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05-18-10 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 18, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. 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 or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - May 4, 2010 and Council/Manager Meeting - May 11, 2010 B. Approval of Check Register C. Licenses: 1. General Business Licenses 2. Fireworks Permit - Pyrotechnic Display, Inc. for Golden Valley Fire Relief Association Street Dance 3. Solicitor's License - The Fund for the Public Interest D. Minutes of Boards and Commissions: 1. Joint Water Commission - April 7, 2010 2. Human Services Foundation - March 8, 2010 3. Open Space and Recreation Commission - March 1, 2010 E. Bids and Quotes: 1. Miscellaneous Concrete Repair - Quotes 2. F250 Truck - Quotes 3. F550 Medium-Duty Trucks and Equipment - Quotes F. Letters and/or Petitions: 1. Letter from Golden Valley Historical Society Regarding Matching Funds 2. Petition Against Curb, Gutter and Sidewalks on Colonial Drive - 2011 Pavement Management Program G. Authorization to Sign Agreement with Environmental Process, Inc. for 2010 Building Maintenance Projects H. Receipt of April 2010 General Fund Budget Report I. Authorization to Extend Fire Relief Association Street Dance Hours J. Proclamation for Memorial Day Parade - May 31 K. Board/Commission Appointments and Reappointments L. Call for Public Hearing - Platted Drainage and Utility Easement Vacation - 125 Edgewood Avenue North - 6/15/10 10-28 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Issuance of Revenue Bonds - Local Government Information Systems (LOGIS) 10-29 B. Public Hearing - Ordinance #439 - Conditional Use Permit 128 - 5530 Golden Valley Road - Katie Doyle, Peaceful Valley Montessori Academy, Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. Authorizing Issuance, Awarding Sale, Prescribing Form and Details and Providing Payment of: $3,845,000 General Obligation Improvement Bonds, Series 201 OA 10-30, and $685,000 General Obligation Equipment Certificates of Indebtedness, Series 2010B 10-31 B. On-Sale Wine, Strong Beer and Sunday Sale Liquor License - Nong's Thai Cuisine LLC C. Ordinance #440 - Interim Ordinance Imposing a Twelve Month Moratorium - Portion of Douglas Drive Corridor - Block 1 and 2, Expressway International Park D. Announcements of Meetings 1. Reset Council/Manager Meeting Date E. Mayor and Council Communications 7. ADJOURNMENT alley M m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. hlley M m nd m Inspections 763-593-8090 I 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathy Pepin and Jill Lund, Administrative Assistants Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4471 Menard's #3027 6800 Wayzata Boulevard Fireworks $100.00 #4477 Baldy Sanitation 5906 Henry Street 1 Refuse Vehicle $50.00 #4475 Aspen Waste Systems 2951 Weeks Avenue S.E. 11 Refuse Vehicles $550.00 #4479 Michael P. Hall 3119 - 150th Lane N.W. 4 Refuse Vehicles $200.00 #4476 Allied Waste Services 9813 Flying Cloud Drive 13 Refuse Vehicles $650.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Public ~U~Y e n Fire Department 763-$93-8055/763-512-2497 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. C. 2. Fireworks Permit - Pyrotechnic Display, Inc. for Golden Valley Fire Relief Association Street Dance Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Pyrotechnic Display, Inc. has requested permission to discharge aerial fireworks at the Golden Valley Fire Relief Association Street Dance at 10 pm on June 19, 2010. The Street Dance will be held at the Chester Bird American Legion, 200 North Lilac Drive. The location proposed for discharging the fireworks is on the Breck School baseball field. Breck School has submitted a letter authorizing the use of their property. The fireworks display company and the Golden Valley Fire Relief Association will be responsible for cleaning up the debris from the fireworks. Recommended Action Motion to approve the fireworks display permit for Pyrotechnic Display, Inc. to discharge aerial fireworks at the Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on June 19, 2010. alley e 0 d m City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. C. 3. Solicitor's License - The Fund for the Public Interest Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for The Fund for the Public Interest. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ So 7800 Golden Valley Road Number. of Persons: (0 Golden Valley, MN 55427 Type of license Requested: ~fiUhy- Enclose the sum of $ S' 0 for " (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. ---rlI\e.. ~ V\ ct -Gy -hll.e P\A. io \ i L 111\1 <-v -e s t- (Business or Individual Name or Organization to be Licensed) 01' qOb (h (1; (MN Business 10 or FEIN (Federal 10) for business licenses) Define Business N OV\ Pyo {;, {- (Corporation, Proprietbrship, Partnership, Non-Profit, State of Incorporation or Individual) ~17- I?l~ S""1V\ S~ SE. 1~IA'i+e. ~, {\;'\lV\vU'~fDl'lSJ [V\N;Sa3LtIt..f (Address, including City, State and Zip Code) ( (p(z-) '578 - 80+~ (Telephone Number, including Area Code) NOW, THEREFORE, CY'-Vl'\.~~"1\:-\k,,- c k e<.clw ~ ( L hereby makes application for the . (Applicant Name) period of t; it} 201 12'1lirough 6/3012.o/g subject to the conditions and provisions of said City Code. (~:6l~~~ Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, atta~h additional sheets (be specific): So \\ <...i +, 'J l'\iIel'vd::,<?-,rshl pS C\........a C." v':1v- I bLA""t I 0 v" 5 NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: ((AvY\LA~ c,ketdW1CIL-, \.~13 6~ Sf S-~ s~-t~ 31/ , ~"~'~V\RctfO~S.; MI--J,l S-S-4-IL{), ((01':') '31 ~-BBY-0 (~1. ;: v.. S ~ D 11M" c.tvr W d l VlAt:~ (V\.+c. \ V"'- l, s-r- of J}-C-D l (,c ' I (If more space is needed, attach additional sheets) STATE OF mlnnesD1~J ,) ss. COUNTY OF !+en ne.p /'-) I, c; f" Vh c.. VI. i k,A Ck~) Wi ((L--" (Officer/Individual) of~ ~~~ f-i~ Pd,l. C- k~,*- (Name 0 Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on inform~ a.'f n . be belief1"d as to such matters, he/she believes them to be true. ( ~ . ] . (Sig ure of Applicant/Principal Officer) Subscribed and sworn to before me this f1-- II day of ~arr I 20 I D . 11 ef2d ~ ':-1'-~ .' (Signature) , . JUDITH A. NALLV I NOTARY PIBJC.MINNESOTA life-I' . IIE1p11t1-.I1.1011 . JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of April 7, 2010 The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to order at 1 :30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Paul Coone, Operations Manager, New Hope Bernie Weber, Utilities Maintenance Supervisor, New Hope Tom Mathisen, Director of Public Works, Crystal Jeannine Clancy, Director of Public Works, Golden Valley Randy Kloepper, Utility Supervisor, Crystal Minutes of January 13, 2010 MOVED by Norris seconded by McDonald and motion carried unanimously to approve the minutes of the January 13, 2010 meeting. Receive and file minutes from the Water Advisory Board MOVED by Norris seconded by McDonald and motion carried unanimously to approve the minutes from the April 28, 2009, June 25,2009, August 27,2009 and December 9,2009 Water Advisory Board. Clearwire Services on New Hope Water Tower MOVED by Norris seconded by McDonald and motion carried unanimously to approve Clearwire Services locating their equipment on the New Hope Water Tower located at 2801 Hillsboro Avenue North, New Hope, Minnesota. Update on Grouting and Sealing Vault at Reservoir A quote from Infratech was received for sealing the grout at the reservoir the project costs would be less than $1500.00. MOVED by Norris seconded by McDonald and motion carried unanimously to approve Infratech sealing the leaks on the reservoir. Joint Water Commission Page 2 of 2 Update on Air Conditioning Unit For Pump House Different options will be explored for the cooling of the pump house. One option would be the rental of a temporary cooling unit and the other option would be for a permanent cooling unit. Lemke will look into the cost and report back at the next JWC Meeting. Reconstruction of CSAH 9 (Lake Drive) between Lakeview and Victory Memorial Parkway. Robbinsdale (scheduled 2013-2014) A detailed scope of work regarding the 36" watermain located on Lake Drive will be prepared to determine what the cost would be for consultants to create a computer model to determine the cost for replacing, downsizing or for protecting the pipe during the reconstruction of Lake Drive. Next Meeting The next meeting will be May 5, 2010. Adjournment The meeting was adjourned at 2:10 pm. Thomas D. Burt, Chair ATTEST: Christine Columbus, Administrative Assistant Golden Valley Human Services Foundation (GVHSF) Meeting Minutes March 8, 2010 Present: Dan Blumb, Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Diane Nimmer, Connie Sandler, and Toots Vodovoz. Also present Councilmember Mike Freiberg and Jeanne Fackler, Staff Liaison. Not Present: Gloria Johnson, Chris Monroe and Steve Schumacher. Call to Order: Chairman Blumb called the meeting to order at 6:35 p.m. January 11 minutes: Erickson moved and McGhie seconded the motion to approve the minutes of January 11. The motion passed unanimously. Golden Valley Foundation - An overview of the new Foundation was given by Blumb. Discussion by members brought up the following concerns/questions: -How does the GVHSF fit into the new Foundation? -Should there be more than one "Foundation" in the city? Could be confusing for residents. -Should GVHSF change their name? -GVHSF needs to have representation on the committee -An agreement about current sponsors should be discussed -Blumb, Nimmer and Sandler volunteered to be on the organizational committee Councilmember Freiberg thanked the members for their input. Run the Valley - April 10: Fackler gave an overview of the event, sponsor and volunteer update. McGhie reported on the Marketing and Publicity that has been done for the event. Sandler offered to contact Pilgrim Cleaners for safety pins. Tasks for the race were discussed. Fackler will send assignments to members. Calendar Review: Run the Valley - April 1 O. Golf Classic - July 16. The date has been changed by request of the golf course. Taste of Golden Valley - November 10. The Metropolitan has been put on hold for this date. Other Business: Fackler passed out the current roster. No changes from members. Members felt they should be at Valley Days and distribute information about the GVHSF, the golf tournament and Taste of GV. Fackler will ask the Communications Department to prepare "save the date" cards for these events to distribute at Valley Days. Adjournment: Heilicher moved to adjourn the meeting, Sandler seconded the motion. The meeting was adjourned at 8: 15 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes March 1, 2010 1. Call to Order Sandler called the meeting to order at 7:00 p.m. 2. Roll Call Present: Kelly Kuebelbeck, Bob Mattison, Anne Saffert, Jerry Sandler, Dan Steinberg and Jim Vaughan, Rick Jacobson, lJirector of Parks and Recreation; Andy Soltvedt, Recreation Supervisor; and Pat Dale, Golden Valley Little League. Roger Bergman, Ken Graves and Emily Piper. Absent: 3. Agenda Changes or Additions None made. 4. Approval of Minutes - January 25, 2010 MOVED by Vaughan and seconded by Saffert to approve the January 25th meeting minutes. Motion carried unanimously. 5. Athletic Field Grant Program Jacobson gave an overview of the grant program and details on the first cycle of the 2010 Youth Sports Program Grants totaling $2.4 million. Discussion focused on the addition of two fields at the Honeywell Little League site. They also discussed other factors that may be included in the construction, such as: additional parking at or near the site, additional sidewalks as needed, ADA accessibility, and the addition of a storm water mitigation pond near the site. After discussion, the following motion was made: MOTION: MOVED by Mattison and seconded by Steinberg to recommend to the Council to re-submit the Youth Sports Grant proposal, which if funded, would allow for the construction of two additional fields at the Honeywell Little League site. Motion carried unanimously. 6. Recreation Report - Andy Soltvedt Soltvedt told the Commission he had 40 teams in his Youth Basketball program, which is run in cooperation with Crystal and St. Louis Park. Of those, 214 youth were from Golden Valley alone. He said open gyms at Davis Community Center have been well attended with 600 participants both January and February. Soltvedt said the 2010 Spring/Summer Activities Brochure is at the printer and will arrive at the homes this week and next. Registration begins March 18th. He said Golden Valley is continuing its partnership with Twin City Tennis Camps and offering many great programs this spring and summer. Soltvedt announced that ten Concerts-in-the-Park are scheduled this summer at Brookview Park. 7. Adjournment MOVED by Mattison and seconded by Vaughan to adjourn at 8:45 p.m. Motion carried unanimously. alley M m d m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. E. 1. Award contract for the 2010 Miscellaneous Concrete Repair Project, City Improvement Project No. 10-3 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Bids for the 2010 Miscellaneous Concrete Repair Project, City Improvement Project No.1 0-3, were opened on May 10, 2010. The following bids were received: Engineer's Estimate $66,855 $67,621 $103,050 $87,500 Ron Kassa Construction, Inc. Create Construction, LLC Concrete Idea, Inc. The project provides for repair of concrete facilities throughout the City. The project is funded through the City's 2010 General Fund Engineering Budget (Concrete Repair, page 50), Municipal State Aid Maintenance Fund (S-017, page 79), and the Utility Maintenance Fund (Water Maintenance, page 78). Ron Kassa Construction, Inc. has performed work on City miscellaneous concrete repair projects for several years. In past years, the company has been flexible to respond quickly to the City's needs, their work has been acceptable, and they have warranted their work without question. Recommended Action Motion to award the bid for the 2010 Miscellaneous Concrete Repair Project to the lowest responsible bidder, Ron Kassa Construction, Inc., in the amount of $66,855. alley Me 0 n m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. E. 2. Purchase One Ford F250 Pickup Truck Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The 2010-2014 Capital Improvement Program includes $28,000 for the purchase of one pickup truck, equipment, and setup (V&E-063, page 35). The pickup truck budget allows $28,000 for the purchase and setup of a pickup truck for the Public Works Department, Street Division. The replaced pickup truck meets replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and above meets the category of "Needs Immediate Consideration." The pickup truck due for replacement scored 28 points The purchase will be made under the State of Minnesota Light Truck Contract 443070, Midway Ford. The contract is on file in the Vehicle Maintenance Division. The Minnesota Materials Management Division has awarded the following contract: Contract No. I Item I Vendor Amount 443070 I Ford F250 I Midwav Ford $24,588.49 Transit Improvement Excise Tax 20.00 TOTAL PURCHASE $24,608.49 Recommended Action Motion to authorize the purchase of one Ford F250 pickup truck from Midway Ford for $24,608.49. alley randum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. E. 3. Purchase Four Ford F550 Cab and Chassis Trucks and Equipment Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The 2010-2014 Capital Improvement Program includes the following for the purchase of the following four Ford F550 Cab and Chassis trucks, equipment, and setup: Department or Division Park Division Street Division Fire Department Utilities Division Descri tion Dump TruckfTrash Com actor Dum Truck Rescue Vehicle Dum Truck Bud et $118,000 $72,000 $100,000 $72,000 Reference V&E-026, a e 26 V&E-032, pa e 27 V&E-045, pa e 30 W&SS-017, a e 99 The trucks scheduled for replacement meet replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of "qualifies for replacement," 28 points and above meets the category of "needs immediate consideration." The Park and Street Divisions and Fire Department trucks scored 28 points. The Utilities Division truck scored 26 points. The truck purchases will be made under the State of Minnesota Light Truck Contract 443069, Midway Ford. Equipment on the state contract will be purchased through contract and the equipment not on the state contract will be low bid purchase through quotations. State contracts and quotes are listed below. Contracts and price quotes are on file in the Public Works Department. Trucks The Minnesota Materials Management Division has awarded the following contract to Midway Ford for the Ford F550 Cab and Chassis: Contract No. Item Vendor Amount 443069 Ford F550 (Park) Midway Ford $37,358.38 443069 Ford F550 (Street) Midwav Ford $37,358.38 443069 Ford F550 Crew Cab (Fire) Midway Ford $45,896.70 443069 Ford F550 (Utilities) Midwav Ford $37,358.38 Transit Improvement Excise Tax ($20 per truck) $80.00 Document Fee $300.00 TOTAL PURCHASE $158,351.84 Hook Lifts The Minnesota Materials Management Division has awarded the following contract to ABM Equipment for the hook lifts: Contract No. I Item I Vendor I Unit Price Amount 442338 I 3 Hook Lifts (Park, Street, & Utilities) I ABM Equipment I 23,200.00 $69,600.00 Tax $4,785.00 TOTAL PURCHASE I $74,385.00 Trash Compactor The trash compactor is not on the Minnesota Materials Management Division contract. Quotes were solicited for the purchases of the trash compactor. Listed below are the quotes received: Vendor Item Amount Tax Total ABM Equipment 2010 Loadmaster Elite 6 Yard trash $48,860.00 $3,359.13 $52,219.13 compactor (Park) EJ Equipment 2010 Loadmaster Elite 6 Yard trash $49,460.00 $3,400.38 $52,860.38 compactor Truck Boxes The truck boxes are not on the Minnesota Materials Management Division contract. Quotes were solicited for the purchases of the truck boxes. Listed below are the quotes received: Vendor Item Unit Price Amount Tax Total ABM Equipment 2 - 9' Contractor Boxes with $5,720.00 $11,440.00 $786.50 $12,226.50 36" Hook and Fold Down Sides ABM EQUIPMENT TOTAL PURCHASE PRICE $12,226.50 Alloy Welding & 2 - 9' Contractor Boxes with $5,600.00 $11,200.00 $770.00 $11,970.00 Manufacturing 36" Hook and Fold Down Sides (Street & Utilities) ALLOY WELDING & MANUFACTURING TOTAL PURCHASE PRICE $11,970.00 Flat Beds The flat beds are not on the Minnesota Materials Management Division contract. Quotes were solicited for the purchases of the flat beds. Listed below are the quotes received: Vendor Item Unit Price Amount Tax Total ABM Equipment 1 - 10' Flat Bed $4,190.00 $4,190.00 $288.06 $4,478.06 ABM Equipment 1 - 8' Flat Bed $5,080.00 $5,080.00 $349.25 $5,429.25 ABM EQUIPMENT TOTAL PURCHASE PRICE $9,907.31 Alloy Welding & 1 - 8' Flat Bed (Street) $3,000.00 $3,000.00 $206.25 $3,206.25 Manufacturinq Alloy Welding & 1 - 10' Flat Bed (Utilities) $2,600.00 $2,600.00 $178.75 $2,778.75 Manufacturing ALLOY WELDING & MANUFACTURING TOTAL PURCHASE PRICE $5,985.00 The quote totals for each departmenUdivision are as follows: Description Park Street Fire Utilities Cab & Chassis $37,358.38 $37,358.38 $45,896.70 $37,358.38 Trash Compactor 52,219.13 Transit Improvement Excise Tax 20.00 20.00 20.00 20.00 Document Fee 75.00 75.00 75.00 75.00 Hook Lift 23,200.00 23,200.00 23,200.00 Hook Lift Tax 1,595.00 1,595.00 1,595.00 Truck Box 5,600.00 5,600.00 Truck Box Tax 385.00 385.00 Flat Bed 3,000.00 2,600.00 Flat Bed Tax 206.25 178.75 15,376.00 Previously Approved Amounts 1,057.10 TOTAL $114,467.51 $71,439.63 $62,424.80 $71,012.13 Recommended Action Motion to authorize the purchase of the following items: a. Four Ford F550 cab and chassis trucks from Midway Ford for $158,351.84. b. Three hook systems from ABM Equipment for $74,385.00. c. One trash compactor from ABM Equipment for $52,219.13. d. Two truck boxes from Alloy Welding & Manufacturing for $11,970.00. e. Two flat beds from Alloy Welding & Manufacturing for $5,985.00. 