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12-20-16 CC Agenda Packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber December 20, 2016 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes - City Council Meeting December 6, 2016 3-6 B.Approval of City Check Register 7 C.Licenses: 1. General Business Licenses - Cigarettes/Tobacco 8-9 2. City Gambling Licenses 10 3. Multi-Family Rental Property License 11 4. Massage Facility License Renewal - ME Golden Valley, LLC d/b/a Massage Envy Spa 12 5. Massage Facility License Renewal - Artistic Urges LLC d/b/a Artistic Urges Hair Consultants 13 6. Therapeutic Massage Facility License Renewal - Denise Frazier d/b/a D-Way E. T. M. 14 7. Therapeutic Massage Facility License Renewal - Core Healing Arts LLC 15 8. Gambling License Exemption and Waiver of Notice Requirement - Carondelet Catholic School 16-18 9. Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Chapter of Pheasants Forever 19-21 D.Minutes of Boards and Commissions: 1. Open Space and Recreation Commission - September 26, 2016 22 2. Joint Water Commission - July 6, 2016 23-25 3. Bassett Creek Watershed Management Commission - September 15, 2016 26-30 E.Bids and Quotes: 1. Approve Purchase, Galaxy Radio Transmitter RTR Modules for the Water Meter Reading System Upgrade 31 2. Approve Purchase Fire Department Ladder Truck 32-33 3. Approve Purchase Three Ford SUV Police Interceptor Squads (Two Marked, One Unmarked) 34-35 4. Approve Purchase One Single Axle Cab, Chassis, Equipment and Setup 36-37 5. Approve Purchase for 11 Computers in Squads 38 F.Authorization to Sign 2017 Contract Extension with North American Cleaning Service 39-41 G.Authorization to Sign Engagement Letter for Auditing Services for the 2016 Year 42-51 3. CONSENT AGENDA - continued H.Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations 16-79 52-55 I.Approval of 2017 General Wages and Salaries for Non-union Personnel 16-80 56-59 J.Authorization to Sign Joint Powers Agreement with MN Bureau of Criminal Apprehension for Access to Criminal Justice Data Communications Network (CJDN) and the Amendment to the CJDN Subscriber Agreement 16-81 60-78 K.Receipt of November 2016 Financial Reports 79-87 L.Approval of Financing of Capital Equipment Establishing Compliance with Bond Regulations under the Internal Revenue Code 16-82 88-91 M.Amendment to the 2016 General Fund Budget 16-83 92-93 4.PUBLIC HEARINGS 5.OLD BUSINESS 6.NEW BUSINESS A.Approval of 2017 Legislative Priorities 94-118 B.Authorization to Sign Golden Valley Community Foundation Memorandum of Understanding 119-123 C.2017 Council Meeting Dates 124 D.Announcement of Meetings 1. Future Draft Agendas: City Council January 3, 2017, Council/Manager January 10, 2017 and City Council January 17, 2017 125-127 E.Mayor and Council Communications 7.ADJOURNMENT UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA December 6, 2016 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk Luedke. 1C. Receipt of Human Services Fund 2017 Allocation Report Mayor Harris recused himself from the item because he represents one of the recipients being recommend for an allocation. Mayor Pro-Tem Fonnest presided over the item. Ms. Denise La Mere - Anderson, Chair, and Mr. Aaron Black, Committee Member Human Services Fund, reviewed the funding report and answered questions from Council. Council thanked the Human Service Fund and staff for their service to Golden Valley. MOTION made by Council Member Schmidgall, seconded by Council Member Snope to receive, file and approve the inclusion of allocations in the budget for the 2017 Allocation Report and approve notifying the twelve agencies of their 2017 allocation amount with the following designations and the motion carried. Canvas Health/Crisis Connection:Funds to be used to continue crisis phone service. Crisis Nursery:Funds to be used to provide support and assistance for Golden Valley families in crisis. Dinner At Your Door:Funds to be used to supply discounted meals for residents as needed. HUG:Funds to purchase diapers for families in Golden Valley or teen parents attending high school within Golden Valley. PRISM:Funds to be used to provide emergency and support services for Golden Valley residents. Resource West:Funds to be used to support the Winter Warm Wear program. Senior Community Services HOME:Funds to be used for sliding fee scale to assist low-income Golden Valley seniors. Senior Community Services Outreach:Funds to be used for in-home service coordination and counseling to Golden Valley Residents. Sojourner Project:Funds to be used to support Sojourner Project’s Shelter and Community Legal Advocacy Program for Golden Valley residents. The Bridge for Youth:Funds to be used for direct basic needs of youth shelter residents. TreeHouse:Funds to be used to support teens served at the New Hope TreeHouse. YMCA - New Hope:Funds to be used to provide scholarships for memberships and programs for residents. Unofficial City Council Minutes -2- December 6, 2016 1D. Presentation of Bill Hobbs Human Rights Award Mayor Harris introduced the agenda item. Mayor Harris presented the Bill Hobbs Human Right Awards to Mr. Andrew Ramlet on behalf of Mr. Thomas Carlson of the Perpich Center for Arts Education and the Golden Valley Pride Festival Steering Committee members which included: Mr. Aaron Black, Ms. Shennon Black, Mr. Jonathan Burris, Mr. Larry Fonnest, Ms. Joanie Clausen, Ms. Teresa Black, Mr. Peter Knaeble and Ms. Kimberly Sanberg. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Snope to approve the agenda of December 6, 2016, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Snope to approve the consent agenda of December 6, 2016, as revised: removal of 3E-Accepting a Donation from USTA Northern for tennis court lines at Brookview Park and the motion carried. 3A.Approve Minutes of the City Council Meeting of November 15, 2016. 3B. Approve City Check Register and authorize the payment of the bills as submitted. 3C1.Approve the issuance of an On-Sale Intoxicating Liquor License with Sunday Sales to Sushi X Inc. d/b/a Sushi X located at 6440 Wayzata Boulevard through June 30, 2017. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - October 24, 2016 2. Board of Zoning Appeals - September 27, 2016 3. Human Services Fund - August 8, 2016 4. Open Space and Recreation Commission - July 25, 2016 5. Joint Water Commission - June 1, 2016 3E.Adopt Resolution 16-73, accepting a Donation from USTA Northern for Tennis Court Lines at Brookview Park. 3F.Approve expenditure for change order requests from Adolfson & Peterson Construction for a payment of $30,627 for change order #1 and a payment of $61,978 for change order #2 for the Brookview project. 3G.Adopt second consideration,Ordinance #615, amending Sections 3.01, 3.21, and 3.33 of the City Code regarding the addition of a Sewer Access Charge and Water Access Charge and approve the Summary of Ordinance #615 for publication. 3H.Adopt second consideration,Ordinance #616, establishing a 2017 Master Fee Schedule. 3I.Adopt Resolution 16-75, adopting the 2017-2018 Budget for Enterprise, Special Revenue and Internal Services Funds. 3J.Adopt Resolution 16-76, approving the 2017-2021 Capital Improvement Program. 3K.Award a contract for the Demolition of 9450 Olympia Street to Bollig & Sons, Inc. in the amount of $20,466. 3L.Authorize the City Manager and Mayor to sign the School Resource Officer Service Agreement with Independent School District 281. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3E. Acceptance of Donation from USTA Northern for Brookview Park Council Member Fonnest thanked USTA Northern for their donation of tennis court lines for Brookview Park. Unofficial City Council Minutes -3- December 6, 2016 3E. Acceptance of Donation from USTA Northern for Brookview Park - continued MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt Resolution 16-73, accepting a Donation from USTA Northern for tennis court lines at Brookview Park upon a vote being taken the following voted in favor of: Fonnest, Snope, Schmidgall, Harris, and Clausen and the following voted against: none and the motion carried. 4. PUBLIC HEARING 4A.Public Hearing - Adoption of 2017-2018 General Fund Budget and Property Tax Levies for Taxes Payable 2017 Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding the 2017 General Fund Budget and Property Tax Levy. MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to adopt Resolution 16-77, adopting the 2017 General Fund Budget upon a vote being taken the following voted in favor of: Snope, Schmidgall, Harris, Clausen and Fonnest and the following voted against: none and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 16-78, adopting the Property Tax Levies for Taxes Payable 2017 Budget upon a vote being taken the following voted in favor of: Harris, Snope, Schmidgall, Clausen and Fonnest and the following voted against: none and the motion carried. 4B. Public Hearing - Approval of Conditional Use Permit 154 - 700 Colorado Avenue South - Morrie’s Automotive Group, Applicant Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Ms. Lynn Robson, CFO Morrie’s Automotive Group, came forward and answered questions from Council. Mayor Harris closed the public hearing. There was Council discussion regarding the Conditional Use Permit for Morrie’s Automotive Group. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Ordinance #617, approval of Conditional Use Permit No. 154, 700 Colorado Avenue South, Morrie’s Automotive Group, Applicant upon a vote being taken the following voted in favor of: Harris, Schmidgall, Clausen, Snope and Fonnest and the following voted against: none and the motion carried. Unofficial City Council Minutes -4- December 6, 2016 6. NEW BUSINESS 6A. METRO Blue Line Extension Update Planning Manager Zimmerman presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. There was Council discussion regarding the METRO Blue Line Extension update. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to receive and file the METRO Blue Line Extension Update and the motion carried. 6B. Announcement of Meetings Some Council Members may attend the Golden Valley Business Council meeting on December 8, 2016, from 7:30 to 9 am at Second Harvest Heartland. Some Council Members may attend the Hidden Village Board of Directors meeting regarding the Bassett Creek Renovation Project on December 8, 2016, at 5 pm in the Council Conference Room. The Canadian Pacific Holiday Train will stop in Golden Valley on December 10, 2016, at 3:35 pm at the Golden Valley Level Railway Crossing at Golden Hills Drive. The next Council/Manager meeting will be held on December 13, 2016, at 6:30 pm in the Council Conference Room. The next City Council meeting will be held on December 20, 2016, at 6:30 pm in the Council Chambers. Some Council Members may attend an Emergency Management Training on December 29, 2016, from 1 to 4 pm in the Council Chambers. 6C. Mayor and Council Communication Mayor Harris stated that the Douglas Drive project target date for completion is December 13, 2016. 7.ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Schmidgall and the motion carried unanimously to adjourn the meeting at 8:08 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments •Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 1. General Business Licenses Prepared By Kris Luedke, City Clerk Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant name and address, license type and fee of those who have submitted an application for approval. #9313 Down in the Valley, Inc.Cigarettes/Tobacco $ 275 8020 Olson Memorial Highway #9311 Feist Automotive Group Cigarettes/Tobacco $ 275 d/b/a Feist Automotive 1875 Lilac Drive N #9317 Freddie Petroleum Inc.Cigarettes/Tobacco $ 275 d/b/a Amstar Gas Station 9405 Medicine Lake Road #9307 Golden Valley Country Club Cigarettes/Tobacco $ 275 7001 Golden Valley Road #9305 Golden Valley Liquor Barrel Cigarettes/Tobacco $ 275 7890 Olson Memorial Highway #9310 Holiday Stationstores, Inc.Cigarettes/Tobacco $ 275 7925 Wayzata Boulevard #9312 KKS Inc. - Potpourri Gifts Cigarettes/Tobacco $ 275 5500 Wayzata Boulevard #LL120 #9316 Linn Retail Centers Inc.Cigarettes/Tobacco $ 275 d/b/a Golden Valley Holiday Store #3 600 Boone Avenue North #9308 Northern Tier Retail LLC Cigarettes/Tobacco $ 275 d/b/a SuperAmerica #4443 1930 Douglas Drive #9309 Northern Tier Retail LLC Cigarettes/Tobacco $ 275 d/b/a SuperAmerica #4497 6955 Market Street #9304 RZMP Corporation Cigarettes/Tobacco $ 275 d/b/a Schuller’s Tavern 7345 Country Club Drive #9306 Scoreboard Inc.Cigarettes/Tobacco $ 275 d/b/a J.J.’s Clubhouse 6400 Wayzata Boulevard #9333 Walgreens Company Cigarettes/Tobacco $ 275 d/b/a Walgreens #430 5659 Duluth Street #9315 Walgreens Company Cigarettes/Tobacco $ 275 d/b/a Walgreens #13841 2500 Winnetka Avenue Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 2. City Gambling Licenses Prepared By Judy Nally, Administrative Assistant Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post #523 Chester Bird American Legion Post #523 200 Lilac Drive North 200 Lilac Drive North Golden Valley, Minnesota 55427 Hopkins Youth Hockey Association JJ’s Clubhouse 25 Ninth Avenue North 6400 Wayzata Boulevard P O Box 458 Hopkins, Minnesota 55343 Crystal Lions Schullers Tavern P O Box 28106 7348 Country Club Drive Crystal, Minnesota 55422 Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post #523; Hopkins Youth Hockey Association and Crystal Lions. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 3. Multi-Family Rental Property License Prepared By Dave Gustafson, Fire/Property Maintenance Specialist Jill Lund, Administrative Assistant Summary The following multi-family rental property has applied for its rental license PROPERTY LICENSE FEE Cornerstone Creek Apartments - 9280 Golden Valley Road $ 175 Recommended Action Motion to authorize the renewal of multi-family rental license as recommended by staff. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 4. Therapeutic Massage Facility License Renewal - ME Golden Valley, LLC d/b/a Massage Envy Spa Prepared By Jason Sturgis, Chief of Police Jeff Johnson, Sergeant Summary ME Golden Valley, LLC d/b/a Massage Envy Spa, located at 7704 Olson Memorial Highway has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that ME Golden Valley, LLC d/b/a Massage Envy Spa is owned by Kevin Seeger of Plymouth, Minnesota; Eileen Seeger, Grand Forks, North Dakota; and Beth Seeger, Phoenix, Arizona. A background investigation is in process for Mr. Kevin Seeger, Ms. Eileen Seeger, and Ms. Beth Seeger. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for ME Golden Valley, LLC d/b/a Massage Envy Spa, located at 7704 Olson Memorial Highway, pending satisfactory completion of the background investigation. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 5. Therapeutic Massage Facility License Renewal - Artistic Urges LLC d/b/a Artistic Urges Hair Consultants Prepared By Jason Sturgis, Chief of Police Jeff Johnson, Sergeant Summary Artistic Urges LLC d/b/a Artistic Urges Hair Consultants, located at 1405 North Lilac Drive, Suite 114,has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that Artistic Urges LLC d/b/a Artistic Urges Hair Consultants is wholly owned by DeVonne Lynn Reinhardt-Brock of Minneapolis, Minnesota. A background investigation is in process for Ms. Reinhardt-Brock. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for Artistic Urges LLC d/b/a Artistic Urges Hair Consultants at 1405 North Lilac Drive, Suite 114, pending satisfactory completion of the background investigation. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 6. Therapeutic Massage Facility License Renewal - Denise Frazier d/b/a D-Way E. T. M. Prepared By Jason Sturgis, Chief of Police Jeff Johnson, Sergeant Summary Denise Frazier d/b/a D-Way E. T. M., located at 1710 Douglas Drive, Suite 209D, has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that D-Way E. M. T.is owned by Denise Frazier of St. Louis Park, Minnesota. A background investigation is in process for Ms. Frazier. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for Denise Frazier d/b/a D-Way E. T. M., located at 1710 Douglas Drive, Suite 209D, pending satisfactory completion of the background investigation. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 7. Therapeutic Massage Facility License Renewal - Core Healing Arts LLC Prepared By Jason Sturgis, Chief of Police Jeff Johnson, Sergeant Summary Core Healing Arts LLC, located at 1405 North Lilac Drive, Suite 113D,has applied for a Therapeutic Massage Facility License renewal. Documents submitted by the applicant indicate that Core Healing Arts LLC is owned by John Carlson of New Hope, Minnesota. A background investigation is in process for Mr. Carlson. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for Core Healing Arts LLC located at 1405 North Lilac Drive, Suite 113D, pending satisfactory completion of the background investigation. