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11-09-22 Council Work Session Agenda WORK SESSION AGENDA City Council Work Sessions are being conducted in a hybrid format with in-person and remote options for attending. Remote Attendance: Members of the public may attend this meeting by streaming via Webex (Click here) or by calling 1-415-655-0001 and entering access code 2455 175 3041. Additional information about attending electronic meetings is available on the City website. Pages 1. Tobacco Retail Discussion with Hennepin County Public Health 2-10 2. Human Services Commission Transition to the Community Services Commission 11-18 3. Council Review of Future Draft Agendas 19-20 Council Work Session meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council Work Session meetings and listen to the discussion; public participation is allowed by invitation of the City Council. November 9, 2022 – 6:30 pm Council Conference Room Hybrid Meeting EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley Council Work Session November 9, 2022 Agenda Item 1.Tobacco Retail Discussion with Hennepin County Public Health Prepared By Maria Cisneros, City Attorney Tim Cruikshank, City Manager Summary In October 2019, the City Council adopted a new ordinance regulating retail tobacco sales in Golden Valley. The ordinance included the following regulations: prohibiting the sale of flavored tobacco products, including menthol; raising the minimum purchasing age to 21; prohibiting pharmacies from selling tobacco; prohibiting all free samples and indoor sampling; raising the minumum sale prives of tobacco products from $2 to $3; requiring all liquid nicotine products to have child-proof packaging; requiring all retailers to display signs of minimum purchasing ages; ordering additional compliance checks by GVPD; and limiting the total retail tobacco licenses available in the City to eight. Hennepin County Public Health (HCPH), acting as the City's public health department, assisted City Staff in developing the ordinance and has continued to monitor the impact of the regulations. HCPH staff will present the results of their retail observation visits to Golden Valley retailers, reflect on the policies adopted by the City, and provide information about additional policy options if the City would like to consider further tobacco regulation. Financial or Budget Considerations None. Legal Considerations If the Council wishes to proceed with additional regulations, a new ordinance may be required. The Council may consider including this item in its 2023 workplan. Equity Considerations The City's work to regulate tobacco retail sales fits within the unbiased programs and services pillar of the City's Equity Plan. The City's licensing scheme is unbiased when it supports intentional access to 1 health equity for all regardless of social identity. According to the Centers for Disease Control and Prevention, health equity means that everyone has the opportunity to achieve their greatest level of health, despite social, economic, or environmental factors. In the context of tobacco control, it is well documented that low-income, less educated, and historically disadvantaged groups have a higher burden of tobacco use and poorer tobacco-related health outcomes. In accordance with the City's committment to providing unbiased programs and services, any policy work in this area should assess the proposed policy's impacts across groups with distinct, socially determined characterisics that contribute to tobacco use and avoidable health disparities. Therefore, the timeframe to explore, draft, and implement changes or additions to these regulations should include time and resources to critically assess existing disparities and the efficacy of the proposed policies in mitigating those disparities. Supporting Documents 4 Ps of Tobacco Retail Environment - Golden Valley (7 pages) 2 The 4 P's of the Tobacco Retail Environment City of Golden Valley This report provides data about the tobacco retail environment (or point of sale) specific to the city of Golden Valley, Minnesota. The tobacco retail environment is comprised of brick and mortar stores (or retailers) where tobacco products are marketed and sold. Observation visits (or store audits) were conducted at tobacco retailers licensed by Golden Valley. These visits involved physically going to retailers and documenting what/how tobacco products were marketed and sold in these places. These visits were completed during two different time periods including March 2019 (Time 1) and again in July 2021 (Time 2) to assess change over time and policy implementation success. During these time periods, there were: It is important to understand the tobacco retail environment, as this is where tobacco enters communities, but not where it stays! The visibility and accessibility of tobacco products and tobacco marketing in the retail environment increases tobacco use initiation, makes it harder to quit, and keeps people addicted.A comprehensive approach that addresses the “4 P’s” using a combination of policies along with education and enforcement will help prevent tobacco use. Between Time 1 and Time 2, Golden Valley adopted the following tobacco retail policies:Tobacco 21, flavored tobacco product restriction, minimum cigar pricing, tobacco-free pharmacies, retailer license cap at 8 through attrition, and restricting retailers to commercial zones and at least 500ft from youth-oriented facilities. Information provided in this report can