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12-06-22 City Council AgendaDecember 6, 2022 — 6:30 PM Council Chambers Hybrid Meeting 1. Call to Order 1A. Pledge of Allegiance and Land Acknowledgement 1B. Roll Call 1C. City Council Statement Regarding the Recently Released Findings of the Independent Investigation 1D.Receive and approve the 2022 Allocations for the Golden Valley Human Services Commission 1E. Certificate of Appreciation for Outgoing Commissioner Dan Freeman of the Three Rivers Park District Board 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. 3A. Approval of Meeting Minutes - Special City Council Closed Executive Session of November 9, 2022 3B.Approval of Check Register 3C. Licenses: 3C.1. Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd School 3D. Bids, Quotes, and Contracts: 3D.1.Award Contract for Tree Trimming and Removal to Sorenson Tree Service, LLC in a form CITY COUNCIL 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 2468 282 3823. Members of the public wishing to address the Council remotely have two options: Via web stream - Strea m via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting cod e 2468 282 3823. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting December 6, 2022 — 6:30 PM 1 approved by the City Attorney 3E. Grants and Donations: 3E.1. Receive and File the 2022 Annual Grant Funding Update 3E.2. Adopt Resolution No. 22-104 to Authorize Application for the Minnesota Active Transportation (AT) Program Grant: (1) Winnetka Avenue and 23rd Avenue Pedestrian Crossing Improvements and (2) Zane Avenue Sidewalk 3E.3. Approve Resolution No. 22-112 and Authorize the Mayor and City Manager to Sign a Funding Agreement for the Toward Zero Death (TZD) Grant Program in a Form Approved by the City Attorney 3F.Adopt Resolution No. 22-105 Supporting the French Regional Park Master Plan 3G.Authorize the Mayor and City Manager to Sign PUD Permit No. 58, Amendment #2 for McDonalds 3H.Adopt Resolution No. 22-106 Granting City Council Consent for Housing and Redevelopment Authority (HRA) Levy Payable in 2023 3I.Adopt Resolution No. 22-107 Authorizing the 2023-2032 Capital Improvement Program 3J.Approve Resolution No. 22-108Â Adopting the 2023-2024 Budget for Enterprise, Special Revenue and Internal Service Funds 3K.Adopt Resolution No. 22-111 Designation of 2023 Polling Places 4. Public Hearing 4A.Public Hearing and Approve Resolution No. 22-109 Adopting the 2023 Budget of the General Fund Budget and Resolution No. 22-110 Adopting the Property Tax Levies for Taxes Payable in 2023 4B.Public Hearing and Adoption of Ordinance No. 753 - Zoning Text Amendment in Order to Revise the Term Lengths for Members of the Board of Zoning Appeals 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. 6A.Second Consideration of Ordinance No. 751, Board and Commission Term Limits, Resolution No. 22-113 6B.Second Consideration of Ordinance No. 752, Amending the City Code to Change the Human Services Commission (HSC) to a New Community Services Commission (CSC) and Approve Community Services Commission Bylaws 6C. Review of Council Calendar 6D. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment City of Golden Valley City Council Regular Meeting December 6, 2022 — 6:30 PM 2 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 1D. Receive and approve the 2022 Allocations for the Golden Valley Human Services Commission Prepared By Brian Erickson, Recreation Supervisor Summary The Human Services Commission (HSC) met on October 10, 2022 to review funding requests. At the November 14, 2022 meeting, the following requests were received and approved by the HSC. Agency Request Recommended allocation Crisis Nursery $ 8,000 $ 2,000 CEAP $ 10,000 $ 6,500 PRISM $ 20,000 $ 16,100 Senior Services HOME $ 8,000 $ 7,000 Senior Services Outreach $ 6,500 $ 6,500 Sweet Potato Comfort Pie $ 10,000 $ 1,500 Sojourner Project $ 7,500 $ 5,500 YMCA - New Hope $ 2,500 $ 1,400 Damascus Way $ 5,000 $ 2,700 HUG $ 5,000 $ 5,000 The Bridge for Youth $ 5,000 $ 4,000 Resource West $ 3,500 $ 1,800 TOTAL $ 91,000 $ 60,000 Agencies will be directed to use the funds for program costs for Golden Valley residents, when possible. Aaron Black, Chair, will be at the meeting to review the Allocation Report and recap the 2022 activities. Legal Considerations None Equity Considerations None Recommended Action Motion to receive and file the 2023 Allocation Report and for staff to notify the twelve agencies of 3 their 2023 allocation amount. 4 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES 1.Call Closed Session to Order Mayor Harris called the meeting to order at 5:03 pm. Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere- Anderson, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, and City Attorney Cisneros Others present: LMCIT Attorneys Hannah Felix, Joseph Neubauer, and Jeanna Sather This meeting was closed as permitted by Minn. Stat. § 13D.05, subd. 3(b)for the purpose of providing legal advice and discussing litigation strategies regarding pending litigation. No public business was discussed at this closed meeting pursuant to the statute. 2.Closed Session to discuss litigation strategies in the case titled Maertens v. City of Golden Valley 3.Closed Session to discuss litigation strategies in the case titled Howard v. City of Golden Valley 4.Adjournment The Closed Executive Session was adjourned by unanimous consent at 6:09 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk November 9, 2022 –5:30 pm Manager’s Conference Room Golden Valley City Hall 5 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3B. Approval of Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. 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: 11-23-22 Check Register 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 pad by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 6 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3C.1. Gambling License Exemption and Waiver of Notice Requirement – Good Shepherd School Prepared By Theresa Schyma, City Clerk Summary The Good Shepherd School, 145 Jersey Avenue South, has applied for a Gambling License Exemption to conduct gambling (raffle) at their annual gala event at the Golden Valley Country Club, 7001 Golden Valley Road, on March 11, 2023. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Good Shepherd School, 145 Jersey Avenue South, for a raffle at their annual gala event at the Golden Valley Country Club on March 11, 2023. 7 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3D.1. Award Contract for Tree Trimming and Removal to Sorenson Tree Service, LLC in a form approved by the City Attorney Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Tim Teynor, City Forester Summary The City contracts for tree trimming and removal when city staff is unable to perform the work due to hazardous conditions, scope of work is beyond staff’s capabilities, or specialized equipment is required. The current contract expires December 31, 2022. Staff received five quotes to trim and remove trees for 2023 and 2024. The results are as follows: A+A Tree & Landscaping $206,900 Bratt Tree Company $101,025 J&D Landscaping $413,050 Nichols, LLC $281,325 Sorenson Tree Service $68,164 Financial or Budget Considerations The total quote for the two-year contract is $136,328 or $68,164 annually based on estimated quantities. The proposed 2023 and 2024 Forestry operating budget (1646.6440) includes $110,000 in 2023 and $125,000 in 2024 for tree trimming and removals. Legal Considerations The City Attorney has reviewed and approved the contract. Equity Considerations Staff solicited quotes from sixty-seven professional tree contractors, including fifty-three Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database. Recommended Action Motion to authorize the Mayor and City Manager to execute Contract for Tree Trimming and Removal with Sorenson Tree Service, LLC in the form approved by the City Attorney to trim and remove trees. 8 Supporting Documents Contract for Tree Trimming and Removal with Sorenson Tree Service, LLC 9 1 CONTRACT FOR TREE TRIMMING AND REMOVAL WITH SORENSON TREE SERVICE, LLC THIS AGREEMENT is made this 6th day of December 2022 (the “Effective Date”) by and between Sorenson Tree Service, LLC, a tree care company with its principal place of business at 2500 County Road B West, Saint Paul, MN 55113 (“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 trimming, collecting, removing, and disposing of trees. B. The City desires to hire Contractor to trim, collect, remove, and dispose of trees. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractorto provide the workdescribed in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE,in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s authorized agent according to the schedule set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth in the attached Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of projects undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 10 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the Contract Price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary specifications All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into the Contract Price, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9.Acceptance of the Work. All of Contractor’s work and labor shall be subject to the inspection and approval of the City. The City’s authorized agent shall be the sole and final judge of the fitness of the Work and its acceptability. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of the Work. No payment shall be made to Contractor until the Work has been accepted. 11 3 10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to this Agreement. 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. Contractor 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 Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 12.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 13.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 14.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, 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. Contractor 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. 12 4 15.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’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 actionsof any kind,nature, or character; damages; losses; andcosts, 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 Contractor’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 Contractor, or arising out of Contractor’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. 16.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Before it may perform any Work under this Agreement, Contractor shall procure and maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i.Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii.Personal and advertising injury; iii.Damages because of physical damage to or destruction of property, including loss of use of such property; iv.Bodily injury or property damage arising out of completed operations; and v.Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 13 5 17.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 18.Performance and Payment Bond.Prior to Commencement of the Work, Contractor shall make, execute and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of $68,164.00 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. 19.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor 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 Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 20.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work, whichContractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work 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. Contractoris 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 Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, includingbut not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, 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, as well as 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. Contractor agrees and understands that a 14 6 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. 22.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24.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. 25.Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 26.Conflict of Interest.Contractor 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, Contractor 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 Work. 27.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor 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. Contractoragrees 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 Contractor 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. 29.No Discrimination.Contractor agrees not to discriminate in providing the Work 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. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, 15 7 including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Mike Sorenson, or designee who shall perform or supervise the performance of all Work. 31.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Sorenson Tree Service, LLC 2500 County Road B West Saint Paul, MN 55113 Mike.sorenson@sorensontree.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 32.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. 33.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. 34.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 16 8 35.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. 36.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 Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 37.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 38.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. SORENSON TREE SERVICE,LLC:CITY OF GOLDEN VALLEY: By: _________________________________ Michael Sorenson, Owner By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 17 9 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor and equipment necessary for tree trimming, tree and stump removal, disposal, and restoration. The Work shall occur on public property but may occur on private property with the City’s authority. 2.Schedule.Contractor shall complete the Work according to the following schedule: a. Phase 1 – January 1, 2023 to December 31, 2023 b. Phase 2 – January 1, 2024 to December 31, 2024 Contractor shall complete the Work to minimize inconvenience to residents, businesses, and the traveling public. The City’s authorized agent shall issue a work order to perform the Work. The work order shall include the location, species, and size of trees to trim or remove. The Contractor shall submit a schedule to the City’s authorized agent for review and approval within three (3) business days from the issuance of the work order. The Contractor shall begin the Work within one (1) week from the issuance of the Work order and be completed within ten (10) consecutive working days as defined by MnDOT Specification 1103. The City’s authorized agent may require Work to be done at other times if it is deemed to be in the best interest of the City. No request for additional compensation due to this requirement will be accepted. Failure to have the Work completed under these requirements shall result in the City charging theContractor, and withhold from any monies due to Contractor, liquidated damages in the amount of $250 per calendar day until all the Work is completed. 