2009-2010 'Board of Virectors Xennetli Huber President Nancy J'lzzam 'Vice President Vana(d Anderson Secretary Joanie Clausen I'reasurer Harriet 'BetzoW Virector Jerry 'Bretli Virector Jolin Co(we(( Virector 'Betty Crews Virector Jon Horkey Virector y(oria Jolinson Virector Xudl :Martignacco Virector Van :Minor Virector Ly(e :Mottinger Virector XDbert Provost Virector Past President Catliy 'Wa(dliauser Virector :Mike J'reiberg City Counci( Xeyresentative Virector (jo[tfen Ya[[ey J-{istorica[ Society 7800 (jo{den Ya{{ey 'Roac[, (jo{(fen Ya{{ey, Minnesota 55427 APR 30 2010 April 30, 2010 Mayor Linda Loomis City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear Mayor Loomis, I am pleased to write and tell you that the members and friends of the Golden Valley Historical Society have contributed money to match the $5,000.00 of the City Council. Actually as of today the matching total is 104% of the grant sum. Thus, I am requesting that you forward the check to the Golden Valley Historical Society. We thank you and the members of the City Council for your long time support of the Society and its mission to find, preserve and educate the citizens of the community of the heritage of the Village/City of Golden Valley. Sincerely, ~~ Kenneth Huber, President CC: Sue Virnig, Director of Finance City of Golden Valley Bey M m n Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. F. 2. Receive and File Petition Against Curb, Gutter, and Sidewalks on Colonial Drive 2011 Pavement Management Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Public Works staff has received a petition, circulated by Arnold Leonard of 5212 Colonial Drive, against curb, gutter, and sidewalks on Colonial Drive. A copy of the petition is attached to this summary for reference. Colonial Drive is part of the proposed 2011 Pavement Management Program (PMP), which is currently in the design phase of project development. Open houses were held for this project on May 5 and 6, 2010. Fourteen (14) of the nineteen (19) properties have signed the petition. The City Council approved modifications to the Pavement Management Policy at its January 20, 2009 meeting to require that the design of streets subject to reconstruction will include concrete curb and gutter. The City of Golden Valley Sidewalk and Trail Plan does not include any pedestrian facilities within the 2011 PMP. In addition, as directed by the City Council, past practice regarding petitions related to public improvement projects has been that all petitions must be prepared by City staff. The intent of this practice has been to allow affected property owners an opportunity to express their opinions regarding issues in an unbiased environment, and to ensure that any petitions are prepared according to appropriate state laws. The subject petition has not been prepared by City staff. Staff will be prepared to discuss this petition with the City Council at a future Council/Manager meeting. Attachment Petition against curbs, gutter and sidewalks on Colonial Drive (2 pages) Recommended Action Motion to receive and file petition against curb, gutter, and sidewalks on Colonial Drive. Arnold S. Leonard, M.D., Ph.D. 715 Florida Ave South #305 Golden Valley, MN 55426 612-341-9498 (phone) 612-341-2659 (fax) Leona002~umn.edu City Engineers, City Manager 7800 Golden Valley Road Golden Valley, MN 55427 RE: Petition against curb, gutter and sidewalks on Colonial Drive I am representing the families of Colonial Drive who have signed this petition. It has come to our attention that in 2011, Colonial Drive is going to .. be redone with new curbs, gutters, and possibly sidewalks. Our neighborhood is uniformly against this for the following reasons. Colonial Drive is a dead end street with minimal traffic. The street has been used for over 50 years to walk on during the day, and in the evening to enjoy the Bowers in the front yards, and the scenery and wildlife along the road. It would be superfluous to spend so much money on a dead end street with low traffic use, especially since over 1/3 of Colonial Drive is scenery and wooded areas. Our neighborhood is uniformly against this proposal and many residents have lived here for over 50 years and have Torrance property . Thank: you for taking this under consideration. Sincerely Yours, . i /:';;-" /.1;/ // '. LJfj!(l.J:(;G</".","-tJt ? -,,-7 M.D ., Ph~D. i/.....'. / ,,#.,-, 1/';;; 1. b 2.}~ A.1i~Gf:tt/h !7'J.- 'd- ~?Jl/ 6. 3. 4. 5. ~ 5;).. Z ( e (j L 0 fJ i r+L_ ~ IQJ \{!J C 0 i-::lJ lM,} d[ M \ It'\ r s\\$) .?-r" ',. -; .::.:;;)~i..A,- C~l,O ~\"L $R, &-V, II << /1 9. 11. , ~ . \ O'v-- c.{.; I e-l\.Aa., ( /)i/; ./ Co. j5~ />t// vi? 12. .~~ , J' , I] .~ 13. lc-l.i .\.\ ~ \ \ ~\I 0 \,- d ) 14. 11Y~~L-a-..____ 15. .41A--- iJ Q Ii:?~rj 16. IQ'Z-' l U{J l brut' p.,!~ .~ LW It (( Sf'll C\Jt~d 0/1. 17. 18. 19. 20. 21. 22. Hey M 0 ndu Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. G. Authorization to Enter into a Contract with Environmental Process, Inc. for Professional Services for the 2010 Building Maintenance Projects Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary The 2010-2014 Capital Improvement Program includes funding for the following building maintenance projects: 1. Fire Station #2 Emergency Generator in the amount of $65,000 (B-012, page 50). 2. Exterior Maintenance/Repairs including caulking, sealing windows, tuck pointing, and flashing repair to the estimated amount of $215,000 at Public Safety, Park/Street Maintenance, Vehicle Maintenance, and Community Center (B-025, page 52). 3. Golf Maintenance building infrared radiant heat replacement in the amount of $45,000 (B-034, page 53). A professional services agreement from Environmental Process, Inc. (EPI) is attached for Council consideration to provide professional services for design, preparation of multiple bid packages, and construction observation for all of the above listed projects in an amount not to exceed $40,800. Attachments Professional Services Agreement from EPI for Architectural, Engineering, and Environmental Services, dated April 19, 2010 (21 pages) Recommended Action Motion to authorize entering into an agreement for professional services with EPI for the 2010 Building Maintenance Projects at an estimated cost of $40,800. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 19th day of April, 2010, by and between the City of Golden Valley, hereinafter referred to as City, and Environmental Process, Inc. (EPI), hereinafter referred to as Consultant, with offices located at 715 Florida Avenue South, Suite 111, Golden Valley, Minnesota 55426. . SECTION 1 / GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. Witnesseth, that the City and Consultant, for the consideration herein named, agree as follows: SECTION 6/ EXHIBITS The following initialed Exhibits are attached to and made a part of this Agreement: ' SECTION 2 / SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit C. The work and services to be performed hereunder and descnoed in Exhibit C shall be referred to herein and in the General Contract Previsions as the Project. SECTION 3 / COMPENSATION Compensation to Consultant for services described in this Agreement shall be as designated in the attached Exhibit D and as hereinafter described. SECTION 4 / WORK SCHEDULE The anticipated schedule is set forth in Exhibit C. SECTION 5/ SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD GOLDEN VALLEY, MN 55427 BY: Linda R. Loomis SIGNATURE: TITLE: Mavor BY: Thomas D. Burt SIGNATURE: TITLE: City Manager ADDRESS: X Exhibit A General Contract Provisions X Exhibit B Definitions X Exhibit C Scope of Work X Exhibit D Compensation X Exhibit E Insurance Schedule X Exhibit F Rate Schedule SECTION 7 / ACCEPTANCE OF AGREEMENT All work and services described in this Agreement shall be performed by Consultant only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this Agreement and Consultant is hereby authorized to perform the services described herein. CONSULTANT: ENVTRONMENTAL PROCESS, INC. ADDRESS: 715 FLORIDA AVE. S., SUITE 111 GOLDEN VALLEY, MN 55426 ::GN:~4fJ. ~ TITLE: President / CEO ProfessionaLSendces..AgreemenL ____ _ __ _ u_ ----n-------Eage-l-of-9~-------- _~___~~__ EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE I - GENERAL These general contract provisions are incorporated in and become a part of the Agreement to which it is attached between LHB, Inc., hereinafter referred to as Consultant, and _ the other party to the Agreement, City of Golden Valley, hereinafter referred to as City, wherein the City engages the Consultant to provide certain services more particularly described in Exhibit C, Scope of Work. Either party may be hereinafter referred to as party or, collectively, parties. The starting date will commence when authorized by the City. ARTICLE 2 - CHANGED CONDITIONS If the Consultant determines that any services it has been directed or requeste4 to perform are beyond the scope as set forth in Exhibit C or that, due to changed conditions or changes in the method or manner of administration of the Project, the Consultant's effort required to perform its services under thiS Agreement exceeds the estimate which formed the basis for the Consultant's compensation, Consultant shall promptly notify - the City of that fact. Additional work and additional compensation for such work, and the extension of time for completion thereof,shall.besetfOl'th-ina supplemental Agreement entered into by the parties prior to proceeding with any additional work or related expenditures. Such supplemental Agreement shall be incorporated in and become a part of this Agreement. ARTICLE 3 -TERMINATION The City may by written notice terminate the Agreement or any portion thereof when it is deemed in the City's best interest to do so or the City is unable to adequately fund payment for the Agreement because of changes in State fiscal policy, regulation or law. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the City pursuant to Article 4. All provisions of this Agreement allocating responsibility or liability between the City and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 4 - REUSE AND DISPOSmON OF INSlRUMENTS OF SERVICE During the course of the work, the Consultant shall (if requested,) make available to the City copy (ies) of the Instruments of Service. At the time of completion or termination of the work, the Consultant shall make such Instruments of Service available to the City upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the City's obligation under this Agreement and such Instruments of Service shall become the property of the City. Any use or re-use of such Instruments of Service by the City or others without written verification or adaption by the Consultant except for the specific purpose intended will be at the City's risk and full legal responsibility. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant hann1ess from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthomed reuse or modification of these Instruments of Service by the City or any person or entity that acquires or obtains the reports, plans and specifications from or through the City without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall cause any contract for work between Consultant and a third party for work under this Agreement to contain the terms and provisions of this Article 4 relating to the Instruments of Service created by such subcontractor. ARTICLE 5 - AGREEMENT As used herein Agreement means: (1) The Agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental Agreement, where applicable. As to superseding effect, the attached exhibits shall govern over these general provisions, and the supplemental Agreement, where applicable, shall govern over attached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Consultant and City. The Agreement supersedes all prior written or oral understanding and may only be amended, supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 6 - RESPONSmlllTIES A. In order to permit the Consultant to perform the services required under this Agreement, the City shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: 1. Provide available information as to its requirements for the Project 2. Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project, (such as review of insurance certificates, bonding clarifications and legal questions regarding property acquisition or assessment). 4. Notify the Consultant whenever the City observes or otherwise becomes aware of any defect in the Project. 5. The Golden Valley City Council or a person or persons designated, shall act as City's representative with respect to the services to be rendered under this Agreement. The City's representative shall have the authority to transmit and receive instructions and information and to interpret and define the City's policies with respect to services rendered by the Consultant. 6. Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, probings and sub- surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. 7. Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as City deems necessary for such examinations and render in writing decisions pertaining thereto within reasonable times so as not to delay the performance by the Consultant of the services to be rendered pursuant to this Agreement. 8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the ConSultant of any work on the Project. 9. Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. 10. Where available provide other services, materials, or data as may be set forth. 11. Bear all costs incidental to compliance with the requirements of this article. Ii. Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. B. Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the City or others employed by the City. Consultant shall endeavor to verify the information provided and shall promptly notify the City if the Consultant discovers that any information or services furnished by the City is in error or is inadequate for its purpose. Exhibit A - General Contract Provisions Page 2 of 9 ARTICLE 7 - OPINIONS OF COST Opinion, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Consultant's experience and quaIifications and represent the Consultant's best judgment as an experienced and qualified professional design finn. The parties acknowledge, however, that the Consultant does not have control over.the cost of labo~, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work of necessity must be speculative until completion of construction or acquisition. Accordingly, the Consultant does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the Consultant. ARTICLE 8 - INSURANCE Consultant has procured insurance in the types and amounts set forth in Exhibit E, and shall cause any work subcontracted to a third party to be completed under a subcontract requiring the procurement of insurance in the types and amounts set forth in Exhibit E. The Consultant further agrees to furnish certificates of the insurance set forth in Exhibit E to the City, naming the City as an additional insured, nor later than ten (10) days after execution of this A~efit and will provide the City with written notice ten (10) days prior to cancellation of the policy or any material change in the coverage period. ARTICLE 9 - ASSIGNMENT This Agreement, intended to secure the service ofindividuals employed by and through the Consultant, shall not be assigned or transferred without written consent of the City. ARTICLE 10 - CONnOllING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 11 - NON-DISCRIMINATION Consultant will cotuply with the provisions of applicable Federal, State and LocaI Statutes, Ordinances, and Regulations pertaining to human rights and non-discrimination, and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article 11 herein. ARTICLE 12 . CONFUCT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or foIlowing the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutual1y agree otherwise. ARTICLE 13 . CONFIDENTlALIlY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a COurt, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14 LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant and/or his authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare-a--platiindieatirig the loCations intended for subsurface penetrations with respect to. assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research may not identify all underground improvements and that the information upon which the Consultant relies may contain errors or may not be completed. The City agrees, to the fuIlest extent permitted by law, to waive all claims and causes of action against the Consultant and anyone for whom the Consultant may be legally liable, for damages to underground improvements resulting from subsurface penetration locations established by the Consultant, except that the City does not release the Consultant, its principals, employees, agents and consultants from negligence which causes damage to underground improvements resulting from subsurface penetration locations established by the Consultant. ARTICLE 15 . REVIEW It is understood and agreed by the Consultant that the City, through its authorized agents shall be the sole and final judge of the fitness of the work and its acceptability, and no payment shall be made to the Consultant hereunder until the work shall have been found acceptable by the City through its authorized agents. The Consultant shall be liable for any work done by a subcontractor for services rendered under this Agreement. The City shall be entitled to pay any such subcontractor directly in its own discretion. ARTICLE 16 . INDEMNIFICATION The-ConsuIcm:r agrees, to the fiilleilt extent peririittedby law, to indemnify and hold the City, their elected officials, officers, agents and employees harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the provision of services, errors or omissions in the performance of professional services under this Agreement and those of Consultant, sub consultants or anyone for whom the Consultant is legally liable. The City agrees to the ful1est extent permitted by law, to indemnify and hold the Consultant harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City's negligent acts, errors or omissions and those ofhis or her contractors, subcontractors or consultants or anyone for whom the City is legalIy liable, and arising from the project that is the subject of this Agreement. Exhibit A - General Contract Provisions Page 3.of 9 EXIDBIT B DEFINITIONS B.l "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. B.3 "IIMPROVEMENT PROJECT" means public improvement projects authorized by the City . and paid for with public funds. BA "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form), prepared by Consultant and its subcontractors of this project. Exhibit B - Definitions Page 4 of9 EXHIBIT C SCOPE OF WORK SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS See Attached 2010 Scope Letters dated: C-l: April 19, 2010 C-2: April 19, 2010 C-3: April 19, 2010 C -4.u L"J;1J..