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05-20-14 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 20, 2014 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. Certificate of Recognition - World War II Veterans - Glenn Beaubaire, Howard Nelson and Arnold Rodstrom 3 D. 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 - May 6, 2014 4-7 B. Approval of Check Register 1. City 8 2. Housing and Redevelopment Authority 9 C. Licenses: 1. Solicitor's License - CA Connections LLC d/b/a Nfuse Direct LLC 9-11 2. Solicitor's License - The Fund for the Public Interest 13-15 3. Solicitor's License - Twin Cities Public Television 16-18 4. Fireworks Permit - Pyrotechnic Display, Inc. for Golden Valley Fire Relief Association Street Dance 19 D. Minutes of Boards and Commissions: 1. Human Services Fund -April 7, 2014 20-21 2. Human Rights Commission - March 25, 2014 22-25 3. Bassett Creek Watershed Management Commission -April 17, 2014 26-33 E. Letters and/or Petitions: 1. Letter from Dean McCarty Regarding Resignation from the Board of Zoning Appeals and Planning Commission 34 F. Bids and Quotes: 1. Award Contract for 2014 Sump Manhole Retrofit Project 35-36 G. Resolution to Discontinue Collection of Tax Increment from the Parcels located in the Golden Hills Tax Increment Financing District 14-39 37-40 H. Authorization to Extend Fire Relief Association Street Dance Hours 41 I. Receipt of April 2014 Financial Reports 42-50 J. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 - Duke Realty, Applicant 51-54 3. CONSENT AGENDA-CONTINUED K. Providing Notice of Withdrawal from Five Cities Senior Transportation Project 14-40 55-57 L. Resolution authorizing Submittal of Application to Minnesota Department of Employment and Economic Development (DEED) Contamination Cleanup Grant Program 14-41 58-59 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Preliminary Plat Approval - Fretham 21st Addition - 400 Decatur Avenue North - Lake West Development, LLC, Applicant 60-75 5. OLD BUSINESS 6. NEW BUSINESS A. New On-Sale and Sunday Sale Liquor License - Harvest Cafe 76 B. Resolution approving Special Law authorizing the City of Golden Valley to issue an On-Sale License for a City-Owned Golf Course and Community Center located at 200 Brookview Parkway 14-42 77-78 C. New On Sale and Sunday Sale Liquor License - Brookview Golf Course and Community Center 79 D. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor License Renewals 80-81 E. Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of: 82-141 1. $2,335,000 General Obligation Improvement Bonds Series 2014A 14-43 2. $750,000 General Obligation Equipment Certificates of Indebtedness Series 2014B 14-44 3. $4,165,000 General Obligation Improvement Refunding Bonds Series 2014C 14-45 F. Resolution Expressing Intent to Create and Administer a Tax Increment Finance District for Cornerstone Creek Development 14-46 142-144 G. Approve the City of Golden Valley Comments on the Bottineau Transitway Draft 145-163 Environmental Impact Statement H. Announcements of Meetings I. Mayor and Council Communications 7. ADJOURNMENT city of golden MEMORANDUM valley City Administration/Council 763-593-8003/763-593-8109(fax) .� 'vt4aha Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 1. B. Presentation of Certificate of Recognition - World War II Veterans - Glen Beaubaire, Howard Nelson and Arnold Rodstrom Prepared By Shep Harris, Mayor Summary Three Golden Valley residents, Glen Beaubaire, Howard Nelson and Arnold Rodstrom, recently returned from a one-day Washington, DC "honor flight" for WWII veterans to view the WWII Memorial. In recognition of Memorial Day, these residents have been invited to attend the meeting to receive a Certificate of Recognition for their military service and give brief reflections of their trip. c 1 # I)! & r .. UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA MAY 6, 2014 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 p.m. 1A. Roll Call Present: Mayor Harris, Council Members Clausen, Fonnest, Harris, Schmidgall and Snope. 1B. Pledge of Allegiance 1C. 2013 Police Department Annual Report Police Chief Carlson presented the annual report and answered questions from the Council. Mayor Harris called Fire Chief Crelly to the podium to welcome and congratulate him for becoming the new Fire Chief. Chief Crelly thanked his family and fellow fire fighters for their support over the past years. Chief Crelly invited Fire Fighter Bence to the podium. He stated Fire Education Specialist Baker was named Volunteer of the Year by the American Lung Association at their recognition celebration. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen, approving the consent agenda as revised to remove Items: 3E1-Removal of the Pavement Marking Project, 3F-Appointing City Clerk and Deputy City Clerk, 3G-Approval of Bassett Creek Regional Trail Feasibility Report, and 3H-Proclamation for Arbor Day and Arbor Month and the motion carried unanimously to approve the agenda consent of May 6, 2014 as submitted. 3A. Approve of Minutes City Council Meeting May 6, 2014 3B1. Approve City Check Register and authorize the payments of the bills as submitted 3B2. Approve Housing and Redevelopment Authority Check Register and authorize the payment of bills as submitted 3C1. Approve General Business License for Fireworks for Menards, 6800 Wayzata Blvd 3C2. Approve 3.2 Liquor License Renewal for Theodore Wirth Chalet for the 2014-2015 license term 3C3 Approve Gambling License Exemption and Waiver of Notice Requirement - All God's Children Learning CenterNalley of Peace Lutheran Church 3D. Accept Minutes of Boards and Commissions as follows: Planning Commission - March 24, 2014 Envision Connection Project Executive Board - March 20, 2014 Environmental Commission - March 24, 2014 Open Space and Recreation Commission - March 24, 2014 Bassett Creek Watershed Management Commission - March 20, 2014 3E. Approve Authorization of a contract with Traffic Marking Service, Inc. in the amount of $49,015 for the 2014 Pavement Marking Project, City Project No. 14 02 3F. Adopt Resolution Appointing City Clerk and Deputy City Clerk Unofficial City Council Minutes -2- May 6, 2014 3. APPROVAL OF CONSENT AGENDA - continued 3G. Approve Bassett Creek Regional Trail Feasibility Report Atte . 1 I . 1 , 1 . • 4 I 1 I •. 31. To receive and file the December 2013 Financial Reports 3J. To receive and file the March 2014 Financial Reports 3K. Adopt Resolution 14-38 Authorizing the Transfer of $890,000 from the General Fund to the Capital Improvement Fund of $500,000, Workers Compensation Fund of$200,000, Building Fund of $50,000 and Equipment Replacement Fund of $140,000 3L. Approve the Appointment of the following Members to the Brookview Community Center Task Force: Kelly Kuebelbeck, John Cornelius, Dean Penk, Lynn Gitelis, Mert Suckerman, Brad Kudue, Mickie Weaver, Pat Dale, and Karla Rose 3M. Approve to authorize the Mayor and City Manager to sign an agreement with Hammel, Green and Abrahamson, Inc. for Brookview Community Center needs assessment and design proposal for $87,000 3N. Approve a request for Beer and/or Wine at Brookview Park 30 Approve the following Board and Commission Appointments: Human Rights Commission Human Services Fund Teresa Martin 3 years-expires 5/1/17 Michael Herring 3 years-expires 5/1/17 Susan Phelps 2 years-expires 5/1/16 Jennifer Rudolph 2 years-expires 5/1/16 Mike Pristash 3 years-expires 5/1/17 3P. Approve the following Board and Commission Reappointments: Board of Zoning Appeals Environmental Commission Andrew Johnson 1 year-expires 5/1/15 Tracy Anderson 3 years-expires 5/1/17 George Maxwell 1 year-expires 5/1/15 Lynn Gitelis 3 years-expires 5/1/17 Nancy Nelson 1 year-expires 5/1/15 Jim Stremel 3 years-expires 5/1/17 Civil Service Commission Human Rights Commission Roxanne Sienko 3 year expires 5/1/17 Payton Perkins 1 years-expires 5/1/15 (student) Human Services Fund Planning Commission Hilmer Erickson 3 years-expires 5/1/17 David Cera 3 years-expires 5/1/17 Elissa Heilicher 3 years-expires 5/1/17 Chuck Segelbaum 3 years-expires 5/1/17 Toots Vodovoz 3 years-expires 5/1/17 Open Space and Recreation Commission Kelly Kuebelback 3 years-expires 5/1/17 Anne Saffert 3 years-expires 5/1/17 Dawn Speltz 3 years-expires 5/1/17 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3E. Approve Authorization of a contract with Traffic Marking Serive, Inc. in the amount of $49,015 for the 2014 Pavement Marking Project, City Project No. 14-02. Mayor Harris requested staff provide an overview of the pavement marking project. Director of Public Works Clancy gave an overview and answered questions from the Council. MOTION made by Mayor Harris, seconded by Council Member Clausen and the motion carried unanimously to authorize a contract with Traffic Marking Service, Inc. in the amount of$49,015.00 for the 2014 Pavement Marking Project, City Project No. 14-02 Unofficial City Council Minutes -3- May 6, 2014 3. ITEMS REMOVED FROM THE CONSENT AGENDA - continued 3F. Adopt Resolution 14-37 Appointing the City Clerk and Deputy City Clerk Council Member Fonnest thanked Finance Director Virnig for her past years' of service as both the Finance Director and City Clerk. The Council welcomed new City Clerk Luedke. Council Member Clausen thanked Administrative Assistant Nally for her years of taking council meeting minutes. MOTION made by Council Member Fonnest, seconded by Council Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against the same: none, to adopt Resolution 14-37 as amended. 