be used for furthering this policy change, informing prevention strategies, and educating the community to reduce the impact of tobacco within Golden Valley! The findings from these visits are addressed in this report using the “4 P’s of marketing” in the retail environment –place, product, price, price promotion. Additionally, mapping data is used to show the density and location of retailers as well as the proximity of these retailers to each other and venues such as schools. Time Period # of licensed retailers # of visits completed March 2019 (Time 1)14 13 July 2021 (Time 2)11 10 Page 13 Why does this matter? Convenience stores have more tobacco marketing materials than any other type of retailer, and youth frequent convenience stores often.2 Tobacco advertising and displays in retailers like this are designed to make products seem more appealing, increase brand recognition, and foil quit attempts.3,4 Ultimately, exposure to tobacco advertising and marketing is associated with increased tobacco use, including youth tobacco initiation.3,4 What can still be done? Communities can advocate for local ordinances that: •restrict the amount of signage allowed on retailer windows and doors, which improves safety and reduces advertising for tobacco products. Place For City of Golden Valley, Minnesota Percent of Retailers with Any Tobacco Products… What is it? Place refers to where tobacco products are sold and how they are made available. The tobacco industry spends a majority of their money in the retail environment. In fact, in 2020, the tobacco industry spent over $8 billion nationwide on marketing and promoting cigarettes and smokeless tobacco in this space.1 Tobacco products are sold in many different types of retailers. The figures below show the percent of each type visited during the most recent visits conducted in July 2021: Convenience store 60% Grocery store 0% Beer, wine or liquor store or bar/restaurant 20% Drug store/pharmacy 0% Tobacco shop 0% Other type 20% The figures below show the percent of retailers visited with exterior tobacco advertising and the placement of tobacco products and advertising inside these retailers: In 2021, the highest percentage of retailers were convenience stores. There is high exposure and access to tobacco products at these places. Percent of Retailers with Any Exterior Tobacco Advertisements 31%in March 2019 20%in July 2021vs. The percent of retailers with outdoor tobacco ads was lower in 2021 compared to 2019. The placement of tobacco products and ads in easy view was not present in 2021. This reduction in tobacco ads and visibility of products can have a positive effect in decreasing youth initiation and helping those trying to quit smoking. Page 2 23 8 15 0 0 0 0 10 20 30 40 50 60 Placed near youth- oriented products Placed in self- service displays Advertised within 3ft. of the floor March 2019 July 2021 4 What can still be done? At the local-level,policies can: •establish minimum pricing for cigarettes; •prohibit retailers from delivering tobacco products or making them available for curbside pick-up; •restrict tobacco sales to “adult-only” establishments. Product For City of Golden Valley, Minnesota What is it? Product refers to tobacco products, such as cigarettes, cigars, smokeless (e.g., chew, snuff, dip and snus), loose tobacco (e.g., roll-your-own), hookah/shisha, e-cigarettes and oral nicotine. The 2019 Minnesota Student Survey (MSS) showed that there was a sharp rise in high school students using e- cigarettes.5 This survey also showed that 45% of 11th grade students surveyed in the Hopkins and Robbinsdale School Districts who use tobacco specifically used flavored tobacco products.5 Why does this matter? The marketing, availability and use of tobacco products disproportionately affects certain populations like young people, minorities, those in rural areas, and low-income individuals. In Golden Valley, •19%of the population are 19 years or younger;8 •20% of the population are people of color with 7%Black, 4% Hispanic/Latino(a), 4% Asian, and < 1% American Indian;8 •15%live below 200% of the federal poverty level.8 Products flavored with menthol make it easier to start and continue using tobacco, especially for youth. For those trying to quit, the availability of tobacco products undermines quit attempts.4,6,7 The figures above and below give the percent of retailers visited selling certain types of tobacco products. Percent of Retailers Selling… Any Flavored Tobacco Products March 2019 92% July 2021 0% In 2021, the availability of flavored tobacco products decreased to 0% from 2019. The policy restricting the sale of all flavored tobacco products in the city, including menthol, has greatly impacted the availability of products attractive to youth and other targeted populations. Percent of Retailers Selling… Page 3 92 92 69 77 62 69 0 70 80 70 40 70 0 20 40 60 80 100 Menthol Cigarettes Cigarettes (non-menthol) Cigarillos or little cigars Smokeless E-cigarettes Large Cigars March 2019 July 2021 5 What is it? Price refers to the customer-facing cost of tobacco products. Nationwide, the tobacco industry spends a majority of its money in the retail environment on price discounts and promotional allowances paid to retailers to keep tobacco products cheap.1 The availability of cigarillos or little cigars, often advertised for less than $1, are particularly attractive to youth.9 Why does this matter? Tobacco products at low prices are associated with higher rates of tobacco use.9, 10 Prices are