(1 19, JQl Q Exhibit C - Scope of Work Page 5 of9 Environmental Process, Inc. 715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700 Phone: 763-398-3040 . Fax: 763-398-0121 . email: epimo1s@Xconnect.com. www.go-epi.com . ..,.. .:)... . . - - .... ' . ." . ..", .. . -.. ., .. - -. ... . . . '. . ......,.. . ........:......:.'.......................,.........p.......................,...,...........1....:..."..,.... ", :.... . ,'. .... ,', .. ..... . ..... . . . ......... ...... .... .-'.. -,-. ._,- " . .. .... - '.,.. .. _. d' .... .. " ..... April 19,2010 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: City of Golden Valley - 2010 Scope of Work C-1 Fire Station #2 - 2010 Emergency Generator ProposafforATchitectmiT, Engineenng;a:ndEnvironmental Services EPIFile No. 2010-152 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the installation of an Emergency Generator at the City of Golden Valley Fire Station #2 located at 400 Turners Crossroad South, Golden Valley, Minnesota. Weare familiar with the Fire Station #2 building as we were the Architect and Engineer of Record for. previous projects and also prepared the Emergency Generator Feasibility Report in 2008 for the Fire Station #2. 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for the installation of an Emergency Generator. This proposal is based on the preliminary schematic design which includes the installation of a Emergency Generator located near the northwest comer (or northeast comer) of the Fire Station #2 building as in the Feasibility Report dated August 27, 2008. 2.1 Phase 1 - Schematic Design, Feasibility, and Construction Cost Estimate was completed in 2008. 2.2 The scope of work for Phase 2 - Construction Documents is as follows: a. Preparation of registered ArchitecturalJEngineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids for the installation of the Emergency Generator. Includes Architectural (concrete pad, etc.) and Electrical. 2.3 The scope of work for Phase 3 - Construction Project Management / Quality Control is as follows: City of Golden Valley Fire Station #2 - 20 I 0 Emergency Generator April 19, 2010 Page 2 a. Prepare bid advertisement, submit to Owner for publication. b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Bid opening meeting attendance, Contractor Qualification review, and bid review and recommendation. f. Review eontractor Contract, Insurance, Bonds for Owner feontractor Agreement; (Prepared by Owner). g. Pre-construction conference meeting with minutes. h. Shop drawing and submittal review (shop drawings, schedule, payment schedule of values, samples, etc.). 1. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Four (4) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. J. Contractor payment request and lien waiver verification reviews. k. Contractor/Owner change order requests and execution. 1. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $200.00 per visit. m. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. n. EPI can complete an as-built set of documents at an extra cost after Contractor submits their documents. This cost can be provided upon project completion. 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). City of Golden Valley Fire Station #2 - 2010 Emergency Generator April 19, 2010 Page 3 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of EPl's contract documents before bidding. 3.4 Provide access to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. 4.2 Building materials suspect asbestos survey (collection and analysis of samples). The asbestos surveywill-o-DIy be reqUiredilsuspect materiaJi-(gypsum-wall board~]oInfcompound,- caulking, flooring, etc.) will be disturbed as a part of this project and has not previously been tested. 4.3 Asbestos (hazardous materials) abatement design (plans and specifications). This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed if necessary. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00. 5.0 FEE SCHEDULE Based on the services as defmed above, EPI proposes a time and material not to exceed professional service fee for the total Architectural/Engineering and Project Management / Quality Control services. This fee breakdown is as follows: Phase 1 Schematic Design, Feasibility, and Cost. Estimate Phase 2 Construction Documents (plans and specifications) Phase 3 Construction Project Management / Quality Control Services Complete $ 4,800.00 $ 5.400.00 Total Professional Fees (NTE) $10,200.00 Estimated Reimbursable Expenses at actual costs - Estimated $ 600.00 Total Project Estimate $ 10,800.00 Additional Asbestos fees (lfNecessarv) Limited Asbestos Survey (based on 12 samples) Asbestos Abatement Design and On-Site Monitoring $ 1,800.00 $ 2,000.00 City of Golden Valley Fire Station #2 - 2010 Emergency Generator April 19, 2010 Page 4 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents (plans and Specifications) Bidding (Pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) Bid Award / Contracts (Council Meeting, Contracts, Insurance, Bonds) Shop Drawing Preparation, Review, and Approval Order Equipment (Generator) - Approx. 10 - 12 week Delivery Time Concrete Pad and Miscellaneous work prior to Generator Delivery Receive Equipment (Generator) .1iistalrationoro-eiienifOi=-~start-Up.TTesting Punch List / Finalize All Work Project Close Out Documents (IC-134, Lien Waivers, Final Payment) May 2010 June 2010 July 1-15,2010 July 16-31,2010 August 1, 2010 August - October 2010 November 1,2010 November 1-30, 2010 December 1-15,2010 December 15-31, 2010 Please feel free to call me at (763) 398-~040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or fmd this proposal acceptable, please sign, date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS, INC. ~.~.. .. . ....'.. .. - - . ",' . .. -- . . . . - " . . . . .' -.. . ...... - .. "H _... .............~...................~.......................................... . . . . ..... . ',. -", -, ..- .. - .. . . .... . -",. ._ ...... .... . '.d _'. . . . ... . . .. ... - -. .... .... ... ...,-. Denny Langer, PE ArchitecturelEngineering Manager Copy: AI Lundstrom, City of Golden Valley Ron Nims, City of Golden Valley Charles A. Lane, EPI Michael Berreau, EPI EPIFile 2010-152 Environmental Process, Inc. 715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700 Phone: 763-398-3040 . Fax: 763-398-0121 . emai1: eoimt>ls(a)xconnect.com' www.go-epi.com ... ... ...:1. ......p.....J. ..,' ',. '", .... .. .- ..... . . -. .... . ."" -. .-. . . ...- ". o ..... _ ._._ . .. .. - - --. . ... -.- .._,. . .. .. --- ._,.. ... .. ,-. - .," . . ....................... ................. ......... . . ...- ", .. . ..', . . . ..- .".... .- ,.... ... ...... . ,.... ,.. .. ............ ................ .... ..... '," . April 19, 2010 Ms. Jeannine Clancy Director of Public Works City of Golden V alley 7800 Golden Valley Road Golden Valley, MN 55427 Re: City of Golden Valley - 2010 Scope of Work C-2 20 I 0 Building Maintenance P-toposal rofArcl1irecmrar, Engiheefirig; aildKtfvrronm.entarSernce-s EPINo.IO-146 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportUnity for Environmental Process, Inc. (BPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the 2010 Building Maintenance Project located at various City of Golden Valley Buildings. The 20 I 0 Building Maintenance work scope shall include the following: I. Public Safety Building, 2. Street and Park Maintenance Department Building, 3. Vehicle Maintenance Building, 4. Community Center / Golf Operations Building, 5. City Hall (South Windows) and 6. Fire Station #3 (bird damage) which will all be bid as one (1) project (one specification). 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for building maintenance work items. 2.1 The scope of work for Phase 1 - Schematic Design, Feasibility, and Cost Estimate are as follows: a. Field verify existing conditions, perform field measurements, verify existing project conditions for the specific building maintenance items listed below: 1.) Public Safety Buildine: Maintenance. a.) Exterior building / site maintenance as listed in the 2010 Building Maintenance Prioritization Report dated January 12,2010 prepared by Environmental Process, Inc. The work scope includes but is not limited to the eleven (11) items in the report scheduled for 20 II. City of Golden Valley 2010 Building Maintenance April 19,2010 Page 2 2.) Street and Park Maintenance Department Buildin!! Maintenance. a.) Exterior building / site maintenance as listed in the 2010 Building Maintenance Prioritization Report dated January 12, 2010 prepared by Environmental Process, Inc. The work scope includes but is not limited to the twenty-three (23) items in the report scheduled for 2010. 3.) Vehicle Maintenance BuDdin!! Maintenance. a.) Exterior building / site maintenance as listed in the 2010 Building Maintenance Prioritization Report dated January 12, 2010 prepared by Envit~mnet1talPrQ~es~,_J:p.~. The.workSQQPe.in~lUcd~!ibutis. not limited to the fourteen (14) items in the report scheduled for 2010. 4.) Community Center / Golf Operations Buildin!! Maintenance. a) Exterior building / site maintenance as listed in the 2010 Building Maintenance Prioritization Report dated January 12, 2010 prepared by Environmental Process, Inc. The work scope includes but is not limited to the twelve (12) items in the report scheduled for 2010. 5.) City Hall Buildin!! Maintenance. a) Exterior building / site maintenance limited to the City Hall south elevation windows. 6.) Fire Station #3 Duildin!! Maintenance. a) Exterior building / site maintenance limited to bird damage to the wood fascia at Fire Station #3 b. Attend preliminary design review meeting with City of Golden Valley Staff to review the preliminary schematic design and estimated cost of construction for each work item. c. Finalize building maintenance work scope based on above site data and review meeting. d. Building materials suspect asbestos survey (collection and analysis of samples). The asbestos survey will only be required if suspect building materials (caulldng, etc.) will be disturbed as a part ofthis project and has not previously been tested. 2.2 The scope of work for Phase 2 - Construction Documents is as follows: a. Preparation of registered Architectural/Engineering plans and specifications (contract documents) for the purpose of obtaining public(opell) pids for the building maintenance work scope as in Phase 1 Schematic DeSIgn and Feasibility. City of Golden Valley 2010 Building Maintenance April 19, 2010 Page 3 b. This proposal is based on the assumption that the work area is asbestos free. If asbestos containing materials are found in Phase 1 Schematic Design and Feasibility, we anticipate the additional fees for the abatement design (plans and specifications), project management (Quality Control), and on-site monitoring during the abatement shall not exceed $2,000.00 - $3,000.00. 2.3 The scope of work for Phase 3 - Construction Project Management / Quality Control is as follows: a. -Prepare bid advertisement; submit to Owner forpublkation: b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Bid review and bid recommendation. f. Review Contractor Contract, Insurance, Bonds for Owner / Contractor Agreement, (Prepared by Owner). g. Pre-construction conference meeting with minutes. h. Shop drawing and submittal review (schedule, payment schedule of values, samples, etc.). 1. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Six (6) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. J. Contractor payment request and lien waiver verification reviews. k. Contractor/Owner change order requests and execution. 1. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $200.00 per visit. m. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. City of Golden Valley 2010 Building Maintenance April 19, 2010 Page 4 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of EPI's contract documents before bidding. 3.4 Provide access to the building areas as ne-eaed. 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope ofproject. 4.2 Asbestos (hazardous materials) abatement design (plans and specifications), management, and on-site monitoring~ This proposal assumes no asbesto~ is present in the work areas. The asbestos survey will be completed if necessary in Phase 1 work scope. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00 - $3,000.00. 5.0 FEE SCHEDULE Based on the services as defmed above, EPI proposes a time and material not to exceed professional service fee for the total Architectural/Engineering and Project Management / Quality Control services. This fee breakdown is as follows: Phase 1 Schematic Design, Feasibility, and Cost Estimate Phase 2 Construction Documents (plans and specifications) Phase 3 Construction Proiect Management / Oua1ity Control Services $ 3,200.00 $ 8,500.00 $ 5.900.00 Total Professional Fees (NTE) $17,600.00 Estimated Reimbursable Expenses at actual costs - Estimated $ 1.600.00 Total Project Estimate $19,200.00 Additional Asbestos Fees (IfNecessarv) Limited Asbestos Survey (based on 12 samples) Asbestos abatement design, management, and on-site monitoring $1,800.00 $3,000.00 City of Golden Valley 2010 Building Maintenance April 19, 2010 Page 5 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents (plans and Specifications) Bidding (Pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) Bid Award / Contracts (Council Meeting, Contracts, fusurance, Bonds) Shop Drawing Preparation, Review, and Approval Contractor Mobilization / Building Maintenance Work Punch List / Finalize All Work Project Close Out Documents (IC-134, Lien Waivers, Final Payment) May and June 2010 July 2010 August 1-15, 2010 August 16-31,2010 Sept. and Oct. 2010 October 15-31,2010 November 2010 Please feel free to call me at (763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable, please sign, date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS, INC. Denny Langer, PE Senior Engineer/Project Manager Copy: Al Lundstrom, City of Golden Valley Ron Nims, City of Golden Valley Charles A. Lane, EPI Michael Berreau, EPI EPI File 2010-146 Environmental Process, Inc. 715 Florida Avenue South, Suite Ill, Golden Valley, MN 55426-1700 Phone: 763-398-3040. Fax: 763-398-0121. email: evimplsfa>.rconnect.com. www.go-epi.com .................................~......................................f'................. . . . . .-- . . '. .. ,,-.. . ...... .--.-... '.... , . . ...................... .......................... .. . .. . ,- ., ",_. . . . - -. . . ,..... .. . ,,-,.. ,- -.... "' April 19, 2010 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: City of Golden Valley - 2010 Scope of Work C-3 ~()lf M~~~~~l1ce - J2J.Q Infrar~Q Ra.<iill,IlUJeat~eI!lacement. .Proposal for Architectural, Engineering, and Environmental Services EPI File No. 2010-153 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPn to submit our proposal to provide Architectural, Engineering, and Environmental services for the replacement of the Infrared Radiant Heat System at the City of Golden Valley Golf Maintenance Building located at 200 Brookview Parkway, Golden Valley, Minnesota. We are familiar with the Golf Maintenance building as we were the Architect and Engineer of Record for previous projects at the Golf Maintenance building. 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for the replacement of the infrared radiant heat system. 2.1 The scope of work for Phase 1- Construction Documents is as follows: a. Field verify existing conditions; perform. field measurements, verify existing project conditions. b. Preparation of registered ArchitecturallEngineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids for the replacement of the infrared radiant heat system. Includes Architectural, Mechanical and Electrical. 2.2 The scope of work for Phase 2 - Construction Project Management / Quality Control is as follows: a. Prepare bid advertisement, submit to Owner for publication. City of Golden Valley Golf Maintenance - 2010 Infrared Radiant Heat Replacement April 19, 2010 Page 2 b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Bid opening meeting attendance, Contractor Qualification review, and bid review and recommendation. . . f. Review Contractor Contract, Insurance, Bonds for Owner / Contractor Agreement, . (prepared'by-OwnerJ: .-..-- g. Pre-construction conference meeting with minutes. h. Shop drawing and submittal review (shop drawings, schedule, payment schedule of values, samples, etc.). 1. Site observations during construction on a regular basis (as needed) during construction. An ArchiteCts' Field Report will be prepared for each site observation. Four (4) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. J. Contractor payment request' and lien waiver verification reviews. k. Contractor/Owner change order requests and execution. 1. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $200.00 per visit. m. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. n. EPI can complete an as-built set of documents at an extra cost after Contractor submits their documents. This cost can be provided upon project completion. 3.0 CLIENT RESPONSmILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical, and Electrical). City of Golden Valley GolfMaintenanc~ - 2010 Infrared Radiant Heat Replacement Apri119,201O Page 3 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of EPI's contract documents before bidding. 