3G. Approval of Bassett Creek Regional Trail Feasibility Report Council Member Snope asked staff to provide additional information on the feasibility study. Ms. Clancy gave an overviewed of the project. Public Works Specialist Eckman and Mr. Crosby of SRF Consulting Group reviewed the presentation including further details regarding the planned future trail. MOTION made by Council Member Snope, seconded by Council Member Fonnest and the motion carried unanimously to approve the Bassett Creek Regional Trail Feasibility Study. 3H. Adopt a Proclamation for Arbor Day— May 15, 2014 and Arbor Month — May 2014 in the City of Golden Valley. Council Member Fonnest asked staff to provide additional information regarding the Arbor Day Celebration. Ms. Clancy provided further details regarding the Arbor Day Celebration. Mayor Harris asked if the winners of the Arbor Day poster could attend a future Council meeting. MOTION made by Council Member Fonnest, seconded by Council Member Clausen and the motion carried unanimously to adopt a proclamation for Arbor Day - May 15, 2014 and Arbor Month - May 2014 in the City of Golden Valley. 6. NEW BUSINESS 6A. Announcements of Meetings The 2014 Bike rodeo will be held on May 7, 2014 from 6 to 8 pm in the Golden Valley City Hall Parking Lot The Bottineau LRT DEIS Open House will be held on May 7, 2014 at 6 pm. The Bottineau LRT DEIS Formal Public Hearing with be held on May 7, 2014 at 7 pm. Council Member Snope stated that the Bottineau meetings will be held at other locations if residents are unable to attend this meeting. The Golden Valley Human Rights Commission (HRC) Conversations "Understanding Mental Illness in Children" will be held on May 8, 2014 from 6:30 pm to 8 pm. Unofficial City Council Minutes -4- May 6, 2014 6A. Announcements of Meetings — continued The Golden Valley Historical Society will host Bill Schrankler's presentation of Depot Stories gathered in over 200 Historic Train Depots in Minnesota on May 8, 2014 at 7 pm at the Society's Historic Church. The next Council/Manager meeting will be held on May 13, 2014 at 6:30 pm. The Linking Land Use to Clean Water workshop will be held on May 14, 2014 from 5 to 8:30 pm at the Bayview Event Center in Excelsior. The Planning, Environmental and Open Space & Recreation Commissions will hold a meeting on the Bottineau Light Rail on May 15, 2014 from 7 to 9 pm. The League of Women Voters presentation of"Toward a More Perfect Union: Talking about the Constitution" will be held on May 15, 2014 from 7 to 9 pm at the Brookview Community Center. Some Council Members may attend the Arbor Day Celebration on May 15, 2014 at 2:30 pm at the School of Engineering and Arts. The Wildwood Park New Play Structure volunteer installation will be held on May 17, 2014 starting at 8 am at the Wildwood Park. The next City Council meeting will be held on May 20, 2014 at 6:30 pm. 6B. Mayor and Council Communications Council Member Clausen congratulated the cities of Golden Valley, Crystal, Robbinsdale and New Hope for being approved for as a Beyond the Yellow Ribbon city. Council Member Clausen acknowledged that former Council Member Gloria Johnson passed away. A moment of silence was observed in her honor. In honor of Ms. Johnson, Mayor Harris asked that she close the meeting. Adjournment MOTION made by Mayor Harris, seconded by Council Member Clausen and the motion carried unanimously to adjourn the meeting at 7:54 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk vv., city of golden , MEMORANDUM Valley Finance Department 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. city of golden MEMORANDUM valley Finance Department 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the Housing and Redevelopment Authority. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. city of golden MEMORANDUM Valley City Administration/Council 763-593-3991 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. C. 1. Solicitor's License- CA Connections LLC d/b/a Nfuse Direct LLC Prepared By Judy Nally, 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 CA Connections LLC d/b/a Nfuse Direct LLC. 