often lower in certain areas (like those with more minorities and low-income individuals), leading to disparities in tobacco use and tobacco-related health burdens for these communities.11 The figure below depicts the percent of retailers visited selling cigarillos or little cigars as singles and for less than $1. What can still be done? Increasing the price of tobacco products is the number one way to reduce tobacco consumption.9, 12 The city of Golden Valley can take additional action to set pricing standards, such as: •requiring a minimum price for cigarettes; •Requiring a minimum pack size for little cigars; •preventing the redemption of coupons and multi-pack discounts. Price For City of Golden Valley, Minnesota Percent of Retailers Selling… More retailers sold single cigarillos or little cigars in 2021, but none of them sold them for less than $1. This shows the effectiveness of the cigar minimum pricing policy passed in the city, prohibiting cigars to be sold for less than $3. Page 4 56 5662.5 0 0 20 40 60 80 100 Single cigarillos or little cigars Less than $1: Cigarillos or little cigars March 2019 July 2021 6 What can still be done? Prohibiting price promotions reduces consumption, decreases initiation, and increases cessation efforts.9 Pricing and promotions go hand-in-hand. Thus, again, communities can: •restrict price promotions to keep tobacco prices high by preventing the redemption of coupons and multi-pack discounts. Price Promotion For City of Golden Valley, Minnesota What is it? Price promotions (also called discounts) refer to strategies used to reduce the sale price of tobacco products and to entice customers to "buy now and buy more." Examples include multi-pack discounts (e.g., buy-one-get-one deals, pay $X.XX when you buy X amount), cents/dollars-off (e.g.,$1.00 off), special pricing, cross-product promotions (e.g., get a free product with purchase of another) and coupons. Percent of Retailers with Any Price Promotions for… The percent of retailers that had price promotions for tobacco products completely dropped in 2021. The lack of price promotions shows that cheap and discounted tobacco products are not readily available in the city. This can make the products less appealing to price-sensitive consumers such as youth and those with low-income. Page 5 The figure below gives the percent of retailers visited with price promotions for tobacco products: Why does this matter? Price promotions make tobacco products more appealing, accessible, and affordable. Youth are especially price-sensitive consumers, and reductions in price increase the likelihood that they will experiment with tobacco.9 58 0 40 25 N/A 0 0 0 0 20 40 60 80 100 Menthol Cigarettes Cigarillos or little cigars Smokeless E-cigarettes March 2019 July 2021 7 Proximity and Density For City of Golden Valley, Minnesota What is it? Proximity is a measure of the distance of tobacco retailers to each other and other venues. Density is a measure of the concentration or clustering of retailers in an area by a number per 1,000 persons. There is often a greater amount of retailers near schools as well as in certain neighborhoods.9 Why does this matter? The location, density, and type of tobacco retailers in a community can impact both adult and youth tobacco use.13 Young people who live in or attend schools in neighborhoods with a high density of tobacco retailers have higher smoking rates; adults in close proximity to retailers may be less successful in quitting.14, 15 Mapping data can be used to understand these findings. The Store Mapper, a site developed and provided by Counter Tools, was used to determine tobacco retailer density and proximity information. The data and image below is current as of 2020 for Golden Valley. In this city, What can still be done? Reducing the density of tobacco retailers and their proximity to venues are effective strategies. There are several policy options: •implement an endgame strategy prohibiting the sale of all tobacco products at retailers; •restrict tobacco sales to adult-only retailers, like tobacco shops; •further regulate where retailers can be located, such as specifying a minimum distance between retailers (like 1000ft.). This image depicts where retailers are located. The red dots represent retailers. Note the clustering and spread of these retailers in certain areas. The number of retailers in 2020 is a decrease from retailers in 2019. This reduction in retailer density is a positive step toward decreasing access to tobacco products. Youth are less exposed to tobacco products and marketing due to this reduction. This report was created in January 2022. •There are a total of 11 licensed tobacco retailers, compared to 14 in 2019. •The tobacco retailer density is 0.5 retailers per 1,000 residents. •27% (3) of tobacco retailers are within 500 feet of another tobacco retailer. Page 68 Notes and References Inclusion Criteria: Only eligible data is included in this 4 P’s report,which includes retailers that could be visited (e.g., were not closed)and sold tobacco products (any kind)in Golden Valley.Numbers have been rounded to the nearest whole number and all applicable data for each measure (e.g.,menthol cigarettes sold)has been included if available.All retailers did not have something available if 0%is indicated and no data could apply if N/A is indicated. Acknowledgments: The nonprofit organization, Counter Tools, worked with the Minnesota Department of Health and grantees of Hennepin County Public Health to develop this report. The Minnesota Department of Health (MDH) Statewide Health Improvement Partnership (SHIP) funds Hennepin County Public Health to assess the tobacco retail environment in local communities and identify tobacco marketing practices in order to guide tobacco prevention strategies and policies. References: 1)Federal Trade Commission. 