) Fourth Violation Within 36 Months. The Council shall revoke the license for at least one year. (c) Administrative Penalty Procedures. Notwithstanding anything to the contrary in this section: (1) Any of the administrative civil penalties set forth in this section that may be imposed by the Council, may in the alternative be imposed by an administrative citation under Section 1-9. (2) If one of the foregoing penalties is imposed by an action of the Council, no penalty shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within 10 business days of receipt of the notice or such right shall terminate. Page 8 of 8 (d) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this article. Sec. 16-561. Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. Sec. 16-562. Effective Date. This ordinance becomes effective upon passage and publication. Secs. 16-563—16-599. Reserved. Section 2. 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 3. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 16th day of August 2022. _________________________ Shepard M. Harris, Mayor ATTEST: _________________________ Theresa J. Schyma, City Clerk RESOLUTION NO. 22-070 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 741 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOT THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, Minnesota that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 741 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 16—Licensing to Add Article XIX. Tetrahydrocannabinol Products This is a summary of the provisions of Ordinance No. 741 which has been approved for publication by the City Council. At the August 16, 2022 City Council meeting, the Golden Valley City Council enacted Ordinance No. 741 amending Chapter 16—Licensing to add Article XIX. Tetrahydrocannabinol Products, relating to the regulation and sale of THC products. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Passed by the City Council of the City of Golden Valley, Minnesota on August 16, 2022. _____________________ Shepard M. Harris, Mayor Attested: ________________________ Theresa J. Schyma, City Clerk ORDINANCE NO. 743 AN ORDINANCE AMENDING THE CITY CODE Amending the 2022 Master Fee Schedule for the Addition of Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments 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 2022 Master Fee Schedule of the City Code is hereby amended by adding the following new fees for Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments: Tetrahydrocannabinol (THC) Products $450 Over the counter Section 3. This ordinance shall take effect from and after its passage and publication as required by law. First Consideration August 16, 2022 Second Consideration September 6, 2022 Date of Publication September 15, 2022 Date Ordinance takes effect September 15, 2022 Adopted by the City Council this 6th day of September 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk THC Licensing & Zoning Survey COMMUNITY INPUT REPORT THC Licensing & Zoning Community Input Report Page 1 Contents Overview………………………………………...……………………….………………2 Survey Responses…………………………………...………..…………………….… 3 Appendix A: Paper Surveys…………………………………………………….…..….8 Appendix B: Social Media Reach & Engagement.…………………………………12 THC Licensing & Zoning Community Input Report Page 2 Overview Soliciting public input was a major component of the Golden Valley City Council’s consideration of THC Licensing and Zoning. Staff solicited input from the community through an in-person open house and online survey regarding : •THC sales •THC regulation Open House The City held an open house at Brookview Wed, July 27, 6–8 pm, to gather community input regarding sales of edible THC. Approximately 10 community members attended the event where vendors and community resources set up booths for residents to interact and learn more. A large group discussion was also held where experts presented their opinions and perspectives about what cities should do, what retailers and consumers should know moving forward, and where they would like to see the industry going. Online Survey The survey was active from July 27–Aug 10, 2022, was limited to one response per IP address, and had 293 responses. See survey responses starting on page 3. See Appendix A for paper survey submissions. Social Media Outreach The City posted information and reminders about the open house and survey two times on Facebook, Twitter, and NextDoor between July 22, 2022 and Aug 4, 2022. See Appendix B for reach and engagement details for each post. THC Licensing & Zoning