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 8. Gambling License Exemption and Waiver of Notice Requirement - Carondelet Catholic School Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments •Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Carondelet Catholic School. MINNESOTA LAWFUL GAMBLING 9/16 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and awards less than$50,000 in prizes during a calendar is postmarked or received 30 days or more before the event, the year. application fee is$100; otherwise the fee is$150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling "y Name: ► �`"'��E(�C, I (�1 ,•'V�i�C Vt/�O(� Permit Number: J/ `o✓ l�'Q�� Minnesota Tax ID �j^ Federal Employer ID (L/ F 1-7309? Number, if any: y0 / Number(FEIN), if any: 7 b Mailing _3Z/ 0 Wes,- Address: City: M �NO�� a Ll State: / r/1�z`zt� Zip:�r /O County: Name of Chief Executive Officer(CEO): �sr „" ` `�L l V, Daytime Phone: C� t Z-) ey e[ 7_-7-5673 Email: s^ rovic elet �• 61� NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal = Religious O Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website,phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS-Affiliate of national,statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted,//)C�/J� ,1 �Llt�d� a�4�,��P6dM (for raffles, list the site where the drawing will take /p�laccee):�/^"//�G II�IIAQL/Tp pNx Address (do not use P.O. box): 5 7 l i? City or /'dL_p_r ,/ v�f Township: _ C� /� +' ✓�� Zip: / County: � IN Date(s)of activity(for raffles, indicate the date of the drawing): Check each type of gambling activity that your organization will conduct: ❑Bingo ❑Paddlewheels ❑Pull-Tabs F-1Tipboards [�/q Raffle (total value of raffle prizes awarded for the calendar year: $ Z 0 l,'5_. 0 d ) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board, EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under List of Licensees, or call 651-539-1900. LG220 A lication for Exem t Permit 9/16 2 p Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. _The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. _The application is denied. _The application is denied. 9 �/ /✓ Print City Name: �' 't��1 V l(. , Print County Name: SignaturJR\of City Personnel:, Signature of County Personnel: (71` Title: Date: Title: Date: TOWNSHIP(if required by the county) On behalf of the township, I acknowledge that the organization --- -------- ---- -- - - ________ is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) submitting application to the Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Bo d,within 30 ay of the event date. 2 Chief Executive Officer's Signature: _/// `""a Date: t I ✓0 �� (Signature must be CEO's signature;designee may not sign) If Print Name: i5c 54A Kcxx REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and • all gambling conducted on one day. application fee(non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is$100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e. large print, braille) upon request. An equal opportunity employer Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. C. 9. Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Chapter of Pheasants Forever Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments •Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Chapter of Pheasants Forever. MINNESOTA LAWFUL GAMBLING 9/16 LG220 Application for Exempt Permit Page I of 2 �.An exempt permit may be issued to a nonprofit Application Fee (non-refundable)rganization that: conducts lawful gambling on five or fewer days, and Applications are processed in the order received. If the application awards less than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event,the year. application fee is $100; otherwise the fee is$1SO. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION F Previous Gambling orthwest Suburban Chapter of Pheasants Forever Permit Number: X-36487 ID Federal Employer ID : Number(FEIN), if any: Mailing Address: 10015 Holloway Farms Road City: Greenfield State: MN Zip: 55357 County: Hennepin Name of Chief Executive Officer(CEO): Bruce Behm Daytime Phone: 763-550-9000 Email: Bruceb@quazarcapital.com NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Q Veterans 0 Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) FIA current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (S01(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS-Affiliate of national,statewide,or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and �2. the charter or letter from your parent organization recognizing your organization as a subordinate. G PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Golden Valley Country Club Address (do not use P.O. box): _7001 Golden Valley Road City or Township: Golden Valley Zip: 55427 County: Hennepin Date(s) of activity (for raffles, indicate the date of the drawing): February 4, 2017 Check each type of gambling activity that your organization will conduct: ❑Bingo ❑Paddlewheels ❑Pull-Tabs ❑Tipboards Raffle (total value of raffle prizes awarded for the calendar year: $20,000.00 ) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under List of Licensees, or call 651-539-1900. 9/16 LG220 Application for Exempt Permit Page 2of2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is denied. The application is denied. Print City Name: Golden Valley Print County Name: Signa.. re of CityPerson� Signature of County Personnel: Title: C�� Date: Title: Date: TOWNSHIP(if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. `—�– Chief Executive Officer's Signature: Date: 11/28/16 (Signature must be CEO's signature; designee may not sign) Print Name: Bruce Behm REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form (and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format (i.e. large print, braille) upon request. An Equal Opportunity Employer GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Meeting Minutes September 26, 2016 Present: Commissioners: Roger Bergman, Andy Bukowski, John Cornelius, Gillian Rosenquist, Kimberly Sanberg, and Dawn Speltz. Staff: Director of Parks and Recreation, Rick Birno; Park Supervisor, Al Lundstrom; and Public Works Maintenance Manager, Bert Tracy. Absent: Kelly Kuebelbeck and Bob Mattison. 1. Call to Order Cornelius called the meeting to order at 5 pm. 2. Approval of Minutes —July 25, 2016 MOTION: Moved by Bergman and seconded by Bukowski to approve the July 25, 2016 minutes. Motion carried unanimously. 3. Staff Updates a) New Brookview Bid Process Updates and Next Steps — Birno said the bids for the Brookview project came in under budget. Construction will begin after the October 5 groundbreaking. b) Brookview Groundbreaking — Birno said the event is set for October 5 at 5:30 p.m. c) Sandburg Grand Opening Event— Birno said the event was successful and well attended. d) Comprehensive Plan Open House Update — Birno said the open house was well attended and they received valuable input from residents. e) Grant for St. Croix and Medley Park Play Structures — Birno said city staff applied and have been awarded equipment matching grants for the new play structures at St. Croix and Medley Parks. f) Isaacson Park Grant Application — Birno said city staff will be working with Golden Valley Little League to submit a grant application for improvements to Isaacson fields. 4. Parks and Open Space Tour City staff and Commissioners visited the following parks and open space areas: Brookview Park — New Gazebo and Adjustable Hoop Golden Oaks Park — New Park Design and Amenities Lakeview Park— New Play Structure North Wesley— Ball Field #3 Improvements Liberty Crossing at Winnetka and Medicine Lake Road Sandburg Athletic Facility— New Athletic Complex and Storage Building Wildwood Park— New Sun Shelter and Adjustable Hoop Hampshire Park—Wetland Issues St. Croix Park— Creek Improvements and Play Structure Location 5. Adjournment MOTION: Moved by Bergman and seconded by Rosenquist to adjourn at 7:30 pm. Motion carried unanimously. John Cornelius, Chair ATTEST: Sheila Van Sloun, Administrative Assistant JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of July 6, 2016 The Golden Valley— Crystal — New Hope Joint Water Commission (JWC) meeting was called to order at 1:30 pm in the City of Golden Valley Council Chambers. Commissioners Present Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Tim Cruikshank, City Manager, Golden Valley Staff Present Marc Nevinski, Physical Development Director, Golden Valley Sue Virnig, Finance Director, Golden Valley Bernie Weber, Operations Manager, New Hope Randy Kloepper, Water Superintendent, Crystal Dave Lemke, Utilities Supervisor, New Hope R.J. Kakach, Utility Engineer, Golden Valley Bob Paschke, Director of Public Works, New Hope Mark Ray, Director of Public Works/City Engineer, Crystal Joe Hansen, Utilities Supervisor Approval of Minutes — June 1, 2016 Moved by McDonald seconded by Cruikshank to approve the minutes of the June 1, 2016 Joint Water Commission Meeting. Motion carried. Resolution #16-02 Making Annual Elections For the 2016-2017 Insurance Policy Commissioner McDonald introduced the following resolution and moved its adoption: RESOLUTION 16-02 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2016-2017 INSURANCE POLICY The motion for the adoption of the foregoing resolution was seconded by Commissioner Cruikshank and upon a vote being taken thereon, the following voted in favor thereof: Norris, McDonald, and Cruikshank; and the following voted against the same; none; whereupon said resolution was declared duly passed and adopted; signed by the Chair and their signature attested by the Vice Chair. Consumption Reports Virnig responded to questions from the Commission regarding consumption and billing procedures. Staff reported actual water consumption is decreasing and explained other water consumption areas include, watermain brakes, firefighting and hydrant flushing. Virnig explained this is a discussion/information only item and no action needs to be taken. Joint Water Commission July 6, 2016 Page 2 of 3 Resolution 16-03 Adopting the 2017-2021 Capital Projects for the Golden Valley— Crystal — New Hope Joint Water Commission Commissioner McDonald introduced the following resolution and moved its adoption.. RESOLUTION 16-03 RESOLUTION ADOPTING THE 2017-2021 CAPITAL PROJECTS FOR THE GOLDEN VALLEY— CRYSTAL — NEW HOPE JOINT WATER COMMISSION The motion for the adoption of the foregoing resolution was seconded by Commissioner Cruikshank and upon a vote being taken thereon, the following voted in favor thereof: Norris, McDonald, and Cruikshank; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted, signed by the Chair and their signature attested by the Vice Chair. Resolution 16-04 of the Joint Water Commission Adopting the 2017 General Fund Budget Commissioner McDonald introduced the following resolution and moved its adoption: RESOLUTION 16-04 RESOLUTION OF THE JOINT WATER COMMISSION ADOPTING 2017 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was seconded by Commissioner Cruikshank and upon a vote being taken thereon, the following voted in favor thereof: Norris, McDonald, and Cruikshank; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted, signed by the Chair and their signature attested by the Vice Chair. 2015 Annual Reports Staff presented the Commission with the 2015 annual report including the independent auditor's report from Malloy, Montague, Karnowski, Radosevich and Company. There were no findings this year. Motion by McDonald seconded by Cruikshank to accept the 2015 Annual Reports as submitted. Motion carried. Award The Golden Valley Reservoir Security Fence Project The Golden Valley Reservoir has a fence along the western boundary line to separate the Hidden Lakes neighborhood from the reservoir site. The security fence will provide a safe and secure drinking water system and become complaint with Homeland Security requirements. The fence will be a black chain link fence 8' in height. Also, an additional $1,000 - $2,000 to survey the property is required. The TAC committee solicited quotes from two vendors. Moved by McDonald seconded by Cruikshank to award the Golden Valley Reservoir Security Fence Project to Town & Country Fence in the amount of $29,250. Motion carried. TAC Update Punch-list items for the 36" PCCP project have been completed and staff is waiting for the as-builts from BMI. Mark Ray is inquiring the Water Supply requirements for the Water Supply Plan. The Generator Move will be taking place in August. Short Elliot Hendrickson (SEH) will recommend potential solutions to transient pressure issue and will submit draft risk analysis maps for review the week of June 27th. TAC discussed analysis of cost and Joint Water Commission July 6, 2016 Page 3 of 3 realize cost will be slightly higher than anticipated. Crystal and New Hope working to test emergency wells over the next several month. Other Business Staff will provide up update on the 2016 Capital Improvement Projects. Tri City Council Update: Each city has agreed to be responsible and move forward for projects in their own boundaries. There will not be a Joint Waters Agreement instead a less formal agreement will be put in place. Each City needs to move forward on funding from the legislature. A Resolution to indicate how the Cities are working together will be drawn up after the elections. Next Meeting The next meeting is scheduled for August 3, 2016 at 1:30 pm in the Golden Valley Council Conference Room. Adjournment Moved by McDonald seconded by Norris to adjourn meeting. Motion carried. Chair Norris adjourned the meeting at 2:15 pm. Chair Anne Norris ATTEST: Sue Schwalbe, Recording Secretary Bassett Creek Watershed Management Commission Minutes of Regular Meeting September 15, 2016 Golden Valley City Hall, 8:30 a.m. Commissioners and Staff Present: Crystal Commissioner Guy Mueller,Vice Plymouth Alt. Commissioner Dave Chair Tobelmann Golden Valley Commissioner Stacy Hoschka, Robbinsdale Alt. Commissioner Scanlan Secretary/Treasurer Medicine Lake Commissioner Clint Carlson St. Louis Park Commissioner Jim de Lambert,Chair Minneapolis Commissioner Michael Welch Administrator Laura Jester Minnetonka Alt. Commissioner Jacob Millner Attorney Kyle Hartnett,Kennedy& Graven New Hope Commissioner John Elder Engineer Karen Chandler,Barr Engineering Technical Advisory Committee(TAC)Members/Other Attendees: Derek Asche,TAC,City of Plymouth Jeff Oliver,TAC,City of Golden Valley Erick Francis,TAC,City of St.Louis Park Megan Albert,TAC,City of New Hope Liz Stout,TAC,City of Minneapolis Jane McDonald Black,Alternate Commissioner, Golden Valley Mark Ray,TAC,City of Crystal Jeff Weiss,Barr Engineering Richard McCoy,TAC,City of Robbinsdale Gary Holter,Alternate Commissioner,Medicine Lake Tom Dietrich,TAC,City of Minnetonka Steve Christopher,MN Board of Water and Soil Resources Dave Stack,Friends of Bassett Creek 1. CALL TO ORDER AND ROLL CALL On Thursday, September 15,2016, at 8:32 a.m. in the Council Conference Room at Golden Valley City Hall(7800 Golden Valley Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission(BCWMC)and asked for roll call to be taken. 1 BCWMC September 15, 2016, Meeting Minutes Administrator Jester reported that she was trying a new caterer for meeting refreshments that's located across the street and would be providing non-disposable plates,cups and utensils. She said that she is happy to take comments on the coffee or refreshments. 2. CITIZEN FORUM ON NON-AGENDA ITEMS No comments from citizens. 3. APPROVAL OF AGENDA MOTION: Alt. Commissioner Tobelmann moved to approve the agenda. Commissioner Welch seconded the motion.Upon a vote,the motion carried 9-0. 4. CONSENT AGENDA MOTION: Commissioner Mueller moved to approve the consent agenda. Alt. Commissioner Scanlan seconded the motion.Upon a vote,the motion carried 9-0. [The following items were approved as part of the consent agenda: the August 18, 2016, Commission Meeting Minutes,the September 2016 Financial Report,the payment of invoices,the purchase of bond insurance per the Joint Powers Agreement, and the comment letter on the Mississippi Watershed Management Organization's 2016 Minor Plan Amendment.] The general and construction account balances reported in the September 2016 Financial Report are as follows: Checking Account Balance $583,933.86 TOTAL GENERAL FUND BALANCE $583,933.86 TOTAL CASH&INVESTMENTS ON-HAND (9/06/16) $2,857,413.93 CIP Projects Levied—Budget Remaining $3,970,569.69 Closed Projects Remaining Balance ($1,113,155.76) 2011-2015 Anticipated Tax Levy Revenue $6,710.47 2016 Anticipated Tax Levy Revenue $601,430.96 Anticipated Closed Project Balance $505,014.33 Page 2 of 5 BCWMC September 15, 2016, Meeting Minutes 5. PUBLIC HEARING A. Receive Comments from Member Cities and Public on the Proposed 2017 Capital Improvement Program(CIP)Projects Chair de Lambert opened the public hearing at 8:35 a.m. Commission Engineer,Jeff Weiss,gave a brief presentation with an overview of the Plymouth Creek Restoration Project and the Bassett Creek Main Stem Erosion Repair Project. Regarding the latter,Mr. Weiss indicated that there was no new information on when redevelopment will actually take place at the Fruen Mill site and whether or not the CIP project will be accomplished at the same time. He noted that if the project timing doesn't line up,that during the CIP project, some concrete would be removed from the Fruen Mill streambank in order to slope back the bank and add some vegetation.He reported the Main Stem Erosion Repair Project is estimated to cost$340/linear foot which is higher than most projects due to contaminated soils and the narrow corridor where the work will take place. Administrator Jester noted that both CIP projects will not only improve water quality by reducing erosion but will also improve instream and near stream habitat for aquatic life. Regarding the Plymouth Creek Restoration Project,there was consensus that coordination was needed with the Plymouth Parks Department and that engaging the disc golfing community would be advantageous.It was acknowledged that signage would be needed within the park and that some disc golf holes may need to be realigned. There was a question about the high costs of the projects and the ability for the Commission to hold costs down. Engineer Weiss noted that there would be little if any savings in constructing the projects together because of the distance between the projects. Administrator Jester reminded Commissioners that