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09-04-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Councii Golden Valley City Hall 7800 Golden Valley Road Council Chamber September 4, 2012 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 PAGES A. Roll Call B. Pledge of Allegiance C. Board/Commission Oath of Office and Presentation of Certificate of Appointment 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 - August 8, 2012 and Special City Council 3-13 Meeting - August 21, 2012 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority 14 C. Licenses 15 1. Solicitor's License - NARAL Pro-Choice Minnesota 16-18 D. Minutes of Boards and Commissions: 1. Planning Commission - August 13, 2012 19-24 2. Joint Water Commission - July 11, 2012 25-27 3. Board of Zoning Appeals - July 24, 2012 28-30 4. Environmental Commission - July 30, 2012 31 5. Human Rights Commission Task Force - August 9 and 20, 2012 32-36 6. Bassett Creek Watershed Management Commission - June 21, 2012 37-43 E. Bids and Quotes: 1. Anti-Icing Salt Brine Production Equipment 44-45 F. Call for Public Hearing - Host Approval for Issuance of Revenue Obligations - Cities 46-49 of Minnetonka and St. Louis Park for Breck School - 10/2/12 G. Call for Public Hearing - Certification of Special Assessments - Delinquent Utility Bills 50 and Miscellaneous Charges - 10/2/12 H. Authorization to Sign 2012 Minnesota Department of Transportation Community 51-62 Roadside Landscaping Partnership Program Agreement for Highway 55 Lilac Planting 12-61 I. Call for Public Hearing - Existing Platted Easement Vacation - 4900 Triton Drive - 63-67 9/19/12 12-62 J. Authorization to Rescind No Parking Restrictions and Establish New No Parking 68-72 Restrictions - Portion of General Mills Boulevard 12-63 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #486 - Conditional Use Permit No. 132 - 8806 7th 73-89 Avenue North - Brian Ammann, Minnesota School of Basketball, Applicant B. Public Hearing - Amendment to General Land Use Plan Map - Re-designating 9130 90-104 and 9220 Olson Memorial Highway - Commercial-Retail to Residential-High Density 12-64 C. Public Hearing - Ordinance #487 - Rezoning from Commercial Zoning District to High 105-117 Density Residential Zoning District (R-4) - 9130 and 9220 Olson Memorial Highway - Tiburon 55 LLC, Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. Adopting Proposed 2013 Budget and Tax Levies Payable in 2013 12-65 118-123 B. Set Date for Hearing - 2013-2014 Budget and 2013 Property Tax Levy - 12/4/12 124 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT Regular Meeting of the City Council August 8, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on August 8, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledae of Alleqiance The Pledge of Allegiance was recited. Presentation of Envision Award - Golden Vallev Garden Club Jeannine Clancy reviewed the nomination of the Golden Valley Garden Club for their service to the community for their landscaping projects throughout the city since 1939. Mayor Harris presented an Envision Award to the Day Unit and Evening Unit of the Garden Club. Approval of Actenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of August 8, 2012 as amended: addition of Mayor and Communications — Recent Meetings/Contacts summary from Mayor Harris. Approval of Consent Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of August 8, 2012 as amended: removal of Approval of Minutes - City Council Meeting - June 19, 2012 and Rescind No Parking Restrictions - East Side of Toledo Avenue North Adjacent to Scheid Park. Approval of Minutes - Citv Council Meetina - June 19, 2012 Council Member Clausen requested that it be reflected that in the minutes that the letter from Ron Wallerious was aloud prior to the letter being received and filed. MOVED by Clausen, seconded by Freiberg and motion carried unanimously to add the following sentence to item Letter from Ron Wallerious Regarding Chickens: Council Member Scanlon read the letter from Ron Wallerious. Regular Meeting of the City Council August 8, 2012 Page 2 Approval of Minutes - Citv Council Meetinq - June 19, 2012 - Continued MOVED by Pentel, seconded by Clausen and motion carried unanimously to approve the City Council Meeting minutes of June 19, 2012 as amended: *General Business Licenses MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Approval of Check ReQister MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - June 26, 2012 Environmental Commission - June 25, 2012 Human Services Fund - June 11, 2012 Joint Water Commission Tri-city Council - May 7, 2012 Bassett Creek Watershed Management Commission - April 19, 2012 *Lions Park Shelter Buildinq Maintenance - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously to award the bid for Lions Park shelter building maintenance to the lowest responsible bidder, Flag Builders of Minnesota, Inc. for$85,248. The bids