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09-15-20 City Council Agenda REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code 133 857 6413. The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-593-8060. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1. Call to Order A. Pledge of Allegiance Pages 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: 1. City Council Meeting – August 18 3-7 2. City Council Meeting - September 1, 2020 8-12 3. Council Manager Meeting – August 18, 2020 13-16 B. Approval of City Check Register 17 C. Board/Commission Appointments Human Services Commission 18 D. Receive and file Bi-annual Police Body Cam Audit 19-24 E. Creation of Planning Taskforce for New Police Commission 25-28 F. Consider Adopting Police Administrative Policies 29-45 G. Approval of Golden Valley Fire Relief Association By-Law Pension Amount 46-49 H. Set Date for Proposed Property Tax Levy Payable 2021 and 2021-22 Budget 50 4. Public Hearing A. Public Hearing to Approve Resolution Providing for Issuance of Revenue Bonds by the Colorado Health Facilities Authority (Covenant Retirement Communities) 51-53 September 15, 2020 – Immediately Following HRA meeting 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting September 15, 2020 – Immediately Following HRA agenda 2 4. Public Hearing - continued B. Public Hearing – Amendments to the Zoning Map – Rezoning Properties to Achieve Conformance with the 2040 Comprehensive Plan 54-75 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Adopting City 2021 Proposed Budget and Proposed Tax Levies Payable in 2021 Resolution #20-52 76-92 B. Adopting HRA 2021 Proposed Budget and Establishing the Proposed Tax Levies Payable in 2021 Res. 20-53 93-94 C. Approve Purchase Agreement for 1800 Zephyr Place, Golden Valley, MN 95-107 D. COVID-19 Pandemic Emergency Administrative Actions 108-109 E. Review of Council Calendar 110 F. Mayor and Council Communications 7. Adjournment REGULAR MEETING MINUTES In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley declared a local emergency under Minnesota Statute, section 12.37. In accordance with that declaration, beginning on March 16, 2020, all meetings of the City Council held during the emergency were conducted by telephone or other electronic means. The City used WebEx to conduct this meeting electronically. Members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, and by dialing in to the public call-in line. The public was able to participate in this meeting during public comment sections, including the public forum, by dialing in to the public call-in line. 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 Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke 1C. Presentation – Human Rights Commission “All are Welcome in Golden Valley” video Council Member Harris introduced the video and provided background information on it and he also thanked Ms. Destiny Nathan, Human Rights Commission Youth member, who helped to create the video. City Clerk Luedke started the video. The Council thanked the Human Rights Commission and Ms. Nathan. 2. Additions and Corrections to Agenda MOTION made by Council Member Fonnest, seconded by Council Member Sanberg to approve the agenda of August 18, 2020, as submitted. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3.Approval of Consent Agenda MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to approve the consent agenda of August 18, 2020, as revised: removal of 3D2-Special Human Rights Commission minutes, 3F-Approve amending the City Manager Employment Agreement, 3G-Accept Resignation from Human Rights Commission and 3H-Accept Resignation from Human Services Commission. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. August 18, 2020 – 6:30 pm City of Golden Valley City Council Regular Meeting Minutes August 18, 2020 - 6:30 pm 2 3. Approval of Consent Agenda - continued 3A. Approval of Minutes: 3A1. Council/Manager Meeting – May 12, June 9 and July 14, 2020 3A2. City Council Meeting – July 21, 2020 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Licenses: 3C1. Receive and file the gambling license exemption and approve the waiver of notice requirement for The Church of St. Margaret Mary. 3C2. Authorize renewal of the following new and used vehicle dealer licenses for the 2020- 2021 license period: Jaguar/Landrover Minneapolis. 3D. Minutes of the Boards and Commissions: 3D1. Human Services Commission – June 8 and July 13, 2020 3D2. Special Human Rights Commission – June 5, 2020 3D3. Board of Zoning Appeals – June 23, 2020 3D4. Bassett Creek Watershed Management Commission – June 18, 2020 3E. Receive and file the July 2020 Financial Reports. 3F. Approve Amendment to the City Manager Employment Agreement. 3G. Accept Resignation from the Human Rights Commission. 3H. Accept Resignation from the Human Services Commission. 3. Items Removed From the Consent Agenda: 3D2. Special Human Rights Commission Minutes of June 5, 2020 Mayor Harris provided information on the June 5 Special Human Rights Commission meeting. MOTION made by Council Member Harris, seconded by Council Member Sanberg to accept and file the Special Human Rights Commission minutes of June 5, 2020. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3F. Approve Amendment to City Manager’s Employment Agreement Mayor Harris stated the City Council met on August 12, 2020, in a closed executive session to discuss the City Manager’s employment agreement. The Council thanked City Manager Cruikshank for his work for the City. MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to adopt Resolution 20-48, amending the City Manager Employment Agreement. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3G. Accept Resignation from the Human Rights Commission Council Member Rosenquist thanked Ms. Mary Giese for her service on the Human Rights Commission. City of Golden Valley City Council Regular Meeting Minutes August 18, 2020 - 6:30 pm 3 3G. Accept Resignation from the Human Rights Commission - continued MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to accept the resignation of Ms. Giese from the Human Rights Commission. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3G. Accept Resignation from the Human Service Commission Council Member Rosenquist thanked Mr. Jonas Courneya for his service on the Human Services Commission. MOTION made by Council Member Rosenquist, seconded by Council Member Harris to accept the resignation of Mr. Courneya from the Human Services Commission. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 4. Public Hearing 4A. Public Hearing – Ordinance #687 - Amending the Zoning Code to Include Mixed Use Architectural and Material Standards Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the public hearing. MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to adopt Ordinance #687, amending Section 113-157: Adding Mixed Use Architectural and Materials Standards to include standards for properties zoned Mixed Use. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: Maurice Harris and Shep Harris and the motion carried. MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to adopt the summary of Ordinance #687, for publication based on the finding that the title and summary clearly inform the public of the intent and elect of the ordinance. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: Maurice Harris and Shep Harris and the motion carried. 5. Old Business 6. New Business 6A. COVID-19 Pandemic Emergency Administrative Actions City Attorney Cisneros presented the staff report and answered questions from Council. There was Council discussion regarding the proposed emergency administrative actions items. City of Golden Valley City Council Regular Meeting Minutes August 18, 2020 - 6:30 pm 4 6A. COVID-19 Pandemic Emergency Administrative Actions - continued MOTION made by Council Member Sanberg, seconded by Council Member Harris to ratify Emergency Administrative Actions 20-59 and 20-63. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 6B. Review of Council Calendar Some Council Members may attend a DNC watch party at on August 19, 2020, from 7:30 to 10 pm at 341 Brookside Drive located in Golden Valley. Some Council Members may attend the Market in the Valley on August 23 and 30, 2020, from 9 am to 1 pm in the City Hall Campus Parking Lot. Some Council Members may attend the virtually Golden Valley Business Meeting on August 27, 2020, at 8:30 am. The next City Council meeting will be held virtually on September 1, 2020, at 6:30 pm. The City Offices will be closed on September 7, 2020, in observance of Labor Day. The next Housing and Redevelopment Authority Work Session will be held virtually on September 8, 2020, at 6:30 pm. The next Council/Manager meeting will be held virtually on September 8, 2020, at immediately following the HRA Work Session. Some Council Members may attend the Golden Valley Greens Classic on September 14, 2020, starting at 1 pm at Brookview Golf Course. 6C. Mayor and Council Communication Council Member Sanberg provided information on the upcoming Golden Valley Greens Classic including that is sponsored by the Human Services Commission to raise money for non-prohibits helping the Community. The Council discussed the Golden Valley Greens Classic and encouraged residents to sign up. Mayor Harris said he met with the neighborhood located close to the Theodore Beach to discuss issues at the beach. He also said he and Council Member Rosenquist attended the quarterly Blue Line Management Commission meeting and provided information from the meeting regarding light rail options. Council Member Rosenquist provided additional information from the meeting. 7. Adjourn MOTION made by Council Member Rosequist, seconded by Council Member Fonnest to adjourn the meeting at 7:38 pm. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. City of Golden Valley City Council Regular Meeting Minutes August 18, 2020 - 6:30 pm 5 ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Kristine A. Luedke, City Clerk REGULAR MEETING MINUTES In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley declared a local emergency under Minnesota Statute, section 12.37. In accordance with that declaration, beginning on March 16, 2020, all meetings of the City Council held during the emergency were conducted by telephone or other electronic means. The City used WebEx to conduct this meeting electronically. Members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, and by dialing in to the public call-in line. The public was able to participate in this meeting during public comment sections, including the public forum, by dialing in to the public call-in line. 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 Larry Fonnest, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke 1C. Introduce New Equity and Inclusion Manager Human Resources Director Santelices introduced Kiarra Zackery, the new Equity and Inclusion Manager and provided information on the hiring process. Kiarra Zackery thanked everyone and said she was excited to start at the City and she provided back ground information on herself. The Council welcomed Kiarra Zackery to the City of Golden Valley. 2. Additions and Corrections to Agenda MOTION made by Council Member Fonnest, seconded by Council Member Harris to approve the agenda of September 1, 2020, as submitted. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3.Approval of Consent Agenda MOTION made by Council Member Sanberg, seconded by Council Member Rosenquist to approve the consent agenda of September 1, 2020, as revised: removal of 3E-Approve Appointment to the Human Rights Commission and 3F-Approve Board/Commission Appointments. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3A. Approval of Minutes: 3A1. City Council Meeting – August 4, 2020 September 1, 2020 – 6:30 pm City of Golden Valley City Council Regular Meeting Minutes September 1, 2020 - 6:30 pm 2 3. Approval of Consent Agenda - continued 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Minutes of the Boards and Commissions: 3C1. Planning Commission – July 13 and 27, 2020 3C2. Environmental Commission – July 27, 2020 3C3. Human Rights Commission – June 23, 2020 3C4. Bassett Creek Watershed Management Commission – July 16, 2020 3D. Approval of Bids, Quotes and Contracts 3D1. Authorize the signing of the 2 year Test Rental and Use Agreement with CHS HR Consulting. 3E. Approve Appointment to the Human Rights Commission. 3F. Approve Board/Commission Appointments. 3. Items Removed From the Consent Agenda: 3E. Approve Appointment to the Human Rights Commission Council Member Fonnest said Mr. Thomas Huling would be joining the Human Right Commission. MOTION made by Council Member Fonnest, seconded by Council Member Harris to appoint Thomas Huling to the Human Rights Commission with a term to expire May, 2022 . Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3F. Approve Board/Commission Appointments Council Member Sanberg welcomed Mr. Jacob Rudeen to the Human Services Commission. MOTION made by Council Member Sanberg, seconded by Council Member Rosenquist to appoint Jacob Rudeen to the Human Services Commission with a term to expire May, 2021. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 4. Public Hearing 4A. Public Hearing – Amendments to the Zoning Code – Amending Sections 113-1: Definitions, 113-152: Screening and Outdoor Storage Planner Campbell presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the public hearing. There was Council discussion regarding the proposed amendment to the City Code section regarding screening and outdoor storage. City of Golden Valley City Council Regular Meeting Minutes September 1, 2020 - 6:30 pm 3 4A. Public Hearing – Amendments to the Zoning Code - continued MOTION made by Council Member Fonnest, seconded by Council Member Harris to adopt Ordinance #688, Amending Sections 113-1: Definitions, 113-92: Commercial Zoning District of the City Code. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: Maurice Harris and Shep Harris and the motion carried. 4B. Public Hearing – Amendments to the Zoning Map – Rezoning Properties to Achieve Conformance with the 2040 Comprehensive Plan Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Ms. Teresa Belden, 2937 Orchard Avenue, said she was calling on behalf of herself and the Golden Valley Housing Coalition in support of rezoning the Duluth and Douglas Drive area because it provided opportunities for more affordable housing to be built close to public transportation. Mayor Harris closed the public hearing. There was Council discussion regarding the amendments to the Zoning Map. MOTION made by Council Member Rosenquist, seconded by Council Member Sanberg to adopt Ordinance #689, Rezoning Certain Properties North of Olson Memorial Highway and East of Douglas Drive in Order to Achieve Alignment with the 2040 Comprehensive Plan. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: Maurice Harris and Shep Harris and the motion carried. 5. Old Business 6. New Business 6A. Appeal of Board of Zoning Appeals Decision – 2565 Byrd Avenue North Planner Campbell presented the staff report and answered questions from Council. City Clerk Luedke answered questions from Council. Mr. David Uhr, the property owner, said he has looked into additional landscaping the cover the areas for privacy issues He said having a continuous fence is important to him because they have a large dog and are expecting a child and they would like some security in their back yard. There was Council discussion the Board of Zoning appeal decision for 2565 Byrd Avenue North. MOTION made by Council Member Rosenquist, seconded by Council Member Harris to deny the variance request of 2 ft. over the allowed 4 ft. in height for fences in a front yard to a total of 6 ft. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. City of Golden Valley City Council Regular Meeting Minutes September 1, 2020 - 6:30 pm 4 6A. Appeal of Board of Zoning Appeals Decision – 2565 Byrd Avenue North - continued MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to modified approval of the variance request of 2 ft. over the allowed 4 ft. in height for fences in a front yard to a total of 6 ft. limited to the section of fence directly facing 26th Avenue South. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 6B. Review of Council Calendar The City Offices will be closed on September 7, 2020, in observance of Labor Day. The next Housing and Redevelopment Authority Work Session will be held virtually on September 8, 2020, at 6:30 pm. The next Council/Manager meeting will be held virtually on September 8, 2020, immediately following the HRA Work Session. Some Council Members may attend the Golden Valley Greens Classic on September 14, 2020, starting at 1 pm at Brookview Golf Course. Some Council Members may attend the virtually Golden Valley Business Meeting on August 27, 2020, at 8:30 am. A Special Housing and Redevelopment Authority meeting will be held virtually on September 15, 2020, at 6:30 pm. The next City Council meeting will be held virtually on September 15, 2020, immediately following the HRA meeting. 6C. Mayor and Council Communication City Manager Cruikshank provided information on the upcoming City Council and Council/Manager agendas and answered question from Council. Council Member Fonnest said the Golden Valley Historical Society and CCX Television will be airing the Golden Valley story on September 17 at 6 pm. Council Member Rosenquist provided an update on the issues at Twin Lakes. She said she, Mayor and the City Manager had taken part in a meeting with the Minneapolis Park Board regarding the safety at the beach and provided information on the long term goal. Mayor Harris provided an update on the Blue Line Coalition meeting and said that the Coalition will be meeting with the Governor regarding the light rail line and that he will update the Council after the meeting. There was Council discussion regarding proposed light rail line. There was Council discussion regarding the upcoming Golden Valley Greens Classic on September 14. City of Golden Valley City Council Regular Meeting Minutes September 1, 2020 - 6:30 pm 5 6C. Mayor and Council Communication - continued Council Member Harris reminded Golden Valley residents to complete the 2020 Census if they had not already because congressional seats are on the line. The Council thanked City Clerk Luedke for her service to the City of Golden Valley. 7. Adjourn MOTION made by Council Member Rosenquist, seconded by Council Member Harris to adjourn the meeting at 7:38 pm. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Kristine A. Luedke, City Clerk REGULAR MEETING MINUTES The meeting began at 6:30 pm. Present: Mayor Harris and Council Members; Rosenquist, Fonnest, Sanberg and Harris. Staff present: City Manager Cruikshank and Finance Director Virnig. 