3.4 Provide access to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. - .~-_._..._...._.._.~--- -- . >~--- -. . ~-- ----- .~~- 4.2 Building materials suspect asbestos survey (collection and analysis of samples). The asbestos survey will only be required if suspect materials (gypsum wall board, joint compound, caulking, flooring, etc.) will be disturbed as a part of this project and has not previously been tested. 4.3 Asbestos (hazardous materials) abatement design (plans and specifications). This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed if necessary. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications), management, and on-site monitoring shall not exceed $2,000.00. 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional service fee for the total Architectural/Engineering and Project Management / Quality Control services. This fee breakdown is as follows: Phase I Construction Documents (plans and specifications) Phase 2 Construction Project Management / Ouality Control Services $ 4,800.00 $ 5.400.00 Total Professional Fees (NTE) $10,200.00 Estimated Reimbursable Expenses at actual costs - Estimated $ 600.00 Total Project Estimate $ 10,800.00 Additional Asbestos fees (If Necessarv) Limited Asbestos Survey (based on 12 samples) Asbestos Abatement Design and On-Site Monitoring $ 1,800.00 $ 2,000.00 City of Golden Valley Golf Maintenance - 2010 fufrared Radiant Heat Replacement April 19, 2010 Page 4 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents (plans and Specifications) Bidding (Pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) Bid Award / Contracts (Council Meeting, Contracts, fusurance, Bonds) Shop Drawing Preparation, Review, and Approval Order Equipment and Materials Contractor Mobilization / Demolition I fustallation Punch List I Finalize All Work I Start-Up System Pr()j ect Close Out Documents (IC-134, Lien Waivers, Fillal Paymen~) May and June 2010 July 2010 August 1-15,2010 August 16-31,2010 September I, 2010 Sept. and Oct. 20 I 0 October 15-31,2010 November 2019 Please feel free to call me at (763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable, please sign, date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS, INC. C).,.._... -.-..1:......, A..............~... _.....~ ~. .". ..." .": Denny Langer, PE Architecture/Engineering Manager Copy: Al Lundstrom, City of Golden Valley Ron Nirns, City of Golden Valley Charles A. Lane, EPI Michael Berreau, EPI EPIFile 2010-153 SCHEDULE a. 2010 TENTATIVE SCHEDULE- C1 Preparation of Construction Documents (plans and Specifications) Bidding (pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) Bid Award / Contracts (Council Meeting, Contracts, Insurance, Bonds) Shop Drawing Preparation, Review, and Approval Order Equipment (Generator) - Approx. 10 - 12 week Delivery Time Concrete Pad and Miscellaneous work prior to Generator Delivery Receive Equipment (Generator) Installation of Generator - Start-Up / Testing Punch List / Finalize All Work Project Close Out Documents (IC-134, Lien Waivers, Final Payment) b. 2010 TENTATIVE SCHEDULE - C2 Preparation of Construction Documents (plans and Specifications) Bidding (pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) Bid Award / Contracts (Council Meeting, Contracts, Insurance, Bonds) Shop Drawing Preparation, Review, and Approval Contractor Mobilization / Building Maintenance Work Punch List / Finalize All Work Project Close Out Documents (IC-134, Lien Waivers, Final Payment) c. 2010TENTATIVESCHEDULE-C3 Preparation of Construction Documents (plans and Specifications) Bidding (pre-Bid Meeting, Bid Opening, Bid Review and Recommendation) Bid Award / Contracts (Council Meeting, Contracts, Insurance, Bonds) Shop Drawing Preparation, Review, and Approval Order Equipment and Materials Contractor Mobilization / Demolition / Installation Punch List / Finalize All Work / Start-Up System Project Close Out Documents (IC-134, Lien Waivers, Final Payment) d. 2010 TENTATIVE SCHEDULE - C4 Preparation of Construction Documents (plans and Specifications) Bidding (Qoutes) - By Owner Contractor Mobilization / Demolition / Installation May 2010 June 2010 July 1-15,2010 July 16-31, 2010 August 1,2010 August - October 2010 November 1,2010 November 1-30,2010 December 1-15,2010 December 15-31,2010 May and June 2010 July 2010 August 1-15,2010 August 16-31, 2010 Sept. and Oct. 2010 October 15-31,2010 November 2010 May and June 2010 July 2010 August 1-15,2010 August 16-31,2010 September 1, 2010 Sept. and Oct. 2010 October 15-31,2010 November 2010 May 2010 June 2010 July and August. 2010 Exhibit C - Scope of Work Page 60f9 EXHffiIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 2009, and will remain in effect for the term of the project. The following are the compensation terms: D.I Receipt of Payment m order to receive payment for services, the Consultant shan submit montWy invoices describing in detail the services performed in accordance with this contract. The City shall pay ConsiiUatif before fell (to) daysafterreceipfofraJ eacn morithlY IDVOICe,-(6)ii certificate from the City that work has been completed, and (c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. mvoices shall include daily reports detailing the time for each day that the individual was working on the project. All invoices wiII include the City representative who authorized the work. All payments to the Consultant shall be made payable to Environmental Process, mc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations ofthe Consultant to third parties. D.2 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: . Plan and specification reproduction fees Costs related to the development of project photos . The following shall not be considered reimbursable expenses: · Mileage · Mobile phone usage · Computer equipment time · Preparation and reproduction of common correspondence · Mailing Exhibit D - Compensation Page 7 of9 EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Acord Type of Insurance: Commercial General Liability Coverage: General Aggregate Products-Comp/Ops Aggregate Personal & Advertising Injury Each Occurrence AUTOMOBIL~.LIABILITY Carrier: Integrity Mutual Insurance Co. Type of Insurance: Hired Autos Non-Owned Autos Coverage: Combined Single Limit WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: Acord Coverage Statutory Each Accident . Disease-Policy Limit Disease-Each Employee PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: Coverage: CNA $2,000,000 each c1aim/$2,000,000 annual aggregate Certificates of Insurance will be provided upon request. $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 500,000 $ 500,000 $ 500,000 Exhibit F - Rate Schedule Page 8 of9 alley M 0 du Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. H. Receipt of April 2010 General Fund Budget Report Prepared By Sue Virnig, Finance Director Summary The monthly General Fund Budget Report provides a progress report on the General Fund operations for 2010. The revenues and expenditures show current month actual and year-to- date actual compared to the 2010 approved budget. The 2010 unallotment from the State is estimated at $369,240. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of April 2010 the City is using $3,441,049 of fund balance to balance the budget. Attachments April 2010 General Fund Budget Report - unaudited (2 pages) Recommended Action Motion to receive and file the April 2010 General Fund Budget Report. City of Golden Valley Monthly Budget Report - General Fund April, 2010 (unaudited) Percentage Of Year Completed 33.00% Revenue: Over % 2010 April YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,552,050 8,689 $8,689 ($11,543,361 ) 0.08% (1) Licenses 151,865 63,384 108,303 ($43,562) 71.32% Permits 703,000 56,079 170,959 ($532,041 ) 24.32% Federal Grants 0 0 2,517 $2,517 State Aid 10,500 2,007 6,377 ($4,123) 60.73% (4) Hennepin County Aid 0 0 1,266 $1,266 (5) Charges For Services: General Government 37,710 8,838 9,437 ($28,273) 25.03% Public Safety 197,395 15,945 40,183 ($157,212) 20.36% Public Works 114,000 10,934 46,357 ($67,643) 40.66% Park & Rec 392,500 48,967 161,495 ($231,O05) 41.15% Other Funds 981,500 2,768 17,372 ($964,128) 1.77% Fines & Forfeitures 250,000 28,734 73,694 ($176,306) 29.48% (2) Interest On Investments 200,000 0 0 ($200,000) 0.00% (3) Miscellaneous Revenue 216,675 1,861 8,561 ($208,114) 3.95% Transfers In 175,000 0 0 ($175,OOO) 0.00% TOTAL Revenue $14,982,195 $248,206 $655,210 ($14,326,985) 4.37% Notes: (1) The first half taxes will not be received until July. (2) Fines and Forfeitures is through March. (3) Investments will be booked at year end. (4) State Training will not be received until August. (5) Includes Active Living Grant from Hennepin County. Percentage Of Year Completed ! 33% (unaudited) Expenditures: Over % 2010 April YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $307,455 30,818 81,904 ($225,551 ) 26.64% City Manager 802,390 94,178 243,477 (558,913) 30.34% Admin. Services 1,571,070 70,105 385,719 (1,185,351) 24.55% Legal 115,000 15,612 30,736 (84,264) 26.73% (1) General Gov't. Bldgs. 599,500 63,857 150,914 (448,586) 25.17% Planning 333,550 22,026 89,413 (244,137) 26.81% Police 4,562,995 349,942 1,417,334 (3,145,661) 31.06% Fire and Inspections 1,539,820 124,202 445,246 (1,094,574) 28.92% Public Works Admin. 309,730 21 ,765 97,185 (212,545) 31.38% Engineering 651,640 58,048 120,619 (531,021) 18.51% Streets 1,371,495 68,064 351,732 (1,019,763) 25.65% Community Center 74,605 3,827 17,417 (57,188) 23.35% Park & Rec. Admin. 639,845 58,093 193,000 (446,845) 30.16% Park Maintenance 968,270 64,081 252,820 (715,450) 26.11 % Recreation Programs 427,910 9,459 59,539 (368,371 ) 13.91% Risk Management 266,950 76,287 159,204 (107,746) 59.64% (2) Transfers Out 439,970 0 0 (439,970) 0.00% (3) TOTAL Expenditures $14,982,195 $1,130,364 $4,096,259 ($10,885,936) 27.34% (1) This includes March YTD legal bill. (2) This includes one quarterly payments but miscellaneous policies such as liquor for Brookview. (3) This expenditure was lowered due to the unallotment. alley M 0 ndu Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. I. Authorization to Extend Fire Relief Association Street Dance Hours Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Golden Valley Fire Relief Association is requesting permission to extend the street dance hours until midnight on Saturday, June 19, 2010. The Street Dance will be held at the Chester Bird American Legion, 200 North Lilac Drive. Recommended Action Motion to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 19,2010 at Chester Bird American Legion, 200 North Lilac Drive. CITY OF GOLDEN VALLEY PROCLAMATION FOR MAY 31 GOLDEN VALLEY MEMORIAL DAY PARADE WHEREAS, Memorial Day, formerly known as decoration day, was created as a federal day of remembrance to honor those who have died in military service to the United States; and WHEREAS, each year local communities express their appreciation for veteran's service through local commemorations; and WHEREAS, in 2010 the Chester Bird American Legion Post 523 and the Veterans of Foreign Wars Post 7051 are spearheading a local parade and celebration; and WHEREAS, highlights of this event, which starts at 10:15 am, will include a parade from Seeman Park to the Golden Valley City Hall; and WHEREAS, the parade will be capped by a ceremony at 11 am outside the Golden Valley City Hall with speaker Brigadier General Timothy J. Cossalter, a 3-Volley salute, taps and refreshments for all in attendance after the ceremony. NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do hereby proclaim the May 31 Golden Valley Memorial Day Parade as the official Memorial Day Celebration of the City of Golden Valley, and urge all citizens to attend the parade to honor the military service of our fallen veterans. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 18th day of May, 2010. Linda R. Loomis, Mayor alley e ra Council 763-593-8006 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. K. Board/Commission Reappointments and Appointments Prepared By Linda Loomis, Mayor Summary Each year staff contacts board and/or commission members whose term is expiring to find out if they are interested in being reappointed. Listed below are those who would like to be reappointed. The City Council also conducted interviews with persons who have applied to serve on a board and/or commission. After the interviews the Council makes their appointments. Listed below are those who will be appointed. Recommended Action Motion to make the following reappointments: Human Services Foundation: Diane Nimmer 3 year term term expires - 5/1/13 Human Rights Commission: Anne Dykstra 3 year term Bob Hoyt 3 year term term expires - 5/1/13 term expires - 5/1/13 Motion to make the following appointments: Open Space and Recreation Commission: Brad Kadue 3 year term term expires - 5/1/13 Environmental Commission: Karen Utt 3 year term term expires - 5/1/13 alley d Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 3. L. Call for Public Hearing for the Vacation of Existing Easements at 125 Edgewood Avenue North Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Edgewood Avenue North is being reconstructed as part of the City's 2010 Pavement Management Project. Part of this project is the reconstruction of an existing storm sewer that extends westward from Edgewood Avenue just north of Glenwood Avenue. This storm sewer is located within an existing 15-foot wide drainage and utility easement and is within 5 feet of the foundation of the home. In addition, the existing home on this property is also located partially within this easement. The condition of the existing storm sewer is poor, including extensive corrosion, and the pipe is undersized to accommodate stormwater runoff from its tributary area. In order to provide adequate stormwater drainage and minimize risk to the home due to the presence of the existing storm sewer, the City is planning to reconstruct the storm sewer along the north lot line of the property. Construction impacts to the yard and home will be minimized by abandoning the existing storm sewer in place by filling it with sand and grouting the ends of the pipe closed. The relocation of the storm sewer will require vacation of the existing drainage and utility easement through the center of the lot and dedication of a new drainage and utility easement over the northern portion of the property. The property owners have agreed to dedicate the new easement. Staff is in the process of contacting the utility companies regarding this proposed easement vacation. Attachments Existing and Proposed Easements, 125 Edgewood Avenue North (1 page) Resolution Establishing a Public Hearing on June 15, 2010 to Consider Vacation of Platted Drainage and Utility Easements at 125 Edgewood Avenue North (1 page) Recommended Action Motion to adopt Resolution Establishing a Public Hearing on June 15, 2010 to Consider Vacation of Platted Drainage and Utility Easements at 125 Edgewood Avenue North. ----I I I I I I I I I 215 ------------------------1 209 a9~ , ~~ / I, . / 'I I I' . / 'I I .,.f R)f r - ,~ i I 1.... 1.... 9. ...... ".,.,~ I 00 I .. . . '-,_ i ~ ~-----------I ~ ' I . &. '- i ~ I r Y~Q '-, i ~ i -'( CD q, - '-, -<1 "'~ -, ''A~ -, r Y/ . -, v~ _'. , -, -'-ol -'-, -'- '-'- '- , -'-, -'- '- , -1'- I '- '- o '- ~ Existing Easements ~ to be Vacated ~ CD Proposed Easement :r: I- 0:: o Z W ::> z w ~ o o ~ w C> o w I . I . I . I . I . I . I . I . L___ 1 Existing and Proposed Easements, 125 Edgewood Ave N Print Date: 5/12/10 Not to Scale Sources: Q -Hennepin County Surveyors Office for Property Lines (2010) -City of Golden Valley for all other layers. Disclaimer: This is not a al certificate of surve . Resolution 10-28 May 18, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 15,2010 TO CONSIDER VACATION OF PLATTED DRAINAGE AND UTILITY EASEMENTS AT 125 EDGEWOOD AVENUE NORTH WHEREAS, the City desires to consider vacation of all the drainage and utility easements in the recorded plat of AUDITOR'S SUBDIVISION NUMBER 322. Legally described as follows: The South 33.47 feet of Lot 3, lying West of Edgewood Avenue and the North 45 feet of Lot 4, AUDITOR'S SUBDIVISION NUMBER 322, Hennepin County, Minnesota. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby schedules a public hearing on June 15, 2010 at 7 pm to consider vacation of the platted drainage and utility easements. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. alley m n m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 4. A. Public Hearing - Revenue Bonds - Local Government Information Systems Prepared By Sue Virnig, Finance Director Summary Local Government Information Systems (LOGIS) has requested that the City of Golden Valley hold a public hearing on their behalf on May 18, 2010 to approve the resolution for the issuance of capital equipment revenue bonds to finance hardware and software for their public safety application in the amount of $1,710.000. In order to issue the Bonds as qualified 501 (c)(3) bonds, a public hearing is required by Section 147(f) of the Code. This hearing will allow interested individuals of all LOGIS cities to express their views both orally and in writing in respect to the proposed issuance. The public hearing notice appeared in the New Hope &Golden Valley Sun Post on May 6 and in the Star Tribune. LOGIS will pay for all costs related to the public hearing notice. Julie Eddington, Kennedy and Graven, will be representing LOGIS at the hearing. Attachments Resolution Approving Revenue Bonds to be Issued by Local Government Information Systems Association (LOGIS) (1 page) Recommended Action Motion to adopt Resolution Approving Revenue Bonds to be Issued by Local Government Systems Association (LOGIS). Resolution 10-29 May 18, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING REVENUE BONDS TO BE ISSUED BY LOCAL GOVERNMENT INFORMATION SYSTEMS ASSOCIATION (LOGIS) BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Local Government Information Systems Association ("LOGIS") intends on issuing its Capital Equipment Revenue Bonds, Series 2010 in the amount of $1,710,000 (the "Bonds") in May, 2010 to purchase new hardware and software for its Public Safety System. LOGIS has the authority to issue bonds on its own behalf pursuant to Laws of Minnesota 1980, Chapter 569, sections 2 through 11 (the "Act"), and Minnesota Statutes, Chapter 475, as amended. 1.02. LOGIS proposes to issue the Bonds as "qualified 501 (c)(3) bonds" pursuant to Section 145 of the Internal Revenue Code of 1986, as amended (the "Code"). In order to issue the Bonds as qualified 501 (c)(3) bonds, a public hearing is required by Section 147(f) of the Code. LOGIS has requested that the City hold a public hearing on the behalf of LOGIS. 