3.Tree Marking. Trees to be removed shallbe marked with an orange(elm, oak) or green (ash)band around the trunk. A work order for tree removal shall include the status of each tree, size, and date it shall be removed. A work order for tree trimming shall include the address, species, and diameter. 4.Tree Removal.Tree removalshall include, but not be limited to, removal of tree and stump, debris, utility coordination, disposal at a site selected by the Contractor and approved by the City’s authorized agent, and restoration as described herein. No trees, logs, branches, or debris shall be left on public right-of-way or private property overnight. 5.Private Property/Forced Removal. The City has the authority to order property owners to remove infected trees located on private property to prevent spread of diseased trees. Upon notification that a tree is diseased, the property owner may choose to remove the tree with their own contractor or the City, after 20 days, will remove the tree. Tree removals conducted on private property will be classified as “Forced Removals". Forced Removal operations will be restricted to curbside. No vehicular machinery or equipment will be allowed on premises without the permission of the property owner. Tree(s) must be removed by manual labor and all work performed will be subject to the contract requirements and specifications herein. Removals on private property shall be completed the same day they are started. Written permission must be obtained to use adjacent property for access to and from the work site. 18 10 6.Stump Removal and Restoration. Stumps on public property must be removed by chipping/grinding a depth of not less than six (6) inches below ground level. The above ground portion shall be debarked if the stump cannot be removed by chipping. Surface roots larger than two (2) inches in diameter will be chipped or removed by ax to a depth of not less than four (4) inches below ground level. Any mound left by the stump or surrounding turf shall be chipped (or spaded) in such a manner as to level the entire area of the removed stump. The contractor shall remove all debris caused by the stump removal operation. Stumps on private property shall be cut flush to the ground. If this is impossible, the above ground portion shall be debarked, and the excess material removed. The contractor shall contact the owner indicating the availability and cost of such services if complete stump removal is desired by the property owner. A separate agreement for stump removal shall be made between the contractor and the property owner with no affiliation to the Work. Stumps shall be removed properly within two (2) weeks of the tree removal. In no case shall a stump hole not be filled properly with black dirt for longer than twenty-four (24) hours. The contractor will furnish and spread a minimum of four (4) inches of topsoil meeting the requirements of MnDOT Specification 3877.2.C Premium Topsoil over the area of the removed stump in such a manner so as not to leave a depression and plant grass seed in this area. 7.Tree Trimming. Tree trimming shall be done in a competent manner in accordance with the National Arboriculture Standards from the American National Standards Institute and International Society of Arboriculture and subject to the approval of the City’s authorized agent. Tree trimming shall improve the natural health and appearance by eliminating present conflicts while preventing future problems. All aspects of the tree trimming shall be related to the shaping of the tree to its natural and characteristic form. No "topping" of the tree shall be allowed. The trimming shall primarily involve a thinning operation including: a. Removal of dead, diseased, damaged, or weakened branches b. Removal of water sprouts and suckers on the trunk and main scaffold branches c. Removal of other competing and interfering branches such as: i.Branches growing in toward the center of the crown ii.Branches competing with the main leader(s) iii.Branches occupying space in the periphery of the crown required by other branches for development d. Removal of low hanging branches and limbs including those interfering with private property vegetation or structures e. Removal of old pruning stubs and re-cutting or shaping of old pruning wounds or injuries 8.Disposal/Disease and Pest Control.Contractor may collect, transport, and deposit collected debrisat the City Designated Collection Facility located at 9305 10th Avenue North, Golden Valley, MN 55427. Contractor shall make reasonable efforts to keep the areas outside of the designated storage site at theCity Designated Collection Facility free of debris. Contractor shall stack the debris in an organized manner such that the debris is oriented in a uniform direction for efficient transfer. Trees, logs, wood, limbs, branches, and brush designated as being infected with Dutch Elm or Oak Wilt diseases shall be removed and promptly disposed of to a Minnesota Department of Natural Resources approved disposal 19 11 site in accordance with the prescribed practices approved by the Commissioner of the Minnesota Department of Natural Resources or debarked, chipped, burned or buried within 24 hours from the time of removal. 20 12 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2.Safety Precautions and Accident Prevention. Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereto. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. Contractor shall be responsible for all safety issues on this project. Contractor shall comply with instructions from the City for implementing any additional safety-related requirements. 3.Temporary Traffic Control Devices. Contractor, at its own expense, shall furnish and deploy temporary traffic control signs and devices in accordance with the provisions of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) when the Work occurs on or adjacent to any street, alley or public place. Contractor shall, at Contractor’s own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the work as is necessary. A sufficient number of devices shall be erected to keep vehicles from driving into the work zone and to warn pedestrians and children of the existence of the Work. Contractor shall be responsible for all damages, costs to repair, fees or other losses due to failure of barricades, signs, or lights. Contractor shall be solely responsible for the maintenance of barricades, signs and devices. 4.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with the Minnesota Department of Transportation (“DOT”) requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any finesor penaltiesincurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 5.Hours of Operation. Contractor shall perform the Work Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. 6.Notification. The Contractor shall notify the City’s authorized agent 24 hours prior to commencing any part of the Work. 7.Noise Elimination. Contractor shall eliminate noise to the greatest extent possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 21 13 8.Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. 9.Contract Time Extension.Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in thisAgreement.If Contractor determines it is impossible to complete the Work within the Contract Time, Contractor shall request an extension from the City, in writing, prior to end of the Contract Time. Contractor’s extension request shall detail fully in the reasons for the requested extension. The City, in its sole discretion, may grant or deny Contractor’s extension request. The City will only grant extension requests if the Workhas been delayed by circumstancesbeyond Contractor’scontrol, or if theMaterial quantities substantially exceed the estimated quantities. 10.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, the cost of losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. 11.Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as, public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. 12.Utility Conflicts.Contractor shall coordinate its efforts with private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Workto promptly relocate, remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the Work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 13.Mobilization (2021). The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit C. No additional compensation will be considered for mobilization. 22 14 14.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal damage to the Work and affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 15.Protection and Restoration of Property. Where the work passes over or through private property, the City may secure license, right of entry, right-of-way agreement or easement. The Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right of entry, right-of-way or easement. The Contractor shall, at the Contractor’s own expense, protect and restore any public or private property damaged or injured in consequence of any act or omission on the Contractor’s part or on the part of the Contractor’s employees, to a condition equal to or better than that existing before such damage or injury was done. If the Contractor neglects to restore or make good such damage or injury, the City may, upon forty-eight (48) hours notice, proceed to restore or make good such damage or injury and to order the cost thereof deducted from any monies that are or may come due the Contractor. 16.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: a. Special Conditions herein Exhibit A, B, and C. b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. c. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. d. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 17.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by the Work, including but not limited to, cutting, breaking, wounding or scraping of trunks and branches; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent Oak Wilt disease and Emerald Ash Borer infestation.Contractor shall also notify the City’s authorized agentimmediately of any damaged branches. Wound dressing will not be permitted for any other situation other than oaks or ashes damaged by construction before July 1. Contractor shall coordinate all such work with the City’s authorized agent. 18.Turf Establishment (2575). Turf establishment shall be performed in accordance with the Provisions of MnDOT Specification 2575, except as modified herein. Four inches (4”) of topsoil meeting the requirements of MnDOT Specification 3877 shall be included in the unit price. The Contractor shall take reasonable measures to ensure topsoil is placed to the thickness required. Topsoil provided shall be free of debris, rocks in excess of one half-inch diameter, large organic material or other materials that do not contribute to plant growth. Evidence of such deleterious materials shall be cause for rejection and replacement at Contractor expense. 23 15 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Section A: Public Property Tree Trimming Description Units Estimated Quantity Price/Unit Bid Amount Under 10” Diameter at Breast Height (DBH)Tree 5 $125.00 $625.00 11” –20” DBH Tree 15 $165.00 $2,475.00 21” –30” DBH Tree 15 $350.00 $5,250.00 31” –40” DBH Tree 10 $550.00 $5,500.00 41” –50” DBH Tree 10 $745.00 $7,450.00 Over 51” DBH Tree 5 $965.00 $4,825.00 Total Section A Base Bid $26,125.00 24 16 Section B: Public Property Tree Removal Description Units Estimated Quantity Price/Unit Bid Amount Under 10” Diameter at Breast Height (DBH)Tree 15 $215.00 $3,225.00 11” –20” DBH Tree 20 $415.00 $8,300.00 21” –30” DBH Tree 20 $545.00 $10,900.00 31” –40” DBH Tree 10 $975.00 $9,750.00 41” –50” DBH Tree 2 $1,215.00 $2,430.00 Over 51” DBH Tree 2 $1,827.00 $3,654.00 Total Section B Base Bid $38,259.00 Section C: Private Property Tree (“Forced”) Removal Description Units Estimated Quantity Price/Unit Bid Amount Under 15” Diameter at Breast Height (DBH)Tree 1 $350.00 $350.00 16” –25” DBH Tree 1 $650.00 $650.00 Over 26” DBH Tree 1 $780.00 $780.00 Total Section C Base Bid $1,780.00 Section D: Stump Removal Description Units Estimated Quantity Price/Unit Bid Amount Stump Removal Inch 500 $4.00 $2,000.00 Total Section D Base Bid $2,000.00 Total Base Bid (Sections A, B, C, and D)$68,164.00 25 EXECUTIVE SUMMARY Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3E.1. Receive and File the 2022 Annual Grant Funding Update Prepared By Myles Campbell, Planner Sue Virnig, Finance Director Summary Since 2012, staff has tracked grants received by the City and since 2014 also provided an annual report on these awards. The purpose for this report is to provide a better understanding of how the City is utilizing external funding sources on a year-over-year basis. While grant funding is partially dependent on having an eligible project/use as well as the availability of staff time, its still good practice to track these items even if the totals are expected to differ annually. These sources of funding play a large role in the City’s operations, off-setting overall expenditures, and often allowing additional opportunities for staff training, funding for large-scale public improvements, and bringing in specialists to assist on projects. Tracking – 2022 Attached with this memorandum, staff has compiled a list of the grants applied for and grants received going back to 2012. In 2022, the City received $1,458,907 in funding from external sources. Looking back over the last 10 years to 2013, this comes to a total of $19,182,932. Year Funding Total 2013 $ 948,350 2014 $ 793,385 2015 $ 1,040,175 2016 $ 1,118,750 2017 $ 1,378,101 2018 $ 3,534,018 2019 $ 434,240 2020 $ 6,845,962 2021 $ 1,631,044 2022 $ 1,458,907 TOTAL $19,182,932 26 The 2022 figure reflects those grants awarded and accepted in this calendar year, although this provides only a partial picture of grant funds given that in many cases funding can be spread over a period of a few years. For 2022, some of the major highlights and unique funding opportunities are provided below: The Reimagining Public Safety Through Collaborative Solutions Grant from the Pohlad Foundation was accepted in early 2022, and has already been used to support engagement efforts this year. The grant as a whole is $250,000. Grants from both the Metropolitan Council and Department of Employment and Economic Development will combine for $1,108,725 towards site clean up activities at the future Golden Valley Business Center on Douglas Drive. $16,901 dollars from Hennepin County and H&R Block are helping to support the creation of a Community Garden at Medley Park. In addition to these opportunities, the City continues to find success in receiving funding from some of our consistent funding sources. Examples of this include the Minnesota Pollution Control Agency funding to cover the costs for a full-time Greencorps staff member, and this year also added a Forestry staffer through AmeriCorps. The Fire Department also received training from the Minnesota Board of Firefighter Training and Education, and the cost of a summer intern in the Physical Development Department was also supported by a grant from Minnesota Economic Development Foundation. Financial or Budget Considerations Proactive grant work and management is a highly effective tool for supplementing the City’s expenditures. Legal Considerations None for the Annual Update, although individual grants may require staff time from City's Legal Department. Equity Considerations Grants can be an effective funding source to allow the city to pursue its goals around diversity, equity, and inclusion such as in the case of the Pohlad Foundation Grant this year. Recommended Action Motion to Receive and File