1.Human Services Commission and Golden Valley Community Foundation Discussion Councilmember Fonnest explained he suggested having this topic on the agenda to highlight the accomplishments of the Human Services Commission and the Golden Valley Community Foundation (GVCF) as well as to discuss the overlap between the two organizations. Fonnest pointed out that he believes there appear to be overlap between the outreach and fundraising actives in which both organizations are involved in. He explained that due to this overlap, the community might find it burdensome to receive communication from both groups on the same matters, and in turn this could have unintended consequences to raise funds in support of this agencies. Fonnest asked that the Council discussed what they would hope to see happen in the future. City Manager Cruikshank offered a historical perspective on the Golden Valley Community Foundation. Since its inception, the duties, services and generation of revenue have unintentionally overlapped with the Human Services Commission (HSC). There have been several efforts to achieve what Councilmember Fonnest is recognizing with no immediate resolution to date. Councilmember Sanberg stated she attended the HSC meeting on August 10 and offered to share the commission’s perspective of the issue on their behalf. The commission is willing to consider the possibility of partnering with the GVCF or explore avenues to better support the foundation. Sanberg stated the commission is also concerned about potential changes based on being in a good place in terms of revenue streams and the work they are doing. Councilmember Harris expressed he agreed with Councilmember Fonnest that there could be better coordination on target audiences for fundraising support to avoid overlap and burdening the community. Councilmember Fonnest suggested bringing the HSC and GVCF and City Council to discuss a new direction moving forward, involving consideration and consultation to better coordinate City’s efforts around fundraising. Mayor Harris agreed with Fonnest and added that the Council should set a deadline and parameters to reach an agreement. Harris also expressed concerns on the ability of the foundation to raise funds and act as fiscal agent to other local non-profit organizations. Mayor Harris asked if the HSC and the GVCF will be able to come to an agreement on cost and revenue sharing given that these conversations occurred in the past without a resolution. August 12, 2020 – 6:30 pm Virtual WebEx Meeting 2 City of Golden Valley City Council/Manager Regular Meeting Minutes August 12, 2020 – 6:30 pm Councilmember Rosenquist agreed that a meeting of both organizations would be productive. She added that the Council’s role as mediator is valuable to achieve goals. Mayor Harris asked City Manager Cruikshank questions about staff capacity to help guide this process. Cruikshank said that he didn’t foresee issues with staff assisting with this process. Councilmember Sanberg stated she is not opposed to having a facilitated conversation with the leadership of the foundation and the commission where coordinated efforts are discussed— anything beyond that would be more challenging given that the history, structure and funding models of both organizations are very different, she said. Councilmember Rosenquist shared her experience with the Meadowbrook PTO as a contextual example in favor of such a meeting between organizations. She explained that as a result of poor coordination, different groups of parents where reaching the same target entities and businesses on behalf of Meadowbrook PTO. A decision was made to meet with leadership and plan out a year strategy regarding events, their purpose, and the kind of support they would need. She explained that it served the overall goal of creating funds to support programs and the overall structure of the school. Councilmember Harris spoke in favor of a meeting between the HSC, GVCF and City Council and said that the meeting would be a very targeted and guided discussion, to identify gaps, narrow the focus and identify potential solutions. Mayor Harris added that his hope was that this conversation would help the organizations find ways to help each other meet needs and identify goals. City Manager Cruikshank suggested the meeting attendees be select leadership from both organizations along with staff liaisons. He added it would be appropriate that a member of City Council facilitated the discussion. Council Consensus was that Councilmember Fonnest assume the role of facilitator and for the meeting to take place in the near future. 2. 2021-2022 Proposed General Fund Budget Finance Director Virnig presented the staff report which is comprised of the 2021-2022 General Fund Budget. Virnig outlined the 2020 schedule and stated that on September 15, the City Council is set to consider the proposed City budget and levy along with the HRA Levy and Budget. She explained that all building permit types (building, electrical, heating, etc.) will exceed the budget amount by $94,500. She explained that the City used positive performance to help with the expenditures from the COVID-19 pandemic. Virnig added that Fines and Forfeitures are down $86,000 due to COVID-19 unrest and the courts being closed. On the topic of property tax revenue, the City is experiencing slightly higher allowances due to delinquencies. She stated that the estimated use of fund balance is totaled at $82,125 which is much lower due to delay of projects and staff hiring. Virnig continued with the total bonded debt. The City reduced the debt from $69,000,000 to $65,000,000 in 2020, part of this decrease was due to the City not selling bonds for the 2020 Pavement Management Program (PMP) and an issue that was refinanced when 2017 came due. Virnig detailed the 2021 proposed general fund expenditures including but not limited to: City website redesign, addition of critical full-time positions, premium increases for League of 3 City of Golden Valley City Council/Manager Regular Meeting Minutes August 12, 2020 – 6:30 pm Minnesota Cities Insurance Trust (LMCIT) and supplies for Brookview facility are properly estimated. The overall items contain a proposed 2% salary increase as the cost of living adjustment (COLA) and an increased contribution to health insurance for employees. Virnig discussed new items in the 2021 HRA budget. She explained the HRA Levy would help the City lead its housing initiatives and build collaborative relationships with multi-family property owners and managers, civic groups, industry groups, and non-profit organizations. It would also allow for implementation of economic development strategies while providing additional funding for new affordable housing opportunities. Mayor Harris asked staff to talk about some of the duties of the proposed listed new positions. Councilmember Rosenquist expressed concerns about adding too many positions in 2021 after the City implemented a hiring freeze in response to COVID-19 in 2020. Mayor Harris expressed concerns about increasing the hours for the Assistance Recreation Supervisor from part-time to full time at this point in time, citing financial impact over residents and not wanting to increase the levy by too much. Councilmembers Harris and Rosenquist agreed that at this time the need for that position to transition into full time is not a priority. At the request of the Council, staff explained that the current position is in charge of coordinating and evaluating a variety of parks and recreation programs and events as well as assisting the Recreation Supervisors with creating schedules and supervising programs and part-time/seasonal and volunteer staff. Councilmembers Sanberg and Fonnest debated the potential to hold a meeting with the Chief of Police to discuss the 2021 Police budget more comprehensively given that a significant percentage of the general fund budget goes towards the Police department (totaled at $6,700,000 dollars). While thinking about some of the settings where the Police interacts with community members, Councilmember Sanberg added that possibly certain resources in the police budget could be shifted to a different part of the City budget, for instance re allocating some of the money to affordable housing initiatives. Mayor Harris supported Sanberg’s proposal and said the conversation would be timely and appropriate. Councilmember Harris added that looking at current data for police calls would help balance police funding allocation and effectiveness. The Council agreed to continue the conversation within the next month. The Council is fully supportive of the COLA adjustment increase. Councilmember Fonnest discussed the Housing and Economic Development Manager position. The individual in this position would look at workforce and affordable housing issues and would assist with the economic development of the City. Fonnest expressed he sees merit in having a dedicated manager involved in both of these purposes. Mayor Harris agreed on the timeliness and importance of this position. Councilmember Rosenquist said that this position would assist in finding partners, grants, and leverage money for the City’s housing initiatives. City Manager Cruikshank explained that Chief Sturgis would be invited to the next Council Manager meeting September 1 to discuss the Police department budget. Cruikshank added that the proposed levy and budget would be finalized for adoption consideration at the September 15 City 4 City of Golden Valley City Council/Manager Regular Meeting Minutes August 12, 2020 – 6:30 pm Council meeting. Councilmember Sanberg and Rosenquist asked staff to prepare a summary of the Police department types of calls for service, their origin and how they get routed internally. The Council thanked staff for their work and agreed to re visit these topics on the next Council Manager meeting September 1. 3. Council Review of Future Draft Agendas: City Council August 18, City Council September 1, HRA Work Session September 8, Council/Manager September 8, Special HRA Meeting September 15, City Council September 15, City Council October 7, and Council/ Manager October 13, 2020 City Manager Cruikshank explained that the Council Manager meeting agenda for October 13 was amended to include: o Discussion of Section 8 of the Nuisance Ordinance o Discussion of the Crime Free Ordinance No further changes were submitted for future drafts agendas. The meeting adjourned at 9:00 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Tomas Romano, Assistant to the City Manager’s Office Golden Valley City Council Meeting September 15, 2020 Agenda Item 3.B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/browse.aspx?id=717279&dbid=2&repo=GoldenValley The check register for approval: o 09/09/20 Check Register Golden Valley City Council Meeting September 15, 2020 Agenda Item 3. C. Board/Commission Appointments Human Services Commission Prepared By Tomás Romano, Assistant to the City Manager’s Office Summary As Board and Commissions have vacancies, the City Council conducts interviews with individuals who have applied to serve on them. After interviews are conducted, the Council may decide to make appointments. Financial Or Budget Considerations Not applicable Recommended Action List of Current Boards/Commissions Vacancies ______________ | Human Services Commission | Term expires May, 2023 Golden Valley Council City Meeting September 15, 2020 Agenda Item 3. D. Receive and file Bi-annual Police Body Cam Audit Prepared By Jason Sturgis, Chief of Police Summary An independent audit of the Golden Valley Police Department’s Portable Recording System (body-worn cameras (BWCs)) was conducted on May 28, 2020. The objective of the audit was to verify Golden Valley Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473. The audit was completed by and independent auditor who is used by other agencies in the state of Minnesota for the same purpose. Financial or Budget Considerations $1500 Supporting Documents •Independent Audit Report INDEPENDENT AUDIT REPORT Chief Jason Sturgis Golden Valley Police Department 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Chief Sturgis: An independent audit of the Golden Valley Police Department’s Portable Recording System (body-worn cameras (BWCs)) was conducted on May 28, 2020. The objective of the audit was to verify Golden Valley Police Department’s compliance with Minnesota Statutes §§13.825 and 626.8473. Data elements the audit includes: Minnesota Statute §13.825 • Data Classification • Retention of Data • Access by Data Subjects • Inventory of Portable Recording System Technology • Use of Agency-Issued Portable Recording Systems • Authorization to Access Data • Sharing Among Agencies Minnesota Statute §626.8473 • Public Comment • Body-worn Camera Policy The Golden Valley Police Department is located in Hennepin County, Minnesota and employs thirty-four (34) peace officers. The Golden Valley Police Department utilizes WatchGuard Vista body-worn cameras and software and stores the BWC data on a server hosted at Local Government Information Systems (Logis). Audit Requirement: Data Classification Determine that the data collected by BWCs are appropriately classified. BWC data is presumptively private. All data collected by the Golden Valley Police Department during the time period March 1, 2018, through May 27, 2020, is classified as private or non- public data. The Golden Valley Police Department had no instances of the discharge of a firearm by a peace officer in the course of duty or use of force by a peace officer that resulted in substantial bodily harm. There were no instances of requests from data subjects for the data to be made accessible to the public or court orders directing the agency to release the BWC data to the public. No discrepancies noted. Audit Requirement: Retention of Data Determine that the data collected by BWC’s are appropriately retained and destroyed in accordance with statutes. The Golden Valley Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention periods in the WatchGuard software system. At the conclusion of a BWC recording, a WatchGuard category type is assigned. Each WatchGuard category type has an associated retention period. Upon reaching the retention date, data is systematically deleted. Active BWC data is accessible in the WatchGuard Evidence Library. Randomly selected videos from within the WatchGuard Evidence Library were verified against the scheduled deletion date, and each record was scheduled for deletion in accordance with the record retention schedule. Randomly selected videos from a server Purged Vista Events Report were verified against the record purge date, and each record was deleted in accordance with record retention. Records selected were from the time period March 1, 2018, through May 27, 2020. Deleted BWC video, meta data, and audit trails are not accessible in the WatchGuard Evidence Library. The Golden Valley Police Department has not received a request from a data subject to retain BWC data beyond the applicable retention period. Police sergeants monitor BWC data for proper categorization to ensure BWC data are appropriately retained and destroyed. No discrepancies noted. Audit Requirement: Access by Data Subjects Determine that individuals who are the subject of collected data have access to the data, and if the data subject requests a copy of the data, other individuals who do not consent to its release must be redacted. BWC data is available and access may be requested by submission of a Request for Information form. During the time period March 1, 2018, through May 27, 2020, the Golden Valley Police Department received one request to view and three requests for copies of BWC data from data subjects. Requests for access to, or copies of, BWC data are documented in the case file. Request for Information forms are maintained in the case file. No discrepancies noted. Audit Requirement: Inventory of Portable Recording System Technology Determine the total number of recording devices owned and maintained by the agency; a daily record of the total number of recording devices actually deployed and used by officers, the policies and procedures for use of portable recording systems by required by section 626.8473; and the total amount of recorded audio and video collected by the portable recording system and maintained by the agency, the agency’s retention schedule for the data, the agency’s procedures for destruction of the data, and that the data are available to the public. Golden Valley Police Department’s BWC inventory consists of forty-four (44) devices. Device inventory and officer device assignment is maintained in the WatchGuard Evidence Library and on an Excel spreadsheet. The Golden Valley Police Department has established and enforces a BWC policy that governs the use of portable recording systems by peace officers while in the performance of their duties. Peace officers are trained on the policy and use of portable recording systems and training is documented in the training file. A review of randomly selected dates from daily shift reports were verified against the Vista Events and Purged Events Reports and confirmed that officers are wearing and activating their BWCs. A comparison of total calls for service and total BWC videos shows BWCs are being consistently be used. A copy of the Golden Valley Police Department’s Policy on BWCs is posted on the City’s website. The total amount of active data is accessible in the WatchGuard Evidence Library. Total amount of deleted data is documented in the server Purged Vista Events Report. The Golden Valley Police Department utilizes the General Records Retention Schedule for Minnesota Cities and agency specified retention in WatchGuard. BWC video is fully deleted from the local file server upon the scheduled deletion date. Meta data and audit trail information are maintained on the server. BWC data is available upon request, and access may be requested by submission of Request for Information form. No discrepancies noted. Audit Requirement: Use of Agency-Issued Portable Recording Systems Determine if peace officers are only allowed to use portable recording systems issued and maintained by the officer’s agency. The Golden Valley Police Department’s BWC policy authorizes and requires the use of department-issued BWC’s and states that officers may use only department-issued BWC’s. No discrepancies noted. Audit Requirement: Authorization to Access Data Determine if the agency complies with sections 13.05, Subd. 5, and 13.055 in the operation of portable recording systems and in maintaining portable recording system data. Sergeants conduct reviews of BWC data to ensure metric accuracy and compliance with policy. User access to BWC data is managed by the assignment of group roles and permissions in WatchGuard. Permissions are based on staff work assignments. Agency personnel may access BWC data for legitimate law enforcement or data administration purposes