they were applying for$600,000 worth of grant funds for the two projects and that the feasibility studies already identified the most cost effective restoration and stabilization practices. Dave Stack with Friends of Bassett Creek asked why there was such little vegetation along Plymouth Creek. Mr.Weiss indicated that the banks are very shaded by the overhead canopy and that heavy foot traffic doesn't allow vegetation to become established. There were no other comments or questions from the public or member cities. Chair de Lambert closed the public hearing at 9:07 a.m. 6. BUSINESS A. Consider Approval of Resolution 16-08 Ordering 2017 Improvements Administrator Jester reviewed the language of the resolution indicating that by approving the resolution the Commission would officially order the two 2017 CIP projects(Plymouth Creek Restoration Project and Bassett Creek Main Stem Erosion Repair Project),designate member cities responsible for project construction,make findings pursuant to MN Statutes 103B.251, certify the costs of the projects to Hennepin County,and approve the agreements with the responsible cities. She reviewed the table in 6Aiii,which shows the costs for various aspects of the two projects including feasibility studies; Commission administration,legal and engineers costs; construction and design. She noted that the maximum levy request of$1,303,600 for 2017 that was forwarded to the County in May,was an appropriate final 2017 levy amount and that it would fund the final portion of the Northwood Lake Project and the first portion of the two 2017 Page 3 of 5 BCWMC September 15, 2016, Meeting Minutes projects, as shown in the table in 6Aiii. Administrator Jester noted that the Commission will apply for$600,000 in county and state grant funding for the two 2017 projects. If no grant funding is awarded, she noted that over$947,000 in 2018 levy funds would be needed to finish the two 2017 CIP projects. She reported that it may be difficult to fund the entire 2018 CIP project(dredging Bassett Creek Park Pond and Winnetka Pond)if the Commission wishes to keep the levy at approximately$1.3M. However, she also noted there are several options for funding the 2018 project and more will be known after the feasibility study for that project is complete. Commissioner Welch moved to amend the agreements with the Cit�of Plymouth and the City of Minneapolis to read in Section 2: "....Minor changes that do not deviate from the direction of the Commission and do not materially change either the effectiveness of the Project to meet its intended purposes or the environmental impacts of the Project may be approved by the City, in consultation with the Commission Administrator,without requiring approvals by the Commission." [Additions shown in italics.] Seconded by Commissioner Mueller.Upon a vote, the motion carried 9-0. Commissioner Welch moved to adopt Resolution 16-08. Seconded by Commissioner Mueller. Upon a vote,the motion carried 9-0. B. Consider Attendance at Aquatic Invaders Summit Administrator Jester noted that a 2-day conference or summit on aquatic invasive species is planned for early October in St. Cloud. She asked if there were Commissioners that might be interested in attending or if the Commission would like to send her due to their current committee's consideration of aquatic plant management and aquatic invasive species(AIS). She noted the breakout sessions of the conference weren't set yet. She that she asked the Commission Engineer and partners such as Three River Park District(TRPD)and the City of Plymouth if they were sending staff to the conference. TRPD and Barr Engineering had noted they are sending staff to similar AIS conferences and workshops but not to the summit in St. Cloud. Commissioner Welch moved to authorize attendance at the Aquatic Invaders Summit by the Administrator,as appropriate. Seconded by Commissioner Elder.Upon a vote the motion carried 9-0. 7. COMMUNICATIONS A. Administrator's Report Administrator Jester noted that besides her written report, she reminded the Commission that the November Commission meeting will be held on Wednesday the 161. She also noted that Len Kremer from Barr Engineering would be honored for his decades of service to the Commission during the November meeting. Commissioners listed other, former Commission members that should be invited to the November meeting to help honor Len. Administrator Jester also updated the Commission on the Blake School Field Trip scheduled for September 29'and visiting Northwood Lake,the Main Stem restoration project through Wirth Park,the Wirth Lake outlet structure,and the Fruen Mill site. Page 4 of 5 BCWMC September 15, 2016, Meeting Minutes B. Chair No comments C. Commissioners Commissioner Hoschka reminded Commissioners to be aware of possible email scams with emails appearing to come from other Commissioners and asking for sensitive information or money. D. TAC Members No comments. E. Committees No comments F. Legal Counsel No comments G. Engineer Commission Engineer Chandler reported that the Commission Engineer is and will be reviewing updates to city's floodplain ordinance per the new watershed plan. She noted that these will be administrative reviews unless something significant comes up within the review. 8. INFORMATION ONLY (Available at http://www.bassettcreekwmo.org/document/meeting- materials-minu/meeting-materials/thursday-september-15-2016 ) A. CIP Project Updates: Now Available Online http://www.bassettcreekwmo.org/projects B. Grant Tracking Summary and Spreadsheet C. Hennepin Co.Natural Resources Opportunity Grant Application Submission—Plymouth Creek Restoration Project D. WCA Notice of Exemption—Plymouth E. WCA Notice of Decision by BCWMC—1143 South Shore Drive,Medicine Lake F. WCA Notice of Decision by BCWMC—10715 South Shore Drive,Medicine Lake G. Hennepin County Input Session September 29'(morning or evening options,Brookdale Library,Brooklyn Center)"Envisioning the future of environmental education for youth" http://www.hennepin.us/business/work-with-henn-co/envisioning-future-environm ental- education H. Clean Water Summit September 22"d,Minnesota Landscape Arboretum,Register at http://www.arboretum.umn.edu/2016cleanwatersummit.aspx 1. State of the(Mississippi)River Report Launch and Presentation September 22"d, Science Museum of Minnesota, St.Paul. Free to register at http://fmr.or2/events/2016/09/22/state- river-launch J. Water Resources Conference,October 18—19, St.Paul RiverCentre, http://www.wrc.umn.edu/news-events/waterconf 9. ADJOURNMENT- Chair de Lambert adjourned the meeting at 9:43 a.m. Signature/Title Date Signature/Title Date Page 5 of 5 Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. E. 1. Approve Purchase, Galaxy Radio Transmitter RTR Modules for the Water Meter Reading System Upgrade Prepared By Bert Tracy, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary Golden Valley Public Works is in the process of upgrading the water meter reading system to the new Galaxy Fixed Base Meter Reading System. Wireless Galaxy transmitter modules will be installed on every water meter throughout the City of Golden Valley. Purchase and installation of the Galaxy radio module is required to read the water meters in the fixed base meter reading system. The Galaxy radio transmitter module upgrades are an integral part of the radio meter reading system. The purchase of the transmitter modules will be funded by the Water and Sanitary Sewer Enterprise Account (W&SS-063) as listed in the 2017-2021 Capital Improvement Program. Public Works staff has received quotes from Metering and Technology Solutions and National Meter and Automation, Inc. The price quotes per RTR Galaxy Module and total cost for the purchase of 490 units are listed below. Vendor Price per Unit Units Total Cost Metering Technology Solutions $202.00 490 $ 98,980.00 National Meter & Automation, Inc.$244.85 490 $119,976.50 Recommended Action Motion to approve purchase of 490 Galaxy radio transmitter RTR Modules from Metering Technology and Solutions for a cost of $98,980. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. E. 2. Approve Purchase Fire Department Ladder Truck Prepared By Bert Tracy, Public Works Maintenance Manager Marshall Beugen, Vehicle Maintenance Foreman John Crelly, Fire Chief Summary The proposed 2017-2021 Capital Improvement Program (CIP) includes $400,000 in 2017 and $700,000 in 2018 for the purchase of one Fire Department Ladder Truck (V&E-060). The original amount was $1.5 million but due to review of contracts on purchasing, potential trade-in, and analysis of need that amount was lowered at the CIP review. Although the CIP has it spread over two years, the first payment will not be due until last quarter of 2017 due to time it takes to build the truck. Vehicle Index Condition Qualifies for Replacement Needs Immediate Attention 23-27 28 and over Replacing 1993 Pierce Ladder Truck VCI 45 Replacement purchase of the Pierce Ladder truck will be made under the Houston Galveston Area Contract (HGAC). The HGAC has awarded the following contract: Contract No.Item Vendor Amount FS12-15 Pierce Ladder Truck Pierce $919,256.00 Pierce has offered a discount as progression on the build of the truck is done. The discount of $13,422 will be applied. Also, Pierce/MacQueen Emergency Group has offered a trade in on Unit 334 for $50,000. Staff feels that this is a good offer compared to sales of previous units in the past. Recommended Action Motion to approve purchase of a Pierce Ladder Truck from Pierce/MacQueen Emergency Group for $919,256. Motion to approve the trade in for Unit 334 for $50,000 from Pierce/MacQueen Emergency Group. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. E. 3. Approve Purchase of Three Ford SUV Police Interceptor Squads (Two Marked, One Unmarked) Prepared By Bert Tracy, Public Works Maintenance Manager Marshall Beugen, Vehicle Maintenance Foreman Through Jason Sturgis, Police Chief Summary The proposed 2017-2021 Capital Improvement Program (CIP) includes $80,000 for the purchase of two marked police squad vehicles, equipment and setup (V&E-001). And $40,000 for the purchase of one unmarked police vehicle (V&E-108) equipment and setup. The Police Department is requesting to replace the police vehicles with Ford SUV police interceptor vehicles. The Police Department vehicles scheduled for replacement meet replacement criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). Vehicle Index Condition Qualifies for Replacement Needs Immediate Attention 23-27 28 and over VCI Replacing 822 Marked Squad, 2012 Ford Crown Victoria Police Interceptor 28 Replacing 824 Marked Squad, 2013 Ford Explorer Police Interceptor 28 Replacing 899 Unmarked Vehicle, 2006 Ford Crown Vic 28 Replacement purchase of the three SUV police interceptor vehicles will be made under the State of Minnesota Squad Vehicles. The Minnesota Materials Management Division has awarded the following contract: Contract No.Item Vendor Amount 83065 Two, 2017 Ford SUV Police Interceptor all-Wheel Drive Vehicles Nelson Auto Center, Fergus Falls, MN $38,672.95 $38,672.95 83065 One, 2017 Ford SUV Police Interceptor all-Wheel Drive Vehicles (one less light) Nelson Auto Center, Fergus Falls, MN $38,048.95 TOTAL PURCHASE $115,394.85 Public Works staff has worked with Police staff in selection of the Ford SUV Police Interceptor vehicles. The Police Chief concurs with the vehicle acquisitions. Recommended Action Motion to approve purchase of three Ford Police SUV Interceptor Vehicles from Nelson Auto Center, for the total purchase price of $115,394.85. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. E. 4. Approve Purchase of One Single Axle Cab, Chassis, Equipment and Setup Prepared By Bert Tracy, Public Works Maintenance Manager Tim Kieffer, Street Maintenance Supervisor Marshall Beugen, Vehicle Maintenance Foreman Summary The 2017-2021 Capital Improvement Program includes $225,000 for the purchase of a single axle dump truck, equipment, and setup (V&E-070). The single axle cab, chassis truck and equipment will be equipped with a stainless steel dump body, front and wing snowplows, sander with anti-icing and de-icing technology, and associated hydraulics and controls. Staff utilizes this equipment for snow removal and other maintenance activities such as paving and hauling. The lead-time for truck delivery and equipment is ten to eleven months. The 2002 dump truck meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 32 points and above meets the category of “needs immediate consideration.” The 2002 dump truck due for replacement scored 32 points. Ordering the single axle cab, chassis and equipment by December 30, 2016, ensures a delivery date of truck and equipment by December of 2017, ordering after December 30, 2016, extends the estimated delivery date into early 2018. The Minnesota Materials Management Division has awarded the following contracts: Contract No.Item Vendor Amount 77950 2016 Mack GU812 Single Axle Cab & Chassis Nuss Truck & Equipment $112,087 100790 Plows, Equipment, Hydraulics and Controls Towmaster Inc.$105,367 Total Cab and Chassis Less License $217,454 Recommended Action Motion to approve purchase of one 2017 Mack Gu812 single axle cab and chassis truck from Nuss Truck & Equipment in the amount of $112,087. Motion to approve equipment purchase from Towmaster Inc. in the amount of $105,367. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. E. 5. Approve Purchase for 11 Computers in Squads Prepared By Jason J. Sturgis, Chief of Police Summary Staff received two quotes for the replacement of 11 squad computers. The quotes include new docking stations for the vehicles, mobile routers, and computers. The computer replacements were in the 2016—2020 CIP (V & E #20) for $50,000. Staff had demos on both sets of equipment and is recommending the low bid from PatrolPC for $74,895. The squad computers were originally purchased in the beginning of 2012. They were installed with docking stations that could not be removed. The mobile router that was purchased was new to the industry at the time and will not be reused due to the cost of a maintenance agreement. All new equipment works well together and will lower the maintenance on each item. Because one of the computers is assigned to the DWI vehicle, those monies are accounted for separately. Quotes: Patrol PC $74,895.00 Data 911 $82,598.12 Financing: Equipment Replacement Fund (V & E #20)$50,000.00 Driving While Intoxicated (DWI) Forfeiture Fund $ 6,808.64 Police Operations Vehicle Maintenance (1320.7402)$18,086.35 TOTAL $74,895.00 Recommended Action Motion to approve the quote from PatrolPC for 11 computers and equipment for $74,895.00. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. F. Authorization to Sign 2017 Contract Extension with North American Cleaning Services Prepared By Al Lundstrom, Park Maintenance Supervisor Summary The City’s contract for professional cleaning services with North American Cleaning expires December 31, 2016. The contract provisions allow for an extension to the contract term if desired by both parties. Furthermore, the provisions allow for an increase in an amount equal to the United States Consumer Price Index. North American Cleaning Services has requested a one-year extension with no increase in the original bid price. Staff has prepared a contract amendment, which extends the contract to December 31, 2017, for a total payment of services of $74,124 per year. The budget amount for 2017 is $120,000. Staff anticipates additional charges may be occurred upon the completion of the Community Center in 2017. Attachments •Letter from North American Cleaning Corporation, dated October 10, 2016 (1 page) •Amendment to Contract 04-01 between City of Golden Valley and North American Cleaning Services (1 page) Recommended Action Motion to authorize City Manager to sign the 2017 Amendment to Contract 04-01 between City of Golden Valley and North American Cleaning Services. A rw � T o. (Box 7277 9t2inneapolzs,N9V'S5407 Offree:(612)728-1906 TOC(612)722-8216 Ce&(612)275-3.136 October 10,2016 Al l undstrom City of Golden Valley 7800 Golden.Valley Road Golden Valley,MN 55427 Mr. LundWom: We would like to extend our contract;for one year with the City of Golden Valley ujuder the same contract and pricing. Thank you Sincerely, Noe Arreguin President AMENDMENT Contract 04-01 between City of Golden Valley and North American Cleaning Services This amendment to Contract 04-01 is made this ____ day of _____________, 2016, by and between the City of Golden Valley (“City”) and North American Cleaning Services (“North American”) to perform certain cleaning services for the City of Golden Valley. The original contract was for a period of two years from January 1, 2004 through December 31, 2005. The original contract was extended for a two-year period of January 1, 2006 through December 31, 2007 and it was extended a second, third and fourth time for a two-year period of January 1, 2008 through December 31, 2009; January 1, 2010 through December 31, 2011; and January 1, 2012 through December 31, 2013. The original contract was extended for an additional one year from January 1, 2014 through December 31, 2014, January 1 st, 2015 through December 31, 2015 and then again January 1, 2016 through December 3, 2016. The parties wish to extend the original contract for an additional one year from January 1, 2017 through December 31, 2017, with no change in compensation. NOW, THEREFORE, the parties hereto agree as follows: 1. Except to the extent modified by this Amendment, the contract between the City and North American for cleaning services (the “Contract”) is hereby ratified in all respects. 