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08-15-17 CC Agenda Packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber August 15, 2017 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call C.Proclamation for Hunger Action Month 2 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes: 1. Council/Manager Meeting - July 11, 2017 3-4 2. City Council Meeting - August 2, 2017 5-8 B.Approval of City Check Register 9 C.Licenses: 1. Approve Liquor License Renewal - Theodore Wirth PAR 3 10-11 2. Gambling License Exemption and Waiver of Notice Requirement - Cancer Legal Care 12-14 3. Approve Requests for Beer and/or Wine at Brookview Park 15-16 D.Minutes: 1. Human Rights Commission - June 27, 2017 17-19 2. Human Service Fund - June 12, 2017 20 3. Open Space & Recreation Commission - June 26, 2017 21 4. Joint Water Commission - June 7, 2017 22-24 E.Bids and Quotes: 1. Authorize Purchase of Brookview Outdoor Furniture 25 4.PUBLIC HEARINGS 5.OLD BUSINESS 6.NEW BUSINESS A.Acceptance of Donations for Schaper Park 17-46 26-27 B.Authorize Purchase of Property at 1604 Mendelssohn Avenue North 17-47 28-31 C.Metropolitan Council Environmental Services Sewer Availability Charge Deferral Program 32-43 D.Approval of Amendment to City Manager Employment Agreement 17-48 44-46 E.Review of Council Calendar F.Mayor and Council Communications 7.ADJOURNMENT CITY OF GOLDEN VALLEY PROCLAMATION FOR SEPTEMBER IS HUNGER ACTION MONTH WHEREAS, hunger and poverty are issues of grave concern in the United States, the State of Minnesota and the City of Golden Valley; and WHEREAS, the City of Golden Valley is committed to taking steps to raise awareness about the need to combat hunger in every part of our city and to provide additional resources that citizens of Golden Valley need; and WHEREAS, the City of Golden Valley is committed to working with Second Harvest Heartland in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, more than one in 10 individuals in Minnesota rely on food provided by Second Harvest Heartland and Minnesota’s Feeding America Food Banks annually; and WHEREAS, Second Harvest Heartland distributed more than 80 million meals in 2016 through its network of food shelves, pantries and other partner programs; and WHEREAS, food banks across the country, including Second Harvest Heartland will host numerous events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community; NOW, THERFORE, BE IT RESOLVED, that the City of Golden Valley recognizes the month of September as Hunger Action Month in the City of Golden Valley. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 15 th day of August, 2017. _____________________________ Shepard Harris, Mayor UNOFFICAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA July 11, 2017 The meeting began at 7:50 pm in the Council Conference Room. Present: Mayor Harris and Council Members: Clausen, Fonnest, Schmidgall and Snope Also present were: City Manager Cruikshank, Physical Development Director Nevinski, Finance Director Virnig, Parks & Recreation Director Birno, Fire Chief Crelly, Deputy Fire Chief Massicotte, Planning Manager Zimmerman and Planning Associate/Grant Writer Goellner 1. 2040 Comprehensive Plan Update - Transportation Planning Manager Zimmerman provided feedback received from the Comp Plan Conversation open house and discussed reactions to the key transportation issues which included the draft goals and objectives and the initial thoughts on the bike and pedestrian plan. Planning Associate/Grant Writer Goellner presented information from the Bicycle and Pedestrian Task Force which included the bicycle & pedestrian network’s existing and proposed bikeways and sidewalks and answered questions from Council. Parks & Recreation Director Birno and Physical Development Director Nevinski answered questions from Council. The Council discussed the proposed transportation goals and objectives and the consensus of the Council was to have further discussion regarding the future of the Bicycle and Pedestrian Task Force in September or October. 2.Fire/Rescue Service - Phase 2 Services City Manager Cruikshank provided background information on the Fire/Rescue Service Final Report provided by Five Bugles Design. Mr. Mike Clark, Five Bugles Design, was in attendance and answered questions from Council. Fire Chief Crelly presented a PowerPoint presentation which included the history of the Golden Valley Fire Department, conditions of the current infrastructure and future options for maintaining a quality, sustainable level of service for Golden Valley residents. Chief Crelly further presented three options for the existing Golden Valley fire stations which include: Option 1A. Do nothing and maintain all three stations as they are, Option 1B. Maintain all three stations but add sleeping quarters for scheduled staffing needs, and Option 2. New East Fire Station and Public Safety Building addition for scheduled staffing needs and closing fire stations number 2 and 3. Chief Crelly reviewed response times and the cost of each option. He stated staff recommends continuing with Option 1 while transitioning to scheduled part-time staffing model, and to plan for a long-term move to Option 2 starting in 2024. Parks and Recreation Birno stated the new East Station would provide opportunities for Scheid Park. The Council discussed the Fire/Rescue Service Facilities Study and reviewed the options presented regarding current infrastructure. The Council consensus was to possibly proceed with staff’s recommendations and look for future funding sources. They thanked city staff for the presentation. Unofficial Council/Manager Minutes -2- July 11, 2017 3. Biennial 2018-2019 Proposed General Fund Budget Finance Director Virnig presented a PowerPoint presentation for the 2018-2019 General Fund Proposed Budget. She reviewed the schedule of dates for the 2018 budget, how the City is doing regarding revenue and expenditures in 2017, the 2018 city departments general fund proposed expenditures, the total proposed 2018 levy and total tax capacity in the City and answered questions from Council. City Manager Cruikshank answered questions from Council. The Council discussed the proposed budget and reviewed tax levies from the past ten years. Council discussed specific items they would like brought back to a future meeting for further review which include: lobbyists, the police and fire department operation budgets and street maintenance. Council thanked staff for the presentation. 4. Future Draft Agendas Council discussed adding to an upcoming Council/Manager meeting the following topics: local response to climate issues and possible design standards. The consensus was to bring these items back to a meeting in September or October. The meeting adjourned at 10:05 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA August 2, 2017 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 and City Clerk Luedke. 1C. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Harris administered the Oath of Office and presented a Certificate of Appointment, city mug, and pin and appointed Ms. Carrie Yeager to the Human Rights Commission. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Clausen, seconded by Council Member Fonnest to postpone Item 6A-Presentation of Selected Art for City Banner to discuss at the August 8, 2017, Council/Manager meeting and to bring the item back to the August 15, 2017, City Council meeting upon a vote being taken the following voted in favor of: Clausen and Fonnest, the following voted against: Snope, Schmidgall and Harris and the motion did not pass. MOTION made by Council Member Fonnest, seconded by Council Member Snope to approve the agenda of August 2, 2017, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the consent agenda of August 2, 2017, as revised: removal of item 3G-Adopt Resolution accepting Donations for Improvements at Isaacson Park and Memorial Bench for Brookview Park and the motion carried. 3A.Approve Minutes of the City Council Meeting of July 18, 2017. 3B. Approve City Check Register and authorize the payment of the bills as submitted. 3C1.Approve requests for beer and/or wine at Brookview Park as recommended by staff. 3C2.Approve temporary on-sale liquor license for the Finnegans Community Fund for an event at Motorwerks Mini at 705 Louisiana Avenue South on September 23, 2017. 3C3.Approve temporary on-sale liquor license for the Chester Bird American Legion located at 200 North Lilac for their 8 th Annual Roll with American Pride Car/Motorcycle Show on August 27, 2017. 