and only when there is a business need for doing so. Agency personnel are prohibited from accessing BWC data for non-business reasons and from sharing the data for non-law-enforcement-related purposes. The agency’s BWC policy governs access to and sharing of data. Access to data is captured in the audit trail. When BWC data is deleted from WatchGuard, its contents cannot be determined. Neither the Golden Valley Police Department nor Logis has had a security breach. No discrepancies noted. Audit Requirement: Sharing Among Agencies Determine if non public BWC data is shared with other law enforcement agencies, government entities, or federal agencies. The Golden Valley Police Department’s BWC policy allows for the sharing of data with other law enforcement agencies for legitimate law enforcement purposes only, and for the sharing of data with prosecutors, courts and other criminal justice entities as provided by law. Sharing of data is documented in WatchGuard Cloud Share. Written requests are maintained in the case file. No discrepancies noted. Audit Requirement: Biennial Audit Determine if the agency maintains records showing the date and time the portable recording system data were collected, the applicable classification of the data, how the data are used, and whether data are destroyed as required. The WatchGuard Evidence Library and the server Purged Vista Event Report document the date and time portable recording system data was collected, the retention period of the data, and the audit trail associated to the data. The WatchGuard Cloud Share report, the audit trail, and a Case File Export Report document how the data are used and shared. No discrepancies noted. Audit Requirement: Portable Recording System Vendor Determine if portable recording system data stored in the cloud, is stored in accordance with security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. Golden Valley Police Department’s WatchGuard server is hosted at, and supported by, Logis. Data is backed up on a regular basis. Both the Golden Valley Police Department and Logis undergo BCA Security Audits. User access to WatchGuard is managed by the Golden Valley IT Supervisor. No discrepancies noted. Audit Requirement: Public Comment Determine if the law enforcement agency provided an opportunity for public comment before it purchased or implemented a portable recording system and if the governing body with jurisdiction over the budget of the law enforcement agency provided an opportunity for public comment at a regularly scheduled meeting. The Golden Valley Police Department solicited public comment prior to purchase and implementation of the body worn camera program. Public comment was solicited during an open house on December 7, 2017. The Golden Valley City Council held a public hearing at their December 19, 2017, meeting and approved the purchase of body worn cameras at their February 7, 2018, meeting. The body worn camera program was implemented March 1, 2018. No discrepancies noted. Audit Requirement: Body-worn Camera Policy Determine if a written policy governing the use of portable recording systems has been established and is enforced. The Golden Valley Police Department’s BWC policy is posted on the agency’s website. The policy was compared to the requirements of Minn. Stat. § 626.8473. The agency’s policy includes all minimum requirements of Minn. Stat. § 626.8473, Subd. 3. No discrepancies noted. This report was prepared exclusively for the City of Golden Valley and Golden Valley Police Department by Lynn Lembcke Consulting. The findings in this report are impartial and based on information and documentation provided and examined. Dated: July 2, 2020 Lynn Lembcke Consulting _____________________________________________ Lynn Lembcke Golden Valley City Council Meeting September 15, 2020 Agenda Item 3. E. Creation of Planning Taskforce for New Police Commission Prepared By Tim Cruikshank, City Manager Summary At its July Council/Manager meeting, the City Council directed staff to begin the process of studying how the City might replace the existing Civil Service Commission with a new Police Commission. As part of this process, the Council and staff agreed that staff should seek comprehensive community input to help determine the authority and function of the new commission. Staff proposes the City Council create a Task Force to help with the creation of the new Police Commission and proposes the following purpose, structure and recruiting process: Task Force Purpose The proposed purpose of the Task Force is: 1.To develop a recommendation regarding the name, membership composition, and duties of a new commission on policing; and 2.To draft a proposed mission statement and bylaws for the new Commission which defines its role. The work of the Task Force would be presented to the Council and the public for consideration. Task Force Purpose and Structure Staff proposes the task force consist of 13 members from the following groups: •Two members from the existing Police Civil Service Commission •One member of the Human Rights Commission, chosen by the HRC •One member of the Rising Tides Task Force, chosen by the Rising Tides Task Force •Two Golden Valley Police Officers, one appointed by each of the two existing police unions •One member of the Golden Valley Crime Prevention Fund, chosen by the members of the Crime Prevention Fund •One youth member who lives in the City of Golden Valley selected by the Council •One social service provider who serves the City of Golden Valley selected by the Council •One person who works or owns a business in the City of Golden Valley selected by the Council Executive Summary City Council Meeting City of Golden Valley September 15, 2020 2 •One individual, preferably a resident of Golden Valley, with knowledge or experience of the defense side of the criminal justice system selected by the City Council (for example, a criminal defendant or criminal defense attorney) •Two residents of Golden Valley selected by the City Council Staff proposes the Task Force meet twice per month beginning mid-November and aim to complete its work by May, 2021. Council would have the ability to end the Task Force early or extend its work. Staff also proposes that the current Civil Service Commission Council Liaison, Councilmember Rosenquist, serve as the Task Force Chair and that the Chief of Police serve as the staff liaison. Selection Process The Police Civil Service Commission, Human Rights Commission, Rising TIDES Task Force, Crime Prevention Fund, and Police Unions would choose which of their members to appoint to the Police Commission Task Force. The remaining seats would be appointed by the City Council using an open application process with the goal of recruiting a diverse group of citizens who represent a variety of backgrounds, opinions, and experiences. The City would use the following criteria to select members: •Demonstrated understanding of policing in Golden Valley. •Demonstrated expertise in law enforcement, public safety, or provision of social services. •Demonstrated commitment to relationship building between community and law enforcement. •One of the following lived experiences or identities: homelessness, mental health, substance abuse or arrest or conviction records, racial and ethnic diversity, member of the LGBTQIA+ community, religious affiliation, and non-citizen or naturalized citizen of the United States. •The Council will also consider the following additional lived experiences and identities with the goal of appointing a diverse task force: age, gender, geographic residence, disability, socioeconomic status, and work experience. Financial or Budget Considerations Staff time is required from several departments to develop and promote application materials, and to engage, recruit, and select Task Force members. Additionally, staff time will be required to support the work of the Task Force once it is constituted. Recommended Action Provide feedback to staff on proposed resolution establishing a Police Commission Task Force. Supporting Documents •Resolution #20-49 Establishing a Police Commission Task Force RESOLUTION NO. 20-49 RESOLUTION ESTABLISHING A POLICE COMMISSION TASK FORCE WHEREAS, the City Council of the City of Golden Valley directed staff to study replacing the City’s Police Civil Service Commission with a new commission related to policing in the City; and WHEREAS, the City Council and staff believe the process of creating a new commission will benefit from community input; and WHEREAS, the City Council believes this advisory group should be a Task Force; and WHEREAS, the City Council hereby desires to establish this Task Force and its mission, composition and responsibilities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that the Police Commission Task Force is hereby established with the following mission, responsibilities, membership composition, meeting, and reporting requirements. I.MISSION AND RESPONSIBILITIES The Task Force shall act as an advisory body to the City Council regarding the replacement of the existing Police Civil Service Commission with a new commission on policing. The Task Force shall develop: A.A recommendation regarding the name, membership composition, and duties of a new commission on policing. B.A proposed mission statement for the new Commission which defines its role. C.Proposed bylaws for the new commission. II.MEMBERSHIP The Task Force shall have a maximum of 13 members and shall consist of: A.Two members from the existing Police Civil Service Commission B.One member of the Human Rights Commission, chosen by the HRC C.One member of the Rising Tides Task Force, chosen by the Rising Tides Task Force D.Two Golden Valley Police Officers, one appointed by each of the two existing police unions E.One member of the Golden Valley Crime Prevention Fund, chosen by the members of the Crime Prevention Fund F.One youth member who lives in the City of Golden Valley selected by the Council G.One social service provider who serves the City of Golden Valley (i.e. individual or organization working in the field of mental health, youth advocacy, substance abuse or homelessness) selected by the Council H.One person who works or owns a business in the City of Golden Valley selected by the Council I.One individual, preferably a resident of Golden Valley, with knowledge or experience of the defense side of the criminal justice system selected by the City Council (for example, a criminal defendant or criminal defense attorney) J.Two residents of Golden Valley selected by the City Council If the City does not receive qualified applications from one of the above categories, the remaining spots may be filled with any resident of the City of Golden Valley. III.MEETINGS AND TIMEFRAME A.The Task Force shall meet monthly, typically twice per month, beginning the week of November 15, 2020. B.The Task Force shall automatically terminate on May 15, 2021, unless extended or earlier terminated by resolution of the Council. C.The Council Chair to the Task Force shall preside over all Task Force meetings. D.City Staff shall support the activities of the Task Force and provide it with requested information and advice. E.All meetings of the Task Force shall be open to the public and subject to the requirements of the Minnesota Open Meeting Law. IV.REPORTING A.The Task Force shall keep attendance and minutes at each meeting. B.All input gathered and recommendations shall be reported back to the Council for Staff and Council consideration. V.LIAISONS A.The Council Chair shall lead all Task Force meetings and shall be a non-voting member. The Council Chair to the Task Force shall be Gillian Rosenquist. B.The Staff liaison to the Task Force shall be the Chief of Police. Adopted by the City Council of the Golden Valley, Minnesota this 15th day of September, 2020. ___________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ ___________________________, City Clerk Golden Valley Council City Meeting September 15, 2020 Agenda Item 3. F. Consider Adopting Police Administrative Policies Prepared By Jason Sturgis, Chief of Police Summary The City regularly reviews policies to ensure compliance with state and federal laws, Minnesota POST Board and best practices. The police department presents its policies for council adoption. Changes to G.P. 1.28 Body work camera policy were made to reflect the discussion which took place on September 8, 2020. Police Policy Manual. If troubles with this link, access the policy manual through the city website in the GVPD window. Financial Or Budget Considerations Not applicable Supporting Documents •Police Policy Table of Contents SUMMARY OF POLICE POLICY MANUAL Each of the policies in the Police Policy Manual are structured with described purpose followed by procedures and protocols. CHAPTER 1: Patrol Operations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 1.01 Push Bumpers Allows officers to clear the roadway of a traffic hazard. Officers are expected to exercise good judgment to prevent damage and determine the necessity of pushing a vehicle. 1987 2014 G.P.1.02 Uniforms and Equipment Provides guidance and prescribes duty attire and method of procurement and replacement. At all times in uniform required to wear: firearm, one extra magazine of ammunition, handcuffs, taser, and department approved tool to deliver intermediate level of force. 1991 2004 2009 2014 2016 2018 G.P. 1.03 Reimbursement of Essential Non- Uniform Items If employee experiences damage or loss of the employee’s own essential items (glasses, contact lenses, watches or knives), the City will reimburse up to $500 per incident. 1988 2009 G.P. 1.04 Traffic Safety Vest/Rain Gear Officers must wear a traffic vest or florescent rain coat while conducting traffic control. 1987 2009 G.P. 1.05 Impounded Motor Vehicle Purpose to establish policy for when to impound a vehicle, the process for impound, and process for release. 1987 2009 City Code § § 26-52 to 26-75 G.P. 1.06 Junk Car Enforcement Policy enforcing City ordinance. 1988 2009 City Code § § 26-52 to 26-75 G.P. 1.07 Voiding Traffic Citations Procedure for officers to void a citation, typically for reason of duplicate violation on same day; or ticket writer malfunction, or false information recorded. 1987 2014 G.P. 1.08 Radar Usage Policy Provides universal guidelines for use, maintenance and calibration of speed measuring devices used by the GVPD. 2003 2014 G.P. 1.09 School Bus Stop Arm Violations To outline a procedure for investigation of school bus stop arm violations. 1992 2009 Minn. Stat. § 169.444 SUMMARY OF POLICE POLICY MANUAL CHAPTER 1: Patrol Operations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 1.10 Snow Emergency Parking Violations To minimize snow removal costs for the City while insuring reasonable treatment of citizens. To standardize enforcement and towing actions of officers. To reduce public safety hazards associated with “snowbirds”. To economize the use of enforcement resources. 1987 2005 2009 City Code § 9.07 G.P. 1.11 Criminal Conduct on School Buses Our department promotes cooperation with the schools, parents, and transportation providers in adopting a written policy for responding to criminal incidents on school buses as required by Minnesota statutes and to help ensure the safe transportation of students to and from school. 1995 Minn. Stat. § 169.4581 G.P. 1.12 Procedures When Leaving the Squad This policy is intended to ensure that patrol officers out of their cars remain in contact with dispatch and other officers. 1987 2009 G.P. 1.13 Roll Call Establishes guidelines for roll call, car assignments, and pre-shift squad inspections. 1987 2009 G.P. 1.14 Police Officer Operation of Department To outline department policy for operation of law enforcement vehicles without lights. 1991 2009 Minn. Stat. § 169.541 G.P. 1.15 Warrant Checks and Arrests Precautions must be taken when restricting the freedom of movement of a subject under his/her control. This is particularly true when warrant information dictates an on-scene arrest. The purpose of this policy is to reduce the likelihood of assault on officers. 1987 2009 G.P. 1.16 Mutual Aid Requests and Responses To assist Departments by allowing resources of one police agency to be utilized by another police agency in circumstances that call for additional resources. 1987 G.P. 1.17 Detaining Suspects Wanted by Other Police Agencies Policy for requests by other agencies to stop individuals based on probable cause of other agency. 1987 SUMMARY OF POLICE POLICY MANUAL CHAPTER 1: Patrol Operations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 1.18 Motor Vehicle Pursuit Policy Establish roles and responsibilities of officers, dispatchers and supervisors involved in a motor vehicle pursuit. 2000 2008 2019 Minn. Stat. § 626.8458, subd. 2 Minn. Admin. R. 6700.2700 to 6700.2704 G.P. 1.19 Emergency Operation of Police Vehicle *Overview of emergency vehicle operation procedures, including intersections, speed limitations, etc. 1988 G.P. 1.20 Fire Scene Responsibilities On duty response will dictate in most instances that the police arrive first on the scene. The primary responsibility is life- saving, first aid and protection of property until relieved by the Fire Department. 1987 2008 G.P. 1.21 Response to Reports of Missing Children and Endangered Persons There is a critical need for immediate and consistent response to reports of missing and endangered children. Initial Response, Initial Investigation, Investigation, Prolonged Investigation, Recovery/Case Closure. 1995 2014 Minn. Stat. § § 299C.51 to 299C.5655; 390.258 626.8454 G.P. 1.22 Use of Handcuffs and Transportation of Prisoners For the safety of the prisoner and to reduce the possibility of a prisoner escaping. For the safety of the police officer. 1987 1999 2009 2014 G.P. 1.23 Booking and Detention Policy To establish rules and regulations in accordance with applicable State Laws and Department of Corrections rules regarding the booking and confinement of prisoners. The Golden Valley Police Department holding facility shall be a Class III facility used to confine prisoners for no more than 16 hours. 1995 1999 2002 2005 2009 2011 2014 2016 2017 G.P. 1.24 Debriefing Sessions Felony Arrests and Unusual Misdemeanor Arrests The purpose of the debriefing session is not to second guess Officer’s decisions. It is an opportunity for all of us to learn from our accomplishments and mistakes. Hopefully a constructive examination of our procedures will lead us to improve performance when we are involved in future felony arrests and unusual misdemeanor arrests. 1987 2014 G.P. 1.25 Completion of Daily Patrol Log and Squad Check To outline guidelines for completion of officer daily patrol logs and for officers conducting their squad check prior to beginning patrol. 