were as follows: Flag Builders of Minnesota, Inc. $ 85,248 Marge Magnuson Construction $148,891 John A. Dalsin & Sons, Inc. $157,000 *Schaper Park Shelter Buildinq Maintenance - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously to award the bid for Schaper Park shelter building maintenance to the lowest responsible bidder, Restoration Systems, Inc. for $35,900. The bids are as follows: Restorations Systems, Inc. $35,900 Flag Builders of Minnesota, Inc. $40,024 Marge Magnuson Construction $64,054 Regular Meeting of the City Councii August 8, 2012 Page 3 *Receipt of June 2012 Budaet Report MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the June 2012 Financial Reports. *Approval of ReQUests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. *Approval of 180-Dav Extension for Filinq of Plat and Submittinu Final PUD Plan A�plication - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Hiqhwav 100 - Duke Realtv, Applicant MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve an extension for submittal of the Final PUD Plan application and' the Final Plat for The Towers at West End, PUD No. 107 until February 4, 2013, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. MCES and Duke to reach a conclusion on the permanent location of the lift station, the force main alignment, and all other appurtenances needed for the construction of the 1-GV-461 force main within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. 4. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60 days. If adequate progress is being made to meet the terms of the PUD, the Council may extend the PUD for an additional term not to exceed 120 days. If adequate progress is not being made to meet the terms of the PUD, the Council may revoke any further extension of the PUD preliminary approval beyond the first approximate 60 days. If Council finds that adequate progress is being made to meet the terms of the PUD, the Council may permit the extension of the PUD preliminary approval to continue for the remaining approximate 120 days. Regular Meeting of the City Council August 8, 2012 Page 4 *Authorization to Sell Excess Equipment - Fire Hose Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-56 RESOLUTION AUTHORIZING SALE OF EXCESS EQUIPMENT (FIRE HOSE) The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Rescind No Parkinq Restrictions - East Side of Toledo Avenue North Adiacent to Scheid Park Council Member Pentel congratulated staff on acquiring the homes on the Scheid Park block stating removing the parking restrictions will make it easier for use. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-57 RESOLUTION RECINDING RESTRICTION OF VEHICLE PARKING ON THE EAST SIDE OF TOLEDO AVENUE NORTH ADJACENT TO SCHEID PARK The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Authorizinu 2012 Application to Minnesota Department of Transportation Communitv Roadside Landscapina Partnership Proaram for Hiahwav 55 Lilac Plantinp Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-58 RESOLUTION AUTHORIZING 2012 APPLICATION TO MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM - HIGHWAY 55 LILAC PLANTING Regular Meeting of the City Council August 8, 2012 Page 5 *Authorizina 2012 Application to Minnesota Department of Transportation Communitv Roadside LandscapinQ Partnership Prouram for Hiahwav 55 Lilac Plantinq - Continued The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. '�Call for Administrative Hearinq - Appeal of Administrative Citation - 1816 York Avenue North - 8/21/12 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to call for an administrative hearing on an appeal of administrative citation for 1816 York Avenue North for August 21, 2012 at 6 pm. Public Hearinq - Covenant Retirement Communities, Inc. - Issuance of Bonds Sue Virnig, Finance Director, introduced the agenda item. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-59 RESOLUTION PROVIDING FOR ISSUANCE OF REVENUE AND REFUNDING BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY FOR COVENANT RETIREMENT COMMUNITIES, INC. AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Public Hearinq - Preliminarv Plat Approval - Savannah Estates - 6601 and 6621 Medicine Lake Road Rollin Thornton, Applicant, reviewed the plat and answered questions from the Council Regular Meeting of the City Council August 8, 2012 Page 6 Public Hearinq - Preliminarv Plat Approval - Savannah Estates - 6601 and 6621 Medicine Lake Road - Continued Cathy Waldhauser, Planning Commission, presented the Commission report and answered questions from the CounciL Joe Hogeboom, Planner, presented the staff report and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the Preliminary Plat for Savannah Estates, 6601 and 6621 Medicine Lake Road, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$1,650 shall be paid before final plat approval. 