2020. Reports on 2020 Cigarette and Smokeless Tobacco Sales and Marketing Expenditures. 2)Sanders-Jackson, Parikh, Schleicher, Fortmann, & Henriksen. 2015. Convenience store visits by US adolescents: Rationale for healthier retail environments. 3)Wakefield, et al. 2006. An experimental study of effects on schoolchildren of exposure to point-of-sale cigarette advertising and pack displays. 4)Wakefield M., Germain, Henriksen. 2008. The effect of retail cigarette pack displays on impulse purchase. 5)Minnesota Department of Health. 2019. 2019 Minnesota Student Survey. Data analyzed by Hennepin County Public Health (in November 2021). 6)Carter OB, Mills and Donovan. 2009. The effect of retail cigarette pack displays on unplanned purchases. 7)Siahpush, et al. 2015. The association of point-of-sale cigarette marketing with cravings to smoke. 8)Minnesota Compass. 2021. www.mncompass.org and 2015-2019 American Community Survey (ACS). 9)U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. 10)U.S. Department of Health and Human Services. 1994. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. 11)Henriksen, et al. 2017. Neighborhood variation in the price of cheap tobacco products in California: Results from healthy stores for a healthy community. 12)Campaign for Tobacco-Free Kids. 2019. Raising Tobacco Taxes: A Win-Win-Win. 13)ChangeLab Solutions. 2019. Tobacco Retailer Density –Place-Based Strategies to Advance Health and Equity. 14)Leatherdale, S.T. & Strath, J.M. 2007. Tobacco retailer density surrounding schools and cigarette access behaviors among underage smoking students. 15)Reitzel, L.R., Cromley, E.K., Li, Y, et al. 2011. The effect of tobacco outlet density and proximity on smoking cessation. For More Information: Hennepin County Public Health hennepinpublichealth@hennepin.us This report was created in January 2022.Page 79 Golden Valley Council Work Session November 9, 2022 Agenda Item 2. Human Services Commission Proposal to transition to the Community Services Commission Prepared By Tim Cruikshank, City Manager Rick Birno, Parks & Recreation Director Brian Erickson, Recreation Supervisor Summary Due to a shortage of applicants to serve on the Human Services Commission (HSC) as well as a shortage of volunteers to serve on numerous City sponsored fundraising events, City Council directed staff to give thought to some ideas on these topics and bring back a new proposal to the Council for consideration. Staff worked with members of the HSC to develop a proposal to better align volunteers and meet the community needs. Key areas discussed included: • Rebranding to Community Services Commission (CSC) • Creating a more efficient operation model to make the commission more appealing to future applicants • Reducing the number of members to serve on the proposed commission • Reducing the number of meeting commitments each year • Maintaining a commitment to funding family service organizations • Staff assuming responsibility of organizing and implementing community fundraising events • HSC would continue in its current form and meet its current responsibilities through 2022 Through this process of reviewing and discussing key elements in the functioning of the HSC, staff is recommending the proposed changes for consideration to amend the current bylaw language to reflect the proposed changes. Staff and representatives from the current HSC will be in attendance at the City Council Work Session meeting on November 9th to discuss the proposed concept. Financial Or Budget Considerations None City Council Work Session Executive Summary November 9, 2022 2 Recommended Action Discussion and Staff direction Supporting Documents • Proposed concept for new Community Services Commission (6 pages) BYLAWS – (Draft for Review) Community Services Commission Article I: Purpose, Mission, and Duties The Community Services Commission (the Commission) exists to support human service needs in the community and recommend action to the City Council regarding funding those needs. With these goals in mind, the Commission will: • review and support the community’s needs for human services • review funding requests and recommend allocating funds for community service organizations that meet the identified needs of the community • provide guidance to staff liaison to develop strategies for funding through charitable gambling proceeds, annual donation letter request, and community event(s) • participate and encourage volunteers from the greater Golden Valley community to support community event(s) Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of four regular members and one voting youth member. Regular members shall be qualified voters and residents of the City. Youth members shall be individuals 21 years old or younger, who live, work, or attend school in the City of Golden Valley, or who attend school in the Robbinsdale Area School District or the Hopkins Area School District. Youth members shall live or attend school within Golden Valley and be enrolled in school grades nine through twelve. A vacancy shall be deemed to exist if a member ceases to meet the residency or school attendance requirements. B. Appointment and Terms Appointments