1997 2014 SUMMARY OF POLICE POLICY MANUAL CHAPTER 1: Patrol Operations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 1.26 Traffic Accident Investigation Establishes responsibilities for investigation of traffic accidents. 2001 2009 2014 G.P. 1.27 Use of Digital Audio/Video Recording Equipment in Police Vehicles & Booking/ Interview The purpose of this policy is to establish guidelines and procedures for the installation, operation, and use of police vehicle installed digital audio/video recording (DVR) equipment and to establish a retention schedule and classification of DVR evidence. The primary use of DVR equipment in police vehicles is for the collection of evidence to be used in the prosecution of those who violate the law and provide objective evidence of police and subject actions during police operations. The DVR system may also be used as a training tool for officer safety and best practices in the Golden Valley Police Department. DVR equipment will be installed within the trunk of the patrol vehicles in accordance with the manufacturer’s recommendations and will be installed so as to not present a safety hazard Operators will ensure that the camera’s view is not restricted. 2008 2013 2014 2019 G.P. 1.28 Body Worn Camera Policy The primary purpose of using body-worn- cameras (BWCs) is to capture evidence arising from police-citizen encounters. This policy sets forth guidelines governing the use of BWCs and administering the data that is generated. Compliance with these guidelines is mandatory, but it is recognized that officers must also attend to other primary duties and the safety of all concerned, sometimes in circumstances that are tense, uncertain, and rapidly evolving. 2018 2019 Minn. Stat. § 13.825 G.P. 1.29 Wintertime Callout Procedures Details the procedures followed by the Street Division and the Police Department during the snow season. 1993 2008 2014 SUMMARY OF POLICE POLICY MANUAL CHAPTER 1: Patrol Operations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 1.30 Juvenile Contacts Establish guidelines for the following offenses: Juvenile Warnings, traffic citations, status offenses, arrests. 1994 1996 2008 2014 G.P. 1.31 Public Safety to Wirth Park MOU between Minneapolis PD, Golden Valley Public Safety (PD&FD), Minneapolis Fire, Minneapolis Park and Recreation Board PD. The MOU includes: o Responsibilities for service; o Investigation guidelines; and o Enforcement. 1997 G.P. 1.32 Smoke-Free Environment Ordinance Enforcement Procedures The ordinance places the burden of maintaining a smoke-free environment on the proprietor or other person in charge of the premise. 2005 City Code § 10- 67 G.P. 1.33 Automatic License Plate Reader This procedure shall be applicable to the squad(s) equipped with the Automatic License Plate Reader (ALPR) system and is intended to provide guidance on the use of the ALPR and the data collected by this system. The ALPR is a computer based system that uses cameras to capture license plate numbers and run those numbers through the computer’s database to look for wanted vehicles. The database is routinely updated from the Minnesota BCA. In additional to the procedures below, this policy incorporates the requirements of Minn. Stat. § 13.824. 2014 2015 2016 2017 Minn. Stat. § 13.824 G.P. 1.34 Unmanned Arial Systems To establish guidelines for the use of Unmanned Arial Systems (UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS. 2019 2020 Minn. Stat. § 626.19 SUMMARY OF POLICE POLICY MANUAL CHAPTER 2: Investigations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 2.01 Impounded Property To establish guidelines and procedure for property seized has evidence, found, or turned into the department, to ensure proper chain of custody. 1987 2009 2011 2014 2018 G.P. 2.02 Fire Investigation To provide immediate and ongoing technically current investigation of fires which occur within the City of Golden Valley. To provide investigative cooperation and teamwork between Fire and Police personnel. To assign responsibility for the various aspects of fire related investigations, particularly in arson situations. 1982 2009 2014 G.P. 2.03 Fire Rescue Squad Operations To establish guidelines and procedures for requesting and working with fire rescue squad. 1987 2008 G.P. 2.04 Child Abuse and Neglect To establish guidelines and procedure for working with Child Protection; reporting suspected abuse/neglect, and notification protocols if children are taken into protective custody. 1987 2014 Minn. Stat. § 626.556 G.P. 2.05 Auto Theft Investigations To establish guidelines and procedures for investigating auto thefts, a part 1 crime. 1987 2009 2014 G.P. 2.06 Investigation of Worthless Checks To establish guidelines and procedures for investigating worthless check cases. Also, outlines requirements for businesses. 1994 2004 G.P. 2.07 Evidence Photos To establish guidelines and procedures for processing of evidence photos and accompanying lab reports. 1987 2009 2014 G.P. 2.08 Reporting and Investigation of Gas Drive-Offs To establish guidelines and procedures for investigating gasoline drive-offs. 1999 2002 G.P. 2.09 Response to Crimes Motivated by Bias/Hate To establish guidelines and responsibilities for the reporting of violations of Minnesota State Statutes, Chapter 609 or criminal violations of local ordinances if the officer has reason to believe, or if the victim alleges, that the offender was motivated to commit the act by the victim’s race, religion, national origin, sex, age, disability, or characteristics identified as sexual orientation. 2008 Minn. Stat. § § 626.8451; 626.5531 SUMMARY OF POLICE POLICY MANUAL CHAPTER 2: Investigations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 2.10 Prohibited Possession of Firearms-DV & Restraining Order To establish guidelines and procedures to officers on proper enforcement of laws that prohibits certain persons subject to domestic violence restraining orders from possessing weapons and requiring persons convicted of domestic violence offenses to surrender their firearms while they are prohibited from possessing firearms. 2015 Minn. Stat. § § 260C.201; 518B.01; 609.2242; 609.749; 624.713 G.P. 2.11 Sexual Assault Investigations To provide employees with guidelines for responding to reports of sexual assault. To afford maximum protection and support to victims of sexual assault or abuse through a coordinated program of law enforcement and available victim services with an emphasis on a victim centered approach; To reaffirm peace officers' authority and responsibility to conducting thorough preliminary and follow up investigations and to make arrest decisions in accordance with established probable cause standards; To increase the opportunity for prosecution and victim services. 2019 Minn. Stat. § 626.8442 SUMMARY OF POLICE POLICY MANUAL CHAPTER 4: Administrative Policies POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 4.02 Use of City Vehicles City vehicles are not considered as personal vehicles for the exclusive use of an employee but rather as a means of meeting departmental or functional transportation needs. City has an obligation to furnish transportation where necessary on City business or to reimburse the employee by mileage payment or car allowance where the employee uses their own vehicle for City business. 1987 2009 2014 G.P. 4.03 Accidents Involving Department Vehicles Policy to establish a uniform procedure for reporting departmental vehicle accidents. 1987 G.P. 4.04 Use of Police Range Establishes procedures controlling the use of the GVPD firing range by non-sworn personnel. 1993 2014 2017 G.P. 4.05 Injured on Duty Claims Standardized procedure to expeditiously report and process injured on duty claims. 1988 2009 G.P 4.06 Police Officer Duties and Powers Clarify police officer powers and duties according to Minnesota laws. 1987 2009 Minn. Stat. § 626.845 G.P. 4.07 Drug and Alcohol Testing Describes the procedures in regard to drug and alcohol testing for employees and job applicants. This includes: o Employee consent to testing, o Procedure for testing, and o Actions post testing. 1990 G.P. 4.08 Special Assignment Selection Process Standardized process of selecting officers for specialty assignments to ensure the most qualified person is chosen. 1994 2014 G.P. 4.09 Bloodborne Pathogen Exposure Develop a plan to be in compliance with OSHA’s Bloodborne Pathogen Standards. Standard Personal Protective Equipment. Training to develop exposure determinations & methods of compliance. 1992 2004 2008 2014 G.P. 4.10 Managing Personnel Files Outlines procedure for maintaining consistent and accurate files for all employees. 1994 Minn. Stat. § MN 181.96 G.P. 4.11 Purchasing Policy To ensure State Laws, City Ordinances, and City Policies are adhered to in the expenditure of funds. 1988 SUMMARY OF POLICE POLICY MANUAL CHAPTER 4: Administrative Policies POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 4.12 Referral of Formal Complaints to City Attorney The purpose of this order is to establish departmental procedures for the direct referral of complaints to the City Attorney’s Office. 1987 G.P. 4.13 Animal Impound/Release Procedure for impounding and releasing animals found at large, or deceased. Establishes monitoring/cleaning duties of the Impound facility for CSOs. 1992 2009 City Code § 6- 24 G.P. 4.14 Officer in Charge Assignment Policy outlining duties and responsibilities of the officer who is assigned as the officer in charge (OIC) of a patrol shift. 2000 2009 G.P. 4.15 Public Safety Department Fitness Facility To provide guidelines for the use of the fitness room in the lower level of the Public Safety Building for employees of the police and fire departments. 2007 G.P. 4.16 Property Seized for Administrative Forfeiture Establish guidance for all officers, City employees, and task force officers to follow state and federal law pertaining to property seized for forfeiture. 2007 Minn. Stat. § 609.531 G.P. 4.17 Classroom Discrimination Establishes procedures for investigating allegations of discrimination occurring during departmental training. 2018 SUMMARY OF POLICE POLICY MANUAL CHAPTER 5: Tactical Operations POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 5.01 Bombs/Bomb Threats To provide guidance and best practices for response to a bomb threat or a suspected explosive device. 1987 2009 2014 G.P. 5.02 Hostage Situations To provide guidance on patrol level response to hostage situations. The highest priority is the safety of the hostage; capture of the suspect is secondary. 1987 2009 G.P. 5.03 High Risk Arrest and Search Warrant Procedure Provides criteria for evaluating the risk level of planned warrants and arrests. Those determined to be high risk due to a high likelihood/history of violence by subjects likely to be present will be carried out by SWAT. 1988 2008 2014 G.P. 5.04 S.W.A.T. Team Rules and guidelines for SWAT Team deployment, as well as team training, and team member selection. 1987 2008 G.P. 5.05 NFDD Deployment Requirements and guidelines for the use of Noise Flash Diversionary Devices (flashbangs). 1991 2008 SUMMARY OF POLICE POLICY MANUAL CHAPTER 6: Community Services POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 6.02 Ridealong Program Guidelines for approving ridealongs. 1987 G.P. 6.03 Permit to Carry a Handgun / Transferee Permit / Reports of Transfer The State Legislature has assigned by law the duty of investigation and decision on issuance of handgun permits to the Chief Law Enforcement Officer or County Sheriff. 1994 1999 2003 2014 Minn. Stat. § 624.714 G.P. 6.04 Alcoholic Beverages – Licensing & Regulations To establish consistent investigation procedures and to identify responsibility for the processing of liquor license applications. To establish consistent procedures for the investigation and disposition of violations of state and local laws occurring on the premises of the liquor licensees. 1988 2000 G.P. 6.05 Block Parties and Street Closings Establishes procedure for individuals requesting the closure of a city street for block parties or other gatherings to ensure resident safety and conformance with City Code. 1987 G.P. 6.06 Permit to Use Explosives To comply with Minn. Stat. § 299F.74 “Permit Required” and § 299F.75 “Permit Application.” 1987 2008 Minn. Stat. § § 229F.74; 299F.75 G.P. 6.07 Labor Management Disputes Negotiation and collective bargaining are legally recognized methods of settling labor disputes. In such disputes, it is not the function of the Department to deal with the issues involved; rather, it is the role of the Department to protect rights by enforcing the law and by maintaining order. 1987 G.P. 6.08 Tornado and Severe Weather Outlines actions for officers to take in preparation of a severe weather event. Defines shelter areas within the Public Safety Building. 1992 2009 G.P 6.09 Procedure for Disconnecting Malfunctioning Outdoor Warning Sirens Protocol for the unusual circumstance that the warning siren activates due to electronic or mechanical malfunction. 1988 2009 SUMMARY OF POLICE POLICY MANUAL CHAPTER 6: Community Services POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 6.10 Domestic Abuse Response and Arrest To protect victims of domestic abuse. Make arrests when authorized. Ensure officers understand laws governing domestic abuse. Ensure officers are aware of resources and are able to provide information on resources to domestic abuse victims. 2004 2009 2011 2014 2014 Minn. Stat. § 629.342 G.P. 6.11 Predatory Offender Registration and Community Notification Our agency will disseminate information based on the risk level assigned by the department of corrections & MN State Statute. 1997 2011 Minn. Stat. § § 243.166; 243.167 SUMMARY OF POLICE POLICY MANUAL CHAPTER 7: Records & Data Management POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 7.02 CJDN (and Related Systems) Information To establish who has access to the system's information. Information on inquiry retention and audit. Misuse of the CJDN 1987 2009 MN BCA G.P. 7.03 Motor Vehicle Registration and Driver’s License Information to Public To establish policy and procedures for disseminating motor vehicle registration and driver’s license information to the public. 1987 2009 MN Dept. of Public Safety G.P. 7.04 Managing Hot Files To establish a procedure for the accurate and timely entry of missing persons and stolen property into the Minnesota Criminal Justice Information System (CJIS) and National Crime Information Center (NCIC). To establish a procedure for the on-going accuracy and completeness of entries into CJIS and NCIC. 1993 2009 NCIC Operating Manual G.P. 7.05 2-Finger Rapid Identification Use Policy To establish guidelines for the use of 2- Finger Rapid Identification (2-FRI) devices used to capture fingerprints to access the State’s 2-Finger Rapid Identification System. 2005 MN Department of Public Safety G.P. 7.06 Missing Person To establish procedure for entering missing persons into the NCIC system. 2011 Minn. Stat. § § 299C.51 to 299C.5655; 390.25; 626.8454 G.P. 7.07 Hit Confirmation Policy • A Hit is a positive response from MNJIS and/or NCIC in which the person or property inquired about appears to match the person or property contained in the response. Queried subject appears to match the record subject. • NCIC policy requires an agency receiving a hit on another agency’s MNJIS/NCIC record to contact the entering agency to confirm that the record is accurate and up to date. 2011 G.P. 7.08 Validation Policy Establishes procedure for validating hot file records entered into NCIC to ensure records are accurate and current, and removal of records that are no longer valid. 2011 NCIC Operating Manual Sec 3.4 SUMMARY OF POLICE POLICY MANUAL CHAPTER 7: Records & Data Management POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 7.09 Supporting Documentation for Identity Theft To establish procedure for making an identity theft Entry into NCIC, including required documents. 2011 G.P. 7.10 Supporting Documentation for Property Hot File Records Required documentation for entering a stolen or felony vehicle into MNJIS/NCIC. Required documentation for entering stolen guns, articles, boats and securities into MNJIS/NCIC. 2011 G.P. 7.11 Comprehensive Incident Based Reporting System • The purpose of the CIBRS policy is to comply with MSS 299C.40 as well as rules and policies prescribed by the Minnesota Department of Public Safety, Bureau of Criminal Apprehensions, regarding the access and the use of the CIBRS database system. 2014 Minn. Stat. § 299C.40 SUMMARY OF POLICE POLICY MANUAL CHAPTER 8: Department Standards POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 8.02 Off Duty Employment The intent of this police is to establish procedures and guidelines that regulate the off duty employment of department personnel by outside employers. Off duty employment is defined as work done by police department employees for others for money. 1987 2000 G.P. 8.03 Field Training Program Procedures and duties of the field training program. Including: o Selection of training officers, and o Training manual. 1988 2009 G.P. 8.04 Officer Performance Evaluation System A standard procedure for providing officers with an assessment of individual job performance. 2006 2014 G.P. 8.05 Department Awards Establish procedures for recommendation, selection, and level of awards. Definition of awards. 1997 2005 2016 2017 G.P. 8.06 Court Appearance Notification The intent of this policy is to fix responsibility for communication of court appearance notification or subpoenas. The staff member receiving the notices has an obligation to notify the individual to whom such notification is directed. The officer or employee, to whom notification is directed, is responsible for checking all the various sources of this communication and providing a contact number for notification by an attorney’s office. 1995 2009 2014 G.P. 8.07 Complaints Against Employees Departmental procedures for the initiation of, and investigation into allegations of misconduct against a member(s) of the GVPD. 1987 G.P. 8.08 Insurance Interviews Policy establishing a consistent procedure for insurance interviews. 1988 2018 G.P. 8.09 Use of Force and Firearms Policy Governs the use of force by GVPD officers, in accordance with appropriate statute and case law. Provides equipment requirements for intermediate weapons and firearms. Use of force training and recordkeeping requirements. 1992 2005 2014 2016 2020 Minn. Stat. § § 626.8452; 609.06; 609.065; 609.066; 629.32; 629.33 SUMMARY OF POLICE POLICY MANUAL CHAPTER 8: Department Standards POLICY NO. POLICY TITLE SYNOPSIS DATE AUTHORITY G.P. 8.10 Exemptions for No Parking Sign Enforcement Procedure for requests to temporarily suspend enforcement of certain “No Parking” signs within the City. 1987 G.P. 8.11 Less Lethal Extended Range Impact Devices Governs the use of, and training with, less- lethal projectiles. 