3D.Accept for filing the Minutes of Boards and Commissions as follows: 1. Environmental Commission - June 26, 2017 2. Bassett Creek Watershed Management Commission - June 15, 2017 3E.Approve awarding a contract to Ban-Koe for installation of security improvements in City Hall, the Police Department, Street/Park Maintenance, Utility Maintenance and Vehicle Maintenance in the amount of $37,751.16. 3F.Adopt Resolution 17-43, supporting Application by Hammer Residences, Inc. to Hennepin County for Community Development Block Grant Funding. 3G.Adopt Resolution 17-44, accepting Donations for Improvements at Isaacson Park and Memorial Bench for Brookview Park. Unofficial City Council Minutes -2- August 2, 2017 3. APPROVAL OF CONSENT AGENDA - continued 3H.Authorize staff to contract Town & Country Fence to construct new dugouts and replace field fencing on ball field #1 at Isaacson Park for a total project expense of $41,490. 3I.Adopt Resolution 17-45, calling for a Public Hearing for the Purpose of Providing Host Approval for the Issuance of Revenue Obligations by the City of Minnetonka. 3J.Receive and file the June 2017 Financial Reports. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3G. Acceptance of Donations for Improvements at Isaacson Park and Memorial Bench for Brookview Park Council thanked the Golden Valley Little League Youth Baseball Association and the family of MacKrell for their donation. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 17-44, accepting Donations for Improvements at Isaacson Park and Memorial Bench for Brookview Park upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. 4. PUBLIC HEARINGS 4A. Public Hearing - Preliminary Plat Approval - Tralee at Cutacross - 210 Cutacross Road Planning Manager Zimmerman presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. Mayor Harris opened the public hearing. Mr. Scott Loehrer, GreenWood Design Build, Applicant, said he understands the concerns regarding the project but felt his company is responsive to the issues and concerns that the neighborhood and City may have during the project. He added that his company does care about the City and he answered questions from Council. Mr. Rob Dingmann, 211 Cutacross Road, said he drove down Paisley Lane during the project and that the road was always a mess and now that he will be right across from the construction so he is concerned about it. He also stated he is concerned that Cutacross is narrower than Paisley Lane and that his water pressure has gone down as homes have been built in the area. Mr. Jamie Wellik, 31 Meander Road, said that two residents did speak at the Planning Commission during the public hearing and he is concerned about water run-off and that the sites are being mounded. He added that he has lost plants due to the water run-off and that the neighborhood has had to install sump systems due to water issues in their basements. He said the City does not have a way to measure the water run-off into neighboring yards and the water shed from new homes are effecting plants and basements in the area. Mr. David Spencer, 203 Cutacross Road, said he and his wife used GreenWood Design to build their home two years ago and even though he does not disagree with his neighbors he said GreenWood did flow the water away from the house. He also said if he had problems, Unofficial City Council Minutes -3- August 2, 2017 4A. Public Hearing - Preliminary Plat Approval - Tralee at Cutacross - continued they would call the builder and that they were very responsive and answered questions and concerns they had. He added that it was a good experience. Mayor Harris closed the public hearing. There was Council discussion regarding the proposed Preliminary Plat Approval for 210 Cutacross Road. MOTION made by Council Member Fonnest, seconded by Council Member Snope to approve the Preliminary Plat for Tralee at Cutacross, 210 Cutacross Road, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $5,550 shall be paid before release of the Final Plat. 3. A deferred special assessment of $4,900 shall be paid before release of the Final Plat. 4. Modifications to the Survey and Preliminary Plat, as outlined by the Engineering Division in the memo dated July 1, 2017, shall be made and resubmitted to the City before approval of the Final Plat and the motion carried. 5. OLD BUSINESS 6. NEW BUSINESS 6A. Presentation of Selected Art for City Street Banners City Manager Cruikshank presented the staff report and answered questions from Council. There was much Council discussion regarding the selected art for the City street banners. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to approve that the recommended Art Submission for the City street banners enter a 30-day public review and comment period upon a vote being taken the following voted in favor of: Fonnest, Harris, Schmidgall and Snope, the following voted against: Clausen and the motion carried. 6B. Review of Council Calendar A Movie in the Park featuring “Sing” will be held on August 3, 2017, at 8:30 pm at Brookview Park. The Penny Carnival will be held on August 4, 2017, from 12:30 to 2 pm at Brookview Park. Some Council Members may attend the Market in the Valley on August 6 and August 13, 2017, from 9 am to 1 pm in the City Hall Campus Parking Lot. A Concert in the Park featuring the Honeywell Concert Band will be held on August 7, 2017, at 7 pm at Brookview Park. The next Council/Manager meeting will be held on August 8, 2017, at 6:30 pm. Some Council Members may attend an Employee Appreciation event on August 9, 2017, from 11am to 1 pm at Brookview Community Center. Unofficial City Council Minutes -4- August 2, 2017 6B. Review of Council Calendar - continued A Concert in the Park featuring the Vinnie Rose will be held on August 14, 2017, at 7 pm at Brookview Park. An Executive Session regarding the City Manager’s Performance Evaluation will be held on August 15, 2017, at 5:30 pm in the Manager Conference Room. The next City Council meeting will be held on August 15, 2017, at 6:30 pm. 6C. Mayor and Council Communication Council thanked the Golden Valley Police Department for coordinating over 100 Night to Unite events this year. The Council also thanked the police officers that they rode with during the event and said they enjoyed meeting residents at the events. 7.ADJOURNMENT MOTION made by Council Member Fonnest, seconded by Council Member Snope and the motion carried to adjourn the meeting at 8:19 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments •Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 3. C. 1. Approve 2017-2018 Liquor License Renewal Prepared By Kris Luedke, City Clerk Summary The following establishment has applied for renewal of their liquor license for the 2017-2018 license term. The following applicant has met City Code and State requirements for the renewal of their license. On-Sale 3.2 Malt Liquor License Theodore Wirth PAR 3 Attachments •Memo from Golden Valley Police Department (1 page) Recommended Action Motion to approve the renewal of the respective liquor license for the applicant listed above for the license period of August 15, 2017 through June 30, 2018. To: Kris Luedke From: Sgt. Jeff Johnson Date: June 21, 2017 Re:Liquor License Renewals The Background checks have been completed for the 2017-2018 licensing period. The below listed establishment has met City licensing guidelines. On-Sale 3.2 Malt Liquor License Theodore Wirth Chalet Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Cancer Legal Care Prepared By Kris Luedke, City Clerk Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments •Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Cancer Legal Care. MINNESOTA LAWFUL GAMBLING 4/17 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the • awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization CQ- �/1 C� L e�� y-� Previous Gambling 11 Z 9 IK& y�0 Name: Permit Number: 1 Minnesota Tax ID Federal Employer ID Number, if any: ��K f �� - Number(FEIN), if any: 0 _ 01 Z 3t�'-I°Z Mailing Address: SUA -,* f City: AT_i�en i S State: m Zip: Sr1_6k-Z County: e-C -M S� Name of Chief Executive Officer(CEO): Daytime Phone: tl�s ( — (�— �� Email: LI n �Cf hc¢r�-" 'yr NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal Q Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS-Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted-T Pb �.1�� (+�r1 l rZ O/Yl (for raffles, list the site where the drawing will take place): ssd Physical Address (do not use P.O. box): 'Sy 14' Ch ck one: C-- b I d e,+� �Cll '-e� Al '_1 :f -�✓�nQp(2, City: Zip: County: ❑Township: Zip: County: Date(s) of activity (for raffles, rY� b Com- m(-9- indicate the date of the drawing): (� + !