Community Input Report Page 3 Licensing and Zoning 1.Do you think the City of Golden Valley should allow retailers to sell legal THC products? Of the 293 respondents, 274 (94 percent) think the City of Golden Valley should allow retailers to sell legal THC, 18 (6 percent) don’t think so, and 1 (<1 percent) don’t care. 2.Do you think the City of Golden Valley should require a license for retailers selling legal THC products? Of the 293 respondents, 171 (58 percent) think the City of Golden Valley should require a license for retailers selling THC products, 73 (25 percent) don’t think so, and 49 (17 percent) don’t care. THC Licensing & Zoning Community Input Report Page 4 3.Do you think the City of Golden Valley should regulate where THC products are sold? Of the 293 respondents, 119 (41 percent) think the City of Golden Valley should regulate where THC products are sold, 138 (47 percent) don’t think so, and 36 (12 percent) don’t care. THC and CBD Use 4.Have you ever used or purchased CBD products? Of the 293 responses to this question, 187 (64 percent) have use or purchased CBD products, 90 (31 percent) have not, and 16 (5 percent) preferred to not to answer. THC Licensing & Zoning Community Input Report Page 5 5.Have you ever used or purchased THC products? Of the 293 respondents who answered this question, 178 (61 percent) have used or purchased THC products, 95 (32 percent) have not, and 20 preferred not to answer. Other 6. I think the City of Golden Valley should have more engagement opportunities for the community about (choose all that apply) Of the 227 responses this question, Small business impact/opportunity with THC sales was the most commonly chosen answer (187 answers), followed by Public health and THC (119 answers), and Race equity issues in THC sales historically and present-day (114 answers). THC Licensing & Zoning Community Input Report Page 6 Demographics 7. Please select your age range. Of the 293 respondents who answered this question, 92 (31 percent) are in the 35–44 age range, 70 (24 percent) are in the 45–54 age range, 54 (18 percent) are in the 55–64 age range, 44 (15 percent) are in the 25–34 age range, 27 (9 percent) are in the 65+ age range, and 6 (2 percent) are in the 18–24 age range. No respondents are under age 18. 8.Please select your racial identity. Of the 291 respondents who answered this question, 253 (87 percent) identify as White or Caucasian, 14 (5 percent) identify as two or more races, 13 (4 percent) identify as Black or African American, 7 (2 percent) identify as another race, 5 (2 percent) identify as Asian or Asian American, 4 (1 percent) identify as Hispanic or Latino, and 1 (<1 percent) identify as Native Hawaiian or other Pacific Islander. No respondents identify as American Indian or Alaska Native. THC Licensing & Zoning Community Input Report Page 7 9. How did you find out about this survey? Of the 293 respondents who answered this question, 227 (77 percent) found out about this survey via social media, 45 (15 percent) via the City of Golden Valley website, 20 (7 percent) via word of mouth, 4 (1 percent) via flyers at retailers/community, and 2 (1 percent) via email . APPENDIX A Paper Surveys Page 8 1.Do you think the City of Golden Valley should allow retailers to sell legal THC products? ji!Yes□No□I don't care 2.Do you think the City of Golden Valley should require a license for retailers selling legal THC products?J2f Yes□No□I don't care 3.Do you think the City of Golden Valley should regulate where legal THC products are sold? ,,r'Yes □No□I don't care 4.Have you ever used or purchased CBD products?,,E] Yes□No□Prefer not to answer 5.Have you ever used or purchased THC products? yYes □No□Prefer not to answercity of goldenll va ev ./ 6.I think the City of Golden Valley should have more engagement opportunities for the community about (choose all that apply}:□public health and THCJ!f race equity issues and THC sales, historically and present day □small buiness impact/ opportunity with THC sales 7.Please select your age range.□Under 18 □45-54□18-24 □55-64□25-34 □65+ ¢'35-44 8.Please select your racial identity:□American Indian or Alaska Native□Asian or Asian American□Black or African American□Hispanic or Latino□Native Hawaiian or ,,,,( other Pacific Islander � White or Caucasian □ Another race□Two or more races 9.How did you find out about this event?□Social media/Facebook□Email□City of Golden Valley website □Flyer at retailer/community J5 Word of mouth 1.Do you think the City of Golden Valley should allow retailers to sell _leW-1 THC products? _;E, Yes □No□I don't care 2.Do you think the City of Golden Valley should require a license for !e�ilers selling legal THC products? 