2. The Contract is extended for an additional one-year period from January 1, 2017 through December 31, 2017. 3. The total yearly payment for contract services shall be in the amount of $74,124.00 each year. 4. Attached hereto as Exhibit A is the original contract. IN WITNESS WHEREOF the parties sign below. CITY OF GOLDEN VALLEY By __________________________________ Timothy Cruikshank Its: City Manager NORTH AMERICAN CLEANING SERVICES By __________________________________ Its: ________________________ Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. G. Authorization to Sign Engagement Letter for Auditing Services for 2016 Fiscal Year Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich and Co for 2015 audit services for $45,900. This amount is also for reviewing the Housing and Redevelopment Authority Funds. Preliminary fieldwork will begin in January with final fieldwork starting on February 27. Attachments •Engagement Letter With MMKR - City Audit, For The Year 2016 (9 pages) Recommended Action Motion to authorize City Manager to sign Engagement Letters with the firm of Malloy, Montaque, Karnowski, Radosevich & Co. for the 2016 audit of the City. PRINCIPALS Thomas M.Montague,CPA Thomas A.Karnowski,CPA KR Paul A.Radosevich,CPA William J.Lauer,CPA CERTIFIED PUBLIC James H.Eichten,CPA ACCOUNTANTS Aaron J.Nielsen,CPA Victoria L.Holinka,CPA December 13,2016 To the City Council and Management of the City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Dear Councilmembers and Management: We are pleased to confirm our understanding of the services we are to provide for the City of Golden Valley (the City) for the year ended December 31, 2016. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison for the General Fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City as of and for the year ended December 31, 2016. Accounting standards generally accepted in the United States of America provide for certain required supplementary information(RSI), such as Management's Discussion and Analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB) who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures,but will not be audited: 1) MD&A 2) GASB-required supplementary pension and other post-employment benefits information We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and will provide an opinion on it in relation to the financial statements as a whole, in a separate written report accompanying our auditor's report on the financial statements OR in a report combined with our auditor's report on the financial statements: 1) Combining and individual fund statements and schedules,presented as supplemental information Malloy, Montague, Karnowski, Radoscvich, & Co., P.A. 5353 Wayaata Boulevard•Suite 410• .Minneapolis.MN 55416-Telephone:952.545.0424•Telefax: 952-545-0569•sv rnmkr.coro City of Golden Valley Page 2 December 13,2016 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information: 1) Introductory information 2) Statistical section We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statute § 6.65, and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), which would only be required if the City expended$750,000 or more in federal assistance funds during the year. If the City is required to have a Single Audit of federal assistance funds,this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to the City Council. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified,we will discuss the reasons with you in advance.If, for any reason,we are unable to complete the audit or are unable to form or have not formed opinions,we may decline to express opinions or issue reports, or may withdraw from this engagement. City of Golden Valley Page 3 December 13,2016 We will also provide a report(that does not include an opinion)on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal,regulatory, or contractual requirements. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from(1)errors,(2)fraudulent financial reporting,(3)misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However,we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention.Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws,regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. City of Golden Valley Page 4 December 13,2016 Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under American Institute of Certified Public Accountants (AICPA) professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes of the City in conformity with accounting principles generally accepted in the United States of America based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. City of Golden Valley Page 5 December 13,2016 Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial,both individually and in the aggregate,to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1)management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with accounting principles generally accepted in the United States of America; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America; (3) the methods of measurement or presentation have not changed from those used in the prior period; and(4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits,attestation engagements,performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual,preferably from senior management,with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. City of Golden Valley Page 6 December 13,2016 Engagement Administration,Fees,and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing,will be discussed and coordinated with you. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information,copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a regulatory agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carryout oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore,upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit shortly after the end of your fiscal year and to issue our reports prior to June 30, 2016. William J. Lauer, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports. Our fee for these services with be at our standard hourly rates plus out-of-pocket costs (such as report reproduction,word processing,postage,travel, copies,telephone, etc.)except that we agree that our gross fee, including expenses, will not exceed $45,900. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. City of Golden Valley Page 7 December 13,2016 These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as new contractual agreements, transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. During the year, you might request additional services such as routine advice, assistance in implementing audit recommendations, review of your projections or budgets, and other similar projects. Independence standards allow us to perform these routine services; however, it is important that you understand that we are not allowed to make management decisions, perform management functions, nor can we audit our own work or provide nonaudit services that are significant to the subject matter of the audit. Please be aware that e-mail is not a secure method of transmitting data. It can be intercepted, read, and possibly changed. Due to the large volume of e-mails sent daily, the likelihood of someone intercepting your e-mail is relatively small, but it does exist. We will communicate with you via e-mail, if you are willing to accept this risk. To ensure that MMKR's independence is not impaired under the AICPA Code of Professional Conduct, you agree to inform the engagement partner before entering into any substantive employment discussions with any of our personnel. If a dispute occurs related in any way to our services, our firm and the City agree to discuss the dispute and, if necessary,to promptly mediate in a good faith effort to resolve it. We will agree on a mediator,but if we cannot, either of us may apply to a court having personal jurisdiction over the parties for appointment of a mediator. We will share the mediator's fees and expenses equally, but otherwise will bear our own attorney fees and costs of the mediation. Participation in such mediation shall be a condition to either of us initiating litigation. To allow time for the mediation, any applicable statute of limitations shall be tolled for a period not to exceed 120 days from the date either of us first requests in writing to mediate the dispute. The mediation shall be confidential in all respects, as allowed or required by law, except that our final settlement positions at mediation shall be admissible in litigation solely to determine the identity of the prevailing party for purposes of the awarding of attorney fees. City of Golden Valley Page 8 December 13,2016 We both recognize the importance of performing our obligations under this agreement in a timely way and fully cooperating with the other. In the event that either of us fails to timely perform or fully cooperate, the other party may, in its sole discretion, elect to suspend performance or terminate the agreement regardless of the prejudice to the other person. We agree we will give 10 days' written notice of an intent to suspend or terminate, specifying the grounds for our decision, and will give the other an opportunity to cure the circumstances cited as grounds for that decision. In the event of suspension or termination,all fees and costs are immediately due on billing. We agree that it is important that disputes be discussed and resolved promptly. For that reason, we agree that,notwithstanding any other statutes of limitations or court decisions concerning them, all claims either of us may have will be barred unless brought within one year of the date the complaining party first incurs any damage of any kind, whether discovered or not, related in any way to acts or omissions of the other party, whether or not the complaining party seeks recovery for that first damage and whether or not we have continued to maintain a business relationship after the first damage occurred. Notwithstanding anything in this letter to the contrary we agree that regardless of where the City is located, or where this agreement is physically signed, this agreement shall have been deemed to have been entered into at our office in Hennepin County, Minnesota, and Hennepin County shall be the exclusive venue and jurisdiction for resolving disputes related to this agreement. This agreement shall be interpreted and governed under the laws of Minnesota. When requested, Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Sincerely, MALLOY,MONTAGUE,KARNOWSKI,RADOSEVICH&CO.,P.A. William J. LaueCPA Principal WJL:Imb Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: :1 KerberRose Certified Public Accountants System Review Report To the Principals of Malloy, Montague, Karnowski, Radosevich and Co., P.A. and the Peer Review Committee of the Minnesota Society of CPAs We have reviewed the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. (the firm) in effect for the year ended May 31, 2016. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and an audit of an employee benefit plan. In our opinion, the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. in effect for the year ended May 31, 2016 has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass,pass with deficiencyfies)or fail. Malloy, Montague, Karnowski, Radosevich and Co., P.A. has received a peer review rating of pass. k04tr- sG KerberRose SC September 15, 2016 4211 N.Lightning Drive,Suite A Appleton,WI 54913 r PrimeGlobal P:920-993-0105 F:920-993-0116 ;;nsort;ar;or, www.kerberrose.com .Acmr nEL g h'irrns Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. H. Acceptance of Donations for Ongoing Donations and other Miscellaneous Donations Prepared By Sue Virnig, Finance Director Summary This resolution is for acceptance of donations received from throughout the year for ongoing programs that are approved at year end. Attachments •Resolution Accepting Donations for the Ongoing Programs (3 pages) Recommended Action Motion to adopt Resolution Accepting Donations for the Ongoing Programs. Resolution 16-79 December 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council; and NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Ongoing Programs: Golden Valley Human Services Fund Anonymous $ 1,000 Best & Flanagan $ 500 Fisher Bren & Sheridan LLP $ 500 Max Loff Real Estate $ 500 MidWestOne Bank $ 500 Rudy Luther Toyota $ 500 Short Elliott Henderson, Inc $ 500 WSB & Associates $ 500 HGA $ 300 Jim Lamere $ 300 Shep Harris $ 80 Solicitation Letters Paula Anderson $ 600 William Smith $ 500 James Johnson $ 200 Gregg La Plaute $ 200 Carolyn Fiterman $ 200 Janice Paulsen $ 180 Janice Klesen $ 150 Lillian Misic $ 150 Alan Meuwissen $100 John and Maureen Fishcher $ 100 Rachel Melesse $ 100 Dan & Barb Schultz $ 100 Patrick Lilja $ 100 Resolution 16-79 -2- December 20, 2016 Solicitation Letters Tom & Kathy Skalitzky $ 100 Steve Coller $ 80 Anthony DiAngelas $ 75 Daniel Brewer $ 60 Arthur & Carol Doten $ 60 John Wetzel $ 50 Dallis Perry $ 50 Tom Momsen $ 50 Christopher Robinson $ 50 Dawn Lane $ 50 Paul & Mary Ann Beneke $ 50 Bob Wadsten $ 50 R. Tronnier $ 50 Nasreen Hussain $ 50 Christopher Robinson $ 50 Leonard & Ruth Gustafson $ 50 James Turbenson $ 50 Jan Hetland $ 50 Terry Policy $ 35 Grace Hammond $ 30 Jon Goldman $ 30 Alan Ingber $ 30 LuVerne Erickson $ 30 Jonah & Ruth Paradise $ 30 Mary Jane Pappas $ 30 Suzanne Herbers $ 30 Scott Weisbert $ 30 Anna Berquist $ 30 Patricia Pennington $ 30 Joan Forde $ 30 Susan Landberg $ 30 Beth Ditter $ 30 Tom Ham $ 30 Alan Ingber $ 30 Elizabeth Gross $ 30 Gervaise Westerman $ 30 Joseph Foster $ 25 Mibs Pearson $ 25 Mary Jane Koehler $ 25 Trudy Lerner $25 Pat Greenless $ 25 Karen Linn Anderson $ 20 Judith Kaufman $ 20 Resolution 16-79 -3- December 20, 2016 Solicitation Letters Linda Woessner $ 20 Ellen Reierson $ 20 Suzanne Swaggert $ 20 Cindy Solberg $ 20 Perry & Nicole Wells $ 20 Michelle Banta $ 20 Abdullahi Omar $ 20 Carol Marx $ 20 Maria Milillo $ 10 Sandra Accola $ 10 Dennis Flom $ 10 R. Matsuyma $ 10 Tom Bauer $ 10 Kurt Rose $ 10 Vongphisith Family $ 10 Minhba Hoang $ 10 Total Amount from Solicitation Letters (01-01-12/31) $4,529 _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. I. Approval of 2017 General Wages and Salaries for Non-union Personnel Prepared By Chantell Knauss, Assistant City Manager Summary Attached is the compensation resolution establishing wages and salaries for all non-union employees for 2017. The resolution proposes a 2.5% general wage as outlined with the 2017 budget process. The resolution also establishes the City’s monthly contribution toward employee benefits in the City’s cafeteria plan. There is a $118.50 per month decrease in the benefit contribution by the City for 2017, due to the 14.9%decrease in premium costs. As in previous years, there is an additional $20 per month incentive for those employees who successfully participated in the 2016 City Wellness at Work program. Attachments •Resolution Establishing 2017 General Wages and Salaries for Non-union Personnel (3 pages) Recommended Action Motion to adopt Resolution Establishing 2017 General Wages and Salaries for Non-union Personnel. Resolution 16-80 December 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2017 GENERAL WAGES AND SALARIES FOR ALL NON-UNION PERSONNEL BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following general wages, salaries and benefits schedule for all non-union personnel for the year 2017, said schedule to commence for work performed by the personnel named herein effective as of January 1, 2017. MANAGEMENT TEAM Step 1 Step 2 Step 3 Step 4 Step 5 Physical Development Director $118,830 $124,488 $130,147 $135,805 $141,464 Police Chief 117,240 122,823 128,406 133,989 139,572 Fire Chief 113,691 119,104 124,518 129,932 135,346 Finance Director 111,103 116,393 121,684 126,974 132,265 Director of Parks and Recreation 109,327 114,533 119,739 124,945 130,151 Assistant City Manager 107,571 112,694 117,816 122,939 128,061 Communications Manager 76,939 80,603 84,266 87,930 91,594 DIVISION HEADS/SUPERVISORS Step 1 Step 2 Step 3 Step 4 Step 5 City Engineer 107,571 112,694 117,816 122,939 128,061 Police Commander 94,834 99,350 103,866 108,382 112,898 Public Works Maintenance Manager 94,834 99,350 103,866 108,382 112,898 Information Technology Coordinator 90,795 95,118 99,442 103,765 108,089 Building Official 89,060 93,301 97,542 101,783 106,024 Planning Manager 89,060 93,301 97,542 101,783 106,024 Park Supervisor 82,044 85,950 89,857 93,764 97,671 Street Supervisor 82,044 85,950 89,857 93,764 97,671 Utility Supervisor 82,044 85,950 89,857 93,764 97,671 Golf Operations Manager 77,149 80,823 84,496 88,170 91,844 Greens Superintendent 77,149 80,823 84,496 88,170 91,844 Vehicle Maintenance Foreman 71,230 74,622 78,014 81,406 84,798 Deputy Registrar Supervisor 65,806 68,939 72,073 75,206 78,340 PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Police Lieutenant 101,502 105,379 Deputy Fire Chief 86,371 90,484 94,597 98,710 102,823 Accounting Coordinator 74,961 78,530 82,100 85,669 89,239 City Clerk 74,586 78,138 81,690 85,241 88,793 Public Works Specialist 68,552 71,816 75,080 78,345 81,609 Accountant 1 67,425 70,636 73,847 77,057 80,268 Recreation Supervisor 66,421 69,584 72,747 75,910 79,073 Battalion Chief 65,806 68,939 72,073 75,206 78,340 Support Services Coordinator 65,806 68,939 72,073 75,206 78,340 Engineer 64,402 67,469 70,535 73,602 76,669 Information Technology Technician 61,295 64,214 67,132 70,051 72,970 Associate Planner/Grant Writer 60,228 63,096 65,964 68,832 71,700 Assistant Golf Operations Manager 57,035 59,751 62,467 65,183 67,899 Assistant Forester 54,998 57,617 60,236 62,855 65,474 Golf Operations Coordinator 51,660 54,120 56,580 59,040 61,500 Resolution 16-80 -2-December 20, 2016 EXEMPT CREATIVE PROFESSIONAL Step 1 Step 2 Step 3 Step 4 Step 5 Graphic Designer/Web Specialist 45,848 48,031 50,215 52,398 54,581 NON-EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Engineering Technician III 32.95 34.52 36.09 37.66 39.23 Chief Building Inspector 32.87 34.43 36.00 37.56 39.13 Crew Leader - Maintenance 32.58 Building Inspector 31.25 32.74 34.22 35.71 37.20 Public Works Inspector 31.25 32.74 34.22 35.71 37.20 Fire/Property Maintenance Specialist 28.86 30.24 31.61 32.99 34.36 GIS Technician 26.44 27.70 28.96 30.22 31.48 Water Resources Technician 26.43 27.69 28.95 30.21 31.47 Public Works Maintenance 23.35 24.77 26.19 28.14 Step C 29.56 Step B 30.15 Step A 30.75 Mechanic - Golf Course 23.64 24.76 25.89 27.01 28.14 Engineering Tech 1 23.29 24.40 25.51 26.62 27.73 Turf Maintenance Foreman - Golf Course 23.02 24.11 25.21 26.30 27.40 Administrative Assistant 23.02 24.11 25.21 26.30 27.40 Communications Specialist 23.02 24.11 25.21 26.30 27.40 Accounting Technician 23.02 24.11 25.21 26.30 27.40 Assessment/Accounts Payable Technician 23.02 24.11 25.21 26.30 27.40 Utility Billing/Accounts Payable Technician 23.02 24.11 25.21 26.30 27.40 Motor Vehicle License Clerk 19.48 20.41 21.33 22.26 23.19 Lead Community Service Officer 19.45 20.39 Community Service Officer 19.08 19.45 Turf Maintenance Assistant - Golf Course 18.19 19.05 19.92 20.78 21.65 Office Clerk 18.17 19.03 19.90 20.76 21.63 Receptionist 18.17 19.03 19.90 20.76 21.63 FIRE DEPARTMENT Battalion Chief 20.93 per hour Captain 20.15 per hour Lieutenant 18.68 per hour Firefighter 16.23 per hour Firefighter - Apprentice 13.67 per hour Firefighter in Training 10.26 per hour TEMPORARY PART-TIME AND SEASONAL Minimum Wages 9.74 per hour Maximum Wages 18.86 per hour Resolution 16-80 -3-December 20, 2016 AND, BE IT FURTHER RESOLVED that: 1. The dollar amount of the City's contribution to benefits for employees classified under the categories of Non-exempt, Exempt Establishment, Exempt Creative Professional and Professional Exempt will be $1,173.50 per month effective January 1, 2017. The City will also pay the cost of group term life IRS maximum non-taxable level and group disability insurance for those employees. 