� Check each type of gambling activity that your organization will conduct: d MRaffle Bingo Paddlewheels Pull-Tabs Tipboards l �} 7ems/(total value of raffle prizes awarded for the calendar year, including this raffle: $ ""�'""� ) Gambling equipment for bingo paper, bingo boards, raffle boards,.paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under List of Licensees, or call 651-539-1900. 4/17 LG220 Application for Exempt Permit Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. he application is acknowledged with no waiting period. T 5The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is denied. �/ ❑The application is denied. Print City Name: Qlolarh V alln Print County Name: Signature Personne : Signature of County Personnel: VI&Iq al4x Title: l WU Date: j 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 iscGffiplete acc ate to the bowledge. I acknowledge that the financial report will be completed and returned to the ar(ywithi ays of t vent date. Chief Executive Officer's Signature: Date: I (sign4@IESLmust q's sign nee may not sign) Print Name: l �` C4,\ 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 August 15, 2017 Agenda Item 3. C. 3. Approve Requests for Beer and/or Wine at Brookview Park Prepared By Kris Luedke, City Clerk Summary As per City Code Section 10.83, Subd. 2 I. “No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council.” As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $30 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachments •Beer and/or wine request list (1 page) Recommended Action Motion to approve requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER CC DATE APPROVED Lee, Angela 08-17 5 pm-10 pm Small 08-15-17 Sokur, Aksana 08-19 5 pm-10 pm Small 08-15-17 Abraham, Rick 08-22 11 am-4 pm Small 08-15-17 Muehiba, Kelsey 08-23 5 pm-10 pm Small 08-15-17 Dennison, Jennifer 08-25 5 pm-10 pm Small 08-15-17 Bondhu, Nancy 08-26 11 am-4 pm Small 08-15-17 Wienke, Duane 08-28 5 pm-10 pm Large 08-15-17 Cook, Jaron 08-29 11 am-4 pm Large 08-15-17 Valentine, N.09-02 11 am-10 pm Large 08-15-17 Doffin, Deborah 09-07 11 am-4 pm Large 08-15-17 Woods, Kevin 09-08 11 am-10 pm Small 08-15-17 Kopple, Bryssa 09-10 11 am-4 pm Small 08-15-17 Scheich, Jen 09-16 11 am-4 pm Large 08-15-17 Oestrei, Sheryl 09-16 11 am-4 pm Small 08-15-17 Human Rights Commission June 27, 2017 Meeting Minutes Page 1 of 3 MINUTES Human Rights Commission (HRC) Golden Valley City Hall 7800 Golden Valley Road Golden Valley, Minnesota 55427 Council Conference Room June 27, 2017 Commissioners present:Jonathan Burris, Co-Chair Gloria Peck Kyle Pettersen-Scott Maurice Harris Commissioners absent:Adam Buttress, Co-Chair Teresa Martin Staff:Kirsten Santelices, Human Resources Director The meeting was convened at 6:35 pm by Co-Chair Burris. Reported absence of two commissioners. Introductions Commissioners, including new Commissioner Harris, and Staff introduced themselves. Guest Citizen introduced herself as Kathy Vaaler. APPROVAL OF AGENDA Commissioner Petersen-Scott motioned to change the order of Old Business items on the agenda from A, B, C, to C, B, A. APPROVAL OF May 23, 2017 REGULAR MEETING MINUTES Motion by Commissioner Burris to approve minutes with updated reflect correct date. Second Petersen-Scott. OLD BUSINESS 2017 Pride Festival Update Peck gave a brief recap of the festival. Burris shared some details about the festival. Staff Santelices offered to share a link of photos from the festival. Burris shared the City Pages article on the Pride festival. Comprehensive Plan Petersen-Scott requested further instructions on responsibilities with the Comprehensive Plan. Burris confirmed statement by City Manager that HRC can provide feedback and make a statement on the Comprehensive Plan by the end of the year. Commissioners all agreed not prepared to do so today. Peck recommended that Commissioners to review comprehensive plan, found on the City website. Burris agreed, and postponed conversation to following meeting. ACLU Model State and Local Law Enforcement Policies and Rules Burris stated at the May HRC meeting there was a presentation from the Golden Valley Police Chief in response to the proposed ACLU policies. Petersen-Scott stated the HRC is being requested to review the topic and make a recommendation to the City Council at the August Council/Manager meeting. Sturgis emailed the Police Policy Manual and Impartial Policing Policy to Commissioners for review. Peck stated most relevant Police policy is Impartial Policing policy. Human Rights Commission June 27, 2017 Meeting Minutes Page 2 of 3 Citizen Vaaler requested to speak, granted permission by Co-Chair Burris. Vaaler provided history of discussion for Commissioner Harris, including People Power request for the City to adopt nine ACLU policies. Vaaler stated Impartial Policing was “right on, for some of the things,” but would like to see cities adopt nine model policies on immigration, specifically cooperation with ICE. Would like to limit the police departments’ ability to cooperate with ICE. Vaaler gave an example of ICE request for local department to detain someone without a judicial warrant. Co-Chair Burris stated current police policies negate that ability. Vaaler shared comments from individual meeting with City Manager and Police Chief and reiterated concern that current policies do not reflect requirement of judicial warrant. Vaaler continued to share opinion of advocacy group. Burris agreed that Vaaler should speak on August 8 th at the Council/Manager meeting. Burris stated August 8 th meeting was open for commissioners, and encouraged to attend. Burris shared the brief history of the HRC, and the recent changes within the administration. Proposed all members to be in attendance. Petersen-Scott recommended all Commissioners read through the nine policies and compare to the policing policy. Burris seconded Santelices stated intention of representing HRC at the Aug 8 meeting with recommendation (if any) from HRC. Vaaler stated policies one and two are the most important, and others are not as important, including number six. Santelices shared recommendation of HRC education and outreach, including opportunities for citizens to understand what our police do. Petersen-Scott asked Vaaler if other cities have adopted any of the nine policies. Vaaler responded “I do not know that.” Petersen-Scott requested to know this information to help make a decision. Burris stated that in the past the HRC has set up forums for community conversations. Burris further stated that the HRC mission is to enlighten, not to necessarily recommend actions/policy changes. Santelices shared intention for City to take part in ongoing Respect in the Workplace, and Unconscious Bias trainings – and continue having these trainings through the Police department. Vaaler stated that she has faith in Chief Sturgis and his leadership. The HRC will continue the discussion at the July HRC meeting. Per Petersen-Scott’s request Commissioner Harris shared experiences as a Commissioner in Columbia, MO, including advising and giving recommendations on policies. Commission Officers Burris moved to electing the officers, to which Petersen-Scott requested the guidelines on this process. Burris explained previous process, and referenced By-Laws. Burris motioned for recess to examine by-laws. Motion carried 4-0. Terms of office reviewed in By-Laws. Peck nominated Petersen-Scott for Chair. Petersen-Scott accepted nomination. Motion carried 4-0. Burris nominated Commissioner Harris for Vice Chair. Harris accepted. Motion carried 4-0. Co-Sponsor PTSD Event Peck shared request of Crystal/New Hope League of Women Voters to co-sponsor a program on post-traumatic stress disorder, showing the film “Buried above Ground,” with discussion after. Request HRC to distribute materials, no need to contribute funds. Petersen-Scott asked if anyone had seen the film, and requested to view the film prior to answering the request. Petersen-Scott and Harris committed to watching the film and reporting back. Human Rights Commission June 27, 2017 Meeting Minutes Page 3 of 3 The HRC will continue the conversation at the July HRC meeting. OLD BUSINESS July Agenda Topics Comprehensive Plan Discussion ACLU Post-Traumatic Stress Disorder Event ADJOURN Motion by Commissioner Petersen-Scott, second by Commissioner Harris to adjourn the meeting at 8:00 pm. Motion carried 4-0. _______________________________ Jonathan Burris, Co-Chair ATTEST: _________________________________ Kirsten Santelices, Staff Liaison Approved by HRC: July 25, 2017 Golden Valley Human Services Fund (GVHSF) Meeting Minutes June 12, 