1.03. Section 147(f) of the Code, and regulations promulgated thereunder, requires that prior to the issuance of the Bonds, a public hearing must be held on behalf of LOGIS by a member of LOG IS. A notice of public hearing was published in the Star Tribune and the New Hope & Golden Valley Sun Post, the City's official newspaper prior to the public hearing. 1.04. On the date hereof, the City Council held a public hearing on behalf of LOG IS, at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, with respect to the proposed issuance of the Bonds by LOG IS. Section 2. Approval of the Issuance of the Bonds bv LOG IS. 2.01. The City hereby approves the issuance of the Bonds by LOGIS in the principal amount of $1,710,000. The Bonds will be issued by LOGIS and will be payable. solely from the revenues expressly pledged to the payment thereof. The Bonds will not be issued by the City, will not be a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. alley M 0 ndu Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 "60 Days" Deadline: May 24, 2010 Agenda Item 4. B. Public Hearing - Ordinance #439 - Conditional Use Permit 128 - 5530 Golden Valley Road - Katie Doyle, Peaceful Valley Montessori Academy, Applicant Prepared By Joe Hogeboom, City Planner Summary The Planning Commission has unanimously recommended approval of Conditional Use Permit 128. The requested permit would allow for a childcare facility to operate at 5530 Golden Valley Road. Childcare facilities are considered a conditional use in the Commercial Zoning District. (Preschool and kindergarten, which would be offered at the facility, are classified as "childcare" operations by the State of Minnesota, and are therefore permissible in this location.) City staff and the Planning Commission feel that the proposed use is in compliance with the ten factors in the City Code that determine the eligibility of a conditional use. The Planning Department has determined that the proposed use is compatible with the long-term Commercial land use designation of the property. The following conditions, recommended by the Planning Commission work to minimize impacts on surrounding properties: 1. All signage shall meet the requirements of sign code (Section 4.20 of City Code). 2. The site plan shall become a part of this approval. 3. The Montessori school/childcare facility shall be limited to 25 clients, or the amount specified by the State of Minnesota. 4. The hours of normal operation shall be Monday through Friday from 6:30 am to 6:30 pm with limited monthly evening and weekend operations 1 evening and 1 weekend per month. 5. All improvements to the building shall meet the City's Building Code Requirements. 6. All necessary licenses shall be obtained by the State of Minnesota before schooling and child care operations may commence. Proof of such licensing shall be presented to the Director of Planning and Development 7. Documentation regarding the use of off-street parking spaces from a property zoned Business and Professional Offices within 500 feet of 5530 Golden Valley Road shall be submitted to the City prior to City Council approval of a Conditional Use Permit. 8. The west portion of the proposed fence shall include a privacy feature screening the play area from the neighbors to the west. 9. All other applicable local, state and federal requirements shall be met at all times. 10. Failure to comply with any of the terms of the Conditional Use Permit shall be grounds for revocation. Attachments Location Map (1 page) Planning Commission Minutes dated April 26, 2010 (4 pages) Memo to Planning Commission dated April 13, 2010 (3 pages) Applicant's Narrative (1 page) Memo from Deputy Fire Marshal Ed Anderson dated April 6, 2010 (1 page) Site Plan (1 page) Existing Floor Plan (1 page) Proposed Floor Plan (1 Page) Ordinance #439, Approval of Conditional Use Permit 128, 5530 Golden Valley Road, Katie Doyle, Peaceful Valley Montessori Academy, Applicant Pictures of 5530 Golden Valley Road (5 pages, loose in agenda packet) Recommended Action Motion to adopt Ordinance #439, Approval of Conditional Use Permit 128, 5530 Golden Valley Road, Katie Doyle, Peaceful Valley Montessori Academy, Applicant. oil 1621 )>! 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S323 5317 1630 1600 5320 Subject Property I .S350 J-~~;.{ ~:v /1//-- '. _~~'4 / ""~-Go\P ,.r^' .~- _/' 5321 //-~ 5331 ,- 5349 1438 1445 8 ... ~ ~ ~ Z IX o v :5 ::l 1420 1425 I 1_ 1415 ----- --...- ---r----. 535lI 5330 530lI TOPel RD ~55 ['-'~.~. 5. _ 5335 1336 1355 W,ll _J Regular Meeting of the Golden Valley Planning Commission April 26,2010 regular meeting of the Planning ommission was held at the Golden Valley City Hall, C iI Chambers, 7800 Golden lIey Road, Golden Valley, Minnesota, on Monday, April 26,20 . hair Keysser called th eeting to order at 7 m. 1. Eck referre the second paragr added i e last sentence. at the Word "to" should be M 0 by Eck, seconded by Wal hauser and motion carried unanimously to approve e March 22, 2010 minutes with ttie above noted correction. 2. Informal Public Hearing - Conditional Use Permit - 5530 Golden Valley Road - CU-128 Applicant: Peaceful ValleyfV1cmtessori Academy - Katie Doyle, Applicant Address: 5530 Golcigl'l Vall~y ROgd Purpose: To al.lgw the op~fation of a Childcare Facility in the Commercial Zoning District Knase referred t()Clloc~ti0n map and pointed out the subject property. He explained that Peaceful VClJI.~y< Mdl'ltesswi Academy is going to be leasing the upper half of the building located at 5599Gold~~Yalley Road. They are requesting a Conditional Use Permit in order to op~rateCl Montessori/childcare facility for up to 25 children in the Commercial zoning district. HELciiscussed the applicant's request and noted that the property currently has6 parking spaces which would be sufficient for their customers; however they will need 3<gpditignal spaces in order to provide parking for their 3 employees. The applicants have indicated that they will be leasing 3 permanent parking spaces from the property across the street at 1415 Lilac Drive North. Keysser said he noticed that there is construction occurring on the site. He expressed concern about construction starting before a Conditional Use Permit is issued. Schmidgall asked if the applicants have a building permit for the current construction. Hogeboom said yes, the applicants have the necessary permits for the work that is taking place and explained that staff feels comfortable with them starting the construction process while they are going through the Conditional Use Permit process. Minutes of the Golden Valley Planning Commission April 26, 2010 Page 2 Keysser asked about the use of the first floor in the building. Summer Picha, Applicant, stated that the first floor is currently vacant but it has been used as a residential property in the past. Keysser asked who owns the property. Knase said the owner is Stevens Group LLC in Minneapolis. Eck referred to the site plans and asked about the walls shown on the plan. Knase said he believes they are separation walls and they are not necessarily permanent. Waldhauser noted that there is not a kitchen area shown on the pl~ns and asked about food service. Picha stated that she has been involved in Montessori for nine years and she has always wanted to own her own school. She explained that their school will have smaller class sizes, and the kids will have fewer transitions than in a typical school. She added that she likes the size of the building for their use and they are hoping it will become a community school. Keysser asked about the type of license a Montessori requires. Katie Doyle, Applicant, explained that they will receive a child c~re facility license through the State. Picha added that technically they are a daycare, not a school, because of the age of the children. She referred to the question regarding food servic.e and explained that there will be a small food preparation area but the kids bring lunch from home and the snacks are all pre- packaged so there won't be any cooking. Kluchka asked how many children they intend to have at the school. Picha said according to their State License theycan hpve 24 children. Kluchka asked whati~prQye.men.ts they are planning for the exterior of the building. Doyle stated that theY(iire golpg!o install two play structures, a chain link fence for a play area and they are goingt? tri~tree branches. Picha added that there will also be a picnic area and raisedp~q.~.J?rg.prdel"ling because teaching the kids to take care of the environment is part of.theirprograJT}. Eck~sked about the differences between Montessori and daycare. Doyle explained that Montessori is a philosophy developed by Maria Montessori who was a doctor and scientist who developed her philosophy with scientifically tested materials. Picha added that it is a hOlistic philosophy that starts with the concrete and moves to the abstract. Eck asked about the number of staff people. Doyle said they will have three staff people and that their student to teacher ratio is 1 to 10. Keysser asked about the length of the lease. Doyle said they have signed a three year lease. Minutes of the Golden Valley Planning Commission April 26, 2010 Page 3 Waldhauser asked if the main entrance would be the one on the front corner of the building. Picha said yes and added that the back door would be used to access to the outdoor play area. Waldhauser expressed concern about having only six parking spaces. Doyle stated that they had an open house recently and there were 6 or 7 cars parked in the parking lot without a problem. Keysser asked if the parking lot will be striped. Picha said yes and added that the drop off times will be staggered so that should help alleviate any parking issues. Schmidgall asked the applicants if they have any plans to use the lower level in the future. Doyle said no and explained that if they used the lower level they would have to bring the entire building into conformance with the building code; Schmidgall asked about the construction currently being done. Doyle explaihed that they are currently doing demolition and they have pulled the proper demolition permits. Keysser opened the public hearing. Michelle Lemke, 1530 Welcome Avenue North, said she is Qoncerned about the proposed chain link fence because she won't have much privacy with 24 kids right in her back yard. She said she thinks a privacy fence would be better and added that she doesn't have enough room on her side of the property lineto put up her own privacy fence. Seeing and hearing no one else wi~hing to comment, Keysser closed the public hearing. Keysser asked the applicants to explain what type of fence they are proposing to use. Doyle said they are planning to install chain link fencing right away and in the future they would like to install a privacy fence. Picha stated that they would be willing to install a privacy fence along the west side of the property closest to Ms. Lemke and the other three sides of the fence could be chain link. Waldhauser discussed the location of the fence and noted that there are other materials that could be used for screening such as shrubs or trees.. Doyle adcJ.ed that the only time all of the kids would be outside would be for an hQYf during thel'l1i.ipdle of the day. Otherwise there will only be small groups of kids outside for~hortperiods of time throughout the day. Eck a~l<ed thegpplicants when they plan to open their facility. Doyle said they plan to open ohYLJn~1. Kluchka suggested adding a condition of approval that the west side of the proposed fence would be required to have some sort of privacy feature. He also suggested that the applicants and staff work with MnDOT regarding installing signage that warns drivers of children playing. Minutes of the Golden Valley Planning Commission April 26, 2010 Page 4 McCarty referred to the condition of approval regarding the hours of operation and suggested allowing them to stay open until 7 pm rather than 6 pm in order to give them some flexibility. Keysser asked the applicants if they envision having any weekend events. Picha said they may have events up to 4 times per year. Keysser said he thinks language regarding events should be added to the Conditional Use Permit. The Commissioners discussed the various ways to address the normal business hours versus special event hours and weekend hours. Kluchka suggested allowing one weekend and one ev~~lng p~r month. Kluchka asked about bicycle racks. Picha stated they did not have bicycle racks on the property. The Commissioners encouraged the applicants to provide them. MOVED by Schmidgall, seconded by Kluchka and motion carried unanimously to recommend approval for the operation of a Childcare Facility at 5530 Golden Valley Road subject to the following conditions: 1. All signage shall meet the requirements of the City's sign code. 2. The site plan shall become a part of this approval. 3. The Montessori school/childcare facility shall belirnited to 25 clients, or the amount specified by the State of Minnesota. 4. The hours of normal operatio~shall be Monday through Friday from 6:30 am to 6:30 pm with limited monthly evening al19 weekend operations of 1 evening and 1 weekend per month. 5. All improvements to theipuilding shall meet the City's Building Code requirements. 6. All necessary Iicense$~.hallbe. obtained by the Minnesota Department of State and/or the Minnesota Department of Education before schooling and childcare operations may commence. Proof of such licensing shall be presented to the Director of Planning and Development, 7. Docum~l1tatic>n regarding the use of off-street parking spaces from a property zoned eusiness9nd Professional Offices within 500 feet of 5530 Golden Valley Road shall be sutlrnitted to the City prior to City Council approval of a Conditional Use Permit. 8. The west portion of the proposed fence shall have some sort of privacy feature screening the play area from the neighbors to the west. 9. All other applicable local, state and federal requirements shall be met at all times. 10. Failure to comply with any of the terms of this permit shall be grounds for revocation. --Short Recess-- Planning 763-593-8095 I 763-593-8109 (fax) Date: April 13, 2010 To: Planning Commission From: Kevin Knase, Planning Intern Subject: Informal Public Hearing on Conditional Use Permit (CUP-128) to Allow for a Montessori preschool/childcare facility - Peaceful Valley Montessori Academy (Katie Doyle), Applicant Background Ms. Summer Picha, representative for Peaceful Valley Montessori Academy has requested a Conditional Use Permit (CUP) in order to allow a Montessori preschool/childcare facility at 5530 Golden Valley Road. It is the intent of Peaceful Valley Montessori Academy to lease out the upper half of the property for this purpose. Peaceful Valley Montessori Academy would employ approximately 3 people and would serve up to 25 children/students. Peaceful Valley Montessori Academy intends to utilize the upper floor of the building consisting of an entry, classroom, coat/storage room, and two restrooms for its facility as well as a fenced in yard. Hours of operation are to be from 7 am to 6 pm. Drop off times will be anytime between 7 am and 9 am and pick up anytime between 3:30pm and 6 pm. Proposed Use The building at 5530 Golden Valley Road is located in the Commercial zoning district. Peaceful Valley Montessori Academy is leasing the upper floor of the property and would occupy only that space. The Zoning Code requires one parking space for six clients and one parking space for each staff member. Therefore, seven total parking spaces are required for this use. The building at 5530 Golden Valley Road currently has 6 parking stalls, one of which is handicap accessible, which would provide adequate parking for the students of the Montessori. In order to provide parking for the 3 employees, the applicant has stated they will be leasing 3 permanent parking spaces from Cottle Properties across the street at 1415 Lilac Drive North, which has the extra parking spaces to accommodate this. It is stated by the applicant 1 that drop-off and pick up times will be spaced out, reducing traffic at the intersection and the amount of parking needed, particularly since people will only be parking for short periods of time to drop off and pick up their children. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. Peaceful Valley Montessori Academy has demonstrated this by showing that Montessori schools/childcare facilities are desired within their communities. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as commercial use. Montessori schools/childcare facilities, through conditional use, are compliant with this land use designation. 3. Effect on Property Values in the Area: Staff does not believe the approval of this permit will negatively affect property values in the area. The site is located on commercial zoned property. 4. Effect of Use on Traffic in the Area: Peaceful Valley Montessori Academy serves a small client base, whose arrival and departure will be staggered over a period of time. This should have little impact on traffic in the area. 5. Effect of Increases in Density or Population on the Area: The proposed use will not increase the population of the area. Since this use is non-residential, only the daytime population of Golden Valley would be effected. 6. Increase in Noise Created by Use: Noise impacts created by this proposed facility should not extend beyond the site. Minimal additional noise can be expected by students in the yard. 7. Any Dust, Odor or Vibration caused by Use: No such problems are expected to be caused by this proposal. 8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not contribute to the existence of pests in anyway. 9. Visual Appearance of the Use: The exterior of the building will not be affected (other than signage) with the proposed use. 10. Other Effects of the Use: Staff does not anticipate any other negative effects of the proposed use. 2 Recommended Action Staff recommends approval of the Conditional Use Permit allowing a preschool/childcare facility serving up to 25 children, as licensed by the State Department. The facility is to be operated by Peaceful Valley Montessori Academy. The approval of a Conditional Use Permit is subject to the following conditions: 1. All signage shall meet the requirements of the City's sign code. 2. The site plan shall become a part of this approval. 3. The Montessori school/childcare facility shall be limited to 25 clients, or the amount specified by the Minnesota Department of State. 4. The hours of normal operation shall be Monday through Friday from 7 am to 6 pm. 5. All improvements to the building shall meet the City's Building Code requirements. 6. All necessary licenses shall be obtained by the Minnesota Department of State and/or the Minnesota Department of Education before schooling and childcare operations may commence. Proof of such licensing shall be presented to the Director of Planning and Development. 