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 OO TO: Golden Valley City Council Fee Paid: $ , 7800 Golden Valley Road Number of Persons: f7-f' Golden Valley, MN 55427 Type of License: PeddlerS,�,olicitor (circle Enclose the sum of$ 5b for 1 (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. CA Conneiii ons WC N wed- u-c. (Business or Individual Name or Organization to be Licensed) 26-- 00 3/beg (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business L+✓G (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) 1,2444 ?D oes: Zoe r4"S Az 4 3 75 (Address) 5f. Louis VYla t3/ 3l City, State and Zip Code) c25`ZO (Telephone Number, including Area Code) NOW, THEREFORE, kit AlliCPS hereby makes application for (Applicant Name) period of 5 ` I thro h 12/31/ it, subject to the conditions and provisions of said City Co,,e. Al ( at',e of Ai plicant/Principal Officer) Description of gods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): k'44Malie641!R V Jrvi CCS V /I?atemr,i.r,}- 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: IrJa terS (If more space is needed, attach additional sheets) STATE OF 01 Nt ' ) ) ss. COUNTY OF tne?1)--- ) I, Ack1 "ik)Jci'L5 of M106.6. Dlf6 4 Officer/Individual) (Name of 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 information and belief, and as to such matters, he/she believes them to be true. I Si• 'a� - of A •plicant/Principal Officer) Subscribed and sworn to before me this y of , 20 /"1�1 (clitkiMciiC o ` q (Signature) JUDITH A. NALLY '" NOTARY -MINNESOTA iff ° "Esping +.31,2015 AMAAAAAANWYVVVIN cityof golden MEMORANDUM valley City Administration/Council 763-593-3991 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. C. 2. Solicitor's License-The Fund for the Public Interest Prepared By Judy Nally, 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: $ 5.0 7800 Golden Valley Road Number of Persons: 5 Golden Valley, MN 55427 Type of License: Peddler iolicito) (circle one) Enclose the sum of$ 5 d for S (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. n -For- the Polis Th1e��st (Business or Individual Name or Organization to be Licensed) 014— a7Ca6 4- 7 MN Business ID Federal Business ID (FEIN) Define Business .No1-Craft"f (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) 615 1stA„cL,1+e335 (Address) AIA 41,01.'s) "V 55113 City, State and Zip Code) 61).-331 - g�oi (Telephone Number, including Area Code) NOW, THEREFORE, btvirt 5 D04 hereby makes application for (Applicant Name) period of 5[W 14 through 12/31/ lit , subject to the conditions and provisions of said City Code. (Signat of Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space l is needed, attach additional sheets (be specific): We are 1N(7►�1�inq fo rriect 1e geoidvey tiaers � wtc,�it tivz '?Pew e -�im"IS c)f1& . Yh4„1t)) f v4ra,s0)) ?kal t p✓91�i>) 5�I/y1'Kq v Yiew yvem bte5 ems" CNv7`ronolf�,�rlvl,totkcci) 4J y t1j J JJ J p ,leo t ss ysiPcl. 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: cimP A dMi'n;sitkf;ve Diptcjcr 15 :est Avt iVE 35 ,/U nemc,pai-'s, MN 5 5 L/13 ofFism - 331-9`ioo cell : CO-)D-1-Y9sy ¢.may, ' stone 0 f.ind$1ucc, ov, (If more space is needed, attach additional sheets) STATE OF M uti1ic&0 ) COUNTY OF f ?'r) ss. DQVir forte of t vn� 1, 1-1.e k (7, .l`1 res l (Officer/Individual) (Name of 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 information and belief, and as to such matters, he/she believes them to be true. Signat r� a of Applicant/Principal Officer) Subscribed and sworn to before me this o day ofJ / .� `, j�`�` , 20 �� x�.`=, BENJAMIN KEVIN PETER MERR NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01131/19 '')/ (Signature) city of MEMORANDUM golCien , valley City Administration Council 763-593-3991 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. C. 3. Solicitor's License-Twin Cities Public Television Prepared By Judy Nally, 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 Twin Cities Public Television. 