the 2022 Annual Grant Funding Update Supporting Documents Grants Awarded by Department 2012-2022 27 Grants Awarded to the City of Golden Valley, by Department, 2012-2022 Physical Development Date Granting Agency/Fund Project Amount 2012 Minnesota Department of Natural Resources Community Forest Grant Removal of trees infested with Emerald Ash Borer and replanting for both Emerald Ash Borer and damage from 2011 tornado $15,000 2012 Minnesota Department of Transportation Roadside Landscape Program Lilac plantings as well as other tree and shrub plantings along major highways $7,616 2012 Metropolitan Council Environmental Services Legacy Clean Water Fund Act Help homeowners repair their sanitary sewer service and reduce inflow and infiltration $430,000 2012 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $206,000 2013 Hennepin County Pedestrian and Bicycle Capital Improvement Program Golden Valley Road Bikeway Feasibility Study $20,000 2013 MnDOT Municipal Agreement Program Hwy 55 and Winnetka Intersection Improvement Project $702,000 2013 Hennepin County Pedestrian and Bicycle Capital Improvement Program Winnetka Avenue Streetscape Rehabilitation Project to convert paver brick sidewalk to concrete sidewalk $50,000 2014 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $65,000 2014 Hennepin County Pedestrian and Bicycle Capital Improvement Program Glenwood Avenue Sidewalk Extension $50,000 2014 Hennepin County Environmental Response Fund Soil remediation work in preparation for Xenia Apartment project $102,000 2014 Metropolitan Council Tax Base Revitalization Account Soil remediation work in preparation for Xenia Apartment project $92,400 2014 MN Department of Employment and Economic Development Soil remediation work in preparation for Xenia Apartment project $111,721 2015 Hennepin County HOME Investment Partnerships Program Fill financing gap for Cornerstone Creek project to build 43 affordable units to adults with disabilities $325,000 2015 Hennepin County Community Development Block Grant Fill financing gap for Cornerstone Creek project to build 43 affordable units to adults with disabilities $290,229 2015 Hennepin County Community Development Block Grant Pesch Place rehabilitation work on a 5-units residential building for adults with disabilities at 2000 Mary Hills Drive $60,796 2015 Hennepin County Environmental Response Fund Grant Soil Investigation and Remediation for Decola Ponds Flood Mitigation Project $300,000 2015 Hennepin County Pedestrian and Bicycle Capital Improvement Program Wayzata Boulevard Bikeway Feasibility Study $15,000 2015 Local Operational Research Assistance Program Fabricate specialty equipment $3,500 2016 Minnesota Pollution Control Agency Funds cost of consultant to assist staff with Sustainability and Resilience Chapter of the Comprehensive Plan $15,000 2016 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000 2016 DNR Flood Damage Reduction Grant Acquire/remove flood prone home near Olympia and Mendelssohn $300,000 2017 DNR Flood Damage Reduction Grant Acquire/remove three flood prone homes near Olympia and Mendelssohn $381,800 2017 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $60,000 2017 Hennepin County Affordable Housing Incentive Fund Acquisition and rehabilitation of homes in Hennepin County for community land trust with Homes Within Reach $200,000 2017 MnDOT Local Road Improvement Program 10th Avenue culvert reconstruction $590,000 2017 Metropolitan Council Environmental Services Inflow and Infiltration Grant I/I mitigation work $197,322 2018 MN Department of Employment and Economic Development Soil contamination clean-up for Global Pointe Senior Living $421,093 2018 DNR Flood Damage Reduction Grant DeCola Ponds B and C project $2,300,000 2018 Hennepin County Community Development Block Grant Pesch Place rehabilitation work on a 5-units residential building for adults with disabilities at 2000 Mary Hills Drive $68,000 2018 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $100,700 2018 Hennepin County Affordable Housing Incentive Fund Acquisition and rehabilitation of homes in Hennepin County for community land trust with Homes Within Reach $100,000 2018 Hennepin County Health Community Planning Partnership Project Grant Demonstrate how Luce Line can better connect to Downtown Golden Valley to promote active living $7,625 2019 DNR Conservation Partners Legacy Program Habitat restoration at Bassett Creek Nature Area $50,000 2019 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000 2019 Minnesota Housing Affordable Housing Capacity Building Grant $22,000 2020 Hennepin County Community Development Block Grant Acquisition and rehabilitation of a home for community land trust with Homes Within Reach $150,000 2020 DNR Conservation Partners Legacy Program Habitat Restoration at Pennsylvania Woods Nature Area $50,000 2020 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000 2020 Hennepin County Environment and Energy SCORE Recycling Grant (Recycling $32,600; Organics $4,300) $36,900 2020 MNDoT State Aid – Capital Bonding Bill (October Special Session) Construction of Underpass and Mini Roundabout at Douglas and Hwy 55 $6,500,000 28 Date Granting Agency/Fund Project Amount 2020 Hennepin County Elections CARES Grant Additional funding to support elections during pandemic $8065 2021 DNR Flood Damage Reduction Grant SEA School-Wildwood Park Flood Storage Project $1,300,000 2021 Metropolitan Council Environmental Services Inflow and Infiltration Grant Fund infrastructure improvements to reduce inflow and infiltration $136,955 2021 Hennepin County Environment and Energy SCORE Recycling Grant (Recycling $35,552 Organics $4,335) $39,887 2021 DNR Conservation Partners Legacy Program Briarwood Nature Area Habitat Restoration $50,000 2021 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000 2021 Minnesota Economic Development Foundation Reimbursement for Physical Development Summer Intern $1,000 2022 Metropolitan Council Tax Base Revitalization Account Contamination Cleanup for Golden Valley Business Center $464,400 2022 MN Department of Employment and Economic Development Contamination Cleanup for Golden Valley Business Center $644,325 2022 Minnesota Pollution Control Agency GreenCorps Member full-time service year at City Hall $75,000 2022 Minnesota Economic Development Foundation Reimbursement for Physical Development Summer Intern $1,000 Public Works Date Granting Agency/Fund Project Amount 2020 Hennepin County Healthy Tree Canopy Grant Document the condition and location of Ash trees on public property $6,000 2022 The Corporation for National and Community Service Americorps Forestry Services Staffer In-kind work (239 hours) Police Date Granting Agency/Fund Project Amount 2013 MN Department of Commerce Auto theft prevention program for the purchase, installation and implementation of an automated license plate reader $30,000 2015 MN Department of Commerce Auto theft prevention program for the purchase, installation and implementation of a second automated license plate reader $23,185 2020 MN DPS Toward Zero Deaths Grant Overall reduction of traffic related deaths and injuries $2,931 2022 Pohlad Foundation Reimagining Public Safety Through Collaborative Solutions $250,000 Parks and Recreation Date Granting Agency/Fund Project Amount 2013 Hennepin Youth Sport Program New Soccer Goals $10,000 2013 Hennepin Youth Sport Program Wildwood Park – Play Structure $50,000 2013 Gametime, Inc. Brookview Park – Play Structure $72,000 2014 United States Tennis Association Tennis Court Lines $1,250 2014 Gametime, Inc. Hampshire Park – Play Structure $20,495 2014 Hennepin Youth Sport Program Sandburg – Athletic facility $325,000 2016 Three Rivers Park District Schaper Park Challenge Course $325,000 2016 Minnesota Wisconsin Playground Schaper Park Challenge Course $50,000 2016 Paul’s Pals Schaper Park Inclusive Playground $35,000 2016 Golden Valley Rotary Club Schaper Park Inclusive Playground $6,500 2016 Hennepin Youth Sport Program - Facility Field lighting at Isaacson Park $300,000 2016 United States Tennis Association Tennis Courts at Brookview Park $450 2017 Minnesota Twins Dugout replacement in Isaacson Park $15,000 2017 GameTime, Inc. Play structure at St. Croix Park $17,380 2017 GameTime, Inc. Play structure at Medley Park $20,942 29 2017 GameTime, Inc. Play structure at Wesley Park $21,587 2018 Hennepin Youth Sport Program - Facility Field lighting at Isaacson Park $150,000 2018 Golden Valley Little League Field improvements at Isaacson Park $20,000 2019 Hennepin Youth Sport Program - Facility Field improvements at Shaper, Wesley, and Lions Parks $96,000 2019 Golden Valley Little League Field improvements at Isaacson Park $6,000 2020 Golden Valley Little League Field Improvements at Isaacson Park $4,100 Date Granting Agency/Fund Project Amount 2020 Hennepin county Youth Sports Grant Scoreboards at Isaacson Park $4,120 2020 Three Rivers Park District Save the Summer Grant Youth Programming during COVID-19 pandemic $4,310 2021 Alternative Landscape Grant MPCA Park landscaping improvements at Brookview and Brookview Golf Course $828 2021 Play Structure Grant from GameTime Cares grant program Play structure at South Tyrol Park $10,390 2022 H&R Block/Nextdoor Make Every Block Better Grant Medley Park Community Garden $12,000 2022 Hennepin County Active Living Grant Medley Park Community Garden $4,901.80 Fire Date Granting Agency/Fund Project Amount 2012 Minnesota Board of Firefighter Training and Education Firefighter training $10,060 2013 Minnesota Board of Firefighter Training and Education Firefighter training $14,350 2014 Fireman’s Fund Insurance Company and parent company Allianz Group Automatic external defibrillators (AED’s) and test gas to calibrate electronic gas meters $5,000 2014 Minnesota Board of Firefighter Training and Education Firefighter training $20,519 2015 CenterPoint Energy Community Partnership Grant Electronic gas monitors, nomex hoods and helmet flaps, traffic safety vests $5,125 2015 Minnesota Board of Firefighter Training and Education Firefighter training $17,340 2016 CenterPoint Energy Community Partnership Grant Electronic gas monitors, traffic safety cones, flashlights, protective firefighter helmets, and protective firefighting boots $5,400 2016 Minnesota Board of Firefighter Training and Education Firefighter training $11,400 2017 Minnesota Board of Firefighter Training and Education Firefighter training $71,392 2018 CenterPoint Energy Community Partnership Grant Gas monitoring and calibration equipment upgrades and replacements $4,000 2018 Minnesota Board of Firefighter Training and Education Firefighter training $17,100 2018 Minnesota Department of Public Safety State Fire Marshal Division Gear dryer equipment and installation $7,500 2019 Minnesota Board of Firefighter Training and Education Firefighter training $63,314 2020 Minnesota Board of Firefighter Training and Education Firefighter training $4,536 2021 CenterPoint Energy Community Partnership Grant Safety Clothing – Hoods $4,680 2021 Minnesota Board of Firefighter Training and Education Firefighter Training and Education $16,984 2022 Minnesota Board of Firefighter Training and Education Firefighter Training and Education $7,280 General Services Date Granting Agency/Fund Project Amount 2019 MN Department of Public Safety Reimbursement to Dept. of Motor Vehicles for costs associated with Minnesota License and Registration System (MNLARS) rollout $126,926 Grants Not Awarded Date Granting Agency/Fund Project Amount 2014 Bush Foundation Park Shelter Building Addition $200,000 2014 Three Rivers Park District Trail and sidewalk connections to the Luce Line Regional Trail $500,000 2015 Hennepin Youth Sport Program - Facility Schaper Park Challenge Course $225,000 2018 Minnesota Pollution Control Agency GreenCorps Member on full-time staff at City Hall $70,000 30 2018 DNR Managing Ash for Emerald Ash Borer in Community Forests Emerald Ash Borer management activities $30,000 2018 Hennepin County Bicycle and Pedestrian Capital Improvement Program Advanced design of Bassett Creek Trail on Golden Valley Road (Three Rivers Park District submitted the application) $100,000 2019 DNR Local Trail Connections Program Laurel Greenbelt trail connection at Colorado Avenue $51,882 2020 Metropolitan Council LCDA Development Grant Golden Gardens Mixed Use Development Project $1,000,000 2021 DNR Emerald Ash Borer Grants Program Emerald Ash Borer management activities $20,000 31 EXECUTIVE SUMMARY Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3E.2. Adopt Resolution No. 22-104 to Authorize Application for the Minnesota Active Transportation (AT) Program Grant: 1. Winnetka Avenue and 23rd Avenue Pedestrian Crossing Improvements 2. Zane Avenue Sidewalk Prepared By RJ Kakach, Assistant City Engineer Summary The Active Transportation Program provides grants to make walking, biking, and rolling better. The grants aim to increase the number of people walking and biking to destinations by providing funding for planning, education, engineering services, and infrastructure investment. The grants also support Minnesota Strategic Highway Safety Plan goals, advance the Sustainable Transportation Advisory Council recommendations, and connect to MNDOT’s plan working in advancing walking and biking. The Minnesota legislature established the program in 2018 and appropriated $3.5M in funding to the program for this solicitation. Grant award amounts will be between $50,000 and $500,000. Grant solicitation opened this fall and staff submitted a letter of intent to determine whether two pedestrian improvement projects already in the City’s Capital Improvement Plan were eligible and good candidates for selection. Both projects were reviewed and staff was notified that full applications would make good candidates for this grant. The first project consists of crossing improvements at Winnetka Avenue and 23rd Avenue. Crossing improvements at this intersection are included in the City’s 2040 Comprehensive Plan. The west leg of this intersection is included in the 2023 PMP project and as part of the project’s feasibility study, the intersection was reviewed with Hennepin County staff for potential pedestrian improvements. It was determined that crossing improvements and a crossing refuge would be included in the 2023 PMP project. The estimated costs for these improvements is $100,000. Staff is requesting authorization to submit a full application for the Winnetka Avenue and 23rd Avenue pedestrian crossing improvements. The second project consists of a new sidewalk along Zane Avenue from the Olson Memorial Frontage Road to Golden Valley Road. The sidewalk is also included in the City’s 2040 Comprehensive Plan and would be installed as part of the reconstruction of Zane Avenue in 2024. The estimated costs of these improvements is $315,000. Staff is requesting authorization to submit a full application for the Zane Avenue sidewalk project. 