7. Documentation regarding the use of off-street parking spaces from a property zoned Business and Professional Offices within 500 feet of 5530 Golden Valley Road shall be submitted to the City prior to City Council approval of a Conditional Use Permit. 8. All other applicable local, state and federal requirements shall be met at all times. 9. Failure to comply with any of the terms of this permit shall be grounds for revocation. Attachments Location Map (1 page) Applicant's Narrative (1 page) Memo from Deputy Fire Marshal Ed Anderson dated April 6, 2010 (1 page) Site Plan ( 1 page) Existing Building Plan (1 page) Future Building Plan (1 Page) Pictures of 5530 Golden Valley Road (5 pages) 3 Narrative for Conditional Use Permit Peaceful Valley Montessori Academy (PVMA) Peaceful Valley Montessori Academy wishes to lease out the upper half of the property located at 5530 Golden Valley Road in Golden Valley, MN for use of a Montessori preschool/daycare center. Peaceful Valley Montessori Academy (PVMA) will occupy the upper-half of the free standing building which will utilize the space as a one-room classroom for up to 25 children. PVMA has six (6) parking spots located by the main entrance of the property, one of which is a handicap accessible parking spot. We have talked with Cottle Properties across the street to lease out three (3) permanent parking spots for our staff members. PVMA would reconfigure the side entrance to meet all city building requirements and use this entrance as the second door leading directly to the playground. The side lot, running parallel to Lilac Drive, would be used as our playground. PVMA will put up a chain link fence along the property line to enclose a play area for the children. The play area will include two permanent play structures and a garden area. PVMA will display signs on the awnings attached to the building, as well as a banner located on the fence facing Lilac Drive. The hours of operation for PVMA are Monday-Friday 7:00am-6:00pm. PVMA will employ three (3) staff members. We expect to have 25 children at capacity. The children will be dropped off any time between 7:00am and 9:00am and picked up between the hours of 3 :30pm-6:00pm. By spacing out the drop off and pick up times the traffic at the intersection will not be influenced by our childcare center. The property is currently zoned for commercial use. We would like to ask the City of Golden Valley for a Conditional Use Permit to allow us to use the property for a childcare center. We feel the childcare center would be a valuable addition to the community of Golden Valley. Our vision is to create a community school to be around for years to come so we can watch the children in the community grow and become successful adults. Montessori Schools are widely accepted in communities not only in Minnesota, but around the world. Montessori Schools bring a love of beauty, nature, and peace to every community they are involved in. Fire Department 763-593-8065 I 763-593-8098 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application for 5530 Golden Valley Rd Date: April 6, 2010 The Golden Valley Fire Department has reviewed the application for the conditional use permit for a childcare facility located at 5530 Golden Valley Rd. Listed below are the fire department comments. 1. The current location and building will be required to meet the code requirements for the building occupancy classification, the construction and the remodeling in accordance with the Minnesota State building and fire codes, and the fire life safety requirements from the Minnesota Department of Human Services. 2. The installation of the fire suppression and fire alarm systems will be installed in accordance with the Minnesota State Fire Code. 3. The installation of fire extinguishers located inside the building shall be in accordance with the Minnesota State Fire Code. If you have any questions, please contact me at 763-593-8065, or my e-mail address, eanderson@ci.Qolden-valleV.mn.us ea/j 1 r--.-.--.-.-.-.-.-' . . , . , . , . , . , . , . , . , . , . , . , . , . , . , . , . , . , . , . , HILL NEW CONCRETE STOOP MAX. 7" STEP UP c: ~ o -;g <. rn z NEW CHAIN LINK FENCE WI GATE . , . , SLOPE NEW CONCRETE 1:20 MAX. TO ACCESSIBLE ENTRANCE ~ ~OPP ~~" ~\.) GO\,.\J ~ 5530 GOLDEN VALLEY ROAD 1 "/30' SCALE (0 00 o ~ / >- ill -' -' ~ z ~ ill n -' -' (L () ~ ~ \!) I ~~ - l- II d) ~~ x ~ ill ENTRY COAT ROOM / STORAGE 5'_12)" MIN. 5'_12)" MIN. HEel-! ~~ II '" . ~ Q I r- , CLASSROOM ORDINANCE NO. 439, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 128 5530 Golden Valley Road Katie Doyle, Peaceful Valley Montessori Academy, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.30, by approving a Conditional Use Permit for certain tracts of land at 5530 Golden Valley Road, thereby allowing the applicant to operate a Child Care Facility/Montessori Academy in the Commercial Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, subd. 2(G), which findings are hereby adopted and incorporated herein by reference. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. All signage shall meet the requirements of the City's sign code (Section 4.20 of City Code). 2. The site plan shall become a part of this approval. 3. The Montessori school/childcare facility shall be limited to 25 clients, or the amount specified by the State of Minnesota. 4. The hours of normal operation shall be Monday through Friday from 6:30 am to 6:30 pm with limited monthly evening and weekend operations of 1 evening and 1 weekend per month. 5. All improvements to the building shall meet the City's Building Code requirements. 6. All necessary licenses shall be obtained by the State of Minnesota and/or the Minnesota Department of Education before schooling and childcare operations may commence. Proof of such licensing shall be presented to the Director of Planning and Development. 7. Documentation regarding the use of off-street parking spaces from a property zoned Business and Professional Offices within 500 feet of 5530 Golden Valley Road shall be submitted to the City prior to City Council approval of a Conditional Use Permit. 8. The west portion of the proposed fence shall have some sort of privacy feature screening the play area from the neighbors to the west. 9. All other applicable local, state and federal requirements shall be met at all times. 10. Failure to comply with any of the terms of this permit shall be grounds for revocation. Section 2. The tract of land affected by this ordinance is legally described as follows: Commencing at the intersection of the center line of Minneapolis and Watertown Road with the East line of Government Lot 4, thence North 200 feet, thence West 180 feet, thence South to center line of said road, thence Northeasterly along said center line to beginning except road also except parcel No. 430 as shown on MnDOT right-of-way Plat No. 27-105. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of May, 2010. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virniq Susan M. Virnig, City Clerk Hey mo n Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18,2010 Agenda Item 6. A. Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $3,845,000 General Obligation Improvement Bonds, Series 201 OA and $685,000 General Obligation Equipment Certificates of Indebtedness, Series 201 OB Prepared By Susan Virnig, Finance Director Summary At their meeting of April 20, 2010 the City Council passed resolutions authorizing the issuance and sale of these bond issues. The sale date was set for Tuesday, May 18, 2010. A representative of Springsted Inc will be in attendance at the meeting to present the bid results. If the City Council desires to proceed with these bond sales, after reviewing the bid results, it should adopt the attached resolutions. Attachments Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $3,845,000 General Obligation Improvement Bonds, Series 2010A (22 pages, loose in agenda packet) Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $685,000 General Obligation Equipment Certificates, Series 2010B (17 pages, loose in agenda packet) Recommended Action Motion to adopt Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $3,845,000 General Obligation Improvement Bonds, Series 2010A. Motion to adopt Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $685,000 General Obligation Equipment Certificates, Series 201 OB. Resolution 10-30 May 18,2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $3,845,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A BE IT RESOLVED by the City Council, City of Golden Valley, Minnesota (the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. This Council, by resolution duly adopted on April 20, 2010, authorized the issuance and sale on the date hereof of its General Obligation Improvement Bonds, Series 2010A (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of the Bonds will be used to finance various street improvement projects in the City (the Project). 1.2. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Springsted Incorporated, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of In and associates (the Purchaser), to purchase the Bonds at a price of $ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.3. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of June 15,2010, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2012 $ 220,000 % 2022 $ 130,000 % 2013 50,000 2023 140,000 2016 840,000 2026 210,000 2017 500,000 2027 215,000 2018 700,000 2028 220,000 2019 50,000 2029 230,000 2020 50,000 2030 240,000 2021 50,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2011, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the month immediately preceding the Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.04. Redemption. Bonds maturing in 2021 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of$5,000, on February 1,2020, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Manager shall cause notice of the call for redemption thereofto be published as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on February 1,20_ and 20_ (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing February 1, 20- Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1,20_. Term Bonds Maturing February 1, 20- Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 20_. Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment oflnitial Registrar. The City hereby appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the Bond Register) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of the principal of and interest on the Bond and for all other purposes, and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. G) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee ofDTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee ofDTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN V ALLEY GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2010A No.R- $ Interest Rate Maturity Date Date of Original Issue CUSIP No. % February 1,20_ June 15,2010 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS CITY OF GOLDEN V ALLEY, State of Minnesota (the City) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 in each year, commencing February 1,2011 (each such date, an Interest Payment Date), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month immediately preceding the Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on U.S. Bank National Association, St. Paul, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the Registrar). For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers ofthe City have been and are hereby irrevocably pledged. This Bond is one of an issue (the Bonds) in the aggregate principal amount of $3,845,000 issued pursuant to a resolution adopted by the City Council on May 18, 2010 (the Resolution), to finance various street improvement projects in the City and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in 2021 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of$5,000, on February 1, 2020, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty and not more than 60 days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds, at the holders' addresses as they appear on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20_ and 20_ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20-- Term Bonds Maturing in 20-- Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount $ $ Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereoftogether with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The Obligations have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy ad valorem taxes upon all taxable property in the City and special assessments upon property specially benefited by the local improvements financed by the Bonds, which taxes and special assessments will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated such special assessments and taxes to its General Obligation Improvement Bonds, Series 2010A Bond Fund for the payment of principal and interest; that if necessary for payment of principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Manager. CITY OF GOLDEN VALLEY, MINNESOTA (facsimile signature - Mayor) (facsimile signature - City Manager) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: U.S. BANK NATIONAL ASSOCIATION, as Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN ENT - as tenants by the entireties UTMA ................... as Custodian for ...... ............... (Cust) (Minor) under Uniform Transfers to Minors Act ..... . . . . . . ... (State) TEN COM - as tenants in common JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of bond form] SECTION 3. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2010A CONSTRUCTION FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Improvement Bonds, Series 2010A Construction Fund (the Construction Fund). To the Construction Fund there shall be credited from the proceeds of the Bonds, exclusive of unused discount, accrued and capitalized interest, if any, an amount equal to the estimated cost of the Project. There shall also be credited to the Construction Fund all special assessments collected with respect to the Project until all costs of the Project have been fully paid. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project. To the extent required by Minnesota Statutes, Section 429.091, subdivision 4, the City shall maintain a separate account within the Construction Fund to record expenditures for each improvement. The City Manager shall maintain the Construction Fund until all costs and expenses incurred by the City in connection with the construction of the improvements have been paid. All special assessments on hand in the Construction Fund when terminated or thereafter received, and any Bond proceeds not so transferred, shall be credited to the General Obligation Improvement Bonds, Series 201 OA Bond Fund. SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 20 lOA BOND FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Improvement Bonds, Series 201 OA Bond Fund (the Bond Fund). Into the Bond Fund shall be paid (a) the amounts specified in Section 3 above, (b) capitalized interest, accrued interest and unused bond discount, if any, received from the Purchaser upon delivery of the Bonds, (c) any special assessments and taxes collected pursuant to Sections 5 or 6 hereof, except as otherwise provided in Section 3 hereof and (d) any other funds appropriated by the City Council for the payment of the Bonds. The money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The Bond Fund shall be maintained until the City has paid, or made provision for the payment of, all of the principal of and interest on the Bonds. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (b) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 2 and ending on the following February 1), as monies are received into the Bond Fund, the City Manager shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. In order to ensure compliance with the Code and applicable Regulations (all as defined in Section 8.01 hereof), the Finance Director, upon allocation of any funds to the Bond Fund, shall ascertain the balance then on hand in the Bond Fund. If it exceeds the amount of principal and interest on the Bonds to become due and payable through the next following February 1, plus a reasonable carryover equal to 11lth of the debt service due in the following bond year, the excess shall (unless an opinion is received from bond counsel stating that another use shall not interfere with the tax exemption of the bonds) be used to prepay or purchase Bonds, or be invested at a yield which does not exceed the yield on the Bonds calculated in accordance with Section 148 of the Code. SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the costs of the Project, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of the Project financed by the Bonds. The City estimates it has levied or will levy special assessments in the original aggregate principal amount of $777,550.48. It is estimated that the principal and interest on such special assessments will be levied beginning in 2010 and collected in the years 2011-2020 in the amounts shown on Appendix I attached hereto. The principal of the special assessments shall be made payable in annual installments, with interest as established by this City Council in accordance with law on installments thereof from time to time remaining unpaid. In the event any special assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this City Councilor by any of the officers or employees of the City, either in the making of such special assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such special assessment a valid and binding lien upon said property. SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively come due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of special assessments as set forth in Section 5, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in years and amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 8.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project. The Project is and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non- governmental person relating to the use of the Project, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 8.02. Arbitrage Certification. The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations. 8.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 8.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Project which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements of Section 1. 150-2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Project as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. The City has adopted a resolution on January 6, 2009, expressing an intent to reimburse Project expenditures from proceeds of tax-exempt bonds. 