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: $ J 0D 7800 Golden Valley Road Number of Persons: 0 Golden Valley, MN 55427 Type of License: Peddler Solicitor (circle . - U� Enclose the sum of$ �)O for 1U (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. Tw:on CO- es R*C T-tk•ei ;5)Qv) (Business or Individual Name or Organization to be Licensed) MN Business ID Federal Business TD (FEIN) Define Business (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) (Address) . u\ ‘ u :%\o City, State and Zip Code) (Telephone Number, including Area Code) NOW, THEREFORE, Ey i C_ 6(ASSorN hereby makes application for (Applicant Name) period of 5 all/N. through 12/31/114 , subject to the conditions and provisions of said Cit ,Code. (Signature of Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): J at lc:o hi DOvazitor`'.S 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: 1 XYZ 6.71SOr L oiv�lrr s Vi✓ �-- (If more space is needed, attach additional sheets) STATE OF T I N Kso- - �,�" ) ss. COUNTY OF ' 1\01N? I, y c C._ (27(0,,,,-. of I ,n-) s,.- c‘ e S •••(_- ` eNi YN (Officer/Individual) (Name of 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 information and belief, and as to such matters, he/she believes them to be true. Signature of Applicant/Principal Officer) Subscribed and sworn to before me this . day of Liha420 /it esti ' ", JUDITH A. NALLY C?it6;6;k6e.. / /' 14. NOTARY PUILIC- TA ( L .' My CommisMoa Etpbe Jin.31 n13 (Signature) AMAAAMMAMANWV city of u , gOlden MEMORANDUM valley Fire Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. C. 4. Fireworks Permit- Pyrotechnic Display, Inc. for Golden Valley Fire Relief Association Street Dance Prepared By John Crelly, Fire Chief Summary Pyrotechnic Display, Inc. has requested permission to discharge aerial fireworks at the Golden Valley Fire Relief Association Street Dance at 10 pm on Saturday,June 21, 2014. The street dance will be held at the Chester Bird American Legion, 200 North Lilac Drive. The rain date for the fireworks is 10 pm on Sunday, June 22, 2014. The location 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 Saturday,June 21, 2014, with a rain date of Sunday,June 22, 2014. Golden Valley Human Services Fund (GVHSF) Meeting Minutes April 7, 2014 Present: Amy Clements, Hilmer Erickson, Kathryn Frommer, Carolyn Kaehr, Craig McDaniels, and Toots Vodovoz. Also present: Jeanne Fackler, Staff Liaison. Not Attending: Elissa Heilicher, Alan lngber, Connie Sandler, Peggy Watkins and Andrew Wold. Call to Order: Clements called the meeting to order at 6:55 p.m. Agenda Changes or Additions: No additions or changes to the agenda. February 10 minutes: Erickson moved and Vodovoz seconded the motion to approve the minutes from February 10. The motion passed unanimously. Run the Valley: Sponsor Update: Fackler reported checks have been received from LDI/Liberty Carton for $2,000 and Bassett Creek Dental for $550. Channel 12/NWCT will be promoting the event on their website and cable channel, and the City of Golden Valley will be preparing the course and providing safety personnel for the race. Product will be provided by: Al's Coffee, Chiquita Banana Company, Einstein Bros. Bagels, Finken Great Glacier Water, Old Fashioned Donuts, Perkins Family Restaurant— Highway 55, Perkins Family Restaurant— 394, Road ID, Valley Pastries and Yoplait USA. Go Health Chiropractic will provide chair massages after the race. Runner Update: As of today, registrations are: 105-5K, 73-10K, 25-5K Walk. This is slightly lower than last year at this time. Volunteers: Sandy Werts, the Volunteer Coordinator, has been working to find volunteers for this event. SCS, TreeHouse, Bassett Creek Dental, YMCA-New Hope, and the NHS- Cooper High School will be bringing volunteers and several residents have come forward to help. Marketing/Publicity: Fackler reported that information has been sent to the SunPost, Channel 12, Common Place, Golden Valley City newsletter and the Park and Recreation brochure. Erickson distributed posters to area businesses. Duties/Assignments: Sandy Werts will be sending the duties/assignments to members with descriptions of each position prior to the April meeting. Calendar Review: April 12th- Run the Valley. July 11th - Golf Classic. Erickson has contacted Earl Rapp of the Zuhrah Shrine, who organizes an annual golf outing for members, to see if they would be interested in holding their golf outing with the Golf Classic. The date will not work for the Zuhrah group because of the Shrine National Convention that is being held in Minneapolis that week. Clements suggested contacting the Golden Valley Business Council and will send Fackler the contact information. Other Business: Solicitation Letter:As of today, $10,449 has been received. LIVE Event: Clements announced the next LIVE Event is at Schuller's. She will