32 Project applications are due December 31, 2022, and project selection will take place in the spring of 2023. Financial or Budget Considerations If successful, the grants will save the City $415,000 in costs. Legal Considerations Staff will work with the Legal Department through the application process. Equity Considerations These improvements will provide safer access to all roadway users. Recommended Action Motion to adopt Resolution No. 22-104 to apply for the Minnesota Active Transportation Program Grant for the Winnetka Avenue and 23rd Avenue Pedestrian Crossing Improvements and the Zane Avenue Sidewalk Project. Supporting Documents Resolution No. 22-104 Authorize Application MN Active Transportation 33 RESOLUTION NO. 22-104 RESOLUTION AUTHORIZING APPLICATION FOR THE MINNESOTA ACTIVE TRANSPORTATION PROGRAM GRANT FOR WINNETKA AVENUE AND 23RD AVENUE CROSSING IMPROVEMENTS AND ZANE AVENUE SIDEWALK PROJECT WHEREAS, funding is available from the Minnesota Active Transportation Program Grant for project costs associated with improving walking, biking, and rolling; and WHEREAS, the City of Golden Valley anticipates making pedestrian improvements as part of the 2023 PMP project at Winnetka Avenue and 23rd Avenue; and WHEREAS, the City of Golden Valley also anticipates installing a new sidewalk along Zane Avenue as part of the Zane Avenue reconstruction project; and WHEREAS, both of these pedestrian improvements are included in the 2040 Comprehensive Plan, specifically the Bicycle and Pedestrian Plan and eligible for the Minnesota Active Transportation Program Grant; NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council hereby authorizes the Physical Development Director or their designee to prepare and submit the Minnesota Active Transportation Grant Program application on behalf of the City of Golden Valley. Adopted by the City Council of Golden Valley, Minnesota this 6th day of December 2022 _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 34 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3E.3. Approve Resolution No. 22-112 and Authorize the Mayor and City Manager to Sign a Funding Agreement for the Toward Zero Death (TZD) Grant Program in a Form Approved by the City Attorney Prepared By Virgil Green, Police Chief Summary In Minnesota, approximately 23,000 people are arrested each year (62 per day) for DWI related offenses. The Golden Valley Police Department partners with sixteen (16) other agencies, and the City of Orono (fiscal agent) in receiving funds for a TZD grant. TZD funding is a traffic enforcement grant focusing on suspected impaired drivers, speeding, and distracted driving. Golden Valley Police Officers participating in this program are subject to Golden Valley Police Department Policies including the agencies Traffic Enforcement, Stops and Searches policy. Through the duration of the contract, Golden Valley will be reimbursed for conducting enforcement shifts focusing on impaired driving, speeding, and distracted driving. Financial or Budget Considerations The City of Golden Valley will be promptly reimbursed after an invoice is submitted to the fiscal agent. Legal Considerations The final funding agreement will be in a form approved by the City Attorney. Equity Considerations The Golden Valley Police Department is committed to maintaining public safety while providing unbiased services to all residents and visitors to the City. Recommended Action Motion to approve Resolution No. 22-112 accepting Toward Zero Deaths Enforcement Grant and authorizing the Mayor and City Manager to sign funding agreement with the City of Orono in a form approved by the City Attorney. Supporting Documents Resolution No. 22-112 35 RESOLUTION NO. 22-112 RESOLUTION ACCEPTING A GRANT FROM THE STATE OF MINNESOTA, PARTNERING WITH FISCAL AGENT ORONO FOR TOWARD ZERO DEATHS ENFORCEMENT GRANT PROGRAM WHEREAS,the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS,the Policy and Minnesota Statutes, section 465.03 state that a grant or gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grant on behalf of its citizens: Grant from the State of Minnesota Department of Public Safety, Toward Zero Deaths Enforcement Grant Program, administered by the City of Orono, in the amount not to exceed $25,000. Agency participation will be reported back to Council on total amount used. Adopted by the City Council of Golden Valley, Minnesota this 6th day of December, 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Schyma, City Clerk 36 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3F. Adopt Resolution No. 22-105 Supporting the French Regional Park Master Plan Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Rick Birno, Parks & Recreation Director Summary Three Rivers Park District is requesting a Resolution of support for the French Regional Park Master Plan. Team members from Three Rivers Park District will be in attendance to review the planning work, public input, and the proposed improvements for French Regional Park. Legal Considerations N/A Equity Considerations Supporting the French Regional Park Master Plan helps the City address two pillars in the City's 2022 Equity Plan: Pillar 2 - Inclusive and effective community engagement Pillar 3 - Providing unbiased programs and services Recommended Action Adopt Resolution No. 22-105 Supporting the French Regional Park Master Plan Supporting Documents Resolution No. 22-105 Supporting French Lake Master Plan 37 RESOLUTION NO. 22-105 RESOLUTION OF SUPPORT FOR THE FRENCH REGIONAL PARK MASTER PLAN WHEREAS,The City of Golden Valley recognizes French Regional Park as an important component of the regional parks system providing natural resource protection and nature-based recreation to the residents of the City and the region; and WHEREAS,City staff have been working in partnership with Three Rivers Park District in development of the Master Plan to ensure long-range planning preserves French Regional Park’s treasured areas while expanding opportunities for visitors to try new activities that may lead them to further park exploration within and beyond the park; and WHEREAS,The City of Golden Valley recognizes that Three Rivers Park District has gathered significant public input in the development of the French Regional Park Master Plan; and WHEREAS,The City of Golden Valley recognizes that Three Rivers Park District has drafted the French Regional Park Master Plan and accepted and responded to public comments appropriately; and WHEREAS, The French Regional Park Master Plan is consistent with other approved local and regional plans; and WHEREAS,the City of Golden Valley supports the design, implementation and operation of the French Regional Park pursuant to the Master Plan; and THEREFORE, BE IT RESOLVED, that the City of Golden Valley supports the French Regional Park Master Plan. Adopted by the City Council of Golden Valley, Minnesota this 6th day of December 2022 _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 38 EXECUTIVE SUMMARY Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3G. Authorize the Mayor and City Manager to Sign PUD Permit No. 58, Amendment #2 for McDonalds Prepared By Jason Zimmerman, Planning Manager Summary At the November 15, 2022, City Council meeting, the Council held a public hearing on the proposed Amendment #2 to the McDonald's PUD located at 730 Winnetka Avenue North. After the hearing, the Council approved the amendment. City staff have prepared a new PUD Permit for consideration. Legal Considerations The PUD Permit has been reviewed and approved by the City Attorney. Equity Considerations Aspects of the approved PUD amendment fall under the pillar of the City's Equity Plan that calls for Infrastructure that Supports and Advances Diversity, Equity, and Inclusion. By its nature, the improvements to the drive-thru queuing lane are automobile focused. Staff worked with the applicant to add plans for new sidewalk connections to the building, thereby increasing convenient access for pedestrians and those with mobility impairments. Recommended Action Motion to authorize the Mayor and City Manager to sign the PUD Permit for McDonalds PUD No. 58, Amendment #2. Supporting Documents McDonalds PUD 58, Amendment 2 - Permit 39 McDonalds P.U.D. No. 58 City Council Approval: May 15, 1990 City Council Approval Amendment #2: November 15, 2022 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: McDonalds P.U.D. No. 58 Location: 730 Winnetka Avenue North, Golden Valley, Minnesota Legal Description: Lot 1, Block 1, McDonalds P.U.D. No 58 Applicant: Landform Professional Services, LLC Address: 105 South Fifth Ave, Suite 513, Minneapolis, MN 55401 Owner: McDonald’s USA, LLC Address: 4643 Ulster Street, Suite 1300, Denver, CO 80237 Zoning District: Commercial Permitted Uses: Class II restaurant with drive-thru lanes Conditions 1. The general plan set included with the Final PUD Plan submittal shall become a part of this approval. The building elevations from Reprise Architecture, dated June 23, 2022, and the civil and landscape plans prepared by Landform Professional Services, LLC, dated September 23, 2022, submitted with Amendment #2, and revised November 21, 2022, shall become a part of this approval. 2. Compliance with the City’s Inflow & Infiltration requirements must be achieved, or a security deposit obtained to cover any necessary repairs, prior to the issuance of a building permit. 3. Three new pedestrian connections from adjacent rights-of-way or City-owned properties, as shown on the civil and landscape plans dated November 21, 2022, shall be provided as benefits to help offset the proposed auto -oriented improvements of the drive-thru. 4. A Tree and Landscape permit shall be required in order t o assure coordination with City staff as trees are replaced, including those proposed for the City right - of-way. 40 McDonalds P.U.D. No. 58 Page 2 5. A rack providing a minimum of eight bicycle spaces, available for use by the public, shall be retained on-site. 6. The number of parking spaces provided shall not drop below 79. This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on May 15, 1990, and November 15, 2022. Any changes to the PUD Permit for McDonalds P.U.D. No. 58 shall require an amendment. CITY OF GOLDEN VALLEY a Minnesota municipal corporation Witness: ______________________ By: ____________________________ Shepard M. Harris, Mayor Date: ____________________________ Witness: _______________________ By: ____________________________ Timothy J. Cruikshank, City Manager Date: ____________________________ McDONALD’S USA a limited liabiltity company Witness: ______________________ By: _____________________________ Name: ___________________________ Title: ___________________________ Date: ___________________________ 41 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3H. Adopt Resolution No. 22-106 Granting City Council Consent for Housing and Redevelopment Authority (HRA) Levy Payable in 2023 Prepared By Sue Virnig, Finance Director Summary Earlier tonight, the HRA considered a 2023-2024 proposed budget and levy payable in 2023. If the HRA approved the resolution, the City should consider Resolution No. 22-106 Granting City Council consent for the Housing and Redevelopment Authority levy payable in 2023. Financial or Budget Considerations The proposed HRA on the 2023 Proposed Property Tax statement is under Other Special Taxing District. Through this process the city will levy $245,000 for the HRA Housing Program. Legal Considerations MN Statutes and MN Department of Revenue set laws and rules on how the budget hearing and submittal for the levy is handled. Equity Considerations The proposed HRA budget was considered using an equity decision-making tool to evaluate various impacts and includes programming to advance affordable housing goals. Recommended Action Earlier tonight, the HRA considered a 2023-20234 proposed budget and levy payable in 2023. If the HRA approved the Resolution, the City should consider Resolution No. 22-106 Granting City Council Consent for an HRA levy payable in 2023 for $245,000. Supporting Documents Resolution No. 22-106 Granting City Council Consent for Housing and Redevelopment Authority Levy Payable in 2023 42 RESOLUTION 22-106 APPROVE CONSENT AND AUTHORIZATION FOR THE HOUSING AND REDEVELOPMENT ADOPTED TAX LEVY PAYABLE IN 2023 WHEREAS, The Golden Valley Housing and Redevelopment Authority (the “HRA”) has authorities and powers according to MN Statutes, Sections 469.001 to 469.047. MS Statutes, Section 469.033, subd. 6 grants the HRA the power to levy and collect taxes subject to a resolution of consent from the Golden Valley City Council for a set period and, WHEREAS, The Golden Valley HRA approved Resolution 22-05 on September 20, 2022, Adopting the Housing and Redevelopment Authority Budget and Adopted Tax Levy Payable in 2023 and, WHEREAS, The City of Golden Valley passed Resolution 21-082 Consenting Intent for HRA Levy for a Housing Program HRA Levy Payable in 2023 on September 20, 2022 and, NOW, THEREFORE BE IT RESOLVED by the City of Golden Valley Council as follows: The City of Golden Valley City Council hereby consents to and authorizes an HRA tax levy in the amount not to exceed $245,000 payable in 2023. Adopted by the City Council of Golden Valley, Minnesota this 6th day of December 2022 __________________________ Shepard Harris, Mayor ATTEST: ________________________________ Theresa J Schyma, City Clerk 43 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3I. Adopt Resolution No. 22-107 Authorizing the 2023-2032 Capital Improvement Program Prepared By Sue Virnig, Finance Director Summary The 2023-2032 Capital Improvement Program (CIP) was reviewed by the City Council at the work session on September 13, 2022. It was reviewed by the Planning Commission at their meeting of November 28, 2022. The financing section outlines the appropriate budget for each section. The entire CIP is located on the City website under http://www.goldenvalleymn.gov/159/City-Budget under Current Documentation Financial or Budget Considerations The supporting documents are projects planned for the next 10 years. The current year is included in the 2023-2024 biennial budget. Legal Considerations The Capital Improvement Program needs to be approved by resolution. Equity Considerations All items have been reviewed by staff and council on all sections using the equity objectives. Recommended Action Motion to Adopt Resolution No. 22-107 Authorizing the 2023-2032 Capital Improvement Program. Supporting Documents Resolution No. 107 Adopting the 2023-2032 Capital Improvement Program 44 RESOLUTION NO. 22-107 RESOLUTION APPROVING 2023-2032 CAPITAL IMPROVEMENT PROGRAM WHEREAS,the City Council has reviewed the proposed 2023-2032 Capital Improvement Program at the September 13, 2022 Council/Manager meeting; and WHEREAS,the Planning Commission reviewed the proposed 2023-2032 Capital Improvement Program due to its relationship with the Comprehensive Plan on November 28, 2022; and WHEREAS,financing for projects outlined in the 2023-2032 Capital Improvement Program will be reviewed each year and provided for by current approved budget or specifically identified in the financing section in this document. ATTACHMENT A: 2023-2032 Projects by Department; NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley approves the 2023-2032 Capital Improvement Program. Adopted by the City Council of Golden Valley, Minnesota this 6th day of December 2022 _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Sychma, City Clerk 45 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3J. Approve Resolution No. 22-108 Adopting the 2023-2024 Budget for Enterprise, Special Revenue and Internal Service Funds Prepared By Sue Virnig, Finance Director Summary The 2023-2024 Proposed Budgets of the above funds were submitted to the Council in July and August. All budgets were reviewed previously at work sessions in September. The 2023 Budget is approved “in concept” only and will be revised with the budget process in 2023. Detailed budgets are located on the city’s website at http://www.goldenvalleymn.gov/159/City-Budget. Financial or Budget Considerations The supporting documents set the budget for 2023. The budget is a plan that will give departments a guideline to conduct business. Legal Considerations MN Statues are followed for approving the budget. Equity Considerations Various City Departments reviewed the 2023-2024 Other Funds Budgets using equity decision-making tools. Recommended Action Motion to approve Resolution No. 22-108 Adopting the 2023-2024 Budget for Enterprise, Special Revenue and Internal Services Funds. Supporting Documents Resolution No. 22-108 Adopting the 2023-2024 Budgets for Enterprise, Special Revenue, and Internal Service Funds 46 RESOLUTION NO. 22-108 RESOLUTION ADOPTING THE 2023-2024 BUDGETS FOR ENTERPRISE, SPECIAL REVENUE AND INTERNAL SERVICE FUNDS WHEREAS, in 2022, the City Manager presented a biennial budget cycle with a proposed current budget year (2023) and an in-concept budget proposal for the second year (2024); and WHEREAS,this proposed 2023 operating budget is submitted by the City in accordance with Minnesota Statutes and other applicable laws in effect on this date; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2023 Budgets are hereby given final approval. FUND DESCRIPTION AMOUNT 7001 Recycling $1,179,730 7120 Water and Sewer Utility 16,773,135 7150 Brookview Golf Course 4,505,665 7200 Motor Vehicle Licensing 578,175 7300 Storm Sewer Utility 6,273,075 2020 Human Services Fund 71,000 2025 Noah Joynes Youth Recreation Fund 0 2040 Brookview Facility 565,695 2010 DWI Fund 0 2011 VOTF Fund 4,000 2040 Lodging Tax 0 8200 Vehicle Maintenance 526,510 TOTAL 2022 BUDGET $30,476,985 BE IT FURTHER RESOLVED by the City Council that the sources of financing are through user fees, fundraisers, charges for services, and those applicable revenues described in each specific budget. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget both proposed and final. Adopted by the Golden Valley City Council this 6th day of December, 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Schyma, City Clerk 47 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 3K. Adopt Resolution No. 22-111 Designation of 2023 Polling Places Prepared By Theresa Schyma, City Clerk Summary In 2017, the state legislature amended State Statute 204B.16, subd. 1 requiring the governing body of each municipality to designate by resolution a polling place for each election precinct by December 31 of each year. The polling places designated in the resolution will be used for the 2023 election cycle, unless a change is made because of an emergency or if a polling place becomes unavailable. The City of Golden Valley has eight polling locations. Legal Considerations Not Applicable Equity Considerations The City Clerk, elections staff, and all election judges are committed to Pillar 3 of the City's 2022 Equity Plan which is to provide unbiased programs and services to the community. When selecting the physical location for precincts in the City several factors are considered including occupancy limits, available parking, accessibility, and distance for the average voter. Furthermore, the City Clerk continues to work with the staff at each polling location to improve accessibility and signage. Recommended Action Motion to Adopt Resolution No. 22-111 Designation of 2023 Polling Places Supporting Documents Resolution No. 22-111 designating 2023 polling locations 48 RESOLUTION NO. 22-111 RESOLUTION DESIGNATING POLLING PLACES FOR THE 2023 ELECTION CYCLE WHEREAS,State Statute 204B.16, subd. 1 requires the governing body of each municipality to designate by resolution a polling place for each election by December 31 of each year; and WHEREAS,changes to the polling locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS,changes to the polling locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and WHEREAS,the Municipal Election will be November 7, 2023. NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the 2023 General election, as well as any required special elections, will take place at the following precinct polling locations: Precinct 1 - NE Fire Station, 3700 Golden Valley Road Precinct 2 - Valley Presbyterian Church, 3100 North Lilac Drive Precinct 3 - Meadowbrook School, 5430 Glenwood Avenue Precinct 4 - Sandburg Middle School, 2400 Sandburg Lane Precinct 5 - SE Fire Station, 400 Turners Crossroad South Precinct 6 - Golden Valley City Hall, 7800 Golden Valley Road Precinct 7 - Sandburg Middle School, 2400 Sandburg Lane Precinct 8 - Brookview, 316 Brookview Parkway South BE IT FURTHER RESOLVED,the City Clerk is with this, authorized to make any changes as deemed necessary in the case of an emergency or if a polling place becomes unavailable. Adopted by the City Council of Golden Valley, Minnesota this 6th day of December 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Schyma, City Clerk 49 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 4A. Public Hearing and Approve Resolution No. 22-109 Adopting the 2023 Budget of the General Fund Budget and Resolution No. 22-110 Adopting the Property Tax Levies for Taxes Payable in 2023 Prepared By Sue Virnig, Finance Director Summary At this meeting, City Council will consider the resolution adopting the property tax levies for taxes payable 2023 and the 2023 General Fund Budget. The 2024 budget is for future planning purposes and is approved “in concept” only. Staff will present an overview of the 2023 – 2024 budget process. The complete 2023-2024 Proposed General Fund Budget is located on the city website at http://www.goldenvalleymn.gov/159/City-budget . Staff will give a presentation and public input should follow. Financial or Budget Considerations The supporting documents set the budget for 2023. The budget is a plan that will give departments a guideline to conduct business. Legal Considerations MN State Statutes and MN Department of Revenue set the process for adopting a budget and levy. Equity Considerations The 2023-2024 budget was prepared to support the City's various equity/DEI objectives. Several examples include HRA funding to provide parcels for affordable housing ownership, staffing and recruitment, training, Commission budgets for DEI and PEACE, People Speak Software, and Initiatives in various departments such as police, fire and public works. Recommended Action Motion to Approve Resolution 22-109 Adopting the 2023 Budget of the General Fund Budget Motion to Approve Resolution 22-110 Adopting the Property Tax Levies for Taxes Payable 2023 Supporting Documents Resolution No. 22-109 Adopt the 2023 Budget of the General Fund Budget Resolution No. 22-110 Adopt the Property Tax Levies for Taxes Payable in 2023 2023-24 Budget 50 RESOLUTION NO. 22-109 RESOLUTION ADOPTING THE 2023 BUDGET OF THE GENERAL FUND BUDGET WHEREAS, in 2023, the staff presented a biennial budget cycle with a proposed 2023 current budget year and a 2024 “in concept” budget proposal; and WHEREAS, in 2023, the benefit earning employees of the City of Golden Valley receive the dollar amount of the City's contribution for benefits of $1,538.35 per month effective January 1, 2023. The City will also pay the cost of group term life IRS maximum non-taxable level and group long term disability insurance for those employees, and WHEREAS, in 2022, the benefit earning employees of the City of Golden Valley that were classified under Management Team and/or Division Head/Supervisor categories who have been appointed in such designated positions prior to May 1, 2011 will be $1,559.35 per month plus 2% of monthly salary on January 1, 2023. The City will also pay the cost of group term life IRS maximum non-taxable level and group long term disability insurance for those employees, and WHEREAS, in 2023, Employees who successfully participated in the City wellness program in 2022 will receive an additional $20.00 per month in the City's contribution towards benefits, and WHEREAS, Employee service awards are outlined in the Public Purpose Expenditure Policy and shall be considered compensation with IRS regulations, and WHEREAS, in 2023, all City of Golden Valley non-union employees will receive 3% increase in wages and salaries starting January 1, and WHEREAS, this proposed 2023 operating budget resolution and the accompanying proposed tax levies contained in Resolution No. 22-110 are submitted by the City in accordance with Minnesota Statutes and other applicable laws in effect on this date. NOW, THEREFORE BE IT RESOLVED,by the City Council of the City of Golden Valley, Minnesota, that the 2023 General Fund Budget are hereby given final approval. DIVISION DESCRIPTION AMOUNT 001 Council $478,805 003 City Manager 1,493,715 004 Transfers Out 3,200,000 005 Administrative Services 2,700,435 006 Legal Services 482,395 007 Risk Management 370,000 011 Building Operations 872,100 016 Planning 401,220 018 Inspections 917,025 022 Police 7,705,215 51 023 Fire 2,184,600 035 Community Development 357,855 036 Engineering 707,665 037 Streets 2,808,670 066 Park and Recreation Administration 1,016,125 067 Park Maintenance 1,536,370 068 099 Park and Recreation Programs Contingencies 437,015 200,000 TOTAL 2023 BUDGET $27,869,210 BE IT FURTHER RESOLVED by the City Council that the sources of financing the sums appropriated shall be: DESCRIPTION AMOUNT Ad Valorem Taxes $24,843,020 Licenses 231,555 Permits 988,650 Fed/State Aid/County Grants 99,280 Charges for Services 1,279,445 Fines and Forfeitures 76,640 Interest on Investments 125,000 Miscellaneous Revenue 169,900 Transfers In 30,000 TOTAL 2023 BUDGET $27,869,210 BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget and property tax levies both proposed and final. Adopted by the City Council of Golden Valley, Minnesota this 6th day of December 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Schyma, City Clerk 52 53 RESOLUTION NO. 22-110 RESOLUTION ADOPTING THE PROPERTY TAX LEVIES FOR TAXES PAYABLE 2023 WHEREAS,the City Council has approved the preliminary proposed budget and proposed levy for calendar year 2023 on September 20; and WHEREAS,the proposed budgets require monies to be raised from property taxes on taxable property within the City of Golden Valley. WHEREAS,the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2016C (2822), the amount of $391,085.63, will not be levied due to the utilization of the franchise fees collected from gas and electric utilities, and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2017B (B3114), the amount of $20,093.37 will not be levied due to the utilization of the internal state aid monies. NOW, THEREFORE BE IT RESOLVED, by the City Council, that the following sums of money be raised by property tax on taxable property within the City of Golden Valley for taxes payable in 2023 as set out in the 2023-2024 adopted City budgets: General Tax Levy $25,008,020 Bonded Debt Levy: Brookview Center 1,218,300 Street Improvement Bonds 4,860,728 TOTAL Tax Levy $31,087,048 BE IT FURTHER RESOLVED, that said property tax levy be certified to the County Auditor of Hennepin County. Adopted by the City Council of the City of Golden Valley, Minnesota on December 6, 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Schyma, City Clerk 54 55 56 57 58 59 60 61 EXECUTIVE SUMMARY Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 4B. Public Hearing and Adoption of Ordinance No. 753 - Zoning Text Amendment in Order to Revise the Term Lengths for Members of the Board of Zoning Appeals Prepared By Maria Cisneros, City Attorney Jason Zimmerman, Planning Manager Summary The City Council has been working with staff to institute term limits for all City boards and commissions. The changes recommended in this ordinance are intended to harmonize this section with the proposed changes in section 2-125 by (1) extending the term length for Board of Zoning Appeals members from one year to three years; (2) updating the definition of youth; (3) adjusting the timing of youth appointments to coincide with the school year; and (4) clarifying that the newly enacted term limits also apply to the BZA. Additionally, staff recommends adding additional language to codify the Planning Commission's long standing practice of exercising flexibility in deciding who will represent the Planning Commission on the BZA each month. The Planning Commission voted unanimously to recommend approval of the zoning code text amendment. Some discussion was had to the changes made to the Master Fee Schedule and the impacts on both short- and long-term event permit holders. Overall, Commissioners felt the changes to zoning code text were straightforward given the fee changes. Legal Considerations The proposed changes were reviewed and approved by the City Attorney. Equity Considerations See Agenda Item #6A - board and commission term limits. Recommended Action Motion to adopt Ordinance No. 753 Amending Board of Zoning Appeals term length. Supporting Documents Ordinance No. 753 62 ORDINANCE NO. 753 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113 Zoning in Order to Amend the Term Limit Structure for the Board of Zoning Appeals The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-27. Board of Zoning Appeals. Subsec. (a) Membership. is amended to read as follows Membership.The Board of Zoning Appeals shall consist of four at large members, one non-voting youth member, and one voting member of the Planning Commission. Each member shall have one vote. At large members shall serve three-year staggered terms, the youth member shall serve a one-year term, and the Planning Commission member shall rotate among Planning Commissioners at the discretion of the Planning Commission. The City Council shall appoint all at large members at its last meeting in April, effective May 1 and all youth members at its last meeting in September, effective October 1. The term limits and definitions in City Code, section 2-125 shall also apply to members of the Board of Zoning Appeals. All of the voting members of the Planning Commission are alternates to the Board of Zoning Appeals. In the absence of any voting member of the Board of Zoning Appeals, any voting member of the Planning Commission may serve as an alternate. At least one voting member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals. The Board of Zoning Appeals shall meet at least once a month if there are any petitions pending for action. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 6th day of December, 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 63 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 6A. Second Consideration of Ordinance No. 751, Board and Commission Term Limits, Resolution No. 22-113 Prepared By Maria Cisneros, City Attorney Kirsten Santelices, Deputy City Manager/HR Director Summary At its annual strategic planning session the City Council voted to increase diverse participation in boards and commissions as its Community Affairs top priority. Additionally, Council asked staff to consider updates to the current recruitment process and present a model for term limits. City Management and Human Resources staff met with staff liaisons and management team to discuss improved processes and term limits. Additionally, at the July 12, 2022 City Council Work Session City staff made recommendations to update the term limits in board/commission bylaws as one step toward the Council’s goal of diversifying boards and commissions. The term limits, as proposed by City Council, provide a structure and system that supports giving more community members opportunities to serve in appointed positions. Staff also recommended updating the definition of youth members and shifting the youth appointments to October 1 each year. At the end of the Work Session the City Council gave staff direction to prepare the amended ordinance for consideration. At its November 15, 2022 meeting the Council approved the first reading of this ordinance with changes the definition of youth. The proposed second reading includes the changes approved at the November meeting. Financial or Budget Considerations There are no budget or financial considerations for this item. Legal Considerations This ordinance change was reviewed and approved by the City Attorney. Equity Considerations Instituting term limits for boards and commissions fits within the Advancement of Diversity, Equity and Inclusion pillar of the City's Equity Plan as well as the Inclusive Community Engagement pillar. Implementing term limits in conjunction with staggered terms, creates a balance between continuity 64 and turnover. Term limits also allow for rotation of voices, provide opportunity for new and different community members to participate, allow the City to more easily adjust its membership to reflect the community's changing needs and demographics, and enlarge the circle of committed supporters as members rotate off. This structural change is an important step toward creating more opportunity for diverse representation on the City's boards and commissions. Having a diverse set of representatives will help the City achieve its equity goals because "diversity fosters decision-making which involves more careful analysis. Groups without diversity consistently make weaker decisions than those made by groups with experiential diversity." Yaron Nili, Board Diversity by Term Limits?, Harvard Law School Forum on Corporate Governance (June 10, 2019), https://corpgov.law.harvard.edu/2019/06/10/board-diversity-by-term-limits/. Recommended Action Approve second reading of Ordinance No. 751 amending City Code Artivle V: Boards and Commissions. Approve Resolution No. 22-113 Authorizing Summary Publication of Ordinance No. 751. Supporting Documents Redline of Chapter 2, Article V. Boards and Commissions Ordinance No. 751 Resolution No. 22-113 65 ARTICLE V. BOARDS AND COMMISSIONS Sec. 2-125. Generally. (a) Appointments. The terms of all board and commission members shall be fixed and determined at the time of appointment. The Council shall appoint the members of all boards and commissions and may fill vacancies for unexpired terms. Members of boards and commissions shall serve until their successors are appointedterm expires and may only serve on one commission at a time. Appointments shall be made by the Council at its last meeting in April, effective May 1, except for appointments to fill vacancies and appointments to the Absentee Ballot Counting Board, which will be appointed as needed from the roster of election judges approved by the City Councilyouth appointments, which shall be made by the Council at its last meeting in September, effective October 1. (b) Staff Support. The City Manager shall appoint a staff liaison to attend all meetings of boards and commissions and record the meetings. (c) Attendance and Rules. Each board and commission shall establish bylaws, which must be reviewed and approved by the Council every three years. The Council has final authority regarding all bylaws. Boards and cCommissions shall follow the latest edition of Robert's Rules of Order unless alternative procedures are established in the approved bylaws or in the City Code. A quorum shall be a simple majority of the voting membership and all recommendations shall require a quorum. No member shall serve as chair more than two years in a three-year period, except that service for less than a full year shall not be applied to this limit. If a member is unable to attend a meeting, that member shall contact the staff liaison, who shall inform the chair if a quorum cannot be attained and the meeting shall be cancelled. The Council may establish an attendance policy for members to remain in good standing. (d) Annual Report. Each board and commission shall present a written annual report outlining its activities over the past year and proposed activities for the upcoming year. (e) Term Limits. Board members and Ccommissioners may serve up to two consecutive terms. Partial terms shall not be counted toward this term limit. Former board members and commissioners may be re-appointed for additional terms so long as they have not been on any board or commission during the twelve months prior to the effective date of any subsequent appointment. Notwithstanding the foregoing, Ccommissioners appointed prior to the effective date of this section 2-125(e) may complete their current term and shall be eligible for appointment to one additional term. (f) Definitions. The following words, terms, and phrases, when used in this Article only, shall have the following meanings unless the context clearly indicates otherwise: i. Partial Term: A period of time less than one half of a complete term. 66 ii. Youth: Individuals between 14 and 21 years old or younger, who live, work, or attend school in the City of Golden Valley, or who attend school in the Robbinsdale Area School District or the Hopkins Area School District. (Code 1988, § 2.50; Ord. No. 333, 2nd Series, 9-30-2005; Ord. No. 619 , 2nd Series, § 1, 3-21- 2017) Sec. 2-126. Planning Commission. (a) Establishment and Composition. A Planning Commission is hereby established, composed of eight members, seven who shall serve threefive-year staggered terms and one youth, who shall serve a one-year term. (b) Duties and Responsibilities. The Planning Commission shall advise and make recommendations to the Council in all matters relating to planning and growth of the City. Specifically it shall: (1) Develop and make recommendations to maintain and update the Comprehensive Plan of the City (2) Develop and make recommendations to maintain and update the land use regulations needed to implement the Comprehensive Plan (3) Develop and make recommendations for policies on other matters relating to the social, economic and physical environment; and (4) Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. (c) Term Limits. Notwithstanding section 2-125(e), planning commissioners may serve up to three consecutive terms. Partial terms shall not be counted toward this term limit. Former planning commissioners may be re-appointed for additional terms so long as they have not been on any board or commission during the twelve months prior to the effective date of any subsequent appointment. Notwithstanding the foregoing, planning commissioners appointed prior to the effective date of section 2-125(e) may complete their current term and shall be eligible for appointment to two additional terms. (Code 1988, § 2.51; Ord. No. 333, 2nd Series, 9-30-2005; Ord. No. 619 , 2nd Series, § 2, 3-21- 2017) Sec. 2-127. Open Space and Recreation Commission. (a) Establishment and Composition. An Open Space and Recreation Commission is hereby established, composed of 10 members, nine who shall serve three-year staggered terms and one youth, who shall serve a one-year term. (b) Duties and Responsibilities. The Commission shall advise and make recommendations to the Council regarding recreational programs, parks and open space in the community. Specifically it shall: 67 (1) Develop and make recommendations to maintain and update the portion of the Comprehensive Plan relating to open space needs, parks and recreation programs, and trail systems (2) Develop and periodically review policies and plans for parks, recreation programs, use of open space, and trail systems (3) Periodically update an assessment of current programs regarding open space, parks and recreation, and trail systems (4) Periodically update an assessment of future needs regarding parks and recreation, open space, and trail systems (5) Advise the Council on cooperative agreements policies with other public and private agencies, groups or individuals relative to recreational programs and facilities; and (6) Advise Council on budget and capital outlay needs for parks and recreation, Brookview Golf Course, and Park Improvement Fund. (Code 1988, § 2.52; Ord. No. 333, 2nd Series, 9-30-2005; Ord. No. 619, 2nd Series, § 3, 3-21- 2017) Sec. 2-128. Diversity, Equity and Inclusion Commission. (a) Establishment and Composition. A Diversity, Equity, and Inclusion Commission is hereby established, composed of eleven (11) members, nine (9) who shall serve three-year staggered terms and two (2) voting youth shall serve a one (1) year term. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area School District, or the Hopkins Area School District and be enrolled in grades 9 through 12. (1) In accordance with the City's values and Welcome Statement, the Council shall seek to have said appointments reflect the diverse voices and perspectives in the community, including: a. Individuals who have professional, volunteer, or personal experiences with communities that have historically experienced or presently experience the stress and trauma of discrimination, for example, individuals with work or volunteer experience in the field of diversity, equity and inclusion, or personal involvement in advocacy or activism; b. Individuals who have professional, volunteer, or personal experiences with healing of marginalized communities; and c. Individuals with personal experience involving discrimination. (2) At a minimum the DEIC membership shall consist of: a. One member with a connection to multi-family or group housing; and b. One member of a community group that has demonstrated commitment to the values of racial equity, inclusion, social justice, and human rights. 68 If the City does not receive qualified applications from one of the above categories, the remaining spots may be filled with any person who lives, works, attends school, volunteers, or worships in the City of Golden Valley. (b) Mission. The DEI Commission's mission is to promote and nurture a safe and welcoming community dedicated to the values of social equity, inclusion, and justice. (c) Duties and Responsibilities. The Commission shall advise and make recommendations to the Council in matters relating to diversity, equity, inclusion, and human rights. In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff, the DEI Commission shall: (1) Analyze the City's processes, procedures, policies, and ordinances as directed by the City Council on matters of diversity, equity, inclusion, human rights. (2) Present the results of programs of research and recommend changes to processes, procedures, policies, and ordinances to the City Council based on those results. (3) Regularly review and evaluate the City's community outreach methods and activities to ensure messaging reaches diverse populations and provides inclusive participation opportunities. (4) Annually provide input on the City's Equity Plan and, as requested by City Manager, their designee, or City equity staff: a. Analyze City systems to identify systems of inequality (including systemic racism), and b. Make recommendations relating to changes in ordinance, policy, or practice to dismantle those systems. c. Communicate the City's diversity, equity, and inclusion (DE&I) work and facilitate community engagement and feedback. d. Collaborate with organizations to host and promote events that educate the community on issues of diversity, equity, inclusion, and human rights, and other issues and to promote awareness and appreciation of diversity. (Ord. No. 714 , § 1, 6-1-2021) Editor's note(s)—Ord. No. 714 , § 1, adopted June 1, 2021, repealed the former § 2-128, and enacted a new § 2-128 as set out herein. The former § 2-128 pertained to human rights commission and derived from Code 1988, § 2.53; Ord. No. 494, 2nd Series, adopted March 15, 2013; Ord. No. 619 , 2nd Series, § 4, adopted March 21, 2017. Sec. 2-129. Absentee Ballot Counting Board. The Council hereby authorizes establishes an Absentee Ballot Counting Board and further authorizes the election judges of such Board to receive, examine, and validate absentee ballotsto perform the duties proscribed by statute . The Absentee Ballot Board shall be administered by the City Clerk. The further duties of such Board shall be those provided by 69 statute. Absentee Ballot Board members shall carry out their duties pursuant to state law and shall not be subject to the requirements of 2-125. (Code 1988, § 2.54) Sec. 2-130. Police Employment, Accountability and Community Engagement Commission. (a) Establishment. A Police Employment, Accountability, and Community Engagement Commission (PEACE Commission) is hereby established, composed of 13 members, who shall serve three-year staggered terms, except that youth members may elect to serve one, two, or three year terms. (b) Definitions. The following words, terms, and phrases, when used in this section only, shall have the meanings ascribed to them: Police Department: The Golden Valley Police Department and all other departments of the City of Golden Valley that provide public safety or law enforcement services, but only to the extent those other departments provide public safety or law enforcement services. Notwithstanding the foregoing, Police Department does not include the Golden Valley Fire Department. (c) Term limits. Commissioners may serve up to two consecutive three year terms. Partial terms shall not be counted toward this term limit. Former commissioners may be re- appointed for additional terms so long as they have not been on the commission during the twelve months prior to the effective date of any subsequent appointment. (d) Composition. The Commission shall consist of: (1) Three individuals that represent populations historically and presently harmed by policing. (2) Two employees of the Police Department which shall include: i. One licensed Peace Officer, as defined in Minn. Stats. § 626.84, subd. 1(c), that supervises other licensed Peace Officers in the Police Department, such as a commander, sergeant, or the Chief; and ii. One Police Department employee (staff or licensed Peace Officer) in a non- supervisory role. The two Police Department members shall be non-voting, ex officio members and shall not be counted in determining the number required for a quorum. If an ex officio member leaves City employment, their membership shall automatically terminate. In appointing ex officio members, the Council shall endeavor to include a variety of perspectives, experience, and roles. (3) At least one and no more than two youth , 21 years old or younger, who live, work, or attend school in the City of Golden Valley. (4) One individual with professional human resources or recruitment experience. 