2017 Present:Denise La Mere- Anderson, Aaron Black, Stephanie Devitt, Hilmer Erickson, Kathryn Frommer, Peder Hanson, Katie Hart, Elissa Heilicher, Alan Ingber, Andrea Mac Arthur and Scott Charlesworth-Seiler. Also present, Brian Erickson, Staff Liaison. Not Attending:Sarah Meyerring Call to Order: La Mere - Anderson called the meeting to order at 6:46 p.m. Agenda Changes or Additions:No changes or additions to the agenda. May 8 Minutes:Charlesworth-Seiler moved and Mac Arthur seconded the motion to approve the minutes from May 8. The motion passed unanimously New Members:Katie Hart and Stephanie Devitt were introduced. Reappoint of Chair and Vice Chair:Denise La Mere – Anderson and Aaron Black were reappointed to Chair and Vice Chair. Upcoming Events: Golf Classic and Lawn Bowling Event: Cost of venue:Erickson shared that the cost of the venue would be the same as 2016 Sponsors:Information on current sponsors was shared and discussion of finding additional sponsors. Door prize solicitation:Erickson shared the donations acquired, to date. Members volunteered to contact businesses for sponsorships and prizes for the tournaments. Food/Beverages:La Mere-Anderson was working to firm up things with New Bohemia and plans for pre golf breakfast coordination were discussed. PR/Marketing:Current marketing implementation was expressed and new avenues were discussed. Logistics and Volunteers:Members talked about set-up for lunch and committed to volunteer shifts. Run the Valley date:Saturday, April 21, was selected as the date for Run the Valley 2018. Other Business: Application for 2018 Funding: Erickson shared that he is working with communications to get the application completed and posted on the City of Golden Valley website. Non 501c3 Funding Recipients: Erickson informed members that a change to By-Laws would be needed to make this change to fund organizations that don’t fall within the current requirements. It was recommend to ask a representative from the Golden Valley Finance Department to come to a future meeting for clarification. Adjournment:Black moved to adjourn the meeting, Erickson seconded the motion. The meeting was adjourned at 8:00 p.m. Respectfully submitted, Denise La Mere-Anderson GVHSF Chair Brian Erickson, Staff Liaison      JOINT WATER COMMISSION MINUTES Golden Valley-Crystal - New Hope Meeting of lune 7, 2017 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, Public Works Director, New Hope Randy Kloepper,Water Superintendent, Crystal Dave Lemke,Operations Manager, New Hope Mark Ray, Director of Public Works/City Engineer,Crystal Joe Hansen, Utilities Supervisor Jeff Oliver,City Engineer,Golden Valley Approval of Minutes—June 7,2027 Moved by McDonald seconded by Cruikshank to approve the minutes of the June 7,2017 Joint Water Commission Meeting. Motion carried. May 5, 2017 JWC Meeting Cancelled due to lack of agenda. 2018—2022 Joint Water Commission Capital Improvement Projects(CIP) Virnig will be meeting with the Technical Advisory Commission (TAC) immediately after this meeting to finalize the 2018-2022 CIP,including dollar amounts and project status as many projects are still open. Virnig also stated that comparing the 2018 CIP to the 2017 CIP,the total dollar amount is$78,000 lower in the 2018 CIP.The goal has been to try to maintain a level budget.Staff will bring this item back at the July 2017 meeting for approval.The Commissioners agreed and instructed staff to have this item on the July agenda. Approve the Crystal Pump Station Reroof Contract with Central Roofing Company This project is part of the 2017 Joint Water Commission budget in the amount of$90,000.The roof on the pump station was replaced in 1985.There currently is very limited ventilation in the pump room with none in the control room.This project will integrate the replacement of the roof hatches with the installation of an exhaust fan and inlet air damper in the pump room and a mini split air conditioning unit in the control room which will replace the window air conditioner being used now.Staff has been replacing the window air conditioner every two years.This work can be completed this summer. Moved by Cruikshank seconded by McDonald to approve the Crystal Pump Station Reroof Contract with Central Roofing Company in the amount of$51,210. Motion carried. Approve Supplemental Agreement No. 10 With Hennepin County for the County State Aid Highway 9 Project. TAC acknowledges the request for additional compensation and agrees that the additional depth required for helical piles was unforeseen during the bidding process and is justified. Both the TAC and County agree that Geislinger&Sons, Inc. incurred additional costs for using larger piles as part of the utility support systems. Basically upsizing the piles.The City of Robbinsdale has met with Hennepin County regarding their sanitary sewer along the corridor and as such Robbinsdale is part of this change Joint Water Commission June 7,2017 Page 2 of 3 order for the additional work.Staff is requesting approving the supplemental agreement and the Notice to Proceed with Hennepin County. The amount is not to exceed$40,000. This is still in final negotiations. Moved by Cruikshank seconded by McDonald to approve the Supplemental Agreement No. 10 with Hennepin County for the County State Aid Highway 9 project. Motion carried. Moved by McDonald seconded by Cruikshank to authorize the Notice To Proceed with Hennepin County Transportation Department for the County State Aid Highway 9 Project. Motion Carried. DeCola Update Discussion Oliver stated construction of the Liberty Crossing is nearing completion including the flood mitigation work. Issues arose with the soils and piling on the MCS forcemain and they are working to re-design to confirm the forcemain is stable. For the most, part this will be done in July included street paving. Staff spoke with the Department of Natural Resources(DNR)and was informed they were being funded approximately 7.5 million dollars for the flood reduction program, Ponds B,C, and E.Approximately twice that amount is needed.These projects are in the Bassett Creek Watershed for a contribution match.Staff will move forward to work this project through for the next bonding bill.At that time staff will put forth a more concerted effort.The DNR was extremely optimistic on this funding.Also this project is on the short list as there is a possibility of other projects not coming to fruition. Staff requested the entire contribution up front and Hennepin County stated this is in their CIP for 2018 if approved. When approved,this project will need to go through the watershed process including a feasibility report.The Commissioners stated the neighborhood is requesting an update as to what is happening with this project and staff will need to communicate to the neighborhood which should explain the bigger picture in terms of strategy. TAC Update • Water Supply Plan:The City of Golden Valley is bringing forth information from the draft water supply plan to the Planning Commission then to the Council Manager Meeting next week.SEH is working on this in preparation for the meeting.Another meeting with SEH will be scheduled to discuss the JWC portion of the Water Supply Plan. • Elevated Tower:TAC will be requesting information from KLN to provide options for a long-term plan.Specifically how to maintain the three towers. • Reservoir Work: Project is on hold for parts • Tower Security:Staff reached out to Homeland Security for their free Security Advisory Program. Nothing to report at this time. • PCCP Analysis Update.Analysis completed last year.Still reviewing the replacement of valves. Pipes in good shape.Staff has been budgeting money in the CIP each year.Staff is requesting approval to purchase adapters as the lead time is approximately 8-10 weeks.As far as the coordination of the actual projects;that will be done by each individual city because of the amount of coordination involved.Staff is requesting approval to proceed with the materials to utilize quantity discounts and prepare for lengthy delivery times. Moved by McDonald second by Cruikshank to authorize purchase of the valves needed to move forward on this project based on receiving quotes. Motion carried. • CIP Solar. Met with Tom Hoffman.Contractor still working on a final calculation.This will be on hold until calculations are received.Virnig reminded the Commission that the land is owned by the City and the Building is owned by the JWC.The Commissioners agreed that the cities should provide an agreement stating the JWC is the facilitator of this project. Joint Water Commission April 5,2017 