2000 2008 Minn. Stat. § 609.066; 629.33 G.P. 8.12 Critical Incident Protocol Supervisor guidelines for critical incident scenes. Officer guidelines for critical incident scenes. Administrative leave for critical incidents. 2001 G.P. 8.13 Impartial Policing Policy Reaffirm the department’s commitment to impartial and unbiased policing. Reinforce to the public that our enforcement and procedures are applied in a fair and equitable manner to all. 2001 2008 2017 Minn. Stat. § 626.8471, subd. 4 G.P 8.14 Personal Grooming Policy The purpose of this policy is to establish personal grooming standards for department employees so that they present a competent, professional, well-groomed appearance as a department representative. 2005 G.P. 8.15 Body Armor Outlines requirements for consistent use of soft body armor to maximize officer safety. Uniformed personnel shall wear body armor while performing field duties. Non-uniformed personnel shall wear body armor while serving warrants. 2011 Golden Valley Council Meeting September 15, 2020 Agenda Item 3. G. Approval of Golden Valley Fire Relief Association By-Law Pension Amount Prepared By Sue Virnig, Finance Director John Crelly, Fire Chief Summary In 2018, staff worked with the Golden Valley Fire Relief Association (GVFRA) to update their policies and by-laws on increases to their yearly pension levels to include the following: •Set their internal policies so that the funding level (assets over liabilities) on their current SC form has to be at least 120%. This means an increase will only be eligible for consideration if assets exceed liabilities by 120% and after an increase is applied to the assets to liabilities ratio cannot be less than 120%. This percentage allows less volatility with the markets and less likely for a municipal contribution (levy) when an increase is approved to the yearly pension. •Change timing to review in March instead of December/January with their members. This would allow the audit to be completed and the use of actual numbers instead of estimates for the funding level. In 2019, the 2018 audit fieldwork was complete in May. •All requests for increases will be approved by Council before an increase is effective. If the benefit is increased without ratification and a municipal contribution should subsequently become required, the benefit level is no longer effective without ratification and any future benefits can only be paid using the ratified benefit level (the relief association must drop its benefit level to the last ratified level). Staff met with the GVFRA on September 2, 2020 to discuss the pension increase to $9,200. The increase would lower the ratio to 123% and met the criteria above. The amount was approved by the GVFRA contingent on the approval of the City Council. If the City Council approves this resolution, the GVFRA will vote on the change to their by-laws in October. City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 2 Financial Or Budget Considerations The current liability meets the funding level of at least 120% (assets over liabilities) on their current 2019-SC form and the 2019 audit has been filed. Recommended Action Motion to adopt Resolution 20-XX Approving Golden Valley Fire Relief Association By-Law Article XI Increasing the Service Pension from $8,700 to $9,200. Supporting Documents • Resolution 20-50 Approving Golden Valley Fire Relief Association By-Law Article XI Increasing the Service Pension from $8,700 to $9,200. Resolution 20-50 September 15, 2020 RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAW ARTICLE XI INCREASING SERVICE PENSION AMOUNT WHEREAS, the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS, an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by- laws; and WHEREAS, the City of Golden Valley may be required to approve a relief association’s pension benefit level, and also may be required to make contributions to fund relief association pension benefits; and WHEREAS, the Article XI relates to a sections of the by-laws; and WHEREAS, the Annual Service Pension amount approved shown in Exhibit A; and WHEREAS, the Fire Relief added to their policies that the benefit increases will be pursued under the following guidelines: using the State current year Schedule Form (SC) that show projected assets and accrued liabilities must be at a funding ration of at least 120% and the amount will not have triggered a municipal contribution on the current year SC form. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Approve the Annual Service Pension in Article XI from $8,700 to $9,200. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Sue Virnig, Deputy City Clerk Resolution 20-50 - Continued September 15, 2020 EXHIBIT A ARTICLE XI Section I: a. Amount of Benefit - Each applicant shall be eligible for a service pension of $8,700 ($9,200) per full year of active service as a firefighter with the fire department. b. Early Vesting Provision - In the event a member with ten years or more, but less than twenty years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by four (4) percent per year for each year less than 20. The following table shall be used to determine the pension amount, less any accrued interest: Completed Years of Service Early Vesting Reduction Pension Amount 10 40% $ 52,200 $ 55,200 11 36% $ 61,248 $ 64,768 12 32% $ 70,992 $ 75,072 13 28% $ 81,432 $ 86,112 14 24% $ 92,568 $ 97,888 15 20% $ 104,400 $ 110,400 16 16% $116,928 $ 123,648 17 12% $130,152 $ 137,632 18 8% $144,072 $ 152,352 19 4% $158,688 $ 167,808 20 none $174,000 $ 184,000 More than 20 none Add $8,700 $9,200 per year Golden Valley City Council Meeting September 15, 2020 Agenda Item 3. H. Set Date for Proposed Property Tax Levy Payable 2021 and 2021-22 Budget Prepared By Sue Virnig, Finance Director Summary Staff recommends that the City Council set Tuesday, December 1, 2020 at 6:30 p.m. for the budget and levy public hearing. M.S.275.065 now requires that the City adopt a proposed budget and levy and certify the proposed budget and levy to the county auditor by September 30. The county auditor will use this information to prepare and send parcel specific notices between November 10 and November 24. The meeting date and time need to be announced at the time of the adoption of the preliminary levy and budget. Financial Or Budget Considerations None Recommended Action Motion to set the date of the Truth-in-Taxation (Proposed Property Tax) public hearing for Tuesday, December 1, 2020 at 6:30 pm. Supporting Documents •None Golden Valley Council Meeting September 15, 2020 Agenda Item 4. A. Public Hearing to Approve Resolution Providing for Issuance of Revenue Bonds by the Colorado Health Facilities Authority (Covenant Retirement Communities) Prepared By Sue Virnig, Finance Director Summary Covenant Living Communities (k/n/a Covenant Retirement Communities, Inc) requested that the City of Golden Valley hold a public hearing on September 15, 2020 to approve Resolution 20-XX Issuance of Revenue By the Colorado Health Facilities Authority for Covenant Living and Services (F/N/A Covenant Retirement Communities, Inc.) and Authorizing the Execution of Certain Documents in Connection Therewith. The City is required by the IRS Code and by Minnesota Statutes Chapter to hold a hearing for the issuance of these bonds. The City has no liability with the issuance of these bonds but only need to approve because they are issuance of tax exempt bonds. Latrice Baptiste, attorney from Chapman and Cutler LLP representing Covenant Living Communities will be in attendance. The public hearing notice appeared in the SunPost on August 27, 2020. Covenant Living Communities (Covenant Retirement Communities) will pay for all costs related to the public hearing notice and a fee of $500 for Host City approval. Financial Or Budget Considerations The City has no financial impact from this transaction. Recommended Action Motion to adopt Resolution 20-51 Providing for Issuance of Revenue Bonds by the Colorado Health Facilities Authority (2 pages). Supporting Documents •Resolution 20-51 Providing for Issuance of Revenue Bonds by the Colorado Health Facilities Authority For Covenant Living Communities and Services (F/K/A Covenant Retirement Communities, Inc.) Authorizing the Execution of Certain Documents in Connection Therewith (2 pages) RESOLUTION NO. 20-51 PROVIDING FOR ISSUANCE OF REVENUE BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY FOR COVENANT LIVING COMMUNITIES AND SERVICES (F/K/A COVENANT RETIREMENT COMMUNITIES, INC.) AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH WHEREAS, Covenant Living Communities and Services (f/k/a Covenant Retirement Communities, Inc.), an Illinois not for profit corporation (the “Corporation”), has requested that the Colorado Health Facilities Authority (“Authority”) issue one or more series of revenue bonds under Colorado Revised Statutes, Title 25, Article 25, as amended, and Title 11, Article 57, Part 2, as amended, in a principal amount not to exceed $90,000,000 (the “Bonds”); and WHEREAS, the Corporation intends to use the proceeds from the sale of the proposed Bonds to finance projects located in the States of California, Colorado, Florida, Illinois and Minnesota; and WHEREAS, a portion of the Bonds, together with certain other moneys, will be issued to: (i) refund a portion of the Colorado Health Facilities Authority Revenue and Refunding Bonds, Series 2012A (Covenant Retirement Communities, Inc.) (the “Series 2012A Bonds”), all of which are currently outstanding; (ii) in a principal amount not exceeding $2,000,000, pay or reimburse the Corporation and/or CV Minnesota for the costs of constructing, renovating, remodeling and/or equipping certain facilities of the Corporation and/or CV Minnesota located in the City; (iii) fund a debt service reserve fund, if deemed necessary or desirable by the Authority and/or the Corporation; (iv) pay a portion of the interest on the Bonds, if deemed necessary or desirable by the Authority and/or the Corporation; (v) provide working capital, if deemed necessary or desirable by the Authority and/or the Corporation; and (vi) pay certain expenses incurred in connection with the issuance of the Bonds and the refunding of a portion of the Series 2012A Bonds (collectively, the “Financing Purposes”); and WHEREAS, the aggregate face amount of the Bonds will not exceed $90,000,000; and WHEREAS, the Corporation requests that the City of Golden Valley, Minnesota (the “City”) consent to the proposed issuance of the Bonds by the Authority; and WHEREAS, the City conducted a public hearing on September 15, 2020, in accordance with Section 147(f) of the Internal Revenue Code of 1986, on the proposed issuance of such portion of the Bonds that will be used to finance, reimburse and refinance the Financing Purposes; and BE IT FURTHER RESOLVED,: 1.The issuance of the Bonds by the Authority in an amount not to exceed $90,000,000, is hereby approved, for purposes of Section 147(f) of the Internal Revenue Code of 1986. 2.The Mayor and City Clerk (each, an “Authorized Officer”) of the City are hereby authorized and directed to do all such acts and things and to execute or accept all such documents as may be necessary to carry out and comply with the provisions of these resolutions, and all of the acts and doings of the Authorized Officers of the City which are in conformity with the intent and purposes of these resolutions and within the parameters set forth herein, whether heretofore or hereafter taken or done, shall be and are hereby authorized, ratified, confirmed and approved. 3.The Bonds shall not be deemed to constitute a debt or liability of the City or the State of Minnesota or any political subdivision thereof, or a pledge of the faith and credit of the City or the State of Minnesota or any political subdivision thereof, and neither the City, the State of Minnesota nor any political subdivision thereof will be liable on the Bonds. The Bonds will not be issued by the City, nor will the City have any liability with respect to the Bonds. __________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Sue Virnig, Deputy City Clerk Golden Valley City Council Meeting September 15, 2020 Agenda Item 4. B. Public Hearing – Amendments to the Zoning Map – Rezoning Properties to Achieve Conformance with the 2040 Comprehensive Plan Prepared By Jason Zimmerman, Planning Manager Summary Staff is requesting that 35 properties north of Olson Memorial Highway and west of Douglas Drive be rezoned in order to come into conformance with the Future Land Use Map in the 2040 Comprehensive Plan. The Planning Commission recommended approval of these map amendments (6-0) at its meeting on August 24. Consideration of rezoning five other properties in two separate locations was tabled for further discussion later in the year. Background State statute requires that all zoning designations be updated to be consistent with the land uses identified in the Comprehensive Plan within nine months of adoption. The I-394 Corridor mixed use properties were the first to be rezoned in February of 2020, followed by properties south of Olson Memorial Highway in July/August and in the northeastern portion of the city in early September. The 35 properties now under consideration are the last group to be rezoned. A few properties requiring additional investigation and discussion remain to be addressed in the later part of the year. Below is a summary of the process that was followed to approve and adopt the 2040 Comprehensive Plan: Meeting Date Action November 13, 2018 Planning Commission reviewed the final draft of the City’s proposed 2040 Comprehensive Plan and unanimously recommended it be approved December 4, 2018 City Council held a public hearing and voted to approve the plan January 2, 2019 City Council directed staff to submit the plan to the Metropolitan Council for final review City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 2 January 22, 2020 Metropolitan Council approved Golden Valley’s plan February 4, 2020 City Council adopted the 2040 Comprehensive Plan and approved the rezoning of the I-394 Mixed Use properties August 4, 2020 City Council approved the rezoning of properties south of Olson Memorial Highway September 1, 2020 City Council approved the rezoning of properties north of Olson Memorial Highway and east of Douglas Drive Analysis The 35 properties north of Olson Memorial Highway and west of Douglas Drive that are under consideration for rezoning represent nine different areas. Seven of the areas to be rezoned are simply aligning the zoning designations with the uses that are already established. Two of the areas are actively directing future changes in use based on the vision of the Future Land Use Map in the 2040 Comprehensive Plan. Seven specific locations, containing nine parcels, are currently within a Planned Unit Development (PUD). In these locations, the requirements of the PUD trump those of the underlying zoning district so no impacts are anticipated even though the zoning designation will be modified. One location is currently being considered for a new mixed use development. While no permit applications have been submitted to the City, the developer is aware of the pending rezoning and the project is dependent on this change taking place in order to move forward. More detailed descriptions of these properties and their current uses are listed below: City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 3 Address Current Zoning Proposed Zoning Group 1 Two properties in the Sandberg industrial area have been guided for Light Industrial use since the adoption of the 2020 Comprehensive Plan in 2000. They have uses that are consistent with those listed in the Light Industrial section of the zoning chapter. This proposed change would update the Zoning Map to reflect the existing conditions. 7105 Medicine Lake Road Industrial Light Industrial 6960 Madison Ave W Industrial/Light Industrial Light Industrial City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 4 Address Current Zoning Proposed Zoning Group 2 Four homes were removed by the City in the past few years to provide flood storage and mitigation in an area that suffered repeated flooding. This area will remain open space and the zoning is proposed to be changed to reflect the movement away from residential use. 1601 Independence Ave N R-1 Institutional (I-4) 1605 Independence Ave N R-1 Institutional (I-4) 9450 Olympia St R-1 Institutional (I-4) 1604 Mendelssohn Ave N R-1 Institutional (I-4) City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 5 Address Current Zoning Proposed Zoning Group 3 Originally, four properties were listed as targets for rezoning in this area – three owned by General Mills and one owned by the City. The City-owned property is a part of PUD 98 and is protected open space (the Golden Ridge Nature Area). The proposed rezoning from Single-Family Residential (R-1) to Institutional (I-4) would better represent the current and future use. There is also a misalignment on the General Mills James Ford Bell site between the Light Industrial designation on the land use map and the Industrial zoning that is in place. Further adding to the layers of regulation is a PUD Permit that dictates the uses that are allowed. While the City maintains trails for public use through the site – as well as unimproved right-of-way for a continuation of Duluth Street – this arrangement is through an easement agreement with General Mills and is subject to future modification. Given the complexities of the JFB site, staff has pulled the proposed rezoning from the current slate of properties and will continue to work with General Mills to develop a plan to address the misalignment between land use and zoning as well as to revisit the uses outlined in the PUD Permit. PID 3011821320130 (9147 Earl Street) R-1 Institutional (I-4) City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 6 Address Current Zoning Proposed Zoning Group 4 Two properties along Plymouth Ave have been guided for Light Industrial use since the adoption of the 2030 Comprehensive Plan in 2010. They house uses that are consistent with those listed in the Light Industrial section of the zoning chapter. This proposed change would update the Zoning Map to reflect the existing conditions. An outlot within PUD 24 provides open space and flood storage for the adjacent residential development. Rezoning this parcel to Institutional (I-4) would reflect the current and future use. 9303 Plymouth Ave N Industrial Light Industrial 1200 Mendelssohn Ave N Industrial Light Industrial PID 3111821120068 R-2 I-4 City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 7 Address Current Zoning Proposed Zoning Group 5 Two rezonings along Douglas Drive provide an updated vision for redevelopment in the city. A property owned by Tennant at the corner of Douglas Drive and Golden Valley Road will soon be vacated as the company’s corporate headquarters move to Eden Prairie. The land use map indicates a mixed use development would be appropriate at this location. The vacant Optum site in the northwest quadrant of Douglas Drive and Olson Memorial Highway was guided for Office use in the 2030 Comprehensive Plan. Rezoning it away from an Industrial designation would prevent uses that might be incompatible with adjacent properties and inconsistent with vision advanced in the Douglas Drive Corridor Study. 