promote Run the Valley at the LIVE Event and through their facebook page and distribution list. Clements reminded the members that the next meeting is scheduled for Monday, April 7. NOTE the change in date. Adjournment: Erickson moved to adjourn the meeting, Vodovoz seconded the motion. The meeting was adjourned at 7:20 p.m. Respectfully submitted, Amy Clements, GVHSF Vice Chair Jeanne Fackler, Staff Liaison MINUTES Human Rights Commission (HRC) City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Managers Conference Room March 25, 2014 Commissioners present: Adam Buttress, Chair Brian Cook, Vice-Chair Carla Johnson Christopher Jordan Payton Perkins Commissioners absent: Jonathan Burris Ethan Meirovitz Guests: Teresa Martin Staff Liaison: Chantell Knauss Assistant City Manager The meeting was convened at 6:33 pm by Chair Buttress. Approval of February 25, 2014 Regular Meeting Minutes Motion by Commissioner Jordan, second by Commissioner Johnson to approve the minutes. Motion carried 5-0. Council Updates At its regular meeting on March 18, 2014, the City Council approved the HRC's Revised 2014 Work Plan which includes postponing participation in the 2014 Gay Pride Festival to a future year, as well as amends the HRC Conversations program to be centered on the theme of Mental Health Awareness and Education. Originally, the 2014 Work Plan had the Conversations theme around the issue of abuse. Although the Golden Valley League of Women Voters (GVLWV) "Toward a More Perfect Union: Talking About the Constitution," was not specifically itemized on the revised work plan, the Council is aware that the HRC will be involved and have approved it since they approved working in partnership with the GVLWV on the programs. HRC Conversations Event Planning — May 8 Chair Buttress spoke with former HRC Commissioner Deb Reisner. She was hesitant to recommend any families to be on the panel, as families can sometimes be very sensitive and private about these matters. She did recommend the following resources: MN Mental Health Association; Fraser whose services include early childhood services, autism evaluations and services, mental health services, neuropsychology, rehabilitation, products and information to serve more than 60 types of disabilities and disorders; Hennepin County Children's Mental Health; and MN Children's Health Association. Human Rights Commission March 25,2014 Meeting Minutes Page 1 of 4 Knauss reported that she had contacted TPT TV about showing one of their productions as part of the event. TPT was very excited for the HRC to use any of their programs available online for the event. The programs are available for use without charge. Once the details of the event are finalized, TPT offered to help promote it, since it would include one of their programs. Commissioner Burris and resident Teresa Martins held a conference call with Helen Raleigh, retired Executive Director of Touchstone Mental Health, Inc. to discuss possible resources for the HRC Conversations event. The information and resources Ms. Raleigh conveyed were: • Touchstone Mental Health, Inc. has two facilities: one in the Seward neighborhood and one in New Hope. Touchstone clients are 18 years and older and the organization does not work with individuals under 18 years of age. • Sue Abderholden, Executive Director of National Alliance on Mental Illness (NAMI) of Minnesota. • Hennepin County Children's Mental Health (case manager). • Pacer, an advocacy group located in South Minneapolis with services for developmentally children in addition to some children who have mental illness. • Wilder Foundation that, according to their website, operates a nationally recognized outpatient mental health clinic, Wilder's Child Guidance Clinic that serves children who may be experiencing social or personal challenges. Wilder also serves children who have experienced significant trauma and may have very complex mental health needs. • Oasis in Golden Valley is a mental health care facility that provides intensive residential treatment, various three-month treatment programs, independent living, one-one-one counseling and more. Commissioner Johnson reported that she had made contact with Washburn Center for Children. They are checking to see if they would have a panelist available to participate in the May 8 event. It was the consensus of the HRC to reserve using Touchstone and Oasis for the October event since the organizations provide services for adults and the May program