2. The dollar amount of the City's contribution to benefits for employees 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 $1,194.50 per month plus 2% of monthly salary effective January 1, 2017. 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. 3. Employees who successfully participated in the City wellness program in 2016 will receive an additional $20 per month in the City’s contribution towards benefits. 4. For 2017, the City designates the High Deductible Health Plan with a Health Savings Account (HAS) as its base plan. 5. Employee service awards are outlined in the Public Purpose Expenditure Policy and shall be considered compensation in accordance with IRS regulations. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. J. Authorization to Sign Joint Powers Agreement with MN Bureau of Criminal Apprehension for Access to Criminal Justice Data Communications Network (CJDN) and the Amendment to the CJDN Subscriber Agreement Prepared By Jason J. Sturgis, Chief of Police Summary The Minnesota Bureau of Criminal Apprehension (BCA) has drafted a proposed Joint Powers Agreement for cities utilizing the BCA’s various computer systems and tools available through the State’s criminal justice data communications network. The purpose of this Agreement is to renew the agreement that gives the City access to this network (via the Police Department) and to outline the requirements to obtain access and the limitations on the access. Attachments •State of Minnesota Joint Powers Agreement Criminal Justice Agency (6 pages) •Court Data Services Subscriber Amendment to CJDN Subscriber Agreement (10 pages) •Resolution Approving State of Minnesota Joint Powers Agreements with the City of Golden Valley on Behalf of its City Attorney and Police Department (2 pages) Recommended Action Motion to adopt Resolution Approving State of Minnesota Joint Powers Agreements with the City of Golden Valley on Behalf of its City Attorney and Police Department. Motion to authorize the Mayor and City Manager to sign the Joint Powers Agreement and the amendment to the Criminal Justice Data Communications Network Subscriber Agreement. SWIFT Contract # 109619 MN0270800 1 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Golden Valley on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1.Term of Agreement 1.1 Effective date:This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date:This Agreement expires five years from the date it is effective. 2.Agreement between the Parties 2.1 General access.BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A.Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B.Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C.Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access.In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 109619 MN0270800 2 2.4 Agency policies.Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system,and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjdn. 2.5 Agency resources.To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-divisions/mnjis/Documents/BCA-Policy-on-Appropriate- Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access.On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access.BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements.This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information.The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk@state.mn.us. 2.11 Transaction record.The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause SWIFT Contract # 109619 MN0270800 3 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access.Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3.Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Six Hundred Thirty Dollars ($630.00) or a total annual cost of Two Thousand Five Hundred Twenty Dollars ($2,520.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4.Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793-1007, or her successor. The Agency's Authorized Representative is Chief Jason Sturgis, 7800 Golden Valley Road, Golden Valley, MN 55427, (763) 593-8059, or his/her successor. 5.Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment.Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments.Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who SWIFT Contract # 109619 MN0270800 4 signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver.If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete.This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6.Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7.Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8.Government Data Practices 8.1 BCA and Agency.The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records.If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9. Investigation of alleged violations; sanctions SWIFT Contract # 109619 MN0270800 5 For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10. Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11. Termination 11.1 Termination.The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. SWIFT Contract # 109619 MN0270800 6 11.2 Termination for Insufficient Funding.Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12. Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: ___________________________________________ (PRINTED) Signed: ___________________________________________ Title: ___________________________________________ (with delegated authority) Date: ___________________________________________ Name: ___________________________________________ (PRINTED) Signed: ____________________________________________ Title: ____________________________________________ (with delegated authority) Date: ____________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ________________________________________ (PRINTED) Signed: _________________________________________ Title: _________________________________________ (with delegated authority) Date: _________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: _________________________________________ Date: _________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Golden Valley on behalf of its Police Department (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 109619, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1.TERM; TERMINATION; ONGOING OBLIGATIONS.This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2.Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a.“Authorized Court Data Services”means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b.“Court Data Services”means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c.“Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i.“Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii.“Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii.“Court Confidential Security and Activation Information”means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv.“Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d.“DCA” shall mean the district courts of the state of Minnesota and their respective staff. e.“Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f.“Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g.“Court” shall mean the State of Minnesota, State Court Administrator's Office. h.“Subscriber”shall mean the Agency. i.“Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3.REQUESTS FOR AUTHORIZED COURT DATA SERVICES.Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a.Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b.Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c.Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED.Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties required or authorized by law or court rule in connection with any civil, 4 criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non- official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY.Subscriber agrees: a.To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b.To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c.To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d.That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e.That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS.During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs.Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases.Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks.Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use.Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data 6 Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices.Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return.The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY.Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be 7 governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY.Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS.The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a.Judicial Policy Statement.Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b.Access and Use; Log.Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c.Personnel.Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d.Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject 8 to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES.Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES.Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS.EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION.WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES.Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 9 17. NOTICE.Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER.The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE.Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY.Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT.Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW.This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION.Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. 10 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ Resolution 16-81 December 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF GOLDEN VALLEY ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Golden Valley on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Golden Valley, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Golden Valley on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That Police Chief Jason Sturgis, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Commander Steve Johnson is appointed as the Authorized Representative’s designee. 3. That Francis Rondoni, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Mark Schneider is appointed as the Authorized Representative’s designee. 4. That Shepherd Harris, the Mayor for the City of Golden Valley, and Kristine Luedke, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Resolution No. 16-81 -2-December 20, 2016 Passed and Adopted by the Council on this 20 th day of December, 2016. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. K. Receipt of November 2016 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: ∼General Fund Operations ∼Conservation/Recycling Fund (Enterprise Fund) ∼Water and Sewer Utility Fund (Enterprise Fund), ∼Brookview Golf Course (Enterprise Fund) ∼Motor Vehicle Licensing (Enterprise Fund) ∼Storm Utility Fund (Enterprise Fund) ∼Equipment Replacement Fund (Capital Projects Fund) General Fund Operations: As of November 2016, the City is using $3,941,131 of fund balance to balance the General Fund Budget. Attachments •November 2016 General Fund Financial Reports (2 pages) •November 2016 Conservation/Recycling Fund (1 page) •November 2016 Water and Sewer Utility Fund (1 page) •November 2016 Brookview Golf Course (1 page) •November 2016 Motor Vehicle Licensing (1 page) •November 2016 Storm Utility Fund (1 page) •November 2016 Equipment Replacement Fund (1 page) Recommended Action Motion to receive and file the November 2016 Financial Reports. 92.00% Over % 2016 November YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $14,278,810 0 7,372,465 ($6,906,345)51.63%(1) Licenses 217,515 12,605 250,285 $32,770 115.07% Permits 1,126,375 67,523 1,554,769 $428,394 138.03% Federal Grants 0 0 13,112 $13,112 State Aid 268,380 0 148,839 ($119,541)55.46%(2) Hennepin County Aid 0 0 3,435 $3,435 Charges For Services: General Government 19,000 193 32,653 $13,653 171.86% Public Safety 150,665 3,228 157,301 $6,636 104.40% Public Works 145,800 9,898 162,073 $16,273 111.16% Park & Rec 395,100 29,434 356,300 ($38,800)90.18% Other Funds 791,500 69,204 718,759 ($72,741)90.81% Fines & Forfeitures 320,425 22,828 226,740 ($93,685)70.76%(3) Interest On Investments 100,000 0 0 ($100,000)0.00%(4) Miscellaneous Revenue 233,000 15,685 191,932 ($41,068)82.37% Transfers In 30,000 2,500 27,500 ($2,500)91.67%(5) TOTAL Revenue $18,076,570 $233,098 $11,216,163 ($6,860,407)62.05% Notes: (1) Payments are received in July, December, and January (delinquencies). (2) Police Training was paid in August. Safe and Sober is billed on time spent.Last half of Local Govt Aid will be made in Dec, (3) Fines/Forfeitures are thru October 2016. (4) Investment income is allocated at year end. (5)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Monthly Budget Report - General Fund Revenues November 2016 (unaudited) Over % 2016 November YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $322,960 23,639 306,876 ($16,084) 95.02% 003 City Manager 798,260 57,233 666,982 (131,278) 83.55% 004 Transfers Out 1,010,950 285,950 1,010,950 0 100.00% (1) 005 Admin. Services 1,869,995 132,847 1,609,811 (260,184) 86.09% 006 Legal 150,000 24,552 134,711 (15,289) 89.81% (2) 007 Risk Management 305,000 350 265,732 (39,268) 87.13% 011 General Gov't. Bldgs.532,790 35,513 442,588 (90,202) 83.07% 016 Planning 353,800 21,570 287,757 (66,043) 81.33% 018 Inspections 777,690 50,659 640,542 (137,148) 82.36% 022 Police 5,671,180 375,084 4,634,442 (1,036,738) 81.72% 023 Fire 1,290,210 87,405 1,109,815 (180,395) 86.02% 035 Physical Dev Admin 298,755 19,227 254,885 (43,870) 85.32% 036 Engineering 783,470 50,118 599,861 (183,609) 76.56% 037 Streets 1,611,865 95,790 1,254,615 (357,250) 77.84% 065 Community Center 81,095 5,328 64,908 (16,187) 80.04% 066 Park & Rec. Admin.705,660 38,450 596,268 (109,392) 84.50% 067 Park Maintenance 1,137,895 76,947 993,657 (144,238) 87.32% 068 Recreation Programs 374,995 32,916 282,894 (92,101) 75.44% TOTAL Expenditures $18,076,570 $1,413,578 $15,157,294 ($2,919,276)83.85% (1) This transfer was made in June, 2015. Two amendments to the budget were also approved. (2) Legal services are billed thru October. City of Golden Valley Monthly Budget Report - General Fund Expenditures November, 2016 (unaudited) Division Over 2016 November YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 56,770 0 61,228 4,458 107.85% Recycling Charges 373,950 33,998 315,542 (58,408)84.38% Miscellaneous Revenues 8,000 0 9,645 1,645 Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 442,720 33,998 386,415 (56,305)87.28% Expenses: Recycling 462,730 28,570 318,766 (143,964)68.89%(2) Total Expenses 462,730 28,570 318,766 (143,964)68.89% (1) Interest Earnings are allocated at year-end. (2) Republic Services are billed thru October. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund November 2016 (unaudited) Over 2016 November YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 4,303,105 337,487 4,094,872 (208,233)95.16% Emergency Water Supply 183,600 16,899 154,884 (28,716)84.36% Sewer Charges 3,309,260 288,865 3,011,090 (298,170)90.99% Meter Sales 8,000 570 32,014 24,014 400.18% MCES Grant Program 0 0 0 0 Penalties 110,000 27,369 177,174 67,174 161.07% Charges for Other Services 90,000 12,675 254,066 164,066 282.30% State Water Testing Fee Pass Through 45,500 4,005 38,783 (6,717)85.24% Sale of Assets 10,000 13,900 13,900 3,900 139.00% Franchise Fees (One year only)700,000 0 700,000 0 100.00% Certificate of Compliance 75,000 3,050 71,025 (3,975)94.70% Interest Earnings 15,000 0 0 (15,000)0.00% Total Revenue 8,849,465 704,820 8,547,808 (301,657)96.59% Expenses: Utility Administration 2,526,190 68,416 976,660 (1,549,530)38.66%(1) Sewer Maintenance 2,723,660 200,138 2,534,366 (189,294)93.05% Water Maintenance 4,655,120 261,357 3,500,654 (1,154,466)75.20% Total Expenses 9,904,970 529,911 7,011,680 (2,893,290)70.79% (1)Depreciation is posted at year-end. City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund November, 2016 (unaudited) Over 2016 November YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 795,000 33,781 879,814 84,814 110.67% Driving Range Fees 167,000 0 169,628 2,628 101.57% Par 3 Fees 137,370 1,861 169,202 31,832 123.17% Lawn Bowling 42,000 932 65,473 23,473 155.89% Pro Shop Sales 80,000 2,904 87,579 7,579 109.47% Pro Shop Rentals 260,000 10,228 280,411 20,411 107.85% Concession Sales 360,000 9,511 436,848 76,848 121.35% Other Revenue 78,000 1,579 75,227 (2,773)96.44% Interest Earnings 2,000 0 0 (2,000)0.00%(1) Less: Credit Card Charges/Sales Tax (36,000)(5,757)(43,238)(7,238)120.11% Total Revenue 1,885,370 55,039 2,120,944 235,574 112.49% Expenses: Golf Operations 637,125 40,330 671,911 34,786 105.46%(2) Course Maintenance 792,800 40,772 743,928 (48,872)93.84% Pro Shop 114,620 3,912 133,436 18,816 116.42% Grill 251,750 11,106 337,052 85,302 133.88% Driving Range 50,665 1,219 68,924 18,259 136.04% Par 3 Course 27,295 163 26,472 (823)96.98% Lawn Bowling 27,195 0 17,475 (9,720)64.26% Total Expenses 1,901,450 97,502 1,999,198 97,748 105.14% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund November, 2016 (unaudited) opened March 23; closed November 10 Over 2016 November YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000)0.00%(1) Charges for Services 406,830 30,994 425,360 18,530 104.55% Total Revenue 408,830 30,994 425,360 16,530 104.04% Expenses: Motor Vehicle Licensing 408,330 25,731 333,909 (74,421)81.77% Total Expenses 408,330 25,731 333,909 (74,421)81.77% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund November 2016 (unaudited) Over 2016 November YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 45,000 0 33,540 (11,460)74.53%(1) Storm Sewer Charges 2,275,000 191,651 1,992,636 (282,364)87.59% Bassett Creek Watershed 810,930 0 510,314 (300,616)62.93% Miscellaneous Receipts (Debt Proceeds)5,692,000 5,612 24,362 (5,667,638)0.43% State Grant - Other 0 4,500 5,253 5,253 Total Revenue 8,822,930 201,763 2,566,105 (6,256,825)29.08% Expenses: Storm Utility 9,045,465 225,450 3,197,175 (5,848,290)35.35%(2) Street Cleaning 126,420 12,136 79,491 (46,929)62.88% Environmental Control 323,260 16,835 220,566 (102,694)68.23% Debt Service Payments 170,985 0 929,826 758,841 543.81%(3) Total Expenses 9,666,130 254,421 4,427,058 (5,239,072)45.80% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3) This included the bond payment to pay off the storm bonds early. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund November, 2016 (unaudited) 2016 Equipment Replacement Fund (CIP) - Fund 5700 2016 November YTD Budget Total Actual Remaining Revenues: Proceeds - Certificate of Indebtedness 800,000 0 814,491 14,491 Sale of Assets 35,000 8,372 48,627 13,627 Miscellaneous 0 520 45,484 45,484 (2) Interest Earnings (allocated at year end)24,535 0 0 (24,535) Total Revenues 859,535 8,892 908,602 49,067 Expenditures: Program #Project Number Project Name 5700 Bond Expenditures 0 0 15,537 (15,537) 5701 V&E-001 Marked Squad Cars (Police)80,000 2,035 118,614 (38,614) (1)5702 V&E-002 Computers and Printers (Finance)80,000 1,180 51,727 28,273 V&E-016 Pickup Truck (Street)35,000 0 34,987 13 V&E-020 Portable Computers (Police)50,000 0 0 50,000 V&E-030 Rotary Mower (Park)98,000 0 100,552 (2,552) V&E-052 Asphalt Cold Planer (Street)20,000 0 13,027 6,973 V&E-058 Fire Hose 10,000 0 9,470 530 V&E-060 Rescue Vehicle (Fire)100,000 0 37,069 62,931 V&E-072 Pickup Truck (Engineering)30,000 0 28,587 1,413 V&E-078 Aerial Bucket Truck (Park)200,000 0 0 200,000 V&E-079 Utility Tractor (Park)80,000 0 67,521 12,479 5797 V&E-090 Single Axel Dump Truck (Street)225,000 0 117,379 107,621 V&E-118 Sidewalk Tractor (Street)150,000 0 120,133 29,867 V&E-122 Police Vehicle 40,000 0 34,148 5,852 V&E-127 800 Mhz Radios (Fire)80,000 0 61,685 18,315 V&E-129 800 Mhz Radios (Police)96,650 6,751 87,936 8,714 V&E-132 Thermal Imaging Camera 70,000 0 54,089 15,911 V&E-134 Cartegraph Software 13,000 0 0 13,000 Total Expenditures 1,457,650 9,966 952,461 476,278 (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2) Includes a transfer from the DWI/VOTF Fund for the traffic car. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. L. Approval of Financing of Capital Equipment; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code Prepared By Susan Virnig, Finance Director Summary The following resolution will allow the city to be reimbursed for expenditures related to the purchases of capital equipment and vehicles. Because expenditures may be made prior to the sale of bonds, this reimbursement agreement is need per IRS Rules. Attachments •Resolution Relating to the Financing of Capital Equipment; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (3 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of Capital Equipment; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Resolution 16-82 December 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF CAPITAL EQUIPMENT; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the “City”), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to acquire certain capital equipment described on Exhibit A hereto (the “Project”), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Project, in one or more series, in an amount not to exceed $1,000,000. (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing Project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. Resolution 16-82 -2- December 20, 2016 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the Project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the Project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 16-82 -3- December 20, 2016 EXHIBIT A Marked Squads (Police) Computer and Printers (City-wide) Asphalt Roller (Street) Pickup Truck (Park) Aerial Ladder Truck (Fire) Streetscape Banners City-Wide) Single Axle Dump Truck (Street) Sidewalk Snowblower (Street) Passenger Vehicle (Fire) Asphalt Hot Box (Street) Unmarked Police Vehicle Field Line Painter (Park) Tasers (Police) Tack Sprayer (Street) Utility Tractor (Park) Rotary Mower (Park) Body Cameras (Police) Asset Management Software (Public Works) Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 3. M. Amendment to the 2016 General Fund Budget Prepared By Sue Virnig, Finance Director Summary Staffing changes in the Police Department have allowed for savings in wages and salaries. Staff is recommending a transfer from the General Fund to the Equipment Replacement Fund of $210,000 to fund the future replacement of squad video cameras and the purchase of body cameras. The purchase of this equipment will be considered at a 2017 council meeting. The transfer will allow the city to finance the purchase without using equipment certificates. Equipment certificates are sold to finance equipment needs of the city and are outlined in the 2017-2021 Capital Improvement Program. Attachments •Resolution Amending the 2016 General Fund Budget (1 page) Recommended Action Motion to adopt Resolution Amending the 2016 General Fund Budget. Resolution 16-83 December 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2016 GENERAL FUND BUDGET WHEREAS, in 2016 the police operations experienced changes in personnel that allowed the department savings in salaries and wages; and WHEREAS, the savings will be able to pay for upcoming costs to replace equipment for their department; and WHEREAS, the transfer to the equipment fund will allow for equipment certificates not to be issued for this expenditure; and WHEREAS, this amendment allocates a transfer to the equipment replacement fund from the general fund to finance the future equipment costs. BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2016 Amended General Fund Budget are hereby given final approval. DIVISION DESCRIPTION AMOUNT Expenses 004 Transfers to Equipment Replacement Fund (1025-7110) $210,000 Fund Balance Fund Balance (1000.2710)$210,000 TOTAL 2016 BUDGET _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 6. A. Approval of 2017 Legislative Priorities Prepared By Timothy Cruikshank, City Manager Summary As discussed at the October 2016 Council/Manager meeting, staff was requested to prepare the updated priorities for Council approval. I am recommending that the City Council approve the 2017 Legislative Priorities and am proposing the Council distribute the booklet at the Legislative Breakfast scheduled for January 21, 2017. Attachments •City of Golden Valley 2017 Legislative Priorities (24 pages) Recommended Action Motion to approve the City of Golden Valley 2017 Legislative Priorities. city 0 olden valley 2017 Legislative Priorities s 46 Y 'a< x , r w 1 , ,{ 'M[MI1114iMat 'u� s b, A i Adopted by the City Council 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Table Of Contents 1.Medicine Lake Rd/Winnetka Ave Regional Flood Mitigation Through DNR Flood Damage Reduction Program..........................3 2. Public Safety Improvements At DouglasDrive/Hwy 55 Intersection .................................................4 3. Infrastructure.......................................................................................5 4.Modify Fiscal Disparities Formula.....................................................6 5. Transportation a. Establish A Sustainable Formula For Increased TransportationAnd Transit Funding.............................................7 b.METRO Blue Line Extension Funds ............................................8 c. Highway 169 Improvement Planning From I-394 To Medicine Lake Rd .................................................9 6.Metropolitan Council Inflow/Infiltration Grants— PublicAnd Private Improvements..................................................... 10 7. Oppose Levy Limits............................................................................ 11 8.Affordable Housing And Workforce Housing................................... 12 9. Support Tax Incentives For Community Reinvestment .................. 13 Appendix1............................................................................................... 15 Appendix2............................................................................................... 17 Appendix4............................................................................................... 19 Appendix6...............................................................................................21 These priorities are supported by the Golden Valley City Council,along with Metro Cities,League of Minnesota Cities,and Regional Council of Mayors policies,and may be used by local officials and staff to advocate for during the Legislative session. Page 2 City of Golden Valley" 2017 Legislative Priorities 1. Medicine Lake Rd/Winnetka Ave Regional Flood Mitigation Through DNR Flood Damage Reduction Program Issue The Medicine Lake Rd (County Rd 70)/Winnetka Ave(County Rd 156)area receives storm water runoff from a one-square-mile watershed that includes portions of Crystal,New Hope,and Golden Valley.Since this area was developed in the 1970s,it has experienced flooding issues that affect more than 37 properties and several local and regional roadways.The three cities have studied and determined measures to minimize flood-related property damage around the nearby DeCola Ponds and along Medicine Lake Rd near Rhode Island Ave. Flooding on Medicine Lake Rd,which carries an average of 10,000 vehicles per day and where sev- eral businesses have been damaged by floods,can reach depths exceeding 4 feet,making travel and emergency response difficult or impossible.During multiple flood events beginning in 1978, water depths up to 6 feet caused extensive property damage. A solution is to provide additional flood storage at DeCola Ponds and develop flood storage throughout the watershed to slow the flow of water to the flood prone areas,thus reducing flood levels.When the plan is fully implemented, improved levels on Medicine Lake Rd will allow emer- gency access and significantly reduce or eliminate flood damage to homes and businesses. It will cost an estimated $22.5 million to correct these problems.Funding from the Department of Natural Resources Flood Damage Reduction Program will allow the three cities to coordinate to minimize flooding,keep Medicine Lake Rd passable for emergency vehicles, reduce and eliminate flood damage to homes and businesses, and allow for redevelopment in the area. City Position The City of Golden Valley is requesting legislative approval of funds through the Flood Damage Reduction Program to implement public improvements within the DeCola Ponds and Medicine Lake Road watershed.These projects would include improvements within the Cities of Crystal, New Hope and Golden Valley and would include flood storage,subwatershed diversion,and run- off rate control projects. Additional Documents (See Appendix 1) • Map:DeCola Ponds Flood Mitigation Area (1 page) 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 3 2. Public Safety Improvements At Douglas Drive/ State Highway 55 Issue The City of Golden Valley and Hennepin County are currently reconstructing about 1.75 miles of Douglas Drive north of Highway 55, including numerous pedestrian-friendly facilities(on-street bike lanes,off-street trails,off-street sidewalks)at a cost of$23 million.Major problems will still exist at the Highway 55/Douglas Drive intersection because no funding is available to correct them. Problem:Pedestrians must cross seven lanes of Highway 55 traffic to reach businesses,schools, and other area amenities.Also,the Luce line regional trail just north of Highway 55 brings many recreational bikers and joggers to the area. Solution:A new underpass culvert crossing for pedestrians/bikes would be ADA compliant and would connect the south frontage road to Douglas Drive(at location of new metro transit drop-off site),enabling safe passage for walkers and bikers. Problem:The south frontage road is too close to Highway 55,and vehicles don't have room to queue at intersection.Significant back-ups occur,and it can take numerous signal cycles to get through. Solution:Extending the throat of the intersection will provide more queuing capacity for vehicles at the intersection,thus moving more vehicles through in a shorter amount of time.A roundabout will eliminate the stop conditions at south frontage road and allow the intersection to quickly dissipate the queue. It will cost an estimated $6 million to correct these problems.Funding from the State would allow the City and County to coordinate the intersection project with the Douglas Drive project at significantly lower cost and less disruption to the driving public. City Position The City of Golden Valley seeks funding to improve operations,safety,and mobility at the inter- section of Highway 55 and Douglas Drive.Future improvements would better accommodate vehicles,pedestrians,transit,etc. Additional Documents (See Appendix 2) • Funding Map:Douglas Drive/Hwy 55 Intersection (1 page) • Current Map:Hwy 55&Douglas Drive(1 page) Legislative • million Page 4City o GGolden Valley . 2017 Legislative Priorities 3. Infrastructure Issue Infrastructure comprises all the basic structures and facilities that make a society habitable--sys- tems for water supply,sanitary sewer management,storm water and flood control,and transpor- tation,to start.In short,infrastructure is about the things that we need to live,and all across the United States,these aging systems are in need of repair and/or replacement. Golden Valley, like most cities in Minnesota and the nation at large, is facing a looming infrastruc- ture crisis.One reason this has become so pressing is most of the infrastructure in question is out of sight,out of mind,so it's easy to keep putting it off.People often take these systems for grant- ed,until they stop working. For example,when you flush your toilet, how often do you think about where the contents go? How it's cleaned?When you turn on your faucet,do you consider where the fresh water comes from?What transports it?Do you ever wonder how those systems are maintained?How old they a re? The majority of the unseen infrastructure we use daily was installed when communities were first developed.In Golden Valley,not only is it a half a century or more old, but as populations grow,it's taking on service demands it was not built to handle.Right now,that infrastructure is maintained and patched up as problems arise.Clamps are placed on holes in pipes, but that just moves the problem farther down.Eventually,the entire pipe has to be replaced. While replacing pipes saves a large amount of money in the long run,the single up-front cost is significantly higher than the annual costs of just patching it up,year after year.And those lower costs can seem appealing when you don't think about how much they add up. Like most state municipalities,the City of Golden Valley has recognized this oncoming infrastruc- ture crisis and is developing plans to prevent it.And it's not just sewer and water systems. It's roads and bridges,effective police and fire equipment,and 60-year-old government buildings. It's outdated construction equipment,dump trucks,computers, mowers,play structures,and park shelters. Rebuilding and renewing this infrastructure is not just crucial for our quality of life,but also for the quality of life of generations to come.The long-term goal to keep taxes and utility expenses lower than they inevitably would be if this infrastructure problem is allowed to grow into a full-blown crisis. City Position The City of Golden Valley supports dedicating more resources to all components of the state's in- frastructure systems and ensuring local units of government have access to resources and funding tools to meet growing needs. 