1111 Douglas Drive Office Neighborhood Mixed Use 6300 Olson Memorial Hwy Industrial Office City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 8 Address Current Zoning Proposed Zoning Group 6 Two properties in PUD 39 are zoned Institutional (I-3) but are guided for Office use in the 2040 Comprehensive Plan. Both the law office and the Park Nicollet clinic located there are permitted uses in the Office zoning district, meaning this rezoning better aligns the zoning designation with the existing and preferred uses. 6681 Country Club Drive Institutional (I-3) Office 6701 Country Club Drive Institutional (I-3) Office City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 9 Address Current Zoning Proposed Zoning Group 7 A senior facility along Country Club drive is currently zoned to accommodate a nursing home. The change to R-4 would align with the residential use as an assisted living and memory care facility. Along Highway 55, an older multi-family development is currently zoned R-4 but is on the low end of the Medium Density Residential (R-3) density range. The Future Land Use Map recommends a Medium Density Residential land use in order to avoid the potential impacts of a large multifamily development in this location. 7400 Olson Memorial Highway R-4 R-3 7475 Country Club Drive Institutional (I-3) R-4 City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 10 Address Current Zoning Proposed Zoning Group 8 A City-owned stormwater pond along Boone Avenue provides flood storage and open space. The recommended change rezones the property from Light Industrial to Institutional (I-4) 710 Boone Ave N Light Industrial Institutional (I-4) City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 11 Address Current Zoning Proposed Zoning Group 9 The final group of properties represent a new direction for this part of the city that has been envisioned by the Planning Commission and City Council for the past few years. In moving away from separate, specific zoning designations to a more broadly applied Mixed Use designation, the area along Golden Valley Road now referred to as Highway 55 West would be encouraged to continue its evolution as an active node providing residential, commercial, and office developments within walking distance of the downtown area. 8900 Golden Valley Road Commercial Community Mixed Use 9000 Golden Valley Road R-4 Community Mixed Use 9050 Golden Valley Road R-4 Community Mixed Use 9110 Golden Valley Road R-3 Community Mixed Use 9280 Golden Valley Road R-4 Community Mixed Use 9290 Golden Valley Road R-4 Community Mixed Use 9326 Golden Valley Road Office Community Mixed Use 9400 Golden Valley Road Office Community Mixed Use 8950 Olson Memorial Highway Commercial Community Mixed Use 9000 Olson Memorial Highway Commercial Community Mixed Use 9010 Olson Memorial Highway Commercial Community Mixed Use 9100 Olson Memorial Highway Commercial Community Mixed Use 9201 Olson Memorial Highway R-4 Community Mixed Use PID 3111821320010 Commercial Community Mixed Use 9300 Golden Valley Road Commercial Community Mixed Use PID 3111821320014 Commercial Community Mixed Use 9325 Golden Valley Road Commercial Community Mixed Use PID 9111821320013 Unzoned Community Mixed Use City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 12 Should the City chose not to rezone any of these properties, an amendment to the Future Land Use Map would then be required with the Met Council – modifying the recently-adopted 2040 Comprehensive Plan – in order to maintain consistency between guided land use and zoning. Financial Or Budget Considerations None Recommended Action Motion to adopt Ordinance #690, Rezoning Certain Properties North of Olson Memorial Highway and West of Douglas Drive in Order to Achieve Alignment with the 2040 Comprehensive Plan. Supporting Documents • List of Affected Properties (2 pages) • Maps of Future Land Use and Existing Zoning Designations (6 pages) • Ordinance #690, Rezoning Certain Properties North of Olson Memorial Highway and West of Douglas Drive in Order to Achieve Alignment with the 2040 Comprehensive Plan (2 pages) List of Affected Properties Address Current Zoning Proposed Zoning 7105 Medicine Lake Road Industrial Light Industrial 6960 Madison Ave W Industrial/Light Industrial Light Industrial 1601 Independence Ave N R-1 Institutional (I-4) 1605 Independence Ave N R-1 Institutional (I-4) 9450 Olympia St R-1 Institutional (I-4) 1604 Mendelssohn Ave N R-1 Institutional (I-4) PID 3011821320130 (9147 Earl Street) R-1 Institutional (I-4) 9303 Plymouth Ave N Industrial Light Industrial 1200 Mendelssohn Ave N Industrial Light Industrial PID 3111821120068 R-2 I-4 1111 Douglas Drive Office Mixed Use – Neighborhood 6300 Olson Memorial Hwy Industrial Office 6681 Country Club Drive Institutional (I-3) Office 6701 Country Club Drive Institutional (I-3) Office 7400 Olson Memorial Highway R-4 R-3 7475 Country Club Drive Institutional (I-3) R-4 710 Boone Ave N Light Industrial Institutional (I-4) 8900 Golden Valley Road Commercial Mixed Use – Community 9000 Golden Valley Road R-4 Mixed Use – Community 9050 Golden Valley Road R-4 Mixed Use – Community 9110 Golden Valley Road R-3 Mixed Use – Community 9280 Golden Valley Road R-4 Mixed Use – Community 9290 Golden Valley Road R-4 Mixed Use – Community 9326 Golden Valley Road Office Mixed Use – Community 9400 Golden Valley Road Office Mixed Use – Community 8950 Olson Memorial Highway Commercial Mixed Use – Community 9000 Olson Memorial Highway Commercial Mixed Use – Community 9010 Olson Memorial Highway Commercial Mixed Use – Community 9100 Olson Memorial Highway Commercial Mixed Use – Community 9201 Olson Memorial Highway R-4 Mixed Use – Community PID 3111821320010 Commercial Mixed Use – Community 9300 Golden Valley Road Commercial Mixed Use – Community PID 3111821320014 Commercial Mixed Use – Community 9325 Golden Valley Road Commercial Mixed Use – Community PID 3111821320013 Unzoned Mixed Use – Community Group 1 Future Land Use Current Zoning Group 2 Future Land Use Current Zoning Group 3 Future Land Use Current Zoning Group 4 Future Land Use Current Zoning Group 5 Future Land Use Current Zoning Group 6 Future Land Use Current Zoning Group 7 Future Land Use Current Zoning Group 8 Future Land Use Current Zoning Group 9 Future Land Use Current Zoning ORDINANCE NO. 690 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 Rezoning Certain Properties North of Olson Memorial Highway and East of Douglas Drive in Order to Achieve Alignment with the 2040 Comprehensive Plan The City Council for the City of Golden Valley hereby ordains: Section 1. City Code chapter 113 entitled “Zoning” is amended in Section 113-55 Subd. (b) by changing the zoning designation of certain tracts of land as follows: 7105 Medicine Lake Road from Industrial to Light Industrial 6960 Madison Ave W from Industrial/Light Industrial to Light Industrial 1601 Independence Ave N from R-1 to I-4 1605 Independence Ave N from R-1 to I-4 9450 Olympia St from R-1 to I-4 1604 Mendelssohn Ave N from R-1 to I-4 9147 Earl Street (PID 3011821320130 from R-1 to I-4 9303 Plymouth Ave N from Industrial to Light Industrial 1200 Mendelssohn Ave N from Industrial to Light Industrial PID 3111821120068 from R-2 to I-4 1111 Douglas Drive from Office to Neighborhood Mixed Use 6300 Olson Memorial Hwy from Industrial to Office 6681 Country Club Drive from I-3 to Office 6701 Country Club Drive from I-3 to Office 7400 Olson Memorial Hwy from R-4 to R-3 7475 Country Club Drive from I-3 to R-4 710 Boone Ave N from Light Industrial to I-4 8900 Golden Valley Road from Commercial to Community Mixed Use 9000 Golden Valley Road from R-4 to Community Mixed Use 9050 Golden Valley Road from R-4 to Community Mixed Use 9110 Golden Valley Road from R-3 to Community Mixed Use 9280 Golden Valley Road from R-4 to Community Mixed Use 9290 Golden Valley Road from R-4 to Community Mixed Use 9326 Golden Valley Road from Office to Community Mixed Use 9400 Golden Valley Road from Office to Community Mixed Use 8950 Olson Memorial Hwy from Commercial to Community Mixed Use 9000 Olson Memorial Hwy from Commercial to Community Mixed Use 9010 Olson Memorial Hwy from Commercial to Community Mixed Use 9100 Olson Memorial Hwy from Commercial to Community Mixed Use 9201 Olson Memorial Hwy from R-4 to Community Mixed Use PID 3111821320010 from Commercial to Community Mixed Use 9300 Golden Valley Road from Commercial to Community Mixed Use PID 3111821320014 from Commercial to Community Mixed Use 9325 Golden Valley Road from Commercial to Community Mixed Use PID 3111821320013 Unzoned to Community Mixed Use Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect form and after its passage and publication as required by law. Adopted by the City Council this 15th day of September, 2020. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Kristine A. Luedke Kristine A. Luedke, City Clerk Golden Valley Council Meeting September 15, 2020 Agenda Item 6.A. Adopting Proposed 2021-22 Budget and Proposed Tax Levies Payable in 2021 Prepared By Sue Virnig, Finance Director Summary State Law requires the certification of a proposed budget and proposed tax levies no later than September 30, 2020. The final property tax levy for pay 2021 will be adopted by the City Council on December 1, can be less than the proposed levy, but not greater. The property tax levy, included as part of the 2021-2022 Proposed Budget, is currently $26,106,046. The General Fund levy portion is $20,326,285 and the Bonded Debt Levy is $5,779,761. At the meeting City staff will make a short presentation reviewing the Proposed 2021-2022 General Fund Budget and Proposed Tax Levies Payable in 2021. Financial Or Budget Considerations The supporting documents set the budget for 2021. The budget is a plan that will give departments a guideline to conduct business. Recommended Action Motion to adopt Resolution 20-52 for Proposed 2021-22 Budget and Proposed Tax Levies Payable in 2021. Supporting Documents •Resolution #20-52 Adopting Proposed 2021-22 Budget and Proposed Tax Levies Payable in 2021 (2 pages) •2021-2022 Proposed Revenue Summary (3 pages) •2021-2022 Proposed Expenditure Summary by Division (3 pages) •2021-2022 Proposed Budget Power Point (8 pages) RESOLUTION 20-52 ADOPTING THE PROPOSED 2021-22 BUDGET AND PROPOSED TAX LEVY PAYABLE IN 2021 WHEREAS, State Law requires the certification of a proposed budget and proposed tax levies no later than September 30, 2020; and WHEREAS, the City Council has met and discussed the proposed budget and tax levy; and WHEREAS, the debt service levy as established in the bond documents for the Equipment Certificates, Series 2017A (B3196), the amount of $302,820 will not be levied through a debt levy but paid with a General Fund Levy (General Fund Transfer), and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2016C (B2822), the amount of $390,771 will not be levied due to the utilization of the franchise fees collected from gas and electric utilities, and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2017B (B3114), the amount of $23,082 will not be levied due to the utilization of the internal state aid monies, and NOW, THEREFORE, BE IT RESOLVED, that there is hereby levied upon all taxable property located within the City of Golden Valley the following amounts: General Tax Levy $20,326,285 Bonded Debt Levy: Certificates of Indebtedness 0 Brookview Center 1,218,300 Street Improvement Bonds 4,561,461 TOTAL Tax Levy $26,106,046 BE IT FURTHER RESOLVED, the City Clerk shall certify to the Hennepin County Auditor a copy of this resolution approving the property tax levies for collection in 2021 for the City of Golden Valley. BE IT FURTHER RESOLVED, that the proposed 2021 budget of the General Fund is $23,532,695 and the proposed 2022 budget is approved in concept only. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget and property tax levies both proposed and final. __________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Sue Virnig, Deputy City Clerk 2018 2019 2020 2020 2020%2021 2021 % 2021 2022 Actual Actual Adopted Estimated B VS E Concept Proposed 2020 Concept AD VALOREM TAXES 4011 AD VALOREM TAXES 17,324,086 18,149,133 19,649,140 19,649,140 100.00%20,497,850 20,326,285 103.45%21,661,365 ALLOWANCE FOR ABATEMENTS/DEL (163,872) (175,000) (200,000) (175,000) (175,000) (175,000) LESS HOMESTEAD CREDIT 4014 HOMESTEAD CREDIT 4012 PENALTIES & INTEREST 21,223 17,744 TOTAL AD VALOREM TAXES 17,181,437 18,166,877 19,474,140 19,449,140 99.87%20,322,850 20,151,285 103.48%21,486,365 LICENSES 4023 LICENSE-NEW/USED VEHICLES 4,800 4,800 4,800 4,800 100.00%4,800 4,800 100.00%4,800 4025 LICENSE-TEMPORARY LIQUOR 800 900 400 200 50.00%600 900 225.00%900 4026 LICENSE-WINE ON/SALES 15,875 13,500 13,500 14,000 103.70%13,500 13,500 100.00%13,500 4027 LICENSE-LIQUOR ON/SALE 97,700 113,450 113,450 105,250 92.77%113,450 113,450 100.00%113,450 4028 LICENSE-LIQUOR OFF SALE 1,000 1,000 1,000 1,800 180.00%1,000 1,000 100.00%1,000 4029 LICENSE-NONINTOX ON SALE 4,125 3,375 3,500 3,150 90.00%3,500 3,375 96.43%3,375 4030 LICENSE-NONINTOX OFF SALE 450 450 450 1,100 244.44%450 450 100.00%450 4031 LICENSE-SUNDAY LIQUOR 2,600 3,000 3,000 2,200 73.33%3,000 3,000 100.00%3,000 4033 LICENSE-CIGARETTE 3,850 5,500 550 450 81.82%550 5,500 1000.00%5,500 4034 LICENSE-DOG (KENNEL)2,900 1,000 - 250 0.00%- 1,000 0.00%1,000 4038 LICENSE-GARBAGE COLLECTORS 3,250 3,300 3,000 5,000 166.67%3,000 3,300 110.00%3,300 4041 LICENSE-PEDDLER/SOLICITOR 2,610 570 750 120 16.00%750 570 76.00%570 4044 LICENSE-GAS STATION 3,575 3,575 3,575 4,275 119.58%3,575 3,575 100.00%3,575 4046 LICENSE-APARTMENT 73,205 83,960 65,000 76,640 117.91%65,000 83,960 129.17%83,960 4047 LICENSE-GAMBLING 2,300 - 250 0.00%150 - 0.00%- 4048 LICENSE-AMUSE DEVIC 225 150 150 90 60.00%150 150 100.00%150 4052 LICENSE-HEATING 14,475 14,325 13,500 13,500 100.00%13,500 14,325 106.11%14,325 4058 LICENSE-MASSAGE 6,200 5,740 6,000 1,200 20.00%6,000 5,740 95.67%5,740 4059 LICENCE-CHICKEN COOP/RUN 275 300 225 350 155.56%225 300 133.33%300 TOTAL LICENSES 240,215 258,895 233,100 234,375 100.55%233,200 258,895 111.07%258,895 PERMITS 4101 PERMIT-BUILDING 898,525 835,496 560,000 659,725 117.81%560,000 625,000 111.61%625,000 4102 PERMIT-PLUMBING 104,702 70,635 60,000 38,025 63.38%60,000 60,000 100.00%60,000 4103 PERMIT-SEWER 23,900 23,500 25,000 5,850 23.40%25,000 25,000 100.00%25,000 4104 PERMIT-HEATING 265,510 270,941 125,000 185,000 148.00%125,000 125,000 100.00%125,000 4105 PERMIT-WATER 4,700 3,100 2,500 400 16.00%2,500 2,500 100.00%2,500 4107 PERMIT-STREET EXCAVATING 74,995 80,026 30,000 42,115 140.38%30,000 30,000 100.00%30,000 4108 PERMIT-FIRE - 10,046 - 9,200 - 5,000 5,000 4109 PERMIT-BILLBOARD 10,851 6,925 7,500 800 10.67%7,500 7,500 100.00%7,500 4114 PERMIT-TEMPORARY OCCUPENCY 10,697 4,000 2,000 600 30.00%2,000 2,000 100.00%2,000 4115 PERMIT-REFUNDS(20%)2,345 2,409 - 416 - 500 0.00%500 4116 PERMIT-GRADING/DRAINAGE/EROSI 5,750 9,920 5,000 1,700 34.00%5,000 5,000 100.00%5,000 4117 PERMIT-TREE PRESERVATION 2,700 4,400 900 700 77.78%900 900 100.00%900 4119 PERMIT-ELECTRICAL 132,782 121,918 95,000 55,708 58.64%95,000 95,000 100.00%95,000 4120 PERMIT-FIREWORKS 100 100 100 100 100.00%100 100 100.00%100 4121 PERMIT-SPECIAL EVENTS 550 450 300 75 25.00%300 300 100.00%300 4122 ELECTRIC DOCUMENTATION FEE - 3,102 200 7,586 3793.00%200 200 100.00%200 TOTAL PERMITS 1,538,107 1,446,968 913,500 1,008,000 110.34%913,500 984,000 107.72%984,000 FEDERAL GRANTS (1) 4132.1 FED VEST PROGRAM - 4132 JAG GRANT - 4132.3 SAFE AND SOBER 21,427 - - TOTAL FEDERAL GRANTS 21,427 - - - - - - STATE AID/GRANTS (1) 4149 LOCAL PERFORMANCE AID - 4150 FIRE POST BOARD TRAINING GRANT 45,427 72,520 5,440 11,685 5,440 11,685 11,385 4151 STATE AID - 1,185 - - - 4152 LOCAL GOVERNMENT AID (LGA)37,185 - - - 4153 POLICE TRAINING 3,517 29,415 9,750 28,830 295.69%9,750 27,000 276.92%27,000 4153.1 TOWARDS ZERO DEATHS (TZD)- 16,854 - 2,930 - - 4153.6 VEST REIMBURSEMENT GRANT 1,060 2,339 - - - - TOTAL STATE GRANTS 87,189 122,313 15,190 43,445 286.01%15,190 38,685 254.67%38,385 COUNTY AID/GRANTS (1) City of Golden Valley Proposed 2021 - 2022 General Fund Revenue Report 2018 2019 2020 2020 2020%2021 2021 % 2021 2022 Actual Actual Adopted Estimated B VS E Concept Proposed 2020 Concept City of Golden Valley Proposed 2021 - 2022 General Fund Revenue Report 4173 OTHER COUNTY GRANTS 1,319 - - - - TOTAL COUNTY GRANTS 1,319 - - - - - - GENERAL GOVERNMENT 4191 CERTIFICATION FEE 14,490 10,530 12,000 7,500 62.50%12,000 7,500 62.50%7,500 4194 ADMIN LIQUOR LICENSE 2,500 1,000 - 500 #DIV/0!500 #DIV/0!500 4196 GENERAL GOVT-GEN SER 12,294 7,784 10,000 16,875 168.75%10,000 10,000 100.00%10,000 4197 FILING FEES - 30 - - 10 #DIV/0!- 4200 LIQUOR LICENSE CHECKING 2,700 2,900 2,500 2,500 100.00%2,500 2,500 100.00% 4203 COPY/MAILING FEES 1,484 80 750 20 2.67%750 750 100.00% 4204 DOMESTIC PARTNERSHIP REG - 40 - #DIV/0!- - #DIV/0! 4207 LEGAL FEES 700 1,949 - 100 #DIV/0!- - #DIV/0! TOTAL GENERAL GOVERMENT 34,168 24,313 25,250 27,495 108.89%25,250 21,260 84.20%18,000 PUBLIC SAFETY 4226 BRECK TRAFFIC CONTROL 28,137 28,933 28,650 30,475 106.37%30,475 28,650 100.00%30,475 4228 ALARM ORDINANCE VIOLATION 7,364 6,577 3,700 1,400 37.84%3,700 3,700 100.00%3,700 4229 SECURITY SERVICES 35,546 1,463 17,000 - 0.00%17,000 17,000 100.00%17,000 4230 POLICE DEPT CHARGES - SCHOOL RESOURCE OFFICER-281 86,417 102,253 66,000 54,435 82.48%66,000 66,000 100.00%66,000 4231 FIRE DEPT CHARGES 33,398 41,637 44,000 50 0.11%44,000 44,000 100.00%44,000 4232 ANIMAL IMPOUND FEES 670 445 1,200 310 25.83%1,200 1,200 100.00%1,200 4233 ACCIDENT REPORTS 60 26 300 5 1.67%300 300 100.00%100 4237 NUISANCE VIOLATION 1,150 2,600 500 100 20.00%500 500 100.00%. 