will focus on Children and Families. Commissioner Burris offered to contact Paul Lehnander, head of the Child Protection Services at Hennepin County. Resident Martin offered to contact Sue Abderholden of NAMI. Commissioner Jordan will contact Pacer. Commissioner Cook will contact Herzl Camp, a camp for children and families in Webster, WI, for a possible panelist. Human Rights Commission March 25,2014 Meeting Minutes Page 2 of 4 Chair Buttress and Commissioner Jordan agreed to make the video selection from the TPT website http://www.mnvideovault.orq/, in the search field enter: mental illness and/or mental health. As the videos are being screened for the May 8 event, Chair Buttress and Commissioner Jordan are asked to look for potential panelists for the future October HRC event. Resident Martins volunteered to distribute flyers to the Robbinsdale School District once they are available. Due to technology needs for the event, Commissioners agreed to hold it at Golden Valley City Hall, Council Chambers, from 6:30 — 8:00 pm. It was the consensus of the HRC to have the Chair or a Commissioner facilitate the event to ensure the topics covered by the panelists are what the HRC had envisioned for the event. Commissioners discussed having a paper survey for people attending the event to solicit feedback on this specific event as well as what topics attendees would be interested in for a future HRC Conversations event and where they have seen the event promoted Because the event will be held May 8 and the HRC's next meeting isn't until April 22, the Commissioners agreed to have panelists confirmed and biographies with professional name, title and organization to Knauss by April 9 so marketing and promotional items can be prepared and distributed. HRC Conversations Event Planning — October 9 • Possible panelists/speakers: Oasis, Touchstone, Ken Barlow • Promotion on MyTalk 107.1 as one of the hosts has an interest in promoting mental health awareness Park Nicollet Community Partnership Grant Knauss presented information on Park Nicollet Foundations Community Partnership Grant, whose top priority, based on an intensive Community Health Needs Assessment (CNHA), is to fund applications addressing Mental Health and Seniors (especially transportation and isolation). The Letter of Inquiry is due March 28. If selected to apply for the grant, then grant applications would be due May 9. The HRC discussed using grant money to bring in a high profile speaker for the October 9 event. It was the consensus of the HRC to submit the Letter of Inquiry and proceed to get authorization by the City Council, should the Letter of Inquiry be approved and move to the grant application phase. Update on Global Golden Valley (GGV) March 15 "Who is Your Neighbor: Immigration Stories from Around the Glove" Event Commissioner Jordan facilitated the event for GGV and provided an update. The event was successful with 15-20 community members in attendance. Channel 12 also filmed the event in its entirety and has aired it. The Channel 12 website has a link to the video of the event. Human Rights Commission March 25,2014 Meeting Minutes Page 3 of 4 Communications The HRC was provided a copy of the Thank You card received from Crystal Boyd on the efforts to provide the future Mental Health/Illness HRC Conversations programs. Adjourn Motion by Commissioner Cook, second by Commissioner Johnson to adjourn the meeting at 7:45 pm. Motion carried 5-0. Follow-up Items: • Commissioner Burris to contact Paul Lehnander, head of the Child Protection Services at Hennepin County. • Resident Martin offered to contact Sue Abderholden of NAMI. • Commissioner Jordan will contact Pacer. • Commissioner Cook will contact Herzl Camp. • Chair Buttress and Commissioner Jordan to make the video selection from the TPT website http://www.mnvideovault.org/ • All panelist confirmations and biographies with professional name, title and organization to Knauss by April 9. • Knauss to submit Letter of Inquiry for Park Nicollet Community Grant. Respectfully Submitted, Chantell Knauss Assistant City Manager Approved by HRC: April 22, 2014 Human Rights Commission March 25,2014 Meeting Minutes Page 4 of 4 Watershed ManagCommies�un Ion Bassett Creek Watershed Management Commission m�s Minutes of Regular Meeting April 17,2014 Golden Valley City Hall,8:30 a,m. Commissioners and Staff Present: Crystal Commissioner Guy Mueller Robbinsdale Not represented Golden Valley Commissioner Stacy Hoschka, St. Louis Park