3. The Public Works Department memorandum, dated July 3, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the Public Works Department memorandum. 4. All applicable development associated fees, including the park dedication fee, shall be paid in full prior to approval of the Final Plat. 5. All applicable City permits shall be obtained prior to the development of the new lots. Public Hearing - Amendment to Comprehensive Plan General Land Use Plan Map - Change from Residential-Low Densitv to Commercial-Retail/Service - 7345 Countrv Club Drive (Schuller's Tavern) Cathy Waldhauser, Planning Commission, presented the Commission report and answered questions from the Council. Joe Hogeboom, Planner, presented the staff report and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Regular Meeting of the City Council August 8, 2012 Page 7 Public Hearinq - Amendment to Comprehensive Plan General Land Use Plan Map - Change from Residential-Low Densitv to Commercial-Retail/Service - 7345 Countrv Club Drive (Schuller's Tavern) - Continued Ellen Mickelson, 6140 Glenwood Avenue, feels it is not fair to the homeowners in the neighborhood to have it rezoned as you don't know what the property would end up becoming; stated she would not like this to happen if I lived in the neighborhood or across the street, when people drink they get loud and the City doesn't need any more noise or development of this kind; expressed concern for increase in traffic, and suggested Schuller's spruce up their property with some inexpensive landscaping. Ed Vizard, 7120 Glenwood Avenue, stated he is not opposed to a patio as it might be a good thing for the neighborhood and business; feels the major issue is the change in zoning which will change the entire character of the neighborhood; stated they are a small compact neighborhood without about 60 neighbors attending the Night to Unite; feels that if you change the zoning it will put a wedge into the neighborhood and unknown consequences in the future; changing the zoning will make it more attractive to commercial applications; the owners say they will stay there forever but times change and things happen and you don't know if it will be a tavern or a gas station; changing the zoning is a threat to the neighborhood and suggested finding another way to get the patio in there; apparently Schuller's has not been incompliance much over the years and it may have to be done creatively; urged the Council not to change the zoning and leave it residential. John Hiebert, 7421 Glenwood Avenue, doesn't want the change in the comprehensive plan map, it has been zoned residential since 1970's and the history of the neighborhood is residential; Schuller's has been allowed to stay as a non-conforming use and they have not had issues with them; stated the current owner bought the bar knowing the restrictions; stated they spoke to staff before they purchased their house and were told that they could not expand; feels the designation was to protect the neighborhood and to allow the bar to coexist with the homes; feels the Council should take the recommendation of the Planning Commission as they voted against the change and thought it could be considered spot zoning; the Commission was also concerned about developing a zoning category to make the business fit in, stated the City developed differently than Minneapolis; urged the Council to follow the recommendations of the Planning Commission and deny this change in the comprehensive plan general land use map Cate Zattola, 7421 Glenwood Avenue, suggested the Council take a step back and look at the area; feels this is not just about a patio but it is a change for the neighborhood; this would change the long-standing classification for the property and it was put in place to protect the neighborhood to allow them to enjoy a local tavern; feels this change offers limited oversight to the future development as there is no other option that commercial and no zoning category in-between; stated at the Planning Commission there were passionate arguments on both sides of the issue; but asked about the increase in noise; use by handicapped residents who use the streets; and increase in traffic; what happens if a pawn shop is put on the site and is concerned for the type of element that would bring into the area; suggested the Council listen to the residents and deny the request and if things change in the future the issue can be brought up again. Regular Meeting of the City Council August 8, 2012 Page 8 Public Hearinct - Amendment to Comprehensive Plan General Land Use Plan Map - Change from Residential-Low Densitv to Commercial-Retail/Service - 7345 Countrv Club Drive (Schuller's Tavernl - Continued Steve Sands, 1400 Sumter Avenue North, employee at Schuller's stated he spoke with the owner and he said he would be willing to sign a conditional use permit where it would remain Schuller's ; and if he sold it to another person and that person would have to abide by that or the sale