Page 3 of 3 Next Meetine The next meeting is scheduled for May 3, 2017 at 1:30 pm in the Golden Valley Council Conference Room. CANCELLED DUE TO LACK OF AGENDA. The next meeting is scheduled for June 7,2017 at 1:30 pm in the Golden Valley Council Conference Room. Adjournment Moved by McDonald seconded by Cruikshank to adjourn meeti . Motion carried. Chair Norris adjourned the meeting at 3:00 pm. C it Anne ori ATTEST• Sue Schwalbe, Recording Secretary Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 3. E. 1. Authorize Purchase of Brookview Outdoor Furniture Prepared By Rick Birno, Director of Parks and Recreation Summary The new Brookview includes outdoor furniture for the decks and patio areas. As part of the scope of service for the design of the new Brookview, furniture, fixtures and equipment (FF&E) are recommended for the facility. The project architect, HGA, provides this service and has submitted the following recommendation for approval for the new Brookview: Outdoor Furniture Quotes Received: LOLL Outdoor $96,016.37 COALESSE Outdoor $98,192.27 The expense for the outdoor furniture is budgeted in the Brookview project. Staff is recommending City Council approve the outdoor furniture purchase in the amount of $96,016.37 from the LOLL Company. The LOLL Company designs and builds stylish modern outdoor furniture comprised of recycled materials, adhere to eco-friendly manufacturing practices and yield minimal environmental impact. Recommended Action Motion to authorize staff to purchase outdoor furniture from the LOLL Company for the new Brookview for an amount of $96,016.37. Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 6. A. Acceptance of Donations for Schaper Park Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Attachments •Resolution accepting Donations from the Golden Valley Rotary Club for bleachers and trees and Floyd and Sue Anderson for a new play structure bench at Schaper Park (1 page) Recommended Action Motion to adopt Resolution accepting Donations from the Golden Valley Rotary Club for bleachers and trees and Floyd and Sue Anderson for a new bench for Schaper Park. Resolution 17-46 August 15, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FROM THE GOLDEN VALLEY ROTARY CLUB FOR BLEACHERS AND TREES AND FLOYD AND SUE ANDERSON FOR A NEW PLAY STRUCTURE BENCH AT SCHAPER PARK WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donation: Golden Valley Rotary Club grant for bleachers at the Schaper Park Challenge Course in the amount of $5,294.00. Golden Valley Rotary Club grant for trees at Schaper Park in the amount of $1,200.00. Floyd & Sue Anderson donation for a new play structure bench at Schaper Park in the amount of $1,159.88. _____________________________ Shepard M. Harris, Mayor ATTEST: ____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 6. B. Authorize Purchase of Property at 1604 Mendelssohn Avenue North Prepared By Jeff Oliver P.E., City Engineer Tom Hoffman, Water Resources Technician Summary The City has been working with the Minnesota Department of Natural Resources (MN DNR) to voluntarily acquire properties that are subject to repeated flood damage in the Lakeview Park area of the City. The property at 1604 Mendelssohn Avenue North is one of four properties subject to repeat flooding that cannot be resolved due to site conditions. The acquisition and removal of the homes has been determined to be the only feasible option to eliminate the risk of repetitive flood damage. Three of the four homes have been purchased utilizing MN DNR Flood Damage Reduction Grant funding. The City retained Patchin, Messner, Dodd & Brumm to prepare an appraisal report for the property to determine the fair market value of the home. An offer to purchase the home for $195,000 was accepted by the owners who have signed an offer letter (attached) agreeing to sell the property to the City. Attached is a resolution authorizing the City Manager to purchase the property at 1605 Mendelssohn Avenue North for $195,000. Funding for this project is part of the City of Golden Valley’s 2017-2021 Capital Improvement Program (SS-34) includes $500,000 for the mitigation of flood prone properties. Additionally, the MN DNR is contributing $272,481.37 for the acquisition of the two remaining flood prone properties. The combined funding of the CIP and MN DNR grant is adequate to complete the purchase and removal of this home and the one remaining property. Attachments •Offer Letter (1 page) •Resolution Authorizing the Purchase of 1604 Mendelssohn Avenue North (2 pages) Recommendation Motion to adopt Resolution authorizing the Purchase of 1604 Mendelssohn Avenue North for $195,000. City oj( ,olden valle y 7800 Golden Valley Road July 13, 2017 Golden Valley,MN 55427 Khamben Sanavongsay 1969 School Master Drive Chaska, MN 55318 Dear Mr. Sanavongsay: The purpose of this letter is to set forth some of the basic terms and conditions of the proposed purchase by the City of Golden Valley of certain real estate owned by you (the seller). The terms set forth in this letter will not become binding until a more detailed "Purchase Agreement" is negotiated and signed by the parties. Description of Property- Lot 10 Block 13 Lake View Heights. 1604 Mendelssohn Avenue North, Golden Valley, MN 55427 Price- Patchin Messner Dodd & Brumm completed a market value appraisal for 1605 Mendelssohn Avenue North dated April 7, 2017. The final market value for the property was appraised at $195,000.00. Based on this valuation, the City of Golden Valley is offering $195,000.00 for the purchase of the property. If you have any questions regarding this offer, please contact Jeff Oliver, PE, City Engineer at 763-593-8034. If there are no questions and you accept the offer, please sign and date three copies of this offer letter and return them to the City of Golden Valley. Once the signed copies are returned, the City will provide you with a purchase agreement for your review. Sincerely, Signatures: .0 17-17 Jeff Oliver, PE 0."hamben Sanavongsay Date City Engineer 763-593-8000 Fax 763-593-8109 rry 763-593-3968 www.goidenvalleymn.gov G:IPROJECTS101ympia St Flood Reduction(16-14)11604 Mendelssohn Ave MOffer Letter.docx Resolution 17-47 August 15, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OF CERTAIN REAL PROPERTY FOR FLOOD DAMAGE REDUCTION ASSISTANCE GRANT PROJECT WHEREAS, the property at 1604 Mendelsohn Avenue North experiences repetitive flood damage from excess storm water runoff from adjacent neighborhoods; and WHEREAS, it is proposed to acquire repetitive flood damaged properties in Golden Valley in cooperation with the Minnesota Department of Natural Resources-Waters (MN DNR); and WHEREAS, the City Council has authorized an agreement with MN DNR for the proposed project including the acquisition of the property necessary for the project; and WHEREAS, it is necessary, desirable, and in the public interest to acquire real property set out in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that: 1. It is necessary, desirable and in the public interest to acquire the real property described in Exhibit A, attached hereto, to eliminate repetitive flood damage and for permanent public open space; and 2. City staff and City Attorney, or such other persons as necessary, are hereby authorized and directed to take all necessary steps and execute all necessary documents to acquire such real property and temporary construction easements; and 3. The acquisition of such real property and easements is necessary and desirable and constitutes a proper and necessary purpose. _______________________ 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 No. 17-47 -2- August 15, 2017 Exhibit A 1604 Mendelssohn Avenue North PID: 30-118-21-32-0104 Municipality: Golden Valley Addition: Lakeview Heights Lot: 010 Block: 013 Include adjacent ½ of vacated alley except road Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 6. C. Metropolitan Council Environmental Services (MCES) Sewer Availability Charge (SAC) Deferral Program Prepared By Sue Virnig, Finance Director Summary On November 4, 2015, City Council approved a Master SAC Deferral Agreement that allowed businesses to defer payment for SAC up to five (5) years in length. Staff has had its second request from an applicant to defer their sewer availability charge (SAC) and has asked to extend the term to ten (10) years in length. That term is the maximum length offered by MCES. In 2017, the City started to charge fees that coincide with the determination letter from MCES. Staff would like to offer the same deferral on its Water Availability Charge (WAC) and SAC. The program would run