4239 ANIMAL IMPOUND CONTRACT-RO 3,450 3,995 3,000 2,160 72.00%3,000 3,000 100.00%3,000 TOTAL PUBLIC SAFETY 196,192 187,929 164,350 88,935 54.11%166,175 164,350 100.00%165,475 PUBLIC WORKS 4258 PLANNING & ZONING FEES 13,415 12,013 7,500 2,800 37.33%7,500 7,500 100.00%7,500 4251 CHGS FOR STREET DEPT 11,909 34,064 8,000 - 0.00%8,000 8,000 100.00%8,000 4253 CHGS FOR PARK DEPT 185 185 - - - - - 4254 WEED CUTTING 4,254 2,765 3,800 - 0.00%3,800 3,800 100.00%3,800 4255 STREET LIGHT MAINT CHGS 165,721 167,027 160,000 160,000 100.00%160,000 160,000 100.00%160,000 4256 CHGS FOR ENGINEERING - (14,424) - 300 - - - 4262 CHARGING STATION-CITY HALL - 210 - 150 - - - TOTAL PUBLIC WORKS 195,484 201,840 179,300 163,250 91.05%179,300 179,300 100.00%179,300 PARK & RECREATION 4305 MISC INCOME-BROOKVIEW 315 55 1,000 900 90.00%1,000 1,000 100.00%1,000 4307 PICNIC SHELTER RENTAL 33,306 30,810 22,000 3,000 13.64%22,000 22,000 100.00%22,000 4308 LIQUOR PERMIT-BV 3,600 2,050 500 - 0.00%500 500 100.00%500 4309 ATHLETIC FACILITY RENTALS 48,850 49,315 48,000 35,000 72.92%48,000 48,000 100.00%48,000 4311.1 MEADOWBROOK RENTAL 31,497 28,195 28,000 12,000 42.86%28,000 28,000 100.00%28,000 4311.2 MEADOWBROOK PROGRAMS 7,614 9,757 8,000 4,500 56.25%8,000 8,000 100.00%8,000 4314 FINANICAL ASSISTANCE (1,698) (37) (1,500) (200) 13.33%(1,500) (1,500) 100.00%(1,500) 4315 FOOD TRUCK PERMITS 4,340 1,550 2,000 1,200 60.00%2,000 1,500 75.00%1,500 4316 SPONSORSHIPS 500 - - - - 1,200 1,200 4317 GV LOGO CLOTHING 1,712 1,148 1,500 800 53.33%1,500 1,500 100.00%1,500 4325.1 ADULT-ATHLETICS 15,890 12,590 21,600 4,000 18.52%21,600 21,600 100.00%21,600 4325.2 ADULT SOFTBALL 34,555 31,560 35,000 22,000 62.86%35,000 24,500 70.00%35,000 4325.3 ADULT-PROGRAMS & EVENTS 36,624 39,223 34,000 13,000 38.24%34,000 34,000 100.00%34,000 4355.1 YOUTH-ATHLETICS 37,926 29,836 76,000 15,000 19.74%76,000 76,000 100.00%76,000 4355.2 YOUTH-SUMMER PLAYGROUND 19,776 33,217 35,000 12,500 35.71%35,000 35,000 100.00%35,000 4355.3 YOUTH-PROGRAM & EVENTS 47,237 34,432 45,000 12,000 26.67%45,000 45,000 100.00%45,000 4389 FIELD MAINTENANCE FEES 13,151 14,480 12,000 - 0.00%12,000 12,000 100.00%12,000 4405.1 SENIOR-PROGRAMS & EVENTS 2,600 1,753 4,000 800 20.00%4,000 4,000 100.00%4,000 4405.2 SENIOR-TRIPS 80,962 63,465 58,000 4,000 6.90%58,000 58,000 100.00%58,000 TOTAL PARK AND RECREATION 418,757 383,399 430,100 140,500 32.67%430,100 420,300 97.72%430,800 OTHER FUNDS 4433 CHGS TO CONSTRUCTION FUND 137,222 165,998 100,000 5,000 5.00%100,000 125,000 125.00%125,000 4434 CHGS TO UTILITY FUND 275,000 275,000 275,000 275,000 100.00%275,000 275,000 100.00%275,000 4435 CHGS TO BROOKVIEW FUND 85,000 85,000 85,000 85,000 100.00%85,000 85,000 100.00%85,000 4436 CHGS TO MOTOR VEHICLE FUND 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000 4437 CHGS TO RECY FUND 51,500 51,500 51,500 51,500 100.00%51,500 51,500 100.00%51,500 4438 CHGS TO CEMETARY FUND 400 1,450 - - - 2018 2019 2020 2020 2020%2021 2021 % 2021 2022 Actual Actual Adopted Estimated B VS E Concept Proposed 2020 Concept City of Golden Valley Proposed 2021 - 2022 General Fund Revenue Report 4439 HRA TRANS-ADMIN 4440 CHGS TO STORM UTILITY FUND 200,000 200,000 200,000 200,000 100.00%200,000 200,000 100.00%200,000 TOTAL OTHER FUNDS 779,122 808,948 741,500 646,500 87.19%741,500 766,500 103.37%766,500 FINES & FORFEITURES 4155.1 DWI VEHICLE FORFEITURES - - - - - 4155 COURT FINES & FORFEITURES 379,708 260,565 255,000 164,000 64.31%255,000 165,000 64.71%165,000 TOTAL FINES & FORFEITURES 379,708 260,565 255,000 164,000 64.31%255,000 165,000 64.71%165,000 INTEREST ON INVESTMENTS 4471 INTEREST ON INVESTMENTS 180,776 259,642 150,000 150,000 100.00%150,000 150,000 100.00%150,000 INTEREST ON INVESTMENTS 180,776 259,642 150,000 150,000 100.00%150,000 150,000 100.00%150,000 TRANSFERS IN 4501 PERMANENT TRANS-MOTOR VEH 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000 TOTAL TRANSFERS IN 30,000 30,000 30,000 30,000 100.00%30,000 30,000 100.00%30,000 OTHER REVENUE 4479 TOWER RENTAL 60,867 13,805 14,820 14,820 100.00%14,820 14,820 100.00%14,820 4480 BUILDING RENTS -BROOKVIEW GOLF COURSE 127,200 127,200 127,200 127,200 100.00%127,200 127,500 100.24%127,200 -MOTOR VEHICLE LICENSING 22,000 22,000 22,000 22,000 100.00%22,000 22,000 100.00%22,000 -VEHICLE MAINTENANCE 24,000 24,000 24,000 24,000 100.00%24,000 24,000 100.00%24,000 4478 SPECIAL ASSESS COLL-COUNTY 6,156 8,189 6,000 6,000 100.00%6,000 6,000 100.00%6,000 4483 CONTRIBUTIONS & DONATIONS 2,620 191 TOTAL OTHER REVENUE 242,843 195,385 194,020 194,020 100.00%194,020 194,320 100.15%194,020 MISCELLANEOUS COSTS 4476 BURIAL CHARGE-CEMETERY 950 3,000 2,000 3,000 150.00%2,000 3,000 150.00%3,000 4707 PENALTIES-LIQUOR/TOBACCO - 1,200 - - - 4474 SCRAP METAL 6,119 3,584 3,000 3,000 100.00%3,000 3,000 100.00%3,000 4486 MISCELLANEOUS RECEIPTS (288) 7,082 2,500 1,000 40.00%2,500 2,500 100.00%2,500 4487 OVER AND SHORT (335) - 4488 RETURNED CHECK FEE 30 - 4489 ATM 607 627 800 200 25.00%800 300 37.50%300 4491 CERTIFICATION FEES - 225 - - TOTAL MISCELLANEOUS COSTS 7,388 15,413 8,300 7,200 86.75%8,300 8,800 106.02%8,800 GENERAL FUND TOTAL 21,534,132$ 22,362,487$ 22,813,750$ 22,346,860$ 97.95%23,664,385$ 23,532,695$ 103.15%24,875,540$ (1) Grants received will be recorded in fund benefited. 2018 2019 2020 2020 2021 2021 2022 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT 001 COUNCIL 1001 COUNCIL $318,439 $312,987 $357,200 $319,620 $359,210 $363,425 $361,315 1002 CIVIL SERVICE COMMISSION 1,000 2,100 4,000 1,650 4,000 1,000 1,000 1003 HUMAN RIGHTS COMMISSION 2,453 2,466 3,500 3,500 3,500 3,500 3,500 1040 ENVIRONMENTAL COMMISSION 1,500 1,500 3,500 3,500 3,500 3,500 3,500 1050 PLANNING COMMISSION 810 - 3,820 100 3,820 3,570 3,640 1060 PARK & OPEN SPACE COMM 694 670 1,100 350 1,100 1,100 1,100 1070 BOARD OF ZONING APPEALS 215 - 1,145 - 1,145 1,145 1,145 1142 ELECTIONS 47,134 23,995 79,160 78,035 30,430 28,465 58,970 TOTAL DIVISION (001)372,245 343,718 453,425 406,755 406,705 405,705 434,170 003 CITY MANAGER 1030 CITY MANAGER 747,716 777,565 1,055,440 950,270 1,148,690 1,082,250 1,143,275 TOTAL DIVISION (003)747,716 777,565 1,055,440 950,270 1,148,690 1,082,250 1,143,275 004 TRANSFERS OUT 1025 TRANSFERS OUT 3,497,173 2,207,580 2,567,580 2,567,580 2,682,580 2,717,580 2,800,000 TOTAL DIVISION (004)3,497,173 2,207,580 2,567,580 2,567,580 2,682,580 2,717,580 2,800,000 005 ADMINISTRATIVE SERVICES 1101 GENERAL SERVICES 775,106 778,235 805,965 798,100 830,470 831,600 837,355 1102 ACCOUNTING 297,602 297,035 345,595 327,305 357,335 340,530 366,035 1105 COMPUTER SERVICES 843,321 891,996 1,062,215 1,054,795 1,075,005 1,099,300 1,181,370 TOTAL DIVISION (005)1,916,029 1,967,266 2,213,775 2,180,200 2,262,810 2,271,430 2,384,760 006 LEGAL SERVICES 1121 LEGAL SERVICES 201,477 181,240 195,545 194,985 206,880 204,605 218,965 TOTAL DIVISION (006)201,477 181,240 195,545 194,985 206,880 204,605 218,965 007 RISK MANAGEMENT 1115 INSURANCE 318,934 316,205 320,000 342,340 330,000 350,000 350,000 TOTAL DIVISION (007)318,934 316,205 320,000 342,340 330,000 350,000 350,000 011 BUILDING OPERATIONS 1180 BUILDING OPERATIONS 672,356 703,237 735,880 749,160 741,120 753,160 755,875 TOTAL DIVISION (011)672,356 703,237 735,880 749,160 741,120 753,160 755,875 016 PLANNING 1166 PLANNING 321,324 346,280 428,025 388,465 399,800 379,140 405,110 TOTAL DIVISION (016)321,324 346,280 428,025 388,465 399,800 379,140 405,110 018 INSPECTIONS 1162 INSPECTIONS 752,027 806,258 795,005 696,680 831,445 815,655 845,440 TOTAL DIVISION (018)752,027 806,258 795,005 696,680 831,445 815,655 845,440 / PROGRAM DIVISION CITY OF GOLDEN VALLEY ADOPTED 2021 - 2022 OPERATING BUDGET 2018 2019 2020 2020 2021 2021 2022 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY ADOPTED 2021 - 2022 OPERATING BUDGET 022 POLICE 1300 POLICE ADMINISTRATION 940,562 1,048,558 1,097,870 1,233,535 1,142,395 1,265,245 1,299,700 1320 POLICE OPERATIONS 4,377,998 4,595,273 5,199,675 5,200,010 5,576,360 5,154,255 5,912,800 1322 SPECIAL EVENTS 25,299 - - - - - - 1323 SAFE AND SOBER 21,717 16,138 - - - - - 1324 POLICE SECUITY SERVICE-POTUS - 6,915 - - - - - 1130 PROSECUTION AND COURT 266,913 262,437 310,535 282,535 313,815 312,535 315,815 TOTAL DIVISION (022)5,632,489 5,929,321 6,608,080 6,716,080 7,032,570 6,732,035 7,528,315 023 FIRE 1346 FIRE ADMINISTRATION 1,357,350 1,356,343 1,685,290 1,661,575 1,715,655 1,679,195 1,780,660 TOTAL DIVISION (023)1,357,350 1,356,343 1,685,290 1,661,575 1,715,655 1,679,195 1,780,660 035 PHYSICAL DEVELOPMENT ADMIN 1400 PHYSICAL DEVELOPMENT ADMIN 292,794 304,176 324,975 320,320 334,155 325,220 332,740 TOTAL DIVISION (035)292,794 304,176 324,975 320,320 334,155 325,220 332,740 036 ENGINEERING 1420 GENERAL ENGINEERING 477,700 476,549 485,810 591,835 512,180 609,730 616,105 1425 TRAFFIC SIGNALS 22,879 - - - - - - 1430 STREET LIGHTING 221,639 - - - - - 1452 MISC CONCRETE REPAIR 23,924 10,925 - - - - - TOTAL DIVISION (036)746,142 487,474 485,810 591,835 512,180 609,730 616,105 037 STREETS 1440 STREET MAINTENANCE 1,510,320 1,678,603 1,775,515 1,775,935 1,818,850 1,799,695 1,832,410 1448 SNOW AND ICE CONTROL 273,995 334,014 225,605 235,605 236,235 243,005 246,985 1449 STREET LIGHTS - 200,028 235,000 235,000 235,000 235,000 235,000 1450 TRAFFIC SIGNALS - 34,233 53,000 53,000 53,000 53,000 53,000 TOTAL DIVISION (037)1,784,315 2,246,878 2,289,120 2,299,540 2,343,085 2,330,700 2,367,395 066 PARK AND REC ADMINISTRATION 1600 PARK AND REC ADM 715,266 772,488 851,625 824,055 874,105 859,980 888,205 TOTAL DIVISION (066)715,266 772,488 851,625 824,055 874,105 859,980 888,205 067 PARK MAINTENANCE 1620 PARK MAINTENANCE 1,022,668 1,034,851 1,150,810 1,138,835 1,184,370 1,152,410 1,176,695 1646 TREE MAINTENANCE 147,302 172,602 213,135 213,135 216,125 213,135 215,450 TOTAL DIVISION (067)1,169,970 1,207,453 1,363,945 1,351,970 1,400,495 1,365,545 1,392,145 068 PARK AND REC PROGRAMS ADULT PROGRAMS: 1596 ADULT-ATHLETICS 8,243 7,344 16,100 7,575 16,100 15,800 15,800 1597 ADULT-SOFTBALL 25,733 22,721 27,750 19,560 29,250 29,250 29,250 1680 ADULT-PROGRAMS & EVENTS 33,870 34,086 30,955 10,200 30,975 30,975 30,975 TOTAL ADULT PROGRAMS 67,846 64,151 74,805 37,335 76,325 76,025 76,025 2018 2019 2020 2020 2021 2021 2022 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY ADOPTED 2021 - 2022 OPERATING BUDGET YOUTH PROGRAMS: 1660 YOUTH-SUMMER PLAYGROUND 55,504 58,305 67,225 25,050 67,225 67,225 65,225 1670 YOUTH-PROGRAMS & EVENTS 35,674 27,046 55,530 23,635 55,530 55,530 55,530 1673 YOUTH-ATHLETICS 37,057 27,873 54,235 21,560 54,235 54,235 54,235 1679 YOUTH-RINK SUPERVISION 29,567 23,235 25,300 11,880 25,300 25,300 25,300 TOTAL YOUTH PROGRAMS 157,802 136,459 202,290 82,125 202,290 202,290 200,290 SENIOR PROGRAMS: 1691 SENIOR-PROGRAMS & EVENTS 26,020 24,179 30,430 21,955 30,430 30,430 30,430 1694 SENIOR-TRIPS 73,924 58,081 56,200 10,100 56,200 56,200 56,200 TOTAL SENIOR PROGRAMS 99,944 82,260 86,630 32,055 86,630 86,630 86,630 RONALD B DAVIS COMM CTR: 1695 MEADOWBROOK COMM CTR 55,278 33,549 45,625 35,660 45,625 45,820 45,820 TOTAL RONALD B DAVIS COMM CTR 55,278 33,549 45,625 35,660 45,625 45,820 45,820 TOTAL DIVISION (068)380,870 316,419 409,350 187,175 410,870 410,765 408,765 099 CONTINGENCIES 1900 CONTINGENCIES - - 50,000 - - 240,000 - TOTAL DIVISION (099)- - 50,000 - - 240,000 - GENERAL FUND TOTAL DIVISIONS 20,878,477 20,269,901 22,832,870 22,428,985 23,633,145 23,532,695 24,651,925 2021-2022 General Fund Budget and Tax LevyCouncil MeetingSeptember 15, 2020 2020 ScheduleMay – JulyStaff Meetings preparing proposed budgetWeek of August 3-7Review 2021-2022 General Fund Budget with each council member and mayorAugust 12-Council/Manager MeetingReview 2021-2022 General Fund BudgetSeptember 8-Council/Manager MeetingReview all other funds budgets (Enterprise, Special Revenue, Internal Service Funds)Review 2021-2030 Capital Improvement ProgramReview 2021 Proposed Levy and Tax ImpactSeptember 15-Special HRA Meeting - Proposed HRA Tax Levy and BudgetSeptember 15-Council MeetingProposed Property Tax Levy and Budget (Amount Approved will go on notice for Nov) Proposed HRA Tax Levy and Budget (Amount Approved will go on notice for Nov as Other Levies)December 1-Special HRA Meeting-Adopt HRA Levy and BudgetDecember 1-Council Meeting Property Tax Hearing-Adoption (Both City and HRA) TOTAL PROPOSED LEVYLevy Payable 2020Proposed Levy Payable 2021Without Positions-Reduced HRA LevyReduced COLA and Website General Fund 19,649,140 20,742,325 5.56% 20,476,2854.66% 20,326,285 3.45%HRA Levy 0 162,000 72,00072,000Bonded Debt:Street Improvement Bonds 4,205,594 4,561,461 8.46% 4,561,4614,561,461BrookviewCommunity Center1,218,300 1,218,300 1,218,3001,218,300Equipment CertificatesDebt Sub-Total5,423,894 5,779,761 6.56% 5,779,7616.56% 5,779,761 6.56%TOTAL Levy25,073,034 26,684,086 6.48% 26,328,0465.00% 26,178,046 4.41% What makes up the $1,105,012 increase?Additional Bond Payments $355,867HRA Levy 72,000COLA (1%) 145,000Transfers Out 150,000LOGIS/HC Contract 49,480Risk Management 30,000Single Audit 10,000Contractual Maintenance 16,935Compensation Study 45,000Step Increases 106,810Engineering Allocation of Salaries 123,920 Total Tax Capacity in City(Taxable Market Value X Tax Rate)Tax Capacity 2020 2021 % increase (decrease)Commercial 14,892,610 15,780,400 5.96%Industrial 7,055,827 6,977,538 -1.11%Apartments 4,981,763 5,824,431 16.92%Residential 26,491,417 27,264,779 2.92%Personal Property 584,230 637,486 9.11%TOTAL 54,005,847 56,484.604 4.58% Tax Capacity, contTax Capacity 2020 2021Total Tax Capacity 54,005,847 56,484,604Less Fiscal DisparitiesContribution(7,678,701) (7,680,860)Less Tax Increment (1,151,192) (1,184,568)Total Net Tax Capacity for Local Tax Rate45,175,954 47,619,176Levy 25,073,034 26,178,046Fiscal Distribution Dollars 1,124,711 1,256,066Levy Reduced by Fiscal Distribution23,948,323 24,921,980City Tax Rate 53.011% 52.336% Tax Capacity, continuedMedian Home 2020 2021 % increase(decrease)Property Value $327,000 $335,000Tax Rate 53.011% 52.336% (City) .151% - HRACity Portion of Taxes$19.13 $1.60 per monthHRA Portion of Taxes$4.95 $ .41 per monthTotal Taxes $24.08 $2.01 per month Rule of ThumbFor each $100,000, a median home would be effected $6.88 Golden Valley City Council Meeting September 15, 2020 Agenda Item 6. B. Approve Granting City Council Consent for Housing and Redevelopment Authority Levy Payable in 2021 Prepared By Sue Virnig, Finance Director Summary On April 21, the Housing and Redevelopment Authority (HRA) approved Resolution 20-03 Approving Intent for HRA Levy for a Housing Program. On that same night, the City adopted Resolution 20-XX of Intent for HRA Levy for a Housing Program. Earlier tonight, the HRA considered a budget and levy payable in 2021. If the HRA approved the resolution, the City should consider Resolution 20-53 Granting City Council Consent for Housing and Redevelopment Authority Levy. Financial Or Budget Considerations The levy for the HRA will show on the 2021 Proposed Property Tax statement under Other Special Taxing Districts. The levy for $72,000 will add $4.95 to the median home value of $335,000. Supporting Documents •Resolution 20-53 Granting City Council Consent for Housing and Redevelopment Authority Levy (1 page) RESOLUTION 20-53 GRANTING CITY COUNCIL CONSENT FOR THE HOUSING AND REDEVELOPMENT PROPOSED TAX LEVY PAYABLE IN 2021 WHEREAS, The Golden Valley Housing and Redevelopment Authority (the “HRA”) has authorities and powers according to MN Statutes, Sections 469.001 to 469.047. MS Statutes, Section 469.033, subd. 6 grants the HRA the power to levy and collect taxes subject to a resolution of consent from the Golden Valley City Council for a set period and, WHEREAS, The Golden Valley HRA on April 21, 2020 approved Resolution 20-03 Approving Intent for HRA Levy for a Housing Program and, WHEREAS, The HRA requested the City of Golden Valley to approve a consent to an intent to levy for HRA Housing Program that may begin with the year payable 2021. The district would include all city parcels. The resolution of intent was provided to Hennepin County by July 1. The intent of this levy gives direction to Hennepin County to set up a special district to allow for such levy in the future and, WHEREAS, The City of Golden Valley passed Resolution 20-27 Approving Intent for HRA Levy for a Housing Program and, WHEREAS, The HRA’s preliminary budget includes a property tax levy of $72,000 and, NOW, THEREFORE BE IT RESOLVED by the City of Golden Valley Council as follows: The City of Golden Valley City Council hereby consents to and authorizes an HRA tax levy in the amount not to exceed $72,000 payable in 2021. __________________________ Shepard Harris, Mayor ATTEST: ________________________________ Sue Virnig, Deputy City Clerk Golden Valley City Council Meeting September 15, 2020 Agenda Item 6. C. Approve Purchase Agreement for 1800 Zephyr Place, Golden Valley, MN Prepared By Marc Nevinski, Physical Development Director Summary The property located at 1800 Zephyr Place is an undeveloped lot on a severe slop and located approximately 60 feet from the end of the Zephyr Place cul-de-sac, although City right-of-way extends in front of the lot to the railroad. The owner, Ms. Donna Kabanuk, placed the property on the market late last year which resulted in a number of prospective buyers contacting the City about the buildability of the lot and access to it. In responding to these inquiries, staff discovered the nine-inch sewer pipe, installed in 1955 and which runs parallel to the railroad tracks and along the southwest third of the lot was not located in an easement or right-of-way. Additionally, a stormwater outlet deposits runoff from the cul-de-sac onto the lot, although this could be corrected relatively easily re- directing the pipe outlet onto City right-of-way. To correct this oversight, staff discussed purchasing a utility easement from Ms. Kabanuk, which would have slightly reduced the buildable area of the lot, but still allowed for a home to be constructed on the northeastern two-thirds of the lot. Ms. Kabanuk insisted however, that the City buy the entire lot from her. Staff was agreeable to this, and will evaluate the future options the City has for the lot. These may include establishing an easement over the sewer line and selling the lot, retaining the lot for a public purpose, or some variation of these options. The purchase price for the lot is $45,000, which is the listing price. An appraisal ordered by the City confirmed the price as a fair market value. Additionally, the seller is not required to pay the deferred assessments of $3900 from the 2007 PMP. If the lot is sold in the future, assessments can be paid at that time. Financial Or Budget Considerations Funding for the purchase of the property will come from the Water and Sewer fund, as the presence of utilities on the parcel is the reason for the purchase. City Council Regular Meeting Executive Summary City of Golden Valley September 15, 2020 2 Recommended Action Motion to approve the Purchase Agreement for 1800 Zephyr Place, Golden Valley, MN and authorize the City Manager to execute the necessary documents to close on the purchase of the property. Supporting Documents • Location Map • Purchase Agreement 1844 3121 3115 3109 1834 1850 3029 18291830 1825 1838 1825 183218211815 18281807 18161801 18311810 1825 1806 1821 1800 1811 1725 1721 1717 1849B1849A Zephyr PlYork Ave N Theodor e Wi r t h PkwyGlenwood PkwyGolden Valley Rd I 0 100 20050Feet Print Date: 9/11/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020).