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 5 4. Update Fiscal Disparities Formula Issue Since enacted in 1971 and implemented in 1975,Fiscal Disparities has required cities to share a portion of their commercial/industrial tax base growth with other jurisdictions.The contribution amount is based on the relative fiscal capacity of each community,which is measured by the market value per capita. Because Golden Valley has a high fiscal capacity,it contributes more to the pool than it receives. The Minnesota Fiscal Disparities Program was set up to: • share resources produced by growth of the metro area • make orderly development more likely by reducing competition for tax base • work within the existing power of local government and local decision making • give incentives for all to work for growth of the seven county metro area as a whole • help communities in different stages of development and redevelopment • encourage environmental protection To meet these goals,each taxing jurisdiction annually contributes 40 percent of the growth in its commercial/in- dustrial tax base for an"area-wide tax base:'Each municipality receives a share of the area-wide tax base through a formula based on its share of the area's population and its relative property tax wealth (tax base per capita). The City of Golden Valley understands the program and is aware of the 2012 TischlerBise study stating the pro- gram is working for most of the seven county metro area.However,Golden Valley believes the program does not promote revitalization of communities that have high commercial/industrial values and lower populations, thus creating a significant burden on residential properties in those communities.For example the Met Council's report of the Fiscal Disparities program for taxes payable in 2015 showed 101 recipients and 78 net contributors. St Paul received the highest distribution,Bloomington is the highest net loser,and Golden Valley is ninth as a net loser. City Position The City of Golden Valley supports revising Fiscal Disparities to lower the percentage to 30 percent so inner city metro areas can use the additional amount of property taxes received to help fund needed infrastructure im- provements,especially around their commercial/industrial areas(most of these cities have infrastructure that was built before the early'60s and needs to be replaced) Additional Documents (See Appendix 4) • Twin Cities Fiscal Disparities Top 20 Net Contributors For Taxes Payable 2015-Metropolitan Council (2 pages) Page 6 City of Golden Valley v/" 2017 Legislative Priorities S. Transportation Sa. Establish A Sustainable Formula For Increased Transportation And Transit Funding Issue A well-coordinated state transportation policy using all modes of transportation in moving pas- sengers and freight will enhance the state economic development of new and expanding busi- ness as well as foster additional tourism opportunities. City Position The City of Golden Valley supports dedicating more resources to all components of the state's transportation system and ensuring local units of government have access to resources and fund- ing tools to meet growing needs. 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 7 Sb. METRO Blue Line Extension Funds Issue The METRO Blue Line(Bottineau) LRT is planned to enter Golden Valley along the Burlington Northern Santa Fe(BNSF) Railroad corridor in the south and travel adjacent to the parkland, residential,and institutional areas on the east side of Golden Valley.Municipal Consent was reached for all cities along the corridor in early 2016.In addition,the Metropolitan Council approved the final scope and cost estimate for the project in July. The Station Area Planning process for two station locations in Golden Valley was completed in 2015.The Final Environmental Impact Statement for the project was published in 2016 and identified all environmental impacts associated with the line and proposed mitigation measures. Engineering issues surrounding the proposed stations,located at the LRT's intersection with Plymouth Ave and Golden Valley Rd,will continue to be identified in the next phase of work. The Hennepin County Regional Railroad Authority,in collaboration with the Metropolitan Council and the Cities of Golden Valley,Minneapolis,Robbinsdale,Crystal,and Brooklyn Park,continue to work toward identifying and mitigating issues surrounding the eventual construction and implementation of the METRO Blue Line Extension LRT.Additional funding for future study and community outreach efforts is necessary to ensure that the project moves forward. The METRO Blue Line Extension LRT is part of a broader plan to expand mass transit options in the Minneapolis/St Paul metropolitan area.As the region continues to grow,investment in an enhanced transportation network is essential.There are many additional regional transitways currently under study or development in the region.Increased funding for the development of light rail transit and bus rapid transit is essential for the growth and well-being of the Minneapolis/ St Paul metropolitan area. City Position The City of Golden Valley urges support of light rail transit and bus rapid transit options,and seeks funding to enhance study and community outreach efforts for issues surrounding the development of the Bottineau LRT. Page 8 City of Golden Valley 2017 LegislativePriorities Sc. US Highway 169 Improvement Planning From I-394 To Medicine Lake Rd Issue The 20-Year Minnesota State Highway Investment Plan indicates that no capacity improvements are planned for the US Highway 169 corridor between 1-394 and 1-94.Travelers experience from under one hour to up to four hours of congestion daily.Furthermore,since 2002 there have been more than 1,100 vehicle crashes along the corridor, in which 25 percent resulted in injury and one crash resulted in a death.The corridor provides access to many businesses,including General Mills, the Target Corporation,CS McCrossan,St Jude Medical,Select Comfort,Caterpillar,and US Foods, to name a few.In addition,institutions such as the Hennepin Technical College,the Robbinsdale School District,and others use the corridor as a primary access. Improvements to US Highway 169 have occurred north of 1-94.Additional improvements have been completed at the 1-494 interchange to the south.Since early 2013,City officials have been meeting with MnDOT staff to define needed transportation improvements along the US Highway 169 corridor and to identify potential funding sources. City Position The City of Golden Valley supports funding for the Hwy 169 Improvement Planning to achieve capacity and safety improvements on Hwy 169 from south of 1-394 to north of Medicine Lake Rd. 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 9 6. Metropolitan Council Inflow/Infiltration Grants Public And Private Improvements Issue The Metropolitan Council Environmental Service's(MCES)Water Resources Management Plan es- tablished an inflow and infiltration (1/1) surcharge in 2007 on cities determined by MCES to be con- tributing unacceptable amounts of clear water to the MCES wastewater treatment system.Since the inception of the surcharge program,50 cities have been identified as excessive 1/1 contributors. This number is subject to change,depending on rain events,and any city in the metropolitan area could be affected. The City of Golden Valley is a leader in the metropolitan area in addressing inflow and infiltration from public and private sources.The City has made significant investment to address 1/1 issues in the municipal system. In addition,through the City's Inflow and Infiltration Ordinance,significant investment has been made by property owners to reduce 1/1 from private sewer services. City Position Because 1/1 reduction efforts benefit the entire metropolitan area,the City of Golden Valley sup- ports the state providing continued capital assistance for grants to cities as well as financial assis- tance through future Clean Water Legacy Act appropriations. Additional Documents (See Appendix 6) • Memo:MCES I&I Grant Benefits-City of Golden Valley(1 page) Page 10 City of Golden Valley"/",2017 Legislative Priorities 7. Oppose Levy Limits Issue Levy limits undermine local budgeting processes,planned growth,and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services,despite varying local conditions and circumstances. For example,while working on its Capital Improvement Program (CIP),the City of Golden Valley reviews many revenue sources for financing future needs of the City. Levy limits make it impos- sible for the City to plan accurately for renewal of its infrastructure without compromising its bond rating. City Position The City of Golden Valley and Metro Cities strongly oppose levy limits. 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 11 8. Affordable Housing And Workforce Housing Issue Cities must ensure they provide a full range of housing choices within the community.As cities, businesses,and the overall economy within the Minneapolis-St Paul region continues to grow, the need for housing available to those with low and moderate incomes also grows.Failure to expand housing options will impact the region's ability to attract talent,grow its economy,and reinvest in itself. The City of Golden Valley is committed to doing its part to address the need to preserve and increase housing options for low-and moderate-income earners.The City has participated in the development of new affordable housing and the rehabilitation of existing housing.The City also is engaged in discussions through the Regional Council of Mayors around collective and individual City actions to increase housing options.Currently,as part of its Comprehensive Plan update,the City is gathering housing data,investigating housing preservation and development tools,and will set forth housing policies and goals in its plan. While a number of policy and financial tools exist to support both the preservation and construc- tion of new affordable housing,refinement and expansion of these tools is critical to address our region's housing needs. Examples of areas where State policies can further promote the invest- ment in affordable housing include: • modifying TIF statutes to clearly enable pooling of TIF revenue for affordable housing • establishing a statewide notification requirement for rental properties prior to ownership transfer • increasing funding for the State's rental rehab loan fund and including use of the fund in the metro region • enhancing State programs, policies,and funding allocations to promote and finance the pres- ervation and construction of affordable housing City Position The City of Golden Valley supports additional tools for local communities to develop affordable and workforce housing. Page 12 City of Golden Valley�`�2017 LegislativePriorities 9. Support Tax Incentives For Community Reinvestment Issue Golden Valley has aging residential and commercial structures that are in need of repair and rein- vestment. Reinvestment prevents neighborhoods from falling into disrepair,revitalizes community, and protects the tax base. Historically,the state has funded programs to promote reinvestment in communities, including the "This Old House"program (which allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home)and "This Old Shop"(for owners of older commercial/Industrial property who make improvements that increase the prop- erty's market value). City Position Golden Valley supports state programs and incentives for reinvestment in older residential and commercial/industrial buildings,such as, but not limited to,tax credits and/or property tax defer- rals. 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 13 Page 14 City of Golden Valley�,2017 Legislative Priorities Appendix 1. Medicine Lake Rd/Winnetka Ave Regional Flood Mitigation Additional Documents Map: DeCola Ponds Flood Mitigation Area (1 page) 7800 Golden Valley Road,Golden Valley,NIN 55427 763-593-8006 Page 15 N m O y O d 0 = c c MID �E 2' 9 O O O C C) r000too-4 a O O N O `y o as 10 m r___q LO Li LL _O Q 7 N O cot J L .O 7c) EL O OQ °�Z oo � N a N �m � �, Zoa �oo15 O Q (� .N C +� '� N .r?n.p 0 a)�� O39 L_ O X >m 0 N j U!►..� d �v _ w Q LL. d Q W > d moo^o a a Ma O ?3 c ° O `f c N N�• N p'G CrrJ j cc p Z p o c CL m aro 3U u u iIP f• • 1 c 11 IFIf�^.tn�FllaN ; nMltkMrk f 1 ! tE �. r rn �wMne�� rt i r i 4� ' r � I t i flPin M�f1fi1lf V L� Wj(]SejBnoa a►av ' w""w`I° 1"a�lllr�` �I =a 7 I1.. •w fit mil. � j''O ' f1 aky .116 to WN tueH — r 1 ! l 11�. r �any epekary Q �W&A%us"AGN } Rills s � T f 'r IT. f M 1 i(W� �a41.a'u,m+aexuw! , *1 `` .O an 1(!• ! 4VV"M Hri fx ! H` w• ' 'III N q� � ,RY �I. � L f 1 1 tx� I�Iq■M«i t tr l � � :r �— r— � 1 �... • F. IIR.IN'wE��a� f -� � - i�1f pµ�`ki. fi� r t�;�,1 Ip rtfk prr�`�tfirHly�Y�r ,N1�1tf I!! JIM,ar -1P.111 Ii 1 11 1 i i 1 11 lffial•i(rNl I it t'E-If t F1-11-i: 1 1 1!4 lW. tle!! 1 1 I C � 41 � •�„' � Y z ..�„n,,,.gp mss,. �,. ..._.......� -, r _ I .a :� air -- r , r lam`_•__-� - �v.. . a. i �� Q I 1 rr�Nl ..',,....a.Wt�' ,..�;,•, �y ..4 KI�1 .. � A WOW 4� v r e`' O 4 ' I.L. O Sona ry r20. r �. L d O C'g. aAV J 1� . f woo# CL O cn a. d i N � ._ L0 mz O 0”.,Q) CL L C Or,0 J A M� - 99,6 pmx�uno�. N aAd L��auueM - m�. , W •L ,a P s oy r IN «A. co " 'O I " OPM SJOPIL5 I C ZApir f Appendix 2. Public Safety Improvements At Douglas Drive/Highway SS Additional Documents Funding Map: Douglas Drive/Hwy 55 Intersection (1 page) Current Map: Hwy 55 & Douglas Drive (1 page) 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 17 i ------ --------��„t, - -------------- - �trat t�------ -- ------------------- Medicine --------Medicine Lake Road Pond 25th Ave N ryo'b� 4 •z Bt' sraster Or 3 '0 is 24th • 'o Ave N m ¢ Q z Madison Ave W e� p Jonollen Ln a = c z o £ o Decola z Sandburg School y ; wynnwood Rd Ponds B,C Madison n Ball Fields 9s Wynnwood Rd m s" Pennsylvania Pond j 4 z : N >a' Woods 231d Air. Deco/a e N U a Gowen Santlburg Rd Santlburg Rd Meadows z Pond D z WestbrooN Pond • D-1. Isaacson o Rd mSValtl-14 of n PondA o Park w Westmore Way Winntka O o. O' o Heights Dr 3 WI—tke Nelghts Dt Kenneth Way Decola Deco/a > d Pond Pond F z E z z z z ; a i 4 Q 6 3 Duluth St Y Duluth St is 2 E L WildWOod ''rye, k m z Patsy Ln O - Park z Y v 19, „ Duluth Ln N Honeywen 1. c'L 2 Juttaa'a� Y s aerpahh Pond .v1 4•y tb u° � � �. �•� Wolfberry�n Groan Valley Rd Wesley Dr ® Hampshire z ya-As a f.. ed n/ f S Archer Ave N �• du err V• — 1 e. _ P SP 3 O �Na,y-NaNr', '�s� •a�i��al iP a'9i�t vp }4 - 4 , oly o w,4... O a ' _ ? 3 eta is ^ ceeerry aee or. � k„` v HwY 55 "�• YE U{, y Goo- 0,_ t/iemorial HwY ,_ S Frontage no y prion Memoriar HAY T 4 ,r v -a ewis Rd c i 2 S a a M ,0sasen Creef u Wd B E vi < GeYdgPJe n GotdeDr �stt¢y Country Club Or rri G/eryK•oodAVe Cu try Club _. m m � � O f rJ_ .W, • 4 Perpich Cent r le For Arts Educe Ball Fields sea 4 Church Pond Kingston GU= �a �rYost rn City Of Print Date: 12/12/2013 0 golden Douglas Dr Funded Sources: - -Hennepin County Surveyors Office for [' - Not Funded Property lines(2013)&Aerial Photography(20-- 12). V a ey Hwy 55 Intersection -City of Golden Valley for all other layers. I 4• 1 Y N a r � N S £ r � a gi � h c - _. Put — -- zF or OWL 2 jQ sel6nodLn LO ...