70 (5) One individual or social service provider with knowledge or experience of mental health, substance use disorder, or homelessness. (6) One individual or caregiver with knowledge of or experience with the senior population in Golden Valley. (7) One parent, teacher, or administrator at a school that serves Golden Valley residents. (8) One individual who is a renter or lives in multi-family housing or group housing in Golden Valley. (9) At least one individual that has been impacted by the criminal justice system, for example, a criminal defendant or criminal defense attorney. Except for the ex officio seats, if the City does not receive qualified applications from one or more of the above categories, the remaining seats may be filled with any qualified applicant with substantial ties to the City of Golden Valley. In making appointments to the commission, the Council shall endeavor to maintain a membership that reflects the many different social identities represented in the City of Golden Valley, including but not limited to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, socioeconomic status, or familial status. (e) Mission. It shall be the PEACE Commission's mission to help the Golden Valley Police Department innovate and transform its provision of public safety services based on community input and needs, and to assure that the department provides inclusive, community-centered service. The Commission shall carry-out this mission by: (1) Establishing transparency and accountability to the public; (2) Enhancing communication and understanding between the Police Department, and the people it serves through community dialogue and engagement; and (3) Ensuring the Police Department applies practices that promote equity and inclusion and prioritize hiring and retaining officers with diverse backgrounds. (f) Duties and responsibilities. It is the duty of the PEACE Commission to advise and make recommendations to the Council on matters relating to and affecting policing in the City of Golden Valley for the purpose of furthering the Commission's mission. All of the Commission's work shall be performed pursuant to an annual work plan approved by the Council. Specifically the Commission may: (1) Conduct programs of research and study, in conjunction with the Police Chief and City Manager that analyze Police Department practices, internal controls, and compliance with applicable law and regulation relating to: police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters related to the mission of the Commission. Research and study includes programs that collect, review, and audit summary data and compile aggregate statistics relating to the Commission's mission. 71 (2) Present the results of programs of research and study on a periodic basis to the City Manager, Police Chief, or City Council for the purpose of ensuring Police Department operations are conducted in a lawful, effective, transparent, and nondiscriminatory manner. (3) Make recommendations to the City Council, City Manager, and Police Chief relating to internal controls, police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters contained within a program of research and study. (4) Celebrate exemplary police work and highlight examples of positive contributions to public safety by community members. (5) Educate and learn from the community. Create and implement a community engagement and outreach program for the purpose of building trust and communication between the police and community members and facilitate community space in response to current events related to public safety. Community engagement includes but is not limited to: community forums to facilitate discussions with community members about their experiences with the Golden Valley Police Department, programs to educate the community about policing, and informal relationship building activities. (6) Collaborate with the Community, City Manager, Human Resources Director, and Police Chief to develop and maintain equitable and inclusive recruitment and hiring processes. (7) In August of each year as part of its annual report, review and provide feedback to the City Council on: i. The previous year's hiring data; ii. The hiring and promotion processes employed by the department in the previous year; iii. The Commission's previous year goals and how the goals were advanced; iv. The Police Department's previous year goals and how the goals were advanced; and v. The City's prosecution philosophy, data, and goals, and how the goals were advanced. (g) Minimum training requirements. Within one year of appointment, all new members must complete the Golden Valley Citizen's Academy or similar training as arranged by the Police Chief. (h) Requirement of cooperation by police department and all other city employees and officials. The PEACE Commission shall have full, free, and unrestricted access, to the extent authorized by law, to the records of the Police Department and prosecutor's office in order to facilitate research and study projects authorized in section (f)(1) herein and to conduct special reviews at the request of the City Council. 72 (Ord. No. 719 , § 1, 8-4-2021) Editor's note(s)—Ord. No. 718 , § 1, adopted Aug. 4, 2021, repealed the former § 2-130, which pertained to police civil service commission and derived from Code 1988, § 2.55. Ord. No. 719 , § 1, adopted Aug. 4, 2021 then enacted § 2-130 to read as herein set out. Sec. 2-131. Environmental Commission. (a) Establishment and Composition. An Environmental Commission is hereby established, composed of nine members, seven who shall serve three-year staggered terms and two youth, who shall serve a one-year term. (b) Duties and Responsibilities. It is the duty of the Environmental Commission to advise and make recommendations to the Council in matters relating to and affecting the environment and human health. Specifically, it shall: (1) Develop and make recommendations to educate the public on environmental regulations, policies, practices and tools; (2) Develop and make recommendations as an advisory review body for amendments to or revisions of the City's Surface Water Management Plan and provide advice as requested by the Council on other City programs and initiatives; (3) Review and make recommendations regarding the City's existing environmental ordinances, policies and guidelines; (4) Develop and make recommendations on management practices for the City's nature areas, public and private ponding areas, and other such City-owned properties as directed by the Council; (5) Develop and make recommendations regarding waste reduction, recycling, and organics/composting; (6) Review and make recommendations on the City's resilience and sustainability policies and actions to address climate variations; (7) Identify and advise the Council on activities initiated by other public and quasi- public agencies regarding environmental issues and participate as directed by the Council; and (8) Advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council. (Code 1988, § 2.56; Ord. No. 333, 2nd Series, 9-30-2005; Ord. No. 619, 2nd Series, § 5, 3-21- 2017; Ord. No. 681 , § 1, 6-2-2020; Ord. No. 726 , § 1, 12-21-2021) 73 ORDINANCE NO. 751 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 2, ARTICLE V OF THE CITY CODE RELATING TO TERM LIMITS FOR BOARDS AND COMMISSIONS The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 2, Article V. Boards and Commissions, Section 2-125. Generally. is hereby amended as follows: Sec. 2-125. Generally. (a) Appointments. The terms of all board and commission members shall be fixed and determined at the time of appointment. The Council shall appoint the members of all boards and commissions and may fill vacancies for unexpired terms. Members of boards and commissions shall serve until their successors are appointedterm expires and may only serve on one commission at a time. Appointments shall be made by the Council at its last meeting in April, effective May 1, except for appointments to fill vacancies and appointments to the Absentee Ballot Counting Board, which will be appointed as needed from the roster of election judges approved by the City Councilyouth appointments, which shall be made by the Council at its last meeting in September, effective October 1. (b) Staff Support. The City Manager shall appoint a staff liaison to attend all meetings of boards and commissions and record the meetings. (c) Attendance and Rules. Each board and commission shall establish bylaws, which must be reviewed and approved by the Council every three years. The Council has final authority regarding all bylaws. Boards and cCommissions shall follow the latest edition of Robert's Rules of Order unless alternative procedures are established in the approved bylaws or in the City Code. A quorum shall be a simple majority of the voting membership and all recommendations shall require a quorum. No member shall serve as chair more than two years in a three-year period, except that service for less than a full year shall not be applied to this limit. If a member is unable to attend a meeting, that member shall contact the staff liaison, who shall inform the chair if a quorum cannot be attained and the meeting shall be cancelled. The Council may establish an attendance policy for members to remain in good standing. (d) Annual Report. Each board and commission shall present a written annual report outlining its activities over the past year and proposed activities for the upcoming year. (e) Term Limits. Board members and Ccommissioners may serve up to two consecutive terms. Partial terms shall not be counted toward this term limit. Former board members and commissioners may be re-appointed for additional terms so long as they have not been on any board or commission during the twelve months prior to the effective date of any 74 Ordinance No. 751 – Page 2 subsequent appointment. Notwithstanding the foregoing, Ccommissioners appointed prior to the effective date of this section 2-125(e) may complete their current term and shall be eligible for appointment to one additional term. (f) Definitions. The following words, terms, and phrases, when used in this Article only, shall have the following meanings unless the context clearly indicates otherwise: i. Partial Term: A period of time less than one half of a complete term. ii. Youth: Individuals between 14 and 21 years old or younger, who live, work, or attend school in the City of Golden Valley, or who attend school in the Robbinsdale Area School District or the Hopkins Area School District. Section 2. City Code Chapter 2, Article V. Boards and Commissions, Section 2-126. Planning Commission. is hereby amended to add (c) Term Limits. and shall read as follows: (c) Term Limits. Notwithstanding section 2-125(e), planning commissioners may serve up to three consecutive terms. Partial terms shall not be counted toward this term limit. Former planning commissioners may be re-appointed for additional terms so long as they have not been on any board or commission during the twelve months prior to the effective date of any subsequent appointment. Notwithstanding the foregoing, planning commissioners appointed prior to the effective date of section 2-125(e) may complete their current term and shall be eligible for appointment to two additional terms. Section 3. City Code Chapter 2, Article V. Boards and Commissions, Section 2-128. Diversity, Equity and Inclusion Commission. (a) Establishment and Composition. is hereby amended as follows: (a) Establishment and Composition. A Diversity, Equity, and Inclusion Commission is hereby established, composed of eleven (11) members, nine (9) who shall serve three-year staggered terms and two (2) voting youth shall serve a one (1) year term. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area School District, or the Hopkins Area School District and be enrolled in grades 9 through 12. Section 4. City Code Chapter 2, Article V. Boards and Commissions, Section 2-129 is hereby renamed and amended as follows: Sec. 2-129. Absentee Ballot Counting Board. The Council hereby authorizes establishes an Absentee Ballot Counting Board and further authorizes the election judges of such Board to receive, examine, and validate absentee ballotsto perform the duties proscribed by statute . The Absentee Ballot Board shall be administered by the City Clerk. The further duties of such Board shall be those provided by 75 Ordinance No. 751 – Page 3 statute. Absentee Ballot Board members shall carry out their duties pursuant to state law and shall not be subject to the requirements of 2-125. Section 5. City Code Chapter 2, Article V. Boards and Commissions, Section 2-130. Police Employment, Accountability and Community Engagement Commission. (d) Composition. (3) is hereby amended as follows: (3) At least one and no more than two youth , 21 years old or younger, who live, work, or attend school in the City of Golden Valley. Section 6. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 6th day of December, 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 76 RESOLUTION NO. 22-113 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 751 TERM LIMITS FOR BOARDS AND COMMISSIONS 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. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 751 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 2, ARTICLE V OF THE CITY CODE RELATING TO TERM LIMITS FOR BOARDS AND COMMISSIONS This is a summary of the provisions of Ordinance No. 751 which has been approved for publication by the City Council. At the December 6, 2022 City Council meeting, the Golden Valley City Council enacted Ordinance No. 751 amending Chapter 2 of the City Code relating to term limits for boards and commission. 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/. Adopted by the City Council this 6thday of December, 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 77 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 6, 2022 Agenda Item 6B. Second Consideration of Ordinance No. 752, Amending the City Code to Change the Human Services Commission (HSC) to a New Community Services Commission (CSC) and Approve Community Services Commission Bylaws Prepared By Maria Cisneros, City Attorney Brian Erickson, Recreation Supervisor Summary Due to a shortage of applicants to serve on the HSC as well as a shortage of volunteers to serve on numerous city sponsored fundraising events, staff worked with members of the HSC to develop a proposal to better align volunteers and meet the community needs. Key updates for the proposed bylaw changes include: Rebranding to Community Services Commission (CSC) Creating a more efficient operation model to make the commission more appealing to future applicants Reducing the number of members to serve on the proposed commission Reducing the number of meeting commitments each year Maintaining a commitment to funding family service organizations Staff assuming responsibility of organizing and implementing community fundraising events HSC would continue in its current form and meet its current responsibilities through 2022 Through this process of reviewing and discussing key elements in the functioning of the HSC, staff is recommending the proposed changes for consideration to amend the current bylaw language. Legal Considerations The City Attorney reviewed and approved the proposed ordinance change. Equity Considerations N/A Recommended Action Motion to approve second reading of Ordinance No. 752 amending City Code Section 2-132 Human Services Commission. Motion to approve Community Services Commission Bylaws. 