would not take place; he also stated he does not have the intention of selling the restaurant; feels it is not a hot property and he woufd not get a huge offer for the place; he only want to have the patio open until 9 pm; stated that times change and when it was opened no one had patio's like they do today; stated in the 1950's they should not of changed the zoning to residential and feels to deny the request so he can compete with other restaurants is not fair. Paul Jacobs, 1608 Main Street NE, Minneapolis, owners son, stated he plans to be there for a long time; he and his brother plan to stay there and build the business as best they can; thinks a patio would be a good thing for them; other restaurants within the city have one; stated in the summer their business declines because the customers go to other restaurants where they can be outdoors; stated he hopes his kids will take over some day and keep the restaurant in the family. Craig Hartman, 7055 Country Club Drive, has no issues with Schuller's having a patio but would sympathize with the people who were in earshot and sight of it; feels the major issue is the rezoning; stated he has watched this block be compressed from a large neighborhood into to a smaller residential neighborhood which is currently under siege; feels that handicapped accessible homes are knocking the home values down; they were saturated with them and now they are being turned into rental properties; homes are being defaulted and some are vacant and thinks that some may think it is a great opportunity for business owners to take advantage of having this property rezoned; stated it may be a family bar today but can see it being turned into a multi-family homes or a mini-mall; feels that covenants on properties don't usually hold up and strongly urged the Council not to vote for the change. Nancy Azzam, 2300 Noble Avenue North, stated she is a regular lunch customer and feels it is a great amenity for the city to be able to go to a business and be greeted by staff that remember you by name and see the family run business; stated she would hate to see the family driven out of business. The Council took no action on the motion to deny an Amendment to the General Land Use Plan Map - Re-designating 7345 Country Club Drive (Schuller's Tavern) from "Residential- Low Density" to "Commercial-Retail/Service." Regular Meeting of the City Council August 8, 2012 Page 9 Announcements of Meetinqs A Breck School Neighborhood Meeting will be held on August 9, 2012 at 6:30 pm at Breck School. Some Council Members may attend the Metro Cities Forum on August 9, 2012 at 3:30 pm at the League of Minnesota Cities offices. The Human Rights Commission Task Force will meet on August 9, 2012 at 6 pm. The Council will hold board/commission interviews on August 13, 2012 at 6 pm. The next Council/Manager meeting will be held on August 13, 2012 at 6:30 pm. Primary Election Day will be held on August 14, 2012 from 7 am - 8 pm. A Bassett Creek Water Management Commission will be held on August 16, 2012 at 11:30 am. The Human Rights Commission Task Force will meet on August 20, 2012 at 6 pm. The City Council will hold an Administrative Hearing for 1816 York Avenue North on August 21, 2012at6pm. The next City Council meeting will be held on August 21, 2012 at 6:30 pm. Mavor and Council Communications Mayor Harris reviewed the list he prepared regarding the recent meetings and contacts he had made from July through August. He updated the Council on the meetings held with the Hopkins School District and the upcoming Robbinsdale School District meeting. Adiournment MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adjourn the meeting at 8:48 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Special Meeting of the City Council August 21, 2012 Pursuant to due call and notice thereof, a special meeting of the City Council ofi the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on August 21, 2012 at 6:03 pm. The following members were present: Clausen, Freiberg, Harris, and Pentel; and the following was absent: Scanlon. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Administrative Hearinq - Residential Propertv Maintenance Code Administrative Citations Appeal - 1816 York Avenue North Mayor Harris opened the meeting and recognized Allen Barnard. Allen Barnard presented an overview of the administrative hearing process. Allen Barnard administered the oath to Mark Kuhnly, Chief of Fire and Inspections; Josh Kunde, Fire/Property Maintenance Specialist. Mayor Harris stated that since the property owner was not present he requested staff to come forward to present the staff report. Mark Kuhnly and Josh Kunde presented the staff report, outlining the timeline of events and citations issues and answered questions from the Council. Mr. and Mrs. Tom Clark, 1816 York Avenue North property owners arrived at the meeting at 6:08 pm. Mayor Harris requested the