8.05. Qualified Tax-Exempt Obligations. The Bonds are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and the City hereby finds that the reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2010 does not exceed $30,000,000. 8.06 Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. 9 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year ofthe City, commencing with the fiscal year ending December 31, 2009, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(l) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (1) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)( 1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. ( c) Manner of Disclosure. (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) The City further agrees to make available, by electronic transmission, overnight delivery, mail or other means, as appropriate, the information described in subsection (b) to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraph (1) of this subsection (c), or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (3) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants ofthe City in this section shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation ofthe Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(S) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(S) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration of Bonds. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the Auditor's bond register. 9.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 9.03. Official Statement. The Official Statement relating to the Bonds, dated May 6, 2010, prepared and distributed by Springsted Incorporated, the financial consultant for the City, is hereby approved. Springsted Incorporated is hereby authorized on behalf ofthe City to prepare and deliver to the Purchaser within seven business days from the date hereof a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. APPENDIX I City of Golden Valley, Minnesota General Obligation Improvement Bonds, Series 2010A Payments on Special Assessments Year of Collection Principal Interest Total 2011 $ 77,755.05 $63,499.96 $ 141,255.01 2012 77,755.05 48,985.68 126,740.73 2013 77,755.05 43,542.82 121,297.87 2014 77,755.05 38,099.98 115,855.03 2015 77,755.05 32,657.12 110,412.17 2016 77,755.05 27,214.26 104,969.31 2017 77,755.05 21,771.42 99,526.47 2018 77,755.05 16,328.56 94,083.61 2019 77,755.04 10,885.70 88,640.74 2020 77,755.04 5,442.86 83,197.90 $777,550.48 $308,428.36 $1,085,978.84 Resolution 10-31 May 18,2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $685,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010B BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the Issuer), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council, by resolution duly adopted on April 20, 2010, authorized the issuance and sale of $685,000 General Obligation Equipment Certificates of Indebtedness, Series 201 OB (the Obligations) of the Issuer to finance the costs of acquiring items of capital equipment (the Project). Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed 0.25 percent of the market value of taxable property in the Issuer. 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the Issuer by Springsted Incorporated, sealed proposals for the purchase of the Obligations were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , III , and associates (the Purchaser), to purchase the Obligations at a price of $ plus accrued interest on all Obligations to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Obligations is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer for the sale of the Obligations in accordance with the terms of the proposal. The good faith deposit ofthe Purchaser shall be retained by the Issuer until the Obligations have been delivered, and shall be deducted from the purchase price paid at settlement. Section 2. Obligation Terms; Registration; Execution and Delivery. 2.01. Issuance of Obligations. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to and in the valid issuance of the Obligations having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Obligations, to provide security therefor and to issue the Obligations forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Obligations shall be originally dated as of June 15,2010, shall be in denominations of $5,000 or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, without option of prior payment, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, as follows: Year Amount Interest Rate 2012 2013 2014 $225,000 230,000 230,000 % The Obligations shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Obligation at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon the initial delivery of the Obligations pursuant to Section 2.07, and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Obligation so delivered, exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be payable on each February 1 and August 1, commencing February 1,2011, to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.04. Redemption. The Obligations shall not be subject to prepayment prior to their stated maturities. 2.05. Appointment ofInitial Registrar. The Issuer hereby appoints U.S. Bank National Association, St. Paul, Minnesota as the initial bond registrar, transfer agent and paying agent (the Registrar) for the Obligations. The Mayor and City Manager are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. The Issuer reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Obligations in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Obligations and the registration of transfers and exchanges of Obligations entitled to be registered, transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Obligations of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Obligations of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Obligations surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Obligation is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (1) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Obligation is at any time registered in the bond register as the absolute owner of the Obligation, whether the Obligation shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Obligation and for all other purposes, and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Obligation to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Obligations (except for an exchange upon a partial redemption of an Obligation), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Obligations. In case any Obligation shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Obligation of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any Obligation destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith, and, in the case of an Obligation destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Obligation was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the Issuer and the Registrar shall be named as obligees. All Obligations so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. Ifthe mutilated, destroyed, stolen or lost Obligation has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Obligations, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. G) Valid Obligations. All Obligations issued upon any transfer or exchange of Obligations shall be the valid obligations of the Issuer, evidencing the same debt, and entitled to the same benefits under this Resolution as the Obligations surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Obligations shall be prepared under the direction of the City Manager and shall be executed on behalf of the Issuer by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Obligations shall cease to be such officer before the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Obligation shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Obligation has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Obligations need not be signed by the same representative. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to an Obligation, the person in whose name such Obligation is recorded as the beneficial owner of such Obligation by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee ofDTC with respect to the Obligations. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Obligations as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (b) The Obligations shall be initially issued as separately authenticated fully registered obligations, and one Obligation shall be issued in the principal amount of each stated maturity of the Obligations. Upon initial issuance, the ownership of such Obligations shall be registered in the bond register in the name of Cede & Co., as nominee ofDTC. The Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Obligations registered in its name for the purposes of payment of the principal of or interest on the Obligations, selecting the Obligations or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Obligations under this resolution, registering the transfer of Obligations, and for all other purposes whatsoever, and neither the Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Obligations under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Obligations, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Obligations, with respect to any notice which is permitted or required to be given to owners of Obligations under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Obligations, or with respect to any consent given or other action taken by DTC as registered owner of the Obligations. So long as any Obligation is registered in the name of Cede & Co., as nominee ofDTC, the Registrar shall pay all principal of and interest on such Obligation, and shall give all notices with respect to such Obligation, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and interest on the Obligations to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Obligation for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Obligations will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Obligations in the form of bond certificates, the Issuer may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Obligations in the form of certificates. In such event, the Obligations will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Obligations at any time by giving notice to the Issuer and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Obligations will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. (e) In the event that any transfer or exchange of Obligations is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Obligations to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Obligations in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Obligations, or another securities depository as owner of all the Obligations, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Obligations in the form of bond certificates and the method of payment of principal of and interest on such Obligations in the form of bond certificates. 2.09. Form of Obligations. The Obligations shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN V ALLEY GENERAL OBLIGA nON EQUIPMENT CER TIFICA TE OF INDEBTEDNESS, SERIES 201 OB Maturity Date Date of Original Issue CUSIP No. Interest Rate % February 1,20_ June 15,2010 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF GOLDEN VALLEY, MINNESOTA (the Issuer), acknowledges itself to be indebted and for value received hereby promises to pay the principal sum specified above on the maturity date specified above, without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1,2011, to the person in whose name this Obligation is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft or other agreed means of payment by U.S. Bank National Association, St. Paul, Minnesota as Registrar and Paying Agent (the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Obligation is one of an issue in the aggregate principal amount of $685,000 issued pursuant to a resolution adopted by the City Council on May 18, 2010 (the Resolution), to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. The Obligations are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. The Obligations are not subject to optional redemption prior to maturity. As provided in the Resolution and subject to certain limitations set forth therein, this Obligation is transferable upon the books of the Issuer at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Obligations of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Obligation or Obligations to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. Notwithstanding any other provisions of this Obligation, so long as this Obligation is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Obligation, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the Issuer. The Obligations have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Issuer and the Registrar may deem and treat the person in whose name this Obligation is registered as the absolute owner hereof, whether this Obligation is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to and in the issuance of this Obligation in order to make it a valid and binding general obligation of the Issuer in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has levied ad valorem taxes on all taxable property in the Issuer, which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Obligations when due, and has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness, Series 201 OB Sinking Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the Issuer, without limitation as to rate or amount and that the issuance of this Obligation, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness. This Obligation shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Golden Valley, Minnesota, by its City Council, has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Obligation to be dated as of the date set forth below. CITY OF GOLDEN V ALLEY, MINNESOTA (facsimile signature - City Manager) (facsimile signature - Mayor) CERTIFICATE OF AUTHENTICATION This is one ofthe Obligations delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION, as Registrar Dated: By Authorized Representative The following abbreviations, when used in the inscription on the face of this Obligation, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA ................... as Custodian for ... .. . ............... (Cust) (Minor) under Uniform Transfers to Minors Act... . . . . . . . . ... (State) TEN ENT - as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Obligation and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Obligation on the books kept for registration of the within Obligation, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Obligation in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of Bond form] Section 3. General Obligation Equipment Certificates of Indebtedness, Series 2010B Sinking Fund. So long as any of the Obligations are outstanding and any principal of or interest thereon unpaid, the City Manager shall maintain a separate debt service fund on the official books and records ofthe Issuer to be known as the General Obligation Equipment Certificates of Indebtedness, Series 201 OB Sinking Fund (the Sinking Fund), and the principal of and interest on the Obligations shall be payable from the Sinking Fund. The Issuer irrevocably appropriates to the Sinking Fund (a) any amount in excess of $ received from the Purchaser (including amounts representing capitalized interest); (b) all taxes levied and collected in accordance with this Resolution; and (c) all other moneys as shall be appropriated by the City Council to the Sinking Fund from time to time. If the balance in the Sinking Fund is at any time insufficient to pay all interest and principal then due on all Obligations payable therefrom, the payment shall be made from any fund of the Issuer which is available for that purpose, subject to reimbursement from the Sinking Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. Section 4. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Obligations as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Obligations, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes are to be levied and collected in the following years and amounts: Levy Years Collection Years Amount 2010-2012 2011-2013 See attached Levy Computation The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid, provided that the Issuer reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. Section 5. Defeasance. When all of the Obligations have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Obligations shall cease. The Issuer may discharge its obligations with respect to any Obligations which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full, or if any Obligation should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also at any time discharge its obligations with respect to any Obligations, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity. Section 6. Certification of Proceedings. 6.01. Registration of Obligations and Levv of Taxes. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Obligations have been duly entered upon the Auditor's bond register and the tax required by law has been levied. 6.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Obligations and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. 6.03. Official Statement. The Official Statement relating to the Obligations, dated May 6, 2010, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved. Springsted Incorporated is hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Obligations required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission (the SEC) under the Securities Exchange Act of 1934. The officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Tax Covenants; Arbitrage Matters; Reimbursement and Continuing Disclosure. 7.01. General Tax Covenant. The Issuer covenants and agrees with the registered owners from time to time of the Obligations that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Obligations to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations), and covenants to take any and all actions within its powers to ensure that the interest on the Obligations will not become includable in gross income of the recipient under the Code and the Regulations. In particular, the Issuer covenants and agrees that all proceeds of the Obligations will be expended solely for the payment of the costs of acquisition and installation of capital equipment to be owned and maintained by the Issuer and used in the Issuer's general governmental operations. The Issuer shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of the equipment or security for the payment of the Obligations which might cause the Obligations to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 7.02. Certification. The Mayor and City Manager being the officers of the Issuer charged with the responsibility for issuing the Obligations pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Obligations which make it reasonable to expect that the proceeds of the Obligations will not be used in a manner that would cause the Obligations to be "arbitrage bonds" within the meaning of the Code and Regulations. 