78 Supporting Documents Ordinance No. 752 Community Services Commission Bylaws 79 ORDINANCE NO. 752 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 2 OF THE CITY CODE CHANGING THE HUMAN SERVICES COMMISSION TO A NEW COMMUNITY SERVICES COMMISSION The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 2, Article V, Section 2-132 is hereby renamed, amended, and shall read as follows: Sec. 2-132. Community Services Commission. (a)Establishment and Composition. A Community Services Commission is hereby established, composed of four members, who shall serve three year staggered terms and one voting youth who shall serve a one (1) year term. (b)Duties and Responsibilities. The Community Services Commission shall study human service needs in the community and recommend action to the Council as to matters regarding funding of those needs. Specifically it shall: (1)Identify the community's needs for human services. (2)Develop guidelines to evaluate funding requests and allocate funds to community service organizations that meet the identified needs of the community. (3) Review funding requests and recommend allocating funds for community service organizations that meet the identified needs of the community (4)Develop strategies for funding through charitable gambling proceeds, fundraisers, or community events. (5)Encourage and enlist participation from the greater Golden Valley community. (Code 1988, § 2.57; Ord. No. 619 , 2nd Series, § 6(2.57), 3-21-2017; Ord. No. 643, 2nd Series , § 1(2.57), 8-8-2018) Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 6th day of December, 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 80 BYLAWS Community Services Commission Article I: Purpose, Mission, and Duties The Community Services Commission (the Commission) exists to support human service needs in the community and recommend action to the City Council regarding funding those needs. With these goals in mind, the Commission will: •Identify the community's needs for human services. •Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. •review funding requests and recommend allocating funds for community service organizations that meet the identified needs of the community •Develop strategies for funding through charitable gambling proceeds, fundraisers, or community events. •Encourage and enlist participation from the greater Golden Valley community. Article II: Membership, Appointments, Terms, and Officers A.Membership The Commission shall consist of four regular membersand one voting youth member. Regular members shall be qualified voters and residents of the City. Youth members shall be individuals 21 years old or younger, who live, work, or attend school in the City of Golden Valley, or who attend school in the Robbinsdale Area School District or the Hopkins Area School District. B.Appointment and Terms Appointments are made effective May 1 of each year. The Council shall appoint four regular members of the Commission for __ year staggered terms. The Council shall appoint youth members for one-year terms at its last meeting in September of each year, effective October 1. The City Council shall appoint the members of the Commission and may fill vacancies for unexpired terms. A vacancy shall be deemed to exist if a member resigns of ceases to meet the membership requirements. Commissioners shall be subject to the term limit requirements in City Code § 2-125. Emphasis for appointments will be based on knowledge of human service needs in the community through participation in community organizations, experience with grant application review, and evidence of personal commitment to the delivery of human and community service needs. Persons involved with agencies or groups that anticipate soliciting funds from the Commission should not seek appointment. The City Council shall appoint the members of the Commission and will fill vacancies for unexpired terms. C.Officers Voting Commission members shall elect officers for Chair and Vice Chair from the Commission 81 membership at a regularly scheduled meeting,(no later than the second meeting after August 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice Chair. Should the office of Chair or Vice Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting for the unexpired term of said office. Chair Responsibilities: •Work with staff liaison to develop meeting agendas. •Conduct and preside at all meetings in a productive and time-efficient manner. •Ensure the Commission conducts its activities within its stated mission. •Appoint Commissioners to subcommittees (if needed). •Monitor and ensure the progress of the Commission. •Report annual funding recommendations to the City Council. Vice Chair Responsibilities: •Perform the duties of the Chair in the absence or incapacity of the Chair. •Perform all other duties as prescribed by the Commission. •Report annual funding recommendations to the City Council. Staff Liaison Responsibilities: •Develop draft of meeting agendas for Chair review. •Develop and distribute grant request applications for funding. •Develop and mail annual donation request letter. •Work with Finance Department for all budget processing and reporting of donations and distributions. •Develop, advertise, and implement annual Run The Valley event, with proceeds going to the Community Services Commission •Secure space and support chair at all commission meetings. •Communicate official regularly scheduled meetings to general public. •Prepare all grant requests for commissioner review. •Prepare report for Chair to be presented to the City Council annually with funding recommendations. Article III: Meetings and Attendance Meetings A. Regular Meetings All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting that has been posted and is open to the public. The presence of a majority of all regular voting members (three) currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion;however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion or there is not a quorum available for the 82 scheduled business. The proceedings of meeting should be conducted using standard parliamentary procedure. The regular meeting of the Commission shall be held on the second Monday of the month at Brookview at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided if proper public notice of the changed meeting is provided. A special meeting may be called by the Chair or whenever three members request the same in writing. Staff shall give notice to each board member, at least three days prior to any special meeting, of the time, place, and purpose of the meeting.[This is repeated under C. Special Meeting below.] General Meeting Schedule: •January – All Commissioners attend Joint City Council/Commission meeting. •July – This is the annual meeting,and officers are elected. Commissioners will review submitted grant applications, review scoring process, and discuss allocation procedures. Orientation and onboarding will also take place. •September – Review scoring sheets, review grant applications,and determine if any applicants should be invited into a future meeting for an interview. Make initial recommendation for funding. •October – Meeting held only if any grant applicants have been invited to be interviewed by Commission. •November - Commission makes final recommendation for grant allocations to be presented to the City Council for approval. •December – Chair and Vice Chair join staff liaison at City Council meeting for presentation and funding recommendations to the City Council for approval. B.Annual Meeting The Annual Meeting of the Commission shall be a regular meeting, typically the first meeting in August, at which time elections will be held. C.Special Meeting A special meeting may be called by the Chair or whenever three members request the same in writing. Staff shall give notice to each board member, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. Attendance Members are expected to attend all scheduled meetings, including the annual Board and Commission Joint Meeting. Members unable to attend a meeting should contact the staff liaison, who will inform the Chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendaryear and 83 send a standardized letter of warningto any member who has missed: •two consecutive or three total meetings Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances (other than health circumstances) prevent the member from committing to consistently attend future meetings, the member may be asked to step down. If the member’s attendance does not improve after receiving a warning, the Council may take action to remove the member. Article IV: Rules A. Agency Selection The Commission will make funding recommendations to the City Council based on the applications and presentations (if needed) provided by agencies making funding requests. Only agencies that meet the standards and criteria set by the Commission will be eligible for selection.All agencyselections by theCommissionaresubject to approval by City Council. B. Eligibility Criteria To beeligibleto receivefunds,applicantsmust: •usethefundsforaprogram,project,orservicethatcontributestothe Cityof GoldenValley andservesclientslocatedin the CityofGoldenValleyintimesofcrisisor need •use the funds for programs,projects,orservicesthat cannotbeduplicatedbyalevelof government •Use the funds for programs,projects, orservicesthat include cooperationor collaborationbetween organizations •have operated and delivered services consistently for a minimum of one year, evidenced by an establishedrecordofmeaningfulservice use levelsandadequate supportthrough financial and/or volunteer contributions •operateonanon-discriminatorybasis,accordingtofederal andstate lawsorGoldenValley ordinances,asappropriateaccordingtothejurisdictionconsistentwiththeapplicant’s serviceareaexcept as provided below •demonstrate that administrative, management, general, and fundraisingcosts donot exceed 15 percentof revenue in any year forwhich the applicant has received funding from the Commission without special Commission review (Whenever administrative management, general costs, and fundraising costs exceed 15 percent for a potential applicant, the Commission shall conduct a special review to determine the appropriateness of the particular circumstances which resulted in these costs exceeding 15 percent. If the Commission wishes to allocate funds to an organization after completing the special review, the Commission, together with the applicant, shall agree upon a strategy for reducing these costs within the following fiscal year.) •submit the appropriate application materials by the established deadline C.Use of Funds & Minimum Fund Balance a. Minimum Fund Balance Each October, the City Finance Director will work with staff liaison to calculate the annual Minimum Fund Balance, which shall be equal to one and one-half times the 84 actual operating expenses of the previous calendar year (January 1 through December 31). For purposes of this paragraph, operating expenses means all approved allocations and all Commission costs and expenses related to fundraising from the previous calendar year. Allocation recommendations shall be made so the balance of the fund at the end of each year is greater than or equal to the annually adjusted Minimum Fund Balance. b. Use of Funds The Commission may make allocation recommendations to the City Council provided the following requirements are met: •Each recommended recipient is 501(c)(3) human services agencies whose request meet the criteria of “lawful purpose” pursuant to Min State Statute 349.12, sub-25. Furthermore, funds may be limited to certain groups based on public purpose expenditure rules. •Each recommended recipient agrees to not use the funds for salaries, general operating expenses or capital projects, an individual or individuals, or any organization licensed in the City for lawful gambling operations. •Each recommended recipient meets all the eligibility criteria in Article IV, paragraph B. •The Minimum Fund Balance requirements of this section are met or will be met by December 31 of the calendar year. All allocation recommendations are subject to approval by the City Council. D. Emergency Allocation Recommendations During a local emergency, the Commission may make emergency allocation recommendations to the City Council for consideration provided all the following criteria have been met: •the city has declared a local emergency. •the recommended recipients meet all the eligibility criteria in Article IV, paragraphs B and C above. •the recommended recipients use the funds to provide services that are related to mitigating the effects of the local emergency. •The Minimum Fund Balance requirements of Article IV, paragraph C above are or will be met by the end of the calendar year, or the Council has approved an exception to those requirements (The Council may only approve an exception to the Minimum Fund Balance requirements for emergency allocations, and the Minimum Fund Balancemust be restored no later than December 31 of the calendar year following the year in which the emergency allocation is made.) The staff liaison working with the Commission shall verify that these criteria have been met; however, because time is of the essence during local emergencies, the Commission may make recommendations pursuant to this paragraph without requiring agencies to submit application materials. Recommendations made pursuant to this paragraph shall be approved by the Council. E.Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City 85 procedures, Minnesota Statute and Rules regarding preservation of public records,and the Minnesota Data Privacy Act. Reports a. Annual Allocation Report By the last regular council meeting of December of each year the Commission and staff liaison shall report fundraising totals and Minimum Fund Balance for the current year as well as fund allocation recommendations for the following calendar year. b. Special Reports The Commission may make special reports to the Council to consider emergency requests or adjustments because of revenue shortfalls, but the Commission must justify the need outside the parameters of the annual allocation report. c. Performance of Duties Commissioners are expected to adequately prepare for and attend meetings. Commissioners unable to complete an assigned task should notify the Commission Chair and staff liaison as soon as possible. The Commission may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant non-performance of duties. Article V: Amendments and Revisions The Commission will review these bylaws at the August meeting every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, if notice of the proposed changes and amendments is provided to each member at least ten business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. 86 Event Event Time Location DECEMBER Sunday, December 11 Winter Market in the Valley (Indoors)10:00 AM - 1:00 PM Brookview Bassett Creek Room Monday, December 12 Special City Council Training Session 8:00 AM - 3:00 PM Council Conference Room Canadian Pacific Holiday Train 4:00 PM - 6:00 PM Railway Crossing at Golden Hills Drive Tuesday, December 13 Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, December 20 Special Executive Session 5:00 PM Manager's Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Friday, December 23 City Offices Closed for Christmas Eve (observed) Monday, December 26 City Offices Closed for Christmas Day (observed) JANUARY Monday, January 2 City Offices Closed for Observance of New Years Day Tuesday, January 3 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, January 8 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, January 10 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, January 15 Sweet Potato Comfort Pie: Annual Dr. Martin Luther King, Jr. Service Holiday 2:00 PM - 4:30 PM Virtual Event Monday, January 16 City Offices Closed for Observance of Dr. Martin Luther King, Jr. Day 2023 Dr. Martin Luther King, Jr. Holiday Breakfast 7:00 AM - Doors Open 8:00 - 9:30 AM - Program Hybrid Event - Minneapolis Convention Center Ballroom, 1301 Second Avenue South,Minneapolis Tuesday, January 17 City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, January 24 Annual City Council Goal Setting Session 5:30 PM - Dinner 6:00 PM - Session begins Hybrid Brookview - Valley Room Thursday, January 26 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room Review of Council Calendar 87