are made effective May 1 of each year. The Council shall appoint four regular members of the Commission for __ year staggered terms. The Council shall appoint youth members for one-year terms at its last meeting in September of each year, effective October 1. The City Council shall appoint the members of the Commission and may fill vacancies for unexpired terms. A vacancy shall be deemed to exist if a member resigns of ceases to meet the membership requirements. Commissioners shall be subject to the term limit requirements in City Code § 2-125. Emphasis for appointments will be based on knowledge of human service needs in the community through participation in community organizations, experience with grant application review, and evidence of personal commitment to the delivery of human and community service needs. Persons involved with agencies or groups that anticipate soliciting funds from the Commission should not seek appointment. The City Council shall appoint the members of the Commission and will fill vacancies for unexpired terms. C. Officers Voting Commission members shall elect officers for Chair and Vice Chair from the Commission membership at a regularly scheduled meeting, (no later than the second meeting after August 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice Chair. Should the office of Chair or Vice Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting for the unexpired term of said office. Chair Responsibilities: • Work with staff liaison to develop meeting agendas. • Conduct and preside at all meetings in a productive and time-efficient manner. • Ensure the Commission conducts its activities within its stated mission. • Appoint Commissioners to subcommittees (if needed). • Monitor and ensure the progress of the Commission. • Report annual funding recommendations to the City Council. Vice Chair Responsibilities: • Perform the duties of the Chair in the absence or incapacity of the Chair. • Perform all other duties as prescribed by the Commission. • Report annual funding recommendations to the City Council. Staff Liaison Responsibilities: • Develop draft of meeting agendas for Chair review. • Develop and distribute grant request applications for funding. • Develop and mail annual donation request letter. • Work with Finance Department for all budget processing and reporting of donations and distributions. • Develop, advertise, and implement annual Run The Valley event. • Secure space and support chair at all commission meetings. • Communicate official regularly scheduled meetings to general public. • Prepare all grant requests for commissioner review. • Prepare report for Chair to be presented to the City Council annually with funding recommendations. Article III: Meetings and Attendance Meetings A. Regular Meetings All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting that has been posted and is open to the public. The presence of a majority of all regular voting members (three) currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion; however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion or there is not a quorum available for the scheduled business. The proceedings of meeting should be conducted using standard parliamentary procedure. The regular meeting of the Commission shall be held on the second Monday of the month at Brookview at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided if proper public notice of the changed meeting is provided. A special meeting may be called by the Chair or whenever three members request the same in writing. Staff shall give notice to each board member, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. [This is repeated under C. Special Meeting below.] General Meeting Schedule: • January – All Commissioners attend Joint City Council/Commission meeting. • August – This is the annual meeting, and officers are elected. Commissioners will review submitted grant applications, review scoring process, and discuss allocation procedures. • September – Review scoring sheets, review grant applications, and determine if any applicants should be invited into a future meeting for an interview. Make initial recommendation for funding. • October – Meeting held only if any grant applicants have been invited to be interviewed by Commission. • November - Commission makes final recommendation for grant allocations to be presented to the City Council for approval. • December – Chair and Vice Chair join staff liaison at City Council meeting for presentation and funding recommendations to the City Council for approval. B. Annual Meeting The Annual Meeting of the Commission shall be a regular meeting, typically the first meeting in August, at which time elections will be held. C. Special Meeting A special meeting may be called by the Chair or whenever three members request the same in writing. Staff shall give notice to each board member, at least three days prior to any special meeting, of the time, place, and purpose of the meeting. Attendance Members are expected to attend all scheduled meetings, including the annual Board and Commission Joint Meeting. Members unable to attend a meeting should contact the staff liaison, who will inform the Chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year and send a standardized letter of warning to any member who has missed: • two consecutive or three total meetings Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances (other than health circumstances) prevent the member from committing to consistently attend