property owner come forward and present his evidence. Allen Barnard administered the oath to Tom Clark. Tom Clark, 1816 York Avenue North, stated he did not know why he was ticketed a second time; doesn't think the citation is warranted, stated they had corrected previous violations; he understands that he should keep the cans "behind the house" but he doesn't have a "behind the house"; stated there are a number of people in his neighborhood that do not keep their cans behind their house; he thought he knew the neighbor who registered the complaint and he has had issues with him in the past as he was drunk and called him names and was openly antagonistic towards him; he did not ask a neighbor to put his cans close to his house while he was away; and feels he was unduly ticketed. Special Meeting of the City Council August 21, 2012 Page 2 MOVED by Freiberg, seconded by Pentel and motion carried unanimously to make the following findings and determinations: Findings 1. That the Council finds that the violation for non-removal of the garbage and recycling cans did occur; and 2. That the violation for litter, garbage and debris has been corrected, and 3. That the violation for the storage of firewood has been corrected. Determination 1. That the City Council stays the imposition of the $250.00 fine for removal of the garbage and recycling cans provided that no further violations occur within the property for a one year period ending on August 21, 2013; and 2. That if any further similar violations occur, the $250.00 fine will be reinstated, due and owing, along with any additional fines. Adiournment The Mayor adjourned the meeting at 6:25 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Resolution 12-60 - Continued September 4, 2012 1.04. Pursuant to Minnesota Statutes, Section 471.59, as amended, by agreement entered into through action of their governing bodies, two or more cities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. The agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. The City, Minnetonka, and St. Louis Park are proposing to enter into a joint powers agreement (the "Joint Powers Agreement") pursuant to which the City, as host city, will consent to the issuance of the Series 2012 Notes by St. Louis Park and Minnetonka, as issuer cities, and the financing of the Project by St. Louis Park and Minnetonka, and St. Louis Park and Minnetonka will agree to issue the Series 2012 Notes to finance the Project. 1.05. As a condition to the issuance of the Bonds, the City Council of the City is required to: (i) conduct a public hearing in accordance with the requirements of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") with respect to the proposal to issue the Series 2012 Notes; and (iii) approve the Joint Powers Agreement. Section 2. Required Actions. 2.01. The City Council will meet at 6:30 p.m. on Tuesday, October 2, 2012, to conduct a public hearing on the Project, and the proposed issuance of the Series 2012 Notes by St. Louis Park and Minnetonka. 2.02. The City Manager is hereby authorized and directed to publish a notice of the public hearing, in substantially the form attached hereto as EXHIBIT A to this resolution, in the Sun-Post, the official newspaper and a newspaper of general circulation in the City. The notice shall be published at least once at least fourteen (14) days prior to the date of the public hearing. 2.03. The Borrower shall pay to the City any and all costs paid or incurred by the City in connection with the Series 2012 Notes or the financing of the Project, whether or not the financing is carried to completion, and whether or not the Series 2012 Notes or operative instruments are executed and delivered. Shepard M. Harris, 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 his signature attested by the City Clerk. Resolution 12-60 - Continued September 4, 2012 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF GOLDEN VALLEY, MINNESOTA NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF GOLDEN VALLEY, MINNESOTA WITH RESPECT TO THE ISSUANCE OF REVENUE OBLIGATIONS BY THE CITIES OF ST. LOUIS PARK AND MINNETONKA TO FINANCE THE CONSTRUCTION AND EQUIPPING BY BRECK SCHOOL OF SCHOOL FACILITIES UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS AMENDED NOTICE IS HEREBY GIVEN that the City Council of the City of Golden Valley, Minnesota (the "City"), will hold a public hearing on Monday, October 2, 2012, at or after 6:30 p.m. at City Hall, located at 7800 Golden Valley Road, in the City, to consider a proposal that the City grant host city approval to the issuance of revenue obligations (the "Series 2012 Notes"), by the cities of St. Louis Park, Minnesota ("St. Louis Park") and Minnetonka, Minnesota ("Minnetonka") in one or more series, under Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act"), for the benefit of Breck School, a Minnesota nonprofit corporation (the "Borrower"). The Borrower