'Jg. Yes□No□I don't care 3.Do you think the City of Golden Valley should regulate where legal THC products are sold? _)(Yes□ No □I don't care 4.Have you ever used or purchased CBD products? �Yes□No□Prefer not to answer 5.Have you ever used or purchased THC products? �Yes□No□Prefer not to answer 6.I think the City of Golden Valley should have more engagement opportunities for the community about (choose all that apply):□public health and THC□race equity issues and THC sales, historically and present day□small buiness impact/ opportunity with THC sales 7.Please select your age range.□Under 18 □45-54□18-24 □55-64□25-34 's. 65+□35-44 / 8.Please select your racial identity:□American Indian or Alaska Native□Asian or Asian American□Black or African American□Hispanic or Latino□Native Hawaiian or other Pacific Islander � White or Caucasian□Another race□Two or more races 9.How did you find out about this event? � Social media/Facebook□Email□City of Golden Valley website□Flyer at retailer/community□Word of mouthcity of goldenll va ev ./ 1.Do you think the City of Golden Valley should allow retailers to sell legal THC products? CY"Yes□No □I don't care 2.Do you think the City of Golden Valley should require a license for re��s selling legal THC products? �es �'tcare 3.Do you think the City of Golden Valley should regulate where legal THSJ>roducts are sold? !!:('Yes□No □I don't care 4.Have you ever used or purchased CBg_ptoducts? �Yes□No □Prefer not to answer 5.Have you ever used or purchased TH<;,pfoducts? ff Yes□No □Prefer not to answer 6. I think the City of Golden Valley should have more engagement opportunities for the community about (choose all that apply): □public health and THC □race equity issues and THC sales, historically and present day □small buiness impact/ opportunity with THC sales 7.Please select your age range.□Under 18 □ .,,45-54□18-24 if 55-64 0 25-34 0 65+□35-44 8.Please select your racial identity:□American Indian or Alaska Native □ Asian or Asian American □Black or African American□Hispanic or Latino □Native Hawaiian or fther Pacific IslanderB" White or Caucasian□Another race □Two or more races 9.How did you find out about this e'!e!}t-Y' if Social media/Facebook□Email □City of Golden Valley website Flyer at retailer/community Word of mouth APPENDIX B Social Media Reach & Engagement Page 12 SOCIAL MEDIA REACH AND ENGAGEMENT THC Licensing and Zoning Reach = Number of people who saw the post Engagement = Number of people who interacted with the post July 22, 2022 PLATFORM REACH ENGAGEMENT LIKES SHARES/RETWEETS COMMENTS Facebook 909 44 3 3 0 Twitter 212 13 3 1 0 July 27, 2022 PLATFORM REACH ENGAGEMENT LIKES SHARES/RETWEETS COMMENTS Facebook 1290 199 4 5 0 July 28, 2022 PLATFORM REACH ENGAGEMENT LIKES SHARES/RETWEETS COMMENTS Twitter 108 17 0 0 0 Aug 4, 2022 PLATFORM REACH ENGAGEMENT LIKES SHARES/RETWEETS COMMENTS Facebook 617 30 0 0 0 Twitter 212 16 4 3 0 Event Event Time Location AUGUST Thursday, August 18 Building An Equitable Golden Valley Quarterly Conversation: Affordable Housing 6:00 PM - 7:15 PM Hybrid event - PRISM 1220 Zane Ave N Sunday, August 21 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Thursday, August 25 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Sunday, August 28 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus SEPTEMBER Saturday, September 3 Be The Change Golf Tournament 10:00 AM Theodore Wirth Golf Course Sunday, September 4 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, September 5 City Offices Closed for Observance of Labor Day Tuesday, September 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Swearing-In Reception for Police Chief Virgil Green 6:30 PM (immediately following City Council Meeting) Brookview Sunday, September 11 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 13 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, September 18 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 20 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, September 22 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Sunday, September 25 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Wednesday, September 28 Franklin Center Ribbon Cutting Ceremony (newly remodeled campus)11:30 AM Franklin Center 1001 Boone Avenue North OCTOBER Thursday, October 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, October 11 Council Work Session 6:30 PM Hybrid - Council Chambers Review of Council Calendar