the same as the MCES program. Staff recommends the following amendment to the Master SAC Deferral Agreement: •Deferment period (term): Choose any whole number up to a maximum of 10 years. This term will apply to all individual deferments from the community. However, note that the Agreement allows any individual deferment to prepay the remaining principal (and interest up to the payoff date) at any time. o Staff recommends the term is a maximum of 10 years. The applicant may reduce the term or payoff early. Those interested would fill out an application for eligibility from the City of Golden Valley. Staff would review the application. If accepted, the Building Official would submit the MCES SAC-E form to MCES. The City would follow the same billing cycle as the MCES for their fees. Attachments •Amendment to the Master SAC Deferral Agreement (1 page) •Master SAC Deferral Agreement (7 pages) •SAC Deferral Application (2 pages) Recommended Action Motion to allow City Manager and Mayor to sign the amendment to change the length of deferral up to ten (10) years to the Master SAC Deferral Agreement. Motion to allow Staff to defer City WAC and SAC fees to follow the same terms as the MCES SAC Deferral Program. COMMUNITY: City of Golden Valley NO.2 COMMUNITY ADDRESS: 7800 Golden Valley Rd CONTACT PERSON: City of Golden Valley Building Official COMMUNITY-WIDE SAC DEFERRED AMOUNT: 80% COMMUNITY-WIDE SAC DEFERMENT PERIOD: 10 years PAYMENT MONTH(S): 120 months; biannual payment AMENDMENT TO MASTER SAC DEFERRAL AGREEMENT THIS AMENDMENT TO THE MASTER SAC DEFERRAL AGREEMENT (“Agreement”) that was entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, with business offices at 390 Robert Street North, Saint Paul, Minnesota 55101 (“Council”), and the local government unit identified above as the “Community” on November 4, 2015 is amended to include the following language change to: The Community’s “Community-Wide SAC Deferment Period” is identified on Page 1 of this Agreement. This amendment will allow an applicant to defer up to ten (10) years in length if approved by the building official. IN WITNESS WHEREOF, the Community and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. COMMUNITY METROPOLITAN COUNCIL By:By: Print Name:Print Name: Title:Title: Date:Date: By: Print Name: Title: Date: COMMUNITY: City of Golden Valley No. I 0 p0 COMMUNITY ADDRESS: 7800 Golden Valley Rd CONTACT PERSON: Jerry lFrevel, Building Official COMMUNITY-WIDE SAC DEFERRED AMOUNT: 80% COMMUNITY-WIDE SAC DEFERMENT PERIOD: 5 years PAYMENT MONTH(S): 60 months; biannual payment MASTER SAC DEFERRAL AGREEMENT THIS MASTER SAC DEFERRAL AGREEMENT ("Agreement") is entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, with business offices at 390 Robert Street North, Saint Paul, Minnesota 55101 ("Council"), and the local government unit identified above as the "Community." Recitals 1. The Council owns and operates the metropolitan disposal system. Under Minnesota Statutes section 473.517, subdivision 3, the costs of acquisition, betterment and debt service associated with the "reserve capacity" of the system must be allocated among and paid by the respective local government units in the metropolitan area through a sewer availability charge ("SAC") for each new connection or increase in capacity demand to the metropolitan disposal system within each local government unit. 2. Individual property or business owners whose properties are either newly connected or increase capacity demand to the metropolitan disposal system do not pay SAC to the Council. However, local government units that pay SAC to the Council for new connections or increased capacity demands typically pass on those costs to property and business owners by assessing property and business owners a "Local SAC" which sometimes includes local add-on charges. 3. Minnesota Statutes section 473.517, subdivision 6 authorizes the Council to provide for the deferment of payment of all or part of the allocated costs which are allocated by the Council to a- local government unit in any year pursuant to section 473.517, subdivision 3. The deferments are repayable at such time or times as the Council shall specify, with interest. 4. At its November 28, 2012 meeting, the Council adopted changes to its SAC program including a small business SAC deferral program. The changes became effective January 1, 2013. At its January 22, 2014 meeting, the Council adopted changes to the SAC deferral program that became effective immediately upon adoption. 5. The Council wants to encourage and help communities promote business development by deferring community SAC payment obligations pursuant to Minnesota Statutes section 473.517, subdivision 6, so participating communities may pass through to businesses the benefits of deferred SAC payments by the communities. The Council's ,Sewer Availability Charge Procedure Manual Page 1 of 7 Pages (January 2014) states that communities that want to participate in a SAC deferral program must execute a standard master SAC deferral agreement with the t'Ouncil. b. To obtain a deferment of a SAC payment obligation and provide assistance to businesses, communities will submit to the Council a signed master SAC deferral agreement. For the term of the master agreement, communities will have the option to note on their monthly SAC reporting, on forms as provided by the Council, the eligible SAC liabilities for which the communities are requesting a SAC payment deferment from the Council. For each such subject SAC liability the deferment will be effective as of the first day of the subsequent month (e.g., for an April building permit that is reported for SAC in May, the deferment will be effective as of June 1). 7. In order to define the rights and obligations of the Community and the Council and the relevant SAC deferral arrangements, the Community and the Council agree as follows: Article 1 - Definitions 1.1 Definition of Terms. Unless otherwise provided or indicated by the context, the terms defined in this article have the meanings given them in this article. Capitalized terms or phrases used in this Agreement have the meanings given them in the most recent version of the Council's Sewer Availability Charge Procedure Manual (the "SAC Procedure Manual"). (a) Community. "Community" means a "Community" or "Customer Community" as those terms are defined in the SAC Procedure Manual. (b) Determination. "Determination" has the meaning ascribed to that term in the SAC Procedure Manual. (c) ,Regional Portion of .local SAC. The "Regional Portion of Local SAC" means that portion of the Community's SAC payment obligations to the Council that the Community passed on to properties within the Community's jurisdiction and does not include any local add-on charges. (d) SAC Deferred Amount. "SAC Deferred Amount" means the amount of the Community's SAC obligation under Minnesota Statutes section 473.517, subdivision 3 that has been deferred pursuant to Minnesota Statutes section 473.517, subdivision 6 and the terms and conditions of this Agreement. (e) Business. "Business" means a property or business for which the aggregate SAC Determination results in a liability of twenty-five (25) SAC units or less, before application of any Credits available on the Site. Business does not include any type of "Residential Property" or "Publicly Assisted Mousing" as those terms are defined in the SAC Procedure Manual; nor does it include motels, hotels, camps, nursing homes, senior housing or prisons. Business includes "Commercial Properties," as that term is defined in the SAC Procedure Manual, but only when the aggregate SAC Determination for a Commercial Property is twenty-five (25) SAC units or less, before any applicable Credits. Page 2 of 7 Pages Article 2 — SAC Deferred Amount; Interest; Payments 2.1 SAC Deferred Amount. Subject to the terms and conditions of this Agreement and applicable law, the Council will allow the Community to defer payment on the Community's SAC obligations for Business properties within the Community's jurisdiction in an amount not to exceed eighty percent (80%) of the SAC due for the properties that are either newly connected or increase capacity demand to the metropolitan disposal system. The percentage by which the Community elects to defer payment on the Community's SAC obligations must be applied on a cormnunity-wide basis to all participating Businesses within the Community's jurisdiction. The "Community -Wide SAC Deferred Amount" is stated as a percentage on Page 1 of this Agreement. The deferment is available only to properties for which the aggregate Determination is twenty-five (25) SAC units or less. In each instance in which the Community exercises this deferment option, the SAC amount that is not deferred is due and payable at the time the SAC liability is incurred by the Community. Payments on the non -deferred amounts are due with the regular SAC reporting to the Council, pursuant to the SAC Procedure Manual. The deferred SAC liability begins accruing interest on the first day following the regular SAC reporting. 