is located at 123 Ottawa Avenue North, Golden Valley, Minnesota, and has a Lower School, Middle School, and Upper School, which can serve a maximum of 1,200 students in grades preschool through twelve. The proceeds of the Series 2012 Notes will be applied to the following purposes: (i) finance the demolition of a significant portion of the existing Upper School on the Borrower's campus and the construction and equipping of a new Upper School on the same site, including the rehabilitation and repurposing of the existing science facilities (collectively, the "Project"); (ii) fund one or more reserve funds, if necessary; (iii) pay capitalized interest on the Series 2012 Notes; and (iv) pay the costs of issuance of the Series 2012 Notes and other costs related to the Project. The anticipated maximum aggregate principal amount of the proposed Series 2012 Notes will not exceed $13,000,000. The Bonds will be special, limited obligations of St. Louis Park and Minnetonka, and the Series 2012 Notes and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Series 2012 Notes will ever have the right to compel any exercise of the taxing power of the City to pay the Series 2012 Notes or the interest thereon, nor to enforce payment against any property of the City. The Series 2012 Notes are to be payable solely from revenues and security provided by the Borrower to St. Louis Park and Minnetonka and pledged to the payment of the Series 2012 Notes. Before issuing the Series 2012 Notes, St. Louis Park will enter into an agreement with the Borrower and Minnetonka will enter into an agreement with the Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Series 2012 Notes when due. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: September 20, 2012 CITY OF GOLDEN VALLEY, MINNESOTA /s/Susan M. Virnig, City Clerk �a � � � � � � u v� Q ` `° 10 � r _ > a g rn9 � � m° w`� n � n y � _ � '�^ � ° ` "� �.. � � � m a m � �' O � m c v �� O . v a o� S�. . ,w o g o O O O : V � Yi �-y °� T �'r"n"". 0 Y+ ._. ._. .� � m w > L�L °u � ¢ �� >f6 m M � �n � ? a o a` � _`m � o �rn > R �".. � � � � _ � N n � c � N y '� � N Z = � � � � a �� d 3 c� �' a��i � �� 8 - � Q � � � m a � y � m °� � (n Q a 3 r �.' 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"'Q . ..---- -----.._____------��:.� °:U 1 -_r�Y.c � _ , _---•—�--�------�—-. ------ - _ _ . . � _ , �._.—� ,. � - �o ,.�; iilnuivA'i.�do ti.Lr� c '/� °'� �U Y �/J . 111noYV.l'Id �lyvd sl.1o�1�15 _ =o°��a U N —I :l() {1.I:) � :10,I.LIJ ' (9 c�j c o G U 6 m U'm� Resolution 12-65 September 4, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A PROPOSED 2013 BUDGET AND PROPOSED TAX LEVIES PAYABLE IN 2013 WHEREAS, State Law requires the certification of a proposed budget and proposed tax levies no later than September 15, 2012; and WHEREAS, the City Council has met and discussed the proposed budget and tax levy; and NOW, THEREFORE BE IT RESOLVED that there is hereby levied upon all taxable property located within the City of Golden Valley the following amounts: General Tax Levy $12,218,066 Bonded Debt Levy: Certificates of Indebtedness 738,016 Street Improvement Bonds 3,688,150 Tax Abatement Levy 300,000 TOTAL Tax Levy $16,944,232 BE IT FURTHER RESOLVED the City Clerk shall certify to the Hennepin County Auditor a copy of this resolution approving the 2012 property tax levies for collection in 2013 for the City of Golden Valley. BE IT FURTHER RESOLVED that the proposed 2013 budget of the General Fund is $15,344,385 and the proposed 2014 budget is approved in concept only. BE IT FURTHER RESOLVED that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval af the City's budget and property tax levies both prapased and final. Shepard M. Harris, 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 resolutian was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. _ oJs��Men�or �''""`�-."'~,,,,....�-°""...,.., 1 1 ..-�^'"' (tt� Z 6 or,a W S Frontag � �r Rescind Old Restriction t�� a �y L � (V � �'N ' '4d _ � -r c � 0 - a t .L =� � neral Mills � re � � e Brookview gett Crocker p Golf Course � � � � Wester � � C � � O � � v � � 'i � � w � � � N W � � O�' � C � � = a i � � Y d �a� � .Y �>� � o Rid �m� i �� Z r 1�� y � `�., � ,.a.......«�N°, � i -°- � ,, .�n..,�<,.� �� _ °�.. � ... / ��.*r.........�: ...,_`�"'-.�..`,w d � � �.. m � � W aY2ata ej�a ay2d a Parking Restrictions , , �,.�_ OResolution No. 71 �'�'�""" � � N �„ � d o r Pnnt Date:8/17/2012 General Mills Blvd Sources � �� Hennepin County Surveyors OHice for Property Lines(2012). Parking o ZSO Soo ,.000 Feet Easements _. Drainage and Utility 4845 4825 3201 - Utility _ __ _ 3146 3139 � % _ , i , i� 3125 3142 ;' l r t' � 3115 / � 3138 4824 ,; > � �J 4920 3101 312� ; 3100 Z � -�C�tOh Or Q i 3026 3025 4901 a 4921 Pnnt Date:08/28/2012 Sources: �� 4900 Triton DC Hennepin County Surveyors Office for Property Lines(2012). e 0 30 60 120 Disclaimer: This is not a legal certificate of survey. Feec