7.03. Arbitrage Rebate. The Issuer acknowledges that the Obligations are subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Obligations from gross income for federal income tax purposes, unless the Obligations qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Obligations (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 7.04. Reimbursement. The Issuer certifies that the proceeds of the Obligations will not be used by the Issuer to reimburse itself for any expenditure with respect to the equipment which the Issuer paid or will have paid more than 60 days prior to the issuance of the Obligations unless, with respect to such prior expenditures, the Issuer shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the equipment meeting the requirements of Section 1.150- 2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the equipment as defined in Section 1.150-2(f)(2) of the Regulations which in the aggregate do not exceed 20% of the "issue price" of the Obligations. 7.05. Qualified Tax-Exempt Obligations. The Obligations are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and the Issuer hereby finds that the reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the Issuer and all subordinate entities during calendar year 2010 does not exceed $30,000,000. 7.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Obligations and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Obligations to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F .R. S 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Obligations, the Issuer hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Obligations. The Issuer is the only obligated person in respect of the Obligations within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The Issuer has complied in all material respects with any undertaking previously entered into by it under the Rule. If the Issuer fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Obligations, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Obligations or under any other provision of this resolution. As used in this section, Owner or Obligation Owner means, in respect of an Obligation, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of an Obligation, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Obligation (including persons or entities holding Obligations through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Obligation for federal income tax purposes. (b) Information To Be Disclosed. The Issuer will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the Issuer, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the Issuer, commencing with the fiscal year ending December 31, 2009, the following financial information and operating data in respect of the Issuer (the Disclosure Information): (A) the audited financial statements of the Issuer for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year ofthe Issuer, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the Issuer, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the Issuer; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the headings: City Property Values, City Indebtedness, City Tax Rates, and Levies and Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the Issuer shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the Issuer shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the Issuer have materially changed or been discontinued, such Disclosure Information need no longer be provided if the Issuer includes in the Disclosure Information a statement to such effect, provided, however, that if such operations have been replaced by other Issuer operations in respect of which data is not included in the Disclosure Information and the Issuer determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(l) or subsection (d), then the Issuer shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (1) Release, substitution, or sale of property securing repayment ofthe securities; and (K) Rating changes. As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell an Obligation or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of an Obligation within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the Issuer to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the Issuer under subsection (d)(2); (C) the termination of the obligations of the Issuer under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the Issuer. (c) Manner of Disclosure. (1) The Issuer agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) The Issuer further agrees to make available, by electronic transmission, overnight delivery, mail or other means, as appropriate, the information described in subsection (b) to any rating agency then maintaining a rating of the Bonds at the request of the Issuer and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraph (1) of this subsection (c), or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (3) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information .as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the Issuer in this section shall remain in effect so long as any Obligations are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the Issuer under this section shall terminate and be without further effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the Issuer to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Obligations to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the Issuer from time to time, without notice to (except as provided in paragraph (c )(3) hereof) or the consent of the Owners of any Obligations, by a resolution of this Council filed in the office of the recording officer of the Issuer accompanied by an opinion of Bond Counsel, who may rely on certificates of the Issuer and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the Issuer or the type of operations conducted by the Issuer, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Obligations, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Obligation Owners under the Rule. If the Disclosure Information is so amended, the Issuer agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public ~H~y Me orandu Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 6. B. On-Sale Wine, Strong Beer and Sunday Sale Liquor License - Nong's Thai Cuisine LLC Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary Nong's Thai Cuisine LLC, has applied for a Wine On-Sale and Strong Beer License and Sunday Sale Liquor License. The restaurant is located at 2520 Hillsboro Avenue North in Sunny Hollow Shopping Center. The owner of the restaurant is Pallop Ratnasingha. The City Attorney has reviewed the application, and has found the application documents are in order and complete. The applicant meets all State and City requirements for consideration of the issuance of a Wine On-Sale and Strong Beer License and Sunday Sale Liquor License. Recommended Action Motion to approve the issuance of an On-Sale Wine and Strong Beer and Sunday Sale liquor license to Nong's Thai Cuisine LLC, located at 2520 Hillsboro Avenue North in the Sunny Hollow Shopping Center. alley em rand m Planning 763-593-8095/763-593-8109 (fax) Executive Summary Golden Valley Council/Manager Meeting April 13, 2010 Agenda Item 6. C. Ordinance #440 - Interim Ordinance Imposing a Twelve Month Moratorium - Portion of Douglas Drive Corridor - Block 1 and 2, Expressway International Park Prepared By Joe Hogeboom, City Planner Summary In January 2010 the City formally incorporated the Douglas Drive Corridor Study into its Comprehensive Plan. The Corridor Study was implemented for the purpose of guiding long- range land use planning along Douglas Drive. Although primarily residential in character, the Douglas Drive Corridor does contain several locations where it is appropriate for other land uses. One of such locations is the northeast intersection of Trunk Highway 55 and Douglas Drive, identified in the Corridor Study as the TH 55 Campus. This area has been defined as a potential future employment center. The Corridor Study establishes the following goals for the TH 55 Campus: . Reinforce employment uses. . Reorganize roadway access and create parcels that are more developable. . Create a better link to Zane Avenue. . Enhance the corridor's south "gateway." In an effort analyze the goals and objectives of the Corridor Study, as well as to evaluate proper zoning and land use controls, staff is proposing to implement a moratorium on properties bounded by Douglas Drive to the west, TH 55 to the south, the Canadian Pacific Railroad to the east, and the Union Pacific railroad to the north (see attached map.) The proposed moratorium would apply to all properties located within the Expressway International Park subdivision and be in effect for one year. Attachments Ordinance #440, Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park in the Douglas Drive Corridor, Golden Valley, Minnesota (5 pages) Recommended Action Motion to adopt Ordinance #440, Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park in the Douglas Drive Corridor, Golden Valley, Minnesota. ORDINANCE NO. 440, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE INTERIM ORDINANCE IMPOSING A lWELVE MONTH MORATORIUM ON CERTAIN DEVELOPMENT IN EXPRESSWAY INTERNATIONAL PARK IN THE DOUGLAS DRIVE CORRIDOR, GOLDEN VALLEY, MINNESOTA The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Preamble. 1.01. The staff for the City of Golden Valley, and the City's Housing and Redevelopment Authority, Planning Commission and Golden Valley City Council, have had ongoing discussions regarding the development of the Douglas Drive Corridor which area is depicted in "Exhibit A" attached. 1.02. The City Council has adopted a preliminary study relating to the Douglas Drive Corridor. The preliminary study was published in draft form on November 9, 2009, adopted by the City Council and is pending approval by the Metropolitan Council to be incorporated into Golden Valley's Comprehensive Plan (the "Preliminary Study"). 1.03. The City Council finds it necessary to further study the existing conditions of the Douglas Drive Corridor including without limitation the Douglas Drive and Highway 55 intersection, and immediately adjacent areas to the northeast, to determine the impact of comprehensive zoning changes to the development of the City within the Douglas Drive Corridor (the "Study"). 1.04. The City Council finds the Study necessary to: (i) develop and adopt policies to reinforce employment uses at the south end of the corridor, and provide common functions to serve all of the development, and (ii) develop and adopt zoning and land use control changes that would enhance the Douglas Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway access to create parcels that are more developable, and create a better link to lane Avenue. 1.05. To protect the planning process and preserve the welfare of the city of Golden Valley, the City Council finds it necessary to enact an interim moratorium on certain zoning, planning and development in Expressway International Park Blocks 1 and 2 (the "Moratorium Area"), as legally described as Blocks 1 and 2, Expressway International Park. 1.06. In order to protect the planning process and preserve the welfare of the citizens of the City of Golden Valley, the City Council has determined it is necessary to place a twelve (12) month moratorium on: (i) issuing building permits that would increase the footprint of any existing building in the Moratorium Area; (ii) the application for, and construction of, new projects in the Moratorium Area; (iii) the application for, and approval of, rezoning or subdivision of any land in the Moratorium Area; and (iv) the application for, and approval of, a planned unit development or conditional use permit in the Moratorium Area where such development, rezoning, subdivision, conditional use permit or planned unit development would otherwise nullify the import and benefits of such Study until the Study is completed and considered by the City Council and all requisite notices and hearings are accomplished. Without this moratorium, while the Study is pending, people may take actions which are permitted under the present ordinance but would not be under new restrictions. To prevent this from happening and to protect the planning process, the City Council is adopting an interim moratorium as authorized by Minnesota Statutes Section 462.355, Subd. 4. 1.07. This interim moratorium must be adopted pursuant to Minnesota Statutes Section .462.355, Subd. 4 in order to be effective immediately. If the normal zoning ordinance process were used alone, a period of approximately sixty (60) days would elapse before the ordinance could become effective. During this significant time gap actions could be taken to prejudice the planning process. 1.08. The City Council has a substantial government interest in preserving the public peace, health, safety and welfare of the citizens of Golden Valley, and accordingly, the City Council finds that an interim ordinance is needed for the purpose of protecting the planning process and the public peace, health, safety and welfare of its citizens. Section 2. BackQround. 2.01. Based on the Preliminary Study results published in draft form on November 9, 2009, the City Council adopted the Preliminary Study, its findings and recommendations, and the Preliminary Study is pending approval by the Metropolitan Council for incorporation into Golden Valley's Comprehensive Plan. 2.02. Based on the City Council's adoption of the Preliminary Study, the City Council finds it necessary to: (i) develop and adopt policies to reinforce employment uses at the south end of the corridor, and provide common functions to serve all of the development, and (ii) develop and adopt zoning and land use control changes that would enhance the Douglas Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway access to create parcels that are more developable, and create a better link to Zane Avenue. 2.03. The City Council is concerned that the City's current zoning ordinance and related ordinances may be inadequate in scope and restrictions to accomplish the goals adopted in the Preliminary Study. 2.04. The City Council finds that City staff needs additional time to conduct further studies so that the City can adopt a set of comprehensive plans and land use zoning regulations, and optimal policies pertaining to the development goals in the Preliminary Study. Such a study will address the policy goals, land use and zoning issues raised by the Preliminary Study. 2.06. The City Council has directed that such further study be undertaken. 2.07. The City Council finds it necessary to enact this interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City by prohibiting (i) the issuance of any building permits which would increase the footprint of any existing building in the Moratorium Area; (ii) the application for, and construction of, new projects in the Moratorium Area; (iii) the application for, and approval of any rezoning or subdivision within the Moratorium area; and (iv) the application for, and approval of, a planned unit development or conditional use permit in the Moratorium Area, until such further study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 2.08. Minnesota Statutes, Section 462.355, subdivision 4, permits the adoption of interim ordinances which regulate, restrict or prohibit any use during the planning process. Section 3. Planninq and loninq Study; Moratorium. 3.01. The City Council authorizes the Study to be conducted by City staff: (i) to develop policies to reinforce employment uses at the south end of the corridor, and provide common functions to serve all of the development, and (ii) to develop zoning and land use control changes that would enhance the Douglas Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway access to create parcels that are more developable, and create a better link to lane Avenue The scope of the study should include, but is not limited to, the following: a. the particular permitted or conditional uses allowed in the area; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area. 3.02. Upon completion of tre Study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.03. The City Council adopts this Interim Ordinance pursuant to, inter alia, Minnesota Statute S 462.355, subd. 4, imposing a twelve (12) month moratorium prohibiting: (i) the issuance of any building permits which would increase the footprint of any existing building in the Moratorium Area; (ii) the application for, and construction of, new projects in the Moratorium Area; (iii) the application for, and approval of any rezoning or subdivision within the Moratorium Area; and (iv) the application for, and approval of, a planned unit development or conditional use permit in the Moratorium Area. During this twelve (12) month moratorium period, no new or existing applications for building permits or approval under Golden Valley Code, ch. 11 or ch. 12, shall be considered or granted which would result in: (i) development within the Moratorium Area that incorporates an increase in the footprint of any existing building in the Moratorium Area; (ii) any construction of new projects in the Moratorium Area; (iii) any rezoning or subdivision within the Moratorium Area, or (iv) any planned unit development or new conditional use in the Moratorium Area. Section 4. Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separability. Every section, provision or part of this ordinance is declared separate from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Section 6. Duration. This interim ordinance shall be effective immediately upon adoption and shall terminate on (one year after publication) unless renewed by the City Council. Section 7. Penalty. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sections 11.99 and 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Adopted by the City Council this 18th day of May, 2010. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virniq Susan M. Virnig, City Clerk [Exhibit A I AREA OF INFLUENCE \ II ..,-:!'''''\''", . alley mo nd City Administration/Council 763-593-8006 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 18, 2010 Agenda Item 6. D. 1. Reset Council/Manager Meeting Date Prepared By Judy Nally, Administrative Assistant Summary The Legislature moved the Primary Election date from September 14 to August 10. The Council/Manager meeting date needs to be rescheduled. Recommended Action Motion to reset the Council/Manager meeting from August 10 to Wednesday, August 11, 2010.