2.2 Interest. Annually at each calendar year-end, the Council will detennine the average rate on its wastewater bonds, pursuant to Minnesota Statutes section 473.517, subdivision b. All new SAC deferments during the following calendar year will be subject to that interest rate, but that interest rate will be fixed for the duration of the deferment period for each deferral originated in that calendar year. Interest on unpaid SAC Deferred Amount balances will be computed in whole months, however, payments to the Council can be annual. 2.3 Payments. When the Council invoices the Community for payments on its SAC Deferred Amount, the Council will provide the Community with a payment schedule that amortizes the SAC Deferred Amount and interest on that deferred amount over the tern of the deferment period. The Community's payment schedule will list the Business properties for which the Community elected to defer payments on the Community's SAC obligations to the Council. The Community will make payments to the Council at least annually. The Community may elect to make payments semi- annually or more frequently to correspond with the Community's Local SAC collections, assessments or other payments from Businesses, but the same payment schedule must apply to all Community SAC Deferred Amounts. The month(s) the Community elected to make its SAC payments to the Council under the payment schedule are identified on Page 1 of this Agreement as the "Payment Month(s)." The Community may repay or prepay the Council the unpaid balance of a SAC Deferred Amount at any time prior to the end of the deferment period. Any repayment or prepayment made by the Community shall be without penalty to the Community. The Community's payment schedule will be recalculated during the term of the deferment period to reflect: (a) repayments or prepayments by the Community; (b) the Community's election (if any) to discontinue making payments on its SAC Deferral Amount for a Site pursuant to Section 4.2(b); (c) any Community payments to the Council pursuant to Section 4.1(b);or (d) the addition of new Business properties for which the Community elects to deter payment on the Community's SAC obligations to the Council. 2.4 Local SAC Payments from Businesses. Subject to the limitation stated in Sections 3.2 and 4, 1, the Community may enter into a payment or other agreement with each Business for payment of Local SAC to the Community on terms and conditions agreed to by the Community and the Business. Except as described in Section 4.2, failure of a Business to make its Local SAC payments to the Community or the Community's failure (or choice) not to assess or collect Local SAC from a Business shall not relieve the Community of its obligation to pay the Council any unpaid SAC Page 3 of 7 Pages Deferred Amount, plus interest, or otherwise meet its SAC payment obligations under Minnesota Statutes section -173.517, subdivision 6 or other law, Article 3 - Term of Deferments 3.1 Term of Agreement. Unless otherwise terminated pursuant to this Agreement, this Agreement shall remain in force and effect until the term of the last deferment period expires for Business properties listed on the Community's payment schedule. The Council reserves the right to cancel, suspend or modify its SAC deferral program at any time and for any reason upon thirty (30) calendar days written notice to the Community, If the Council cancels, suspends or modifies its SAC deferral program it will honor all existing SAC deferrals which the Community elected to make under this Agreement prior to the cancellation, suspension or modification. The Community is responsible for giving timely notice to the Community's participating Businesses or prospective participant Businesses of any cancellation, suspension or modification of the Council's SAC deferral program that may affect the Community's local SAC deferral program. 3.2 Term of Deferment. The Community elects the term of the SAC deferments between the Council and the Community, but the maximum term of a Community's SAC defennent shall not exceed ten (10) years. The Community may have only one SAC deferment period and must have the same SAC deferment period for all Business properties covered by this Agreement, The Community's "Community -Wide SAC Deferment Period" is identified on Page I of this Agreement, Article 4 — Local SAC Deferrals 4.1 Local Terms and Conditions. The Community will be responsible for identifying property and business owners that qualify for the Community's SAC deferral program pursuant to any Community terms or conditions. The Council will disapprove a Community deferment request only if a property or business owner does not qualify as a Business as defined in this Agreement. Because the Council's SAC deferral program is intended to benefit Businesses, the Community must administer its local SAC deferral program in a revenue -neutral manner. The Community agrees its SAC payments to the Council will not be less than the Regional Portion of Local SAC payments the Community receives from participating Businesses. (a) Local Deferment Period. The Community agrees it will not allow a Business a less generous deferment period (i.e., a shorter deferment period) for payment of the Regional Portion of Local SAC than the term of the Community's Community -Wide Deferment Period. This Agreement is not intended to govern the payment or deferment of any local add-on charges by the Community (if any) for Business properties. (b) Local Deferred Amount. The Regional Portion of Local SAC deferred by the Community for a Business's benefit shall not be less than the Community's SAC Deferred Amount, If a Business elects to prepay the Community some or all of the Regional Portion of Local SAC deferred by the Community, the Community must make a like payment to the Council to cover the Community's SAC obligations to the Council for the Business property. If a Business elects to prepay some of the Regional Portion of Local SAC deferred by the Community the Council will recalculate the Community's payment schedule. Page 4 of 7 Pages 4.2 Unpaid Local SAC. If a Business ceases operations or moves from the Site and does not require the incremental wastewater capacity represented by the SAC deferral, the Commitaity may exercise one of the foiicwing two options: (a) Continue SAC Payments. The Community may continue to make its payments to the Council under the payment schedule, If the Community elects this option it will accrue SAC Credits for the Site in accordance with the SAC Credit provisions of the SAC Procedure Manual. (b) Discontinue SAC Payments. The Community may discontinue making its payments to the Council on the Community's SAC Deferral Amount for the Site. The Community must notify the Council if the Community elects this option and it must certify to the Council that the incremental capacity no longer is needed at the Site. The Community is responsible for making all SAC payments on the SAC Deferral Amount that were due prior to the notice, The Site will not be credited with the portion of the wastewater capacity not paid (for future SAC Determinations), but will receive Credit for actual SAC paid (including partial units). No Community SAC deferral payments to the Council will be refunded. Net Credits will be available to the Community for Community -Wide Credits only if a new SAC Determination establishes a permanent reduction of capacity demand. 