� pis iT- w� r —M Cvc r rr f- ( _ z owrr- `ee Tr L p = ; N 0 :My � N •A CJ '�� ., Ate• 4.? IZ czr r ry r # Ec;' �� v ... ... .::... Appendix 4. Update Fiscal Disparities Formula Twin Cities Fiscal Disparities Top 20 Net Contributors For Taxes Pay- able 2015 —Metropolitan Council (2 pages) 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 19 Twin Cities Fiscal Disparities Top 20 Net Contributors Taxes Payable 2015 Community Contribution Distribution Net Change Net Change Net Change Rank Tax Base Tax Base Tax Base Per Per Capita Net Household Chg. Bloomington 20,041,426 8,085,022 -11,956,404 -322 -139 1 Eden Prairie 15,719,259 4,671,423 -11,047,836 -452 -176 2 Minnetonka 13,140,436 3,422,577 -9,717,859 -434 -191 3 Plymouth 14,122,052 6,023,563 -8,098,489 -273 -111 4 Edina 9,626,075 2,540,472 -7,085,603 -332 -144 5 Eagan 12,393,062 6,829,638 -5,563,424 -215 -84 6 Roseville 8,823,807 3,401,187 -5,422,620 -361 -157 7 Maple Grove 10,852,529 5,766,878 -5,085,651 -214 -80 8 Golden Valley 5,994,022 1,597,631 -4,396,391 -491 -213 9 St. Louis Park 8,425,994 4,546,516 -3,879,478 -171 -82 10 Burnsville 10,577,867 7,689,798 -2,888,069 -116 -47 11 Rogers 3,986,050 1,100,886 -2,885,164 -729 -241 12 Wayzata 2,323,506 123,909 -2,199,597 -1,069 -532 13 Shakopee 6,698,876 4,630,858 -2,068,018 -155 -53 14 Minneapolis 51,741,779 49,817,942 -1,923,837 -11 -5 15 Chanhassen (combined) 3,563,523 1,666,901 -1,896,622 -215 -79 16 Oak Park Heights 2,214,196 415,839 -1,798,357 -848 -370 17 Mendota Heights 2,483,310 774,156 -1,709,154 -383 -153 18 Arden Hills 2,303,583 889,753 -1,413,830 -476 -151 19 Maplewood 6,639,024 5,275,009 -1,364,015 -89 -35 20 Notes: Hassan Township annexed by City of Rogers in 2012. Chanhassen in Hennepin County combined with Chanhassen in Carver County. Sources: Minnesota Department of Revenue, Property Tax Division. Population and household estimates as of April 1, 2013, from Metropolitan Council. Metropolitan Council January 2016 Appendix 6. Metropolitan Council Inflow/Infiltration Grants Public And Private Improvements Memo: MCES I&I Grant Benefits - City of Golden Valley (1 page) 7800 Golden Valley Road,Golden Valley,MN 55427 763-593-8006 Page 21 city of goldenMEMORANDUM valley � 1y Ph Development Department Physical Develo 763-593-8030/763-593-3988(fax) Date: January 28, 2016 To: Tim Cruikshank, City Manager From: Jeff Oliver, PE, City Engineer R.J. Kakach, EIT, Engineer Subject: MCES I&I Grant Benefits—City of Golden Valley The City of Golden Valley has utilized funding from the Metropolitan Council Environmental Services (MCES) Grant Programs to reduce Inflow and Infiltration (I&I) in both the public and private sewer systems over the past several years. The public grants have provided additional funding to allow expanded scopes on projects and decreased timelines on I&I reduction programs. For example, as part of the annual street reconstruction projects, we have been able to increase sewer lining and manhole sealing quantities with the extra grant money that was available. Also, we were able to expedite a five to seven year sanitary sewer manhole cover replacement program into four years with additional funding from MCES. The 2013-2014 MCES private sewer grant allowed residents to repair their sanitary sewer lateral and be reimbursed by MCES at 33%of the repair cost up to $2,000. The available funding through this grant was so popular that City staff had to turn away applicants. Nearly 300 properties applied for the grant over the two year period. This reimbursement opportunity from MCES led to an increase in I&I compliance with the City Ordinance. The Ordinance requires all properties to become compliant prior to the sale of a property. This allows the City to gradually reduce I&I in the private system. The grant money attracted interest from properties all over the City, including people who were not selling their home. This extra interest in becoming I&I compliant from the available MCES grant funding helped propel the City forward in their I&I mitigation efforts. The public and private grants provided by MCES have helped to lower Golden Valley's annual sanitary sewer flows over the past five years. The public grant has allowed for more thorough I&I reduction to be done with street reconstruction projects and I&I mitigation programs whereas the private grant increased interest in becoming compliant with the City's I&I Ordinance. The additional funding from MCES has pushed Golden Valley ahead in their goal to reduce I&I in the sanitary sewer system. G:\Communications\City Council\Legislative Policies\20MAppendices\MCES Grant Benefit Memo.docx �� t a. .,.N r�r.,�'STs �n'�"�. 3 n#'�. .^.`'�. ��ti t" �, y ri - � tz � � �� '' �,, .a. � �I�� k � lid��''y� � Y W + t �a n, t �� R may:? � "fir. .� � � !� .Y.k ��U r F 4 � M a F .. ... a- � �� ,: ,�, k4n. -.:, gyp." :. • ,,W,. s..., ..: .,v .� ... � ° �, n � �: �',•. �z�' a�^" r.�r. ,,. � :k: M� ,, ... ;s ��. �, � Gi a 5w ,, - A,".. f ,+;�i A '4f D`� �rrx 1"� jh � (yN" Y�r r ,,+ .�; � �;-, �_� �,. , � �r .,, _ `` �. ,_ ,,. r�,. .,,� �' � .r ti' �f � ,� � 3; � �� ':;�� ,� . ��,....., li �� _ �.; :. �. ,. �,.. ��s s �r r �;,5 • • •• � •• • Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 6. B. Authorization to Sign Golden Valley Community Foundation Memorandum of Understanding Prepared By Timothy Cruikshank, City Manager Summary As discussed at the December 2016 Council/Manager meeting the Council directed staff to place the Golden Valley Community Foundation Memorandum of Understanding for approval. Attachments •Golden Valley Community Foundation Memorandum of Understanding (4 pages) Recommended Action Motion to authorize the City Manager sign the Golden Valley Community Foundation Memorandum of Understanding. Memorandum of Understanding Between City of Golden Valley and Golden Valley Community Foundation BACKGROUND At the July 2016 Council/Manager meeting, the City Council created a committee to evaluate opportunities for furthering the relationship between the Golden Valley Community Foundation (“Foundation”) and the City of Golden Valley (“City”). Mayor Shep Harris, Finance Director Sue Virnig, Parks & Recreation Director Rick Birno, and City Manager Tim Cruikshank represented the City and Linda Loomis, Dean Penk, John Kluchka, and Jeffrey Prottas represented the Foundation. After meeting in August and October, the group created this document for consideration by the City Council and the Foundation’s governing board. MISSION The mission of furthering the relationship between the City and Foundation is to increase and best leverage the Foundation’s capacity to have a positive impact on the Golden Valley community through the services it provides and work it performs, and thereby improve the welfare of the community as a whole. It is understood that a positive and collaborative relationship between the City and Foundation increases the Foundation’s capacity, which in turn benefits the City and the community. The Foundation uses philanthropy, community initiatives and funding support to address the changing needs and interests of GV neighbors and friends. PURPOSE The purpose of this document is to clarify the relationship between the City and Foundation. STATEMENT The City recognizes that the Foundation’s work improves the general welfare of the Golden Valley community, reduces the administrative and financial burden on City government and results in delivery of services to the community that the City may not otherwise have the resources or capacity to deliver. The City believes in the role of a community foundation and respects the Foundation’s history and accomplishments. The City appreciates the desire of the Foundation to strive to have an even greater impact in Golden Valley for the overall good and well-being of the community, residents, and businesses. OFFICE SPACE The City agrees to lease office space to the Foundation effective June 1, 2017. The space will be the area located across from the DMV in the lower level of City Hall. It is 19’2” by 12’3” or approximately 228 square feet. The 2016 annual market value of this office space is $18/sq. ft. or $4,104. This is net rent which includes taxes and utilities, as provided by the County Assessor. The Foundation will be responsible for its own office services and equipment, including phone number/system, computers, mailbox, office furniture, copier, fax, and the like. The Foundation will collaborate with the City on appropriate signage on and/or adjacent to the office door. The consideration to be provided to the City by the Foundation in return for the office space includes that the Foundation will be responsible for, in full or in substantial part, the Market in the Valley Farmers’ Market (or similar program/event) between June and October and the annual Golden Valley Arts & Music Festival (or similar program/event). The City believes these two events are important to the welfare of the community. If not for the Foundation’s responsibility for these two events, the City would need to and would choose to operate these events itself, and the cost to the City of doing so would exceed the market value of the leased space. The City recognizes that the Foundation may now and in the future operate and provide additional events, programs and services that benefit the community beyond those two listed above. The office space will be provided to the Foundation under a formal lease agreement, with a month-to-month term and the City providing at least 90-days’ notice prior to any termination. Terms of the lease shall address issues of access and insurance, along with other customary lease terms determined by the City. With regard to access, the Foundation will have access to City Hall during normal business hours. The City will set specific times for after-hours access and will control access to City Hall via electronic keycard for these times. This will be done for safety and liability reasons. Access will only be allowed to City Hall for purposes of utilizing the Foundation’s leased space. With regard to insurance, the Foundation must be insured and the City must be listed as an additional insured on the policy or in the form of a rider. BROOKVIEW COMMUNITY CENTER The City is developing a policy for the use of community space in the new Brookview Community Center (“Brookview”) by private groups like the Foundation. The City expects the policy will generally provide that service organizations using the facility for not-for-profit uses will likely not pay a room rental fee. However, no outside food or beverage will be allowed to be brought in and therefore any food or beverage service would be required to be purchased from Brookview or one of its authorized vendors. COMMUNICATIONS/ADVERTISING The City will incorporate the Foundation into its Facebook page, website, publications and electronic billboard in the following manner: 1. The City website will include a link to the Foundation website on the “About Golden Valley” page and will include links to Market in the Valley and the Golden Valley Arts & Music Festival on the “Community Events” page. Both events will also be included on the website City Calendar. On the website home page news feed, the City will promote Market in the Valley twice before opening day, once before closing day, and up to three times during the season for special event days at the Market. Promotion will consist of a brief description of the Market or event followed by a link to the Market in the Valley website. On the website home page news feed, the City will promote the Golden Valley Arts & Music Festival twice before the event. Promotion will consist of a brief story featuring event highlights followed by a link to the Golden Valley Arts & Music Festival website. 2. The City Facebook page will “Like” and “Follow” the Foundation Facebook page. The City will share Market in the Valley Facebook posts to the City Facebook page to promote Market in the Valley twice before opening day, once before closing day, and up to three times during the season for special event days at the Market. The City will share Golden Valley Arts & Music Festival Facebook posts to the City Facebook page to promote the Golden Valley Arts & Music Festival twice before the event. The City will select which event posts to share when multiple options are available, and may coordinate selections with the Foundation. 3. The City electronic billboard will promote Market in the Valley starting one month before opening day and throughout the season until closing day. The City electronic billboard will promote the Golden Valley Arts & Music Festival starting one month before the event. Other Foundation events will be promoted on the electronic billboard upon request by the Foundation as long as the event complies with the City’s electronic billboard policy. 4. The City will list Market in the Valley and the Golden Valley Arts & Music Festival, with links to the respective websites, on the “Upcoming Events” page in the editions of Golden Valley CityNews that precede the events. During the inaugural year of this agreement, the City will provide one news story about the agreement in CityNews as space allows. The City will provide space in its Recreation Activities Catalog to promote Market in the Valley and the Golden Valley Arts & Music Festival in the issue preceding each event. Promotions will be sized as space allows, and finished artwork must be provided by the Foundation. 5. Callers/customers to City Hall for the Foundation or its programs/events will be given the Foundation’s contact information. There will be no interference with daily City administrative operations or administrative requests made of City staff by the Foundation. All contact related to new requests or coordination from Foundation representatives to city staff must be initiated through the City Manager’s office. PUBLIC ART The City and Foundation will work collaboratively to create a process for the advancement of more public art within the community. To the extent any art installations involve expenditure of City funds or the installation is located on City property or public right of-way, the City shall have final approval on the art itself and its placement. EVENTS The Foundation shall support and/or carry out the following events (or similar program/event): Market in the Valley Farmers’ Market, Golden Valley Arts & Music Festival (including the City’s photo contest awards presentation as part of this event), and the Envision Award. MEMBERSHIP AND VOLUNTEER RECRUITMENT The City agrees to include on its Boards and Commissions application form a brief summary of Foundation opportunities and an authorization for the City to share an applicant’s contact information with the Foundation for the purposes of promoting participation in the Foundation’s Board or Teams. The form of the authorization will be determined by the City and an applicant’s decision whether to provide such authorization will be voluntary. CITY FUNDING/GRANTS FROM FOUNDATION The City and Foundation will work collaboratively to streamline the process by which funds specifically donated to the Foundation for the purposes of funding a City project (for example: park equipment) are delivered to the City. FUNDRAISING The City recognizes fundraising is a critical aspect of what the Foundation does. However, the City will not solicit funds on behalf of the Foundation, including through any of its communication tools. The Foundation acknowledges City officials will need to consider both real and perceived conflicts of interest arising from any involvement they may have in the Foundation’s fundraising activities, and such conflicts may limit or prevent their participation in such activities. ANNUAL MEETING A meeting between the City and the Foundation Board representatives will occur at least annually at Council/Manager meetings designated by the City. TERMS The terms of this Memorandum are subject to annual review by both parties with any changes to be agreed upon by both parties in writing. Termination of the agreement may be initiated by either party and implemented after 90 days’ written notice to the other party. IN WITNESS WHEREOF, this Memorandum of Understanding has been agreed to and executed by the duly authorized representatives of the City and the Foundation, effective as of _________________, 2016. City of Golden Valley By: _____________________________ Timothy J. Cruikshank, City Manager Golden Valley Community Foundation By: _____________________________ Dean Penk, Board Chairperson Executive Summary For Action Golden Valley City Council Meeting December 20, 2016 Agenda Item 6. C. 2017 Council Meeting Dates Prepared By Judy Nally, Administrative Assistant Summary The City Council meets the first and third Tuesday of each month. The Council/Manager meetings are held on the second Tuesday of each month. Each year the City Council reviews the calendar and resets meeting dates if there are any conflicts. Listed below are the meeting dates that need to be reset: City Council Meeting: April 18 - Pesach July 4 - Independence Day August 1 - Night to Unite November 7 - General Election Council/Manager Meeting: April 11 - Pesach Recommended Action Motion to reset the following City Council meeting dates: April 18 to Thursday, April 20 July 4 to Wednesday, July 5 August 1 to Wednesday, August 2 November 7 to Wednesday, November 8 Motion to reset the following Council/Manager meeting dates: April 11 to Thursday, April 13 AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 3, 2017 6:30 pm 1.CALL TO ORDER PAGES A.Roll Call B.Pledge of Allegiance 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 or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes - City Council Meeting December 20, 2016 B.Set Time and Place of Agenda Closing C.Designation of 2017 Official Newspaper D.Designation of Depositories for City Funds 17- E.Approval of Check Register 1. City 2. Housing and Redevelopment Authority F.Licenses: G.Minutes of Boards and Commissions: 1. Human Right Minutes - H.Bids and Quotes: 1. HVAC System Contract I. Approval of Council Assignments J. Appointment of Assistant Weed Inspectors K.Approval of Use of Credit Cards for Purchases 4.PUBLIC HEARINGS A. 5.OLD BUSINESS 6.NEW BUSINESS A.Approve 55 West Project Feasibility Report, Call for Improvement Hearing and Assessment Hearing B.Council Assignment - Mayor Pro Tem C.Announcement of Meetings 1. Future Draft Agendas: Council/Manager January 10, 2017 and City Council January 17 and February 7, 2017 D.Mayor and Council Communications 7.ADJOURNMENT A G E N D A Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room January 10, 2017 6:30 pm or immediately following the HRA Meeting Pages 1. Presentation by Maxfield Research - Golden Valley Housing Inventory (20 minutes) 2. Grounded Solutions-Mix Income Housing Policy Tools Presentation (20 minutes) 3. Teen Committee (15 minutes) Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 17, 2017 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes - City Council Meeting January 3, 2017 B.Approval of City Check Register C.Licenses: D.Minutes: E.Bids and Quotes: F.Approval of 2017 Pay Equity Implementation Report 4.PUBLIC HEARINGS A. 5.OLD BUSINESS 6.NEW BUSINESS A.Approve Golden Hills/Xenia Project Feasibility Report, Call for Improvement and Assessment Hearings B.Announcement of Meetings 1. Future Draft Agendas: City Council January 17 and February 7, 2017 and Council/Manager February 14, 2017 C.Mayor and Council Communications 7.ADJOURNMENT