-City of Golden Valley for all other layers. LocationMap PURCHASE AGREEMENT BEFORE YOU SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Se..p le.."1-l be.,-THIS AGREEMENT is made and entered into as of this _a__ day orAttgust, 2020 ("Effective Date") by and between Donna E. Kabanuk ("Seller") and the City of Golden Valley, a Minnesota municipal corporation (hereinafter referred to as "Buyer"). RECITALS WHEREAS, Seller is the owner of the real property located at 1800 Zephyr Place, Golden Valley, Minnesota, more particularly described on the attached Exhibit A (the "Real Property"), together with (i) all improvements and Fixtures constructed or located thereon, if any and (ii) all easements, rights and other interests benefiting or appurtenant thereto (the foregoing, including the Real Property, are collectively referred to herein as the "Property"). Except as may be expressly provided herein, the term Property does not include any personal property. For the purposes of this Purchase Agreement, "Fixtures" are items that are embedded in the Real Property or attached improvements on the Real Property and cannot be removed without damage to the Real Property. WHEREAS, Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property in accordance with the terms and conditions as hereinafter set forth. NOW, THEREFORE, the parties do hereby agree as follows: 1.Purchase Price. The purchase price ("Purchase Price") for the Property to be paid by Buyer to Seller shall be Forty-Five Thousand and 00/100 Dollars ($45,000.00), in cash or cash equivalent, on the Date of Closing (defined below), subject to the terms and conditions set out herein. 2.Closing. The closing of this transaction (the "Closing") shall take place at Buyer's offices, or another mutually agreed upon location on a date selected by Buyer no more than ten (10) days following the satisfaction or waiver of all of the conditions set forth in Paragraphs 4, 5 and 6 hereof, or such other date, time and place as is mutually agreeable to the parties hereto (hereinafter referred to as "Date of Closing). 3.Representations and Warranties of Seller. Seller does hereby covenant, warrant and represent to Buyer and agree with Buyer as follows: A.Seller has good, marketable, title to the Property of record. B.The conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C.There is no litigation pending, or to the best knowledge of Seller, investigation, condemnation or proceeding of any kind threatened against the Seller which may have a material adverse effect upon the Property. D.There are no outstanding or unpaid claims, actions, or causes of action related to any transaction or obligation entered into or incurred by Seller with respect to the Property prior to the Effective Date. Seller has not used the Property for the storage or disposal of 1 DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C any hazardous substance as defined in Minnesota Statutes 115B.02, subdivision 8 and Seller has no knowledge or belief that any other person has so used the Property. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the Property by any person in violation of any law. F.Seller is not a "foreign person" (as defined in Section 1445(f)(3) of the Internal Revenue Code and regulations issued thereunder). G.Except as otherwise provided herein, there are no deferred real estate taxes, including "Green Acres" taxes under Minnesota Statute 273 .11, payment of which is required upon Closing. Seller shall not be required to pay the $3,900 of deferred assessments payable to the City of Golden Valley that are currently outstanding. H.Seller does not know of any "Wells" on the Real Property within the meaning of Minnesota Statutes 103!. I.There are no public improvements (water, sewer, sidewalk, street, alley, curbing, etc.) affecting the Real Property which are in progress and for which assessments may be levied after Closing, and Seller has no knowledge of any planned improvements which may result in assessments against the Property. J.Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Property, and there are no existing rights of first refusal or options to purchase all or any portion of the Property, or any other rights that might prevent the consummation of this Agreement. K.There are no: (i) contracts, leases, private restrictions or agreements with any public authority that will affect the uses that may be made of the Property, except for building and zoning codes; (ii) agreements to subject architectural plans to an association or other group; (iii) provisions requiring improvements; (iv) provisions requiring the joining of others in group actions; or (v) restrictions imposed on the Property due to its historical significance. L.Seller has not received any notice of any pending condemnation, eminent domain or other similar action, suit or proceeding that would affect the Property, and to the best of Seller's knowledge, after due inquiry, there are no such proceedings pending or threatened against the Property. M.To the best of Seller's knowledge after due inquiry, no above ground or underground tanks or individual sewage treatment system on, located under, or serving in or about the Real Property, nor have any been located under, in or about the Real Property which have been removed or filled. N.To the best of Seller's knowledge after due inquiry, the improvements on the Real Estate, if any, are entirely within the boundary lines of the Real Estate. 0.Seller has not received any notice regarding diseased trees affecting the Property. P.To Seller's knowledge, no Methamphetamine production has occurred on the Property. 2 DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C Q.Seller shall enter into an agreement with Buyer regarding release, payment and assignment of relocation benefits under Minn. Stat. 117 .187 on or prior to Closing Date in the form attached hereto as Exhibit C. Seller hereby agrees that the truthfulness of each of said representations and warranties and all other representations and warranties herein made in a condition precedent to the performance by Buyer of Buyer's obligations hereunder; and that the said representations and warranties shall be true as of the Effective Date and on the Date of Closing. Upon the breach of any thereof, Buyer, prior to the Date of Closing, may declare this Agreement to be null and void, or Buyer may elect to close this sale. If Buyer elects to declare this Agreement null and void, neither party shall have any rights or obligations hereunder. Seller shall indemnify Buyer, its successors and assigns, against, and shall hold Buyer, its successors and assigns, harmless from, any costs, expenses or damages of any kind or nature, including reasonable attorneys' fees, which Buyer may incur because of any breach, or claim of breach, of any of the representations and warranties herein contained, whether prior to or after the Date of Closing. While Buyer will advise Seller at Closing of any breach within Buyer's actual knowledge, consummation of this Agreement by Buyer with knowledge of any such Breach shall not be deemed a waiver or release by Buyer of any claims hereunder due to such breach. All warranties, representations and indemnifications herein contained shall survive Closing for the benefit of Buyer. 4.Title. Buyer shall, at Buyer's sole expense and within a reasonable time after the Effective Date, examine the title of the Property. Within forty-five (45) days after the Effective Date, Buyer shall make any title objections ("Objections"), which Objections shall be made in writing to Seller. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Property (collectively, "Monetary Liens"). Any other matter disclosed by the Buyer's examination and not timely objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have thirty (30) days after receipt of the Objections (the "Cure Period") to cure the Objections, during which the Closing will be postponed as necessary; provided, however, that Seller shall pay Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. If the Cure Period expires prior to the Closing Date, Buyer shall have the right to extend the Cure Period to the Closing Date. Seller shall use reasonable efforts to correct any Objections, and Buyer may waive any Objections not cured prior to Closing. If Seller shall fail to have such Buyer's Objections removed or satisfied in accordance with the terms hereof, Buyer may, at its sole election: i.terminate this Agreement without any liability on its part; 11.if the objections are liens that may be removed by the payment of sums of money, discharge any such liens and take title to the Property pursuant to the terms of this Agreement, and deduct the same from the cash due and payable to Seller on the Closing Date;111.delay the Closing until the objections are removed or satisfied; or 1v. waive the objections and close this transaction. 3 DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C Agreement by reason of the failure of any one or more of the conditions above set forth, it shall do so by serving written notice to Seller, and this Agreement shall thereafter be null and void. 7.Real Estate Taxes, Special Assessments and Prorations. On the Date of Closing, the following prorations shall be made: A.The real estate taxes and special assessments due and payable in all years prior to the year of Closing shall be paid in full by Seller. B.Seller shall be responsible for payment of the real estate taxes equal to an amount that is the :fraction of the real estate taxes the numerator which is the number of days :from January 1, 2018, to the Date of Closing and the denominator of which is the number of days in the full year. For purposes of this paragraph, the phrase "real estate taxes due and payable" in a given year includes any installments of special assessments due and payable in that year C.Seller shall pay all state deed tax payable as a result of this transaction. D.Seller shall pay any outstanding utility bills that affect the Property. E.Seller will pay the cost of recording all documents necessary to place record title for the Property in the condition required by Seller under this Agreement. 8.Obligations of Seller at Closing. At Closing, Seller shall do the following: A.Deliver to Buyer a warranty deed ("Warranty Deed") duly executed and acknowledged by Seller, in recordable form, conveying to Buyer good and marketable title to the Property :free and clear of all liens, encumbrances, covenants, conditions, restrictions, rights-of-way, easements and any other matters affecting title except for such matters as have been waived by Buyer in writing as Permitted Encumbrances. B.Deliver to Buyer its Affidavit, duly executed and acknowledged by Seller, in customary form, relative to judgments, federal tax liens, mechanic's liens and outstanding interests in the Property. C.Pay or cause the payment of any other sum required to be paid by Seller pursuant to this Agreement. D.Deliver to Buyer a certificate, in form and substance satisfactory to the parties hereto and their counsel, properly executed by Seller containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Seller is not a "foreign person" (as defined in Section 1445(t)(3) of such Code and such regulations). E.It is understood that there is no agent for the sale or purchase of this Property and no commission is due and owing. F.Execute and deliver a Well Disclosure Statement, properly executed and in recordable form, disclosing any wells existing on the Property or, if no wells, a statement to that effect on the Personal Representative's Deed. 5 DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C G.Subject to the rights of the Seller to rent back the Property under the Rent Back Agreement, remove all personal property from the Property and all debris from the Property. H.Execute and deliver such additional documents as are reasonably necessary to consummate the transactions contemplated by this Agreement. I.Deliver to Buyer a certificate a Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. J.If the Real Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minnesota Statute 116.48. K.Pay all utilities due as of the Date of Closing and provide evidence thereof that may be requested by Buyer. L.All other documents reasonably determined by Buyer to be necessary to transfer the Real Property to Buyer free and clear of all encumbrances. 9.Obligations of Buyer at Closing. Subject to the full, complete and timely performance by Seller of its obligations hereof, Buyer shall do the following: A.Deliver to Seller the Purchase Price in the manner set forth in Paragraph 1 hereof. B.Pay or cause the payment of: i.any sum required to be paid by Buyer pursuant to this Agreement; and 111.filing fee to record the Warranty Deed. 10.Buyer's Inspection. The Buyer may inspect the Property prior to closing, upon 24 hour notice to Seller to determine that the condition of the Property is as warranted. In the event the Property is not as warranted this agreement shall become null and void, at the Buyer's option, and all monies paid hereunder shall be refunded to Buyer. 11.Remedies. A.In the event Seller shall fail to consummate the sale of the Property for any reason except the default of Buyer, Buyer may terminate this Agreement and may enforce specific performance of this Agreement, as permitted by law, within six (6) months from the time such cause of action arose. B.In the event Buyer shall fail to consummate the purchase of the Property for any reason except for the default of Seller or the failure of a condition precedent, Seller may, as its sole remedy, terminate this contract as provided in Minnesota Statue 559.21. 12.Notices. All notices to be given by either party to the other hereunder shall be in writing, addressed as follows and deemed to have been given (a) if delivered by hand, upon personal 6 DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C delivery, (b) if delivered by overnight courier service, one (1) business day after delivery to such courier service, and ( c) if delivered by mail, three (3) business days after deposit in the mail: Ifto Buyer: If to Seller: 13.Miscellaneous. City of Golden Valley Attn: Marc Nevinski 7800 Golden Valley Road Golden Valley, MN 55427 mnevinski@goldenvalleymn.gov Donna E. Kabanuk 5233 Twin Lake Boulevard East Brooklyn Center, MN 55426 Copy to: Maria Cisneros 7800 Golden Valley Road Golden Valley, MN 55427 mcisneros@goldenvalleymn.gov A.This Agreement shall inure to the benefit of, and be binding upon, the heirs, administrators, successors and assigns of the parties hereto. B.This Agreement shall not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been drafted or prepared by counsel for one of the parties, it being recognized that both Buyer and Seller have contributed substantially and materially to the preparation of this Agreement. C.The parties agree to mutually execute and deliver to each other, at Closing, such other and further documents as may be reasonably required by counsel for the parties or any title insurer, to carry into effect the purposes and intents of this Agreement. D.The parties hereto do hereby acknowledge that time is of the essence of each and every term and condition of this Agreement. E.All of the covenants, representations and warranties of this Agreement, or in any schedule, exhibit, certificate, or document delivered in connection with this Agreement will survive and be enforceable after the Closing. F.This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. G.If any provision of this Agreement in invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. H.The Recitals contained in this Agreement are hereby incorporated as material representations and terms of this Agreement 14.Condemnation. If, prior to Date of Closing, any governmental entity commences any eminent domain proceedings ("Proceedings") against all or any part of the Property, Seller shall 7 DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C immediately give notice to Buyer of such fact, and at Buyer's option (to be exercised by notice to Seller within thirty (30) days after Seller's notice), this Agreement shall terminate. Upon such termination, neither Seller nor Buyer shall have any further rights or obligations under this Agreement. If Buyer does not give such notice, then there shall be no reduction in the purchase price, and Seller shall assign to Buyer at the Closing all of Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Date of Closing, Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer's prior written consent. 15.Executory Period. During the period from the date hereof through the Date of Closing (the "Executory Period"), Seller shall keep and maintain the Property in a reasonable safe condition. Seller shall not alter or damage any part of the Property. Seller shall bear the risk of loss or damage to the Property through the Executory Period. However, during the Executory Period, Seller shall not execute or amend any contracts, leases, or other agreements regarding the Property that are not terminated prior to the Closing Date, nor perform any act that would impair or encumber the title to the Property, without the prior written consent of Buyer. 16.Possession. Subject to the rights of the Seller to rent back the Property under the Rent Back Agreement, Seller agrees to deliver possession of the Property no later than the Date of Closing provided all conditions of this agreement have been complied with. 17.City Council Approval. Notwithstanding anything to the contrary herein, the Buyer's purchase of the Property contemplated herein is subject to the approval of the City of Golden Valley City Counsel. [Signatures begin on next page] 8 DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C DocuSign Envelope ID: 831EA305-C19D-4638-B9A8-7FCA3388E25C Golden Valley City Council Meeting September 15, 2020 Agenda Item 6. D. COVID-19 Pandemic Emergency Administrative Actions Prepared By Tim Cruikshank, City Manager Maria Cisneros, City Attorney Summary The City Manager and City Attorney recommend that the City Council ratify the attached Emergency Administrative Actions that staff has taken since July 21, 2020 in response to the COVID-19 pandemic. The new actions include: •Emergency Administrative Action 20-64 updating the COVID-19 Operations Recovery and Readiness (CORR) Plan. The updated section relates to new procedures for paid on call firefighter recruitment. The updated CORR Plan is on file with the City Clerk and available for review here. Financial or Budget Considerations Not Applicable Recommended Action Motion to ratify Emergency Administrative Action 20-64. Supporting Documents •Emergency Administrative Action 20-64 (1 page) ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following SEPTEMBER 14 1 pm 15 6:30 pm 15 6:30 pm Brookview Golf Course Held Virtually Held Virtually 22 6:30 pm Held Virtually 22 7:00 pm Held Virtually 24 8:30 am 28 6:30 pm 28 7:00 pm Held Virtually 29 2020 Greens Classic Housing and Redevelopment Authority Meeting City Council Meeting Human Right Commission Board of Zoning Appeals Golden Valley Business Council Meeting OSRC Meeting Environmental Commission Meeting Planning Commission Meeting 7:30 pm Held Virtually