4.3 Late Community Payments. If the Community makes a late SAC deferral payment to the Council, an additional administrative charge of two percent (2%) of the unpaid balance of the SAC Deferred Amount per month (or such higher interest rate allowable under law) will be applied. Article 5 - Notices 5.1 Written Notices. Any notice, request, demand and other correspondence required by or made in accordance with this Agreement shall be in writing and delivered: To the Council: Metropolitan Council Attn: MCES Finance Director 390 Robert Street North Saint Paul, Minnesota 55101-1806 To the Community: The Community's "Contract Person" identified on Page 1 At the "Community Address" identified on Page 1 5.2 Notice Delivery. Any notices or other correspondence shall be deemed to have been received: (a) three (3) calendar days after the date on the notice if the notice is sent by U.S. Mail; or (b) the next business day from the date on the notice if the notice is sent by facsimile or by e-mail. Article 6 - Defaulting Liabilities 6.1 Liability. To the extent permitted or authorized by law, the Community will hold the Council harmless and indemnify the Council against any actions, charges, claims, costs, damages, demands, expenses, liabilities, losses and proceedings which the Council may suffer or be subject to as a result of any default by a Business or the Community of the Community's SAC payment obligations under this Agreement or under applicable law. A Business's failure to pay Local SAC shall not relieve the Community of its obligation to pay the Community's SAC obligations to the Council. Nothing in this Agreement shall be interpreted as a waiver of any liability limitations or immunities granted to Page 5 of 7 Pages the Council and the Community by Minnesota Statutes chapter 466 or by other applicable state or federal law, 6.2 Survival of Terms. Notwithstanding any other provision of this Agreement, the validity of this Article and the Community's obligation to pay its SAC obligations shall survive the expiration or termination of this Agreement. Article 7 - Miscellaneous 7.1 Dispute Resolution. Any dispute arising under this Agreement shall be settled through consultations between the Council's and the Community's representatives, If an agreement regarding a dispute cannot be reached within thirty (30) days upon notice of a dispute from the Council or the Community, either party is then entitled to bring such dispute before the courts of this state or take such action as otherwise allowed by law. 7.2 Exercise of Rights. Any rights, powers and remedies granted to the Council and the Community by this Agreement shall not preclude or limit any other rights, powers and remedies available to the Council or the Community in accordance with law and other provisions of this Agreement. The exercise of any rights, powers and remedies by the Council or the Community shall not preclude the Council or the Community from exercising any other rights, powers and remedies available to the Council or the Community. No failure or delay by the Council or the Community to exercise any of their respective rights, powers and remedies under this Agreement or in accordance with applicable laws shall be construed as a waiver of such rights, powers, and remedies. The waiver of any right, power or remedy, in whole or in part, shall not preclude the Council or the Community from exercising any of their other respective rights, pourers or remedies. 7.3 Severability of Provisions. Each provision in this Agreement shall be severable from and independent of the other provisions. If one or more provisions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in force and effect. 7.4 Amendments and modifications, Any amendments or modifications to this Agreement shall be in writing and shall become effective only upon execution of the amendment by the Council's and the Community's authorized representatives. 7.5 Assignment. The Community shall not assign any of its rights or obligations under this Agreement to any third party, even if the Site which was the subject of the SAC liability is removed from the jurisdiction of the Community, The Community may not barter, trade, sell or otherwise treat any SAC payment obligation deferments or SAC Credits as a commodity and the Council will not honor any agreements between the Community and any third parties that purport to barter, trade, sell or otherwise treat any SAC payment obligation deferments or SAC Credits as a commodity. 7.6 Successors. This Agreement shall be binding on the legal successors of the Council and the Community, whether by operation of law or otherwise. 7.7 Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the Community and the Council represent and warrant on the Community's and the Council's behalf respectively that the individuals are duly authorized to execute this Agreement on the Community's Page 6 of'7 Pages and the Council's behalf respectively and that this Agreement constitutes the Community's and the Council's valid, binding and enforceable agrc.,:.nent. IN 'WITNESS WHEREOF, the Community and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. COMMUNITY By: Print Name: 5he-pai4 �- V-1 i Title: Dat 0 Prin c: j, 15-." t Name: Title: kG Ct G1 e r Date: ("72k r- 01- f Page 7 of 7 Pages METROPOLITAN CO NCIL By: ' Print Name: l� �, �� f t r) Title: I'�re4l � MCE: Eyianie ; kwbnue Date: !! 1 1 !S Phone 763.593.8090 / Fax 763.593.3997 / www.goldenvalleymn.gov 7800 Golden Valley Road Golden Valley, MN 55427 SEWER AVAILABILITY CHARGE (SAC)DEFERRAL PROGRAM APPLICATION BUSINESS INFORMATION Business Name: Business Address: Business Contact:Title: Principals and Titles: Telephone: E-Mail: PROPERTY OWNERSHIP INFORMATION Property Owner: Address: Telephone: E-Mail: SAC UNIT DETERMINATION The Metropolitan Council has established a total Sewer Availability Charge (SAC) Unit Determination for the Business, including all leased/owned space at the above address (attach the SAC determination letter): ______ Gross Units;Credits;Net Units;Rounded Units Note: Gross Units will be rounded down at x.49 or less, and units will be rounded up at x.50 or more. PROGRAM ELIGIBILITY SAC Unit (Gross) determination is between 2.50 and 25.49 units?Yes,No •If your gross determination is between 2.50 and 25.49 units, you may apply for a deferral of Met Council SAC and City of Golden Valley sewer connection charges. Page 2 of 2 The SAC Unit determination allows me to apply for the following fee deferrals to be paid to the City of Golden Valley monthly up to one hundred twenty (120) months as defined in a Payment Agreement to be executed between the Property Owner and the City: Metropolitan Council SAC ($2,485 per unit) _______ City Water Service Availability (WAC) Deferral ($1,700 per unit) _______ City SAC Deferral ($650 per unit) _______Term in Months for Deferral (max 120 months) Eligibility is also based on answering “Yes” to all six questions below: 1.___ Yes / ___ No Property tax payments are current? 2.___ Yes / ___ No The business is in good standing with the State of Minnesota? 3.___ Yes / ___ No The property is in compliance with Golden Valley City Code? 4.___ Yes / ___ No The SAC determination is three (3.0) or more gross units? 5.___ Yes / ___ No The property is located within the City of Golden Valley? AUTHORIZATION I have read and understand the Master SAC Deferral Agreement with MCES and the City of Golden Valley. I hereby certify that the above statements are true and correct to the best of my knowledge. I understand that any false statements may disqualify me or this business from the City of Golden Sewer and Water Fee Deferral Program. Business Signature:Date: Property Owner Signature:Date: Executive Summary For Action Golden Valley City Council Meeting August 15, 2017 Agenda Item 6. D. Approval of Amendment to City Manager Employment Agreement Prepared By Kirsten Santelices, Human Resources Director Summary Upon completion of the City Manger’s review, a 2.5% increase is proposed. This is the same increase being proposed for all other non-union employees and the increase negotiated with both bargaining units for 2018. This will bring the Manager’s compensation to $153,391. All other terms of the Agreement remain the same. Attachments •Resolution amending the City Manager Employment Agreement (2 pages) Recommended Action Motion to adopt Resolution amending the City Manager Employment Agreement. Resolution 17-48 August 15, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION UPDATING THE CITY MANAGER EMPLOYMENT AGREEMENT BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the attached Addendum to the City Manager Employment Agreement. This Agreement is effective September 9, 2017. _____________________________ 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. ADDENDUM TO CITY OF GOLDEN VALLEY CITY MANAGER EMPLOYMENT AGREEMENT DATED: August 15, 2017 Salary:*$153,391 Auto Allowance: $400 / month This Addendum was approved by the City Council on August 15, 2017, effective September 9, 2017. __________________________________ Timothy J. Cruikshank, Employee CITY OF GOLDEN VALLEY, MINNESOTA By: __________________________________ Shepard M. Harris, Mayor __________________________________ Kristine A. Luedke, City Clerk * Maximum 2017 compensation under Minn. Stat. § 43A.17, subd. 9 is $167,978.