future meetings, the member may be asked to step down. If the member’s attendance does not improve after receiving a warning, the Council may take action to remove the member.Because attendance is so important to the work of the City’s Boards and Commissions, the City Manager may ask members to explain the reasons for their absences. If circumstances prevent members from committing to consistently attending future meetings, they may be asked to step down. The City Manager will not ask members to step down if their inability to attend meetings is due to health reasons. If the member’s attendance does not improve within three months after receiving a warning, the City Manager or their designee shall ask the member to step down. If the member chooses not to step down, the Council may take action to remove the member. Article IV: General Operation Rules A. Agency Selection The Commission will make funding recommendations to the City Council based on the applications and presentations (if needed) provided by agencies with making funding requests. Only agencies that meet the standards and criteria set by the Commission will be eligible for selection. All agency selections by the Commission are subject to approval by City Council. B. Eligibility Criteria To be eligible to receive funds, applicants must: • use the funds for a program, project, or service that contributes to the City of Golden Valley and serves clients located in the City of Golden Valley in times of crisis or need • use the funds for programs, projects, or services that cannot be duplicated by a level of government • Use the funds for programs, projects, or services that include cooperation or collaboration between organizations • have operated and delivered services consistently for a minimum of one year, evidenced by an established record of meaningful service use levels and adequate support through financial and/or volunteer contributions • operate on a non-discriminatory basis, according to federal and state laws or Golden Valley ordinances, as appropriate according to the jurisdiction consistent with the applicant’s service area except as provided below • demonstrate that administrative, management, general, and fundraising costs do not exceed 15 percent of revenue in any year for which the applicant has received funding from the Commission without special Commission review (Whenever administrative management, general costs, and fundraising costs exceed 15 percent for a potential applicant, the Commission shall conduct a special review to determine the appropriateness of the particular circumstances which resulted in these costs exceeding 15 percent. If the Commission wishes to allocate funds to an organization after completing the special review, the Commission, together with the applicant, shall agree upon a strategy for reducing these costs within the following fiscal year.) • submit the appropriate application materials by the established deadline C. Use of Funds & Minimum Fund Balance a. Minimum Fund Balance Each October, the City Finance Director will work with staff liaison to calculate the annual Minimum Fund Balance, which shall be equal to one and one-half times the actual operating expenses of the previous calendar year (January 1 through December 31). For purposes of this paragraph, operating expenses means all approved allocations and all Commission costs and expenses related to fundraising from the previous calendar year. Allocation recommendations shall be made so the balance of the fund at the end of each year is greater than or equal to the annually adjusted Minimum Fund Balance. b. Use of Funds The Commission may make allocation recommendations to the City Council provided the following requirements are met: • Each recommended recipient is 501(c)(3) human services agencies whose request meet the criteria of “lawful purpose” pursuant to Min State Statute 349.12, sub-25. Furthermore, funds may be limited to certain groups based on public purpose expenditure rules. • Each recommended recipient agrees to not use the funds for salaries, general operating expenses or capital projects, an individual or individuals, or any organization licensed in the City for lawful gambling operations. • Each recommended recipient meets all the eligibility criteria in Article IV, paragraph B. • The Minimum Fund Balance requirements of this section are met or will be met by December 31 of the calendar year. All allocation recommendations are subject to approval by the City Council. D. Emergency Allocation Recommendations During a local emergency, the Commission may make emergency allocation recommendations to the City Council for consideration provided all the following criteria have been met: • the city has declared a local emergency. • the recommended recipients meet all the eligibility criteria in Article IV, paragraphs B and C above. • the recommended recipients use the funds to provide services that are related to mitigating the effects of the local emergency. • The Minimum Fund Balance requirements of Article IV, paragraph C above are or will be met by the end of the calendar year, or the Council has approved an exception to those requirements (The Council may only approve an exception to the Minimum Fund Balance requirements for emergency allocations, and the Minimum Fund Balance must be restored no later than December 31 of the calendar year following the year in which the emergency allocation is made.) The staff liaison working with the Commission shall verify that these criteria have been met; however, because time is of the essence during local emergencies, the Commission may make recommendations pursuant to this paragraph without requiring agencies to submit application materials. Recommendations made pursuant to this paragraph shall be approved by the Council. E. Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records, and the Minnesota Data Privacy Act. Reports a. Annual Allocation Report By the last regular council meeting of December of each year the Commission and staff liaison shall report fundraising totals and Minimum Fund Balance for the current year as well as fund allocation recommendations for the following calendar year. b. Special Reports The Commission may make special reports to the Council to consider emergency requests or adjustments because of revenue shortfalls, but the Commission must justify the need outside the parameters of the annual allocation report. c. Performance of Duties Commissioners are expected to adequately prepare for and attend meetings. Commissioners unable to complete an assigned task should notify the Commission Chair and staff liaison as soon as possible. The Commission may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant non-performance of duties. Article V: Amendments and Revisions The Commission will review these bylaws at the August meeting every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, if notice of the proposed changes and amendments is provided to each member at least ten business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Review of Future Draft Agendas Meeting & Item Info November 15, 2022 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation New Employee Introductions/Swearing-In & Promotions Ceremony Consent - Licenses Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Perpich Center Easement Agreement Consent - Grants and Donations Approve Funding Agreement for the Toward Zero Death Grant Program - Resolution Consent - Miscellaneous Receive and File Previous Quarter's Financial Reports Approve Interfund Loan for Irrigation System at Brookview Golf Course Public Hearing McDonald's Corporation PUD No. 8, Amendment #2 - 730 Winnetka Ave N Conditional Use Permit No. 174 to allow for Automobile Sales at 650 Ottawa Ave N Old Business New Business Second Consideration Ordinance Amending Master Fee Schedule Second Consideration to Approve Ordinance to Eliminate Licensing for Amusement Devices First Consideration of Ordinance to Amend Language Regarding Term Limits for City Boards and Commissions First Consideration of Ordinance to Transition from Human Services Commission to Community Services Commission First Consideration to Approve Ordinance for Salt Storage at Commercial Facilities First Consideration to Approve Ordinance to Update Stormwater Management Chapter 107 December 6, 2022 HRA Meeting - 6:30 PM Consent Agenda Receive and File Previous Quarter's Financial Reports Public Hearing Old Business New Business Public Comment & Adoption of HRA Budget & Levy December 6, 2022 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Receive/Approve - Human Services Commission Annual Allocation Report Consent - Licenses Cigarette/Tobacco License Renewals Therapeutic Massage Facility & Individual Therapist License Renewals Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Approve Contract for Tree Trimming and Removal Authorize Agreement for the Brookview Bassett Creek Streambank Stabilization Phase 2 (Contractor TBD) Approve Resolution Authorizing a Joint Powers Agreement for the West Metro Home Remodeling Fair Consent - Grants and Donations Annual Grants Report Adopt Resolution Accepting Donation of Land at 1803 Hampshire Lane Consent - Miscellaneous Meeting & Item Info Annual Designation of Polling Places for Upcoming Election Cycle, Resolution Approve Resolution Granting City Council Consent and Authorization for the Housing and Redevelopment Adopted Tax Levy Payable in 2023 Approve Resolution Adopting the 2023-2032 Capital Improvement Program Approve Resolution Adopting the 2023-2024 Budget for Enterprise, Special Revenue and Internal Services Funds Public Hearing Truth in Taxation Hearing Old Business New Business Public Comment and Adoption of the 2023-2024 General Fund Budget and Property Tax Levies for Taxes Payable 2023, Resolutions Second Consideration of Ordinance to Amend Language Regarding Term Limits for City Boards and Commissions Second Consideration of Ordinance to Transition from Human Services Commission to Community Services Commission Second Consideration to Approve Ordinance for Salt Storage at Commercial Facilities Second Consideration to Approve Ordinance to Update Stormwater Management Chapter 107 December 13, 2022 City Council Work Session - 6:30 PM Review Next Year's Legislative Priorities Review Downtown Traffic Study Council Review of Future Draft Agendas December 20, 2022 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Presentation of Bill Hobbs Human Rights Award New Employee Introductions/Swearing-In Ceremony Consent - Licenses Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Consent - Grants and Donations Consent - Miscellaneous Approve Engagement Letter - Auditing Services for Fiscal Year Resolution - Acceptance of Ongoing Donations Set Upcoming Year's City Calendar and Meeting Dates Amend by-laws to transition from Human Services Commission to Community Services Commission Receive and File Downtown Traffic Study Public Hearing 2023 PMP Improvement Public Hearing Old Business New Business