Commissioner Jim de Lambert, Chair Treasurer Medicine Commissioner Clint Carlson Lake Administrator Laura Jester, Keystone Waters LLC Minneapolis Alternate Commissioner Lisa Attorney Charlie LeFevere,Kennedy&Graven Goddard Minnetonka Commissioner Jacob Millner Engineer Karen Chandler,Barr Engineering Co. New Hope Alternate Commissioner Pat Recorder Amy Herbert Crough Plymouth Commissioner Ginny Black Technical Advisory Committee(TAC)Members/Other Attendees Present: Derek Asche, TAC, City of Plymouth Jeff Oliver,TAC, City of Golden Valley Phillip Elkin, TAC, City of St. Louis Park John O'Toole,Alternate Commissioner, City of Medicine Lake Christopher Gise, Golden Valley Resident Bob Paschke, TAC, City of New Hope Linda Loomis, Chair, Plan Steering Cmtee Jim Prom, Plymouth City Council Chris Long, TAC, City of New Hope Liz Stout, TAC, City of Minnetonka Tom Mathisen, TAC, City of Crystal Peter Tiede,Murnane Law Firm Richard McCoy,TAC, City of Robbinsdale David Tobelmann,Alternate Commissioner, City of Plymouth Jane McDonald Black,Alternate Commissioner, City of Golden Valley 1. CALL TO ORDER AND ROLL CALL 1 BCWMC April 17, 2014, Meeting Minutes On Thursday,April 17, 2014, at 8:37 a.m. in the Council Chambers at Golden Valley City Hall, Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission(BCWMC)and asked for roll call to be taken. The Cities of Minnetonka and Robbinsdale were absent from the roll call. 2. CITIZEN FORUM ON NON-AGENDA ITEMS No items were brought forward. 3.AGENDA Commissioner Black moved to approve the agenda. Commissioner Crough seconded the motion. Upon a vote,the motion carried 7-0 [Cities of Minnetonka and Robbinsdale absent from vote]. 4. CONSENT AGENDA Chair de Lambert suggested moving to the consent agenda item 6E: Review Draft FY2016-17 Biennial Budget Request(BBR)for Submittal to BWSR. Commissioner Black moved to approve the consent agenda as amended. Commissioner Carlson seconded the motion.Upon a vote,the motion carried 7-0 [Cities of Minnetonka and Robbinsdale absent from vote]. [The following items were approved as part of the Consent Agenda: the March 20,2014, BCWMC meeting minutes;the monthly financial report; the payment of the invoices; Approval of agreement with Met Council for 2014 CAMP program; Approval of Hennepin County request to extend major plan amendment comment period;Approval not to waive monetary limits on municipal tort liability; Approval of agreement with University of Minnesota for NEMO Program; Set public hearing for Major Plan Amendment for June 19,2014, 8:30 a.m.; approval to submit BBR to BWSR. ] The general and construction account balances reported in the Financial Report prepared for the April 17, 2014, meeting are as follows: Checking Account Balance $775,355.55 TOTAL GENERAL FUND BALANCE $775,355.55 TOTAL CASH& INVESTMENTS ON- $2,622,292.97 HAND (4/9/14) CIP Projects Levied—Budget Remaining ($2,874,461.73) Closed Projects Remaining Balance ($252,169.06) 2013 Anticipated Tax Levy Revenue $9,662.09 2014 Anticipated Tax Levy Revenue $895,000.00 Anticipated Closed Project Balance $652,493.03 2 BCWMC April 17, 2014, Meeting Minutes 5.NEW BUSINESS A. Presentation of 2013 Monitoring Results Engineer Chandler reported on the 2013 monitoring results of Northwood Lake,North Rice Pond and South Rice Pond. She explained that in the BCWMC's draft Watershed Management Plan currently being developed,Northwood Lake is considered a priority 1 waterbody whereas North Rice Pond and South Rice Pond are not priority 1 or priority 2 waterbodies, meaning that there may not be BCWMC monitoring of those two waterbodies in future years. She also compared and contrasted the Commission's water quality program and its procedures with the Citizen Assisted Monitoring Program(CAMP)and its procedures. Engineer Chandler described Northwood Lake, detailing that it's a 15-acre lake with a maximum depth of 5 feet and an average depth of 2.7 feet. She explained that Northwood Lake is a shallow lake and is designated an impaired water(for nutrients)by the Minnesota Pollution Control Agency. Engineer Chandler went through the graphs and figures that were included in the meeting packet. She described the parameters measured in the water quality monitoring including total phosphorous, chlorophyll-a, and Secchi disc and the data in the tables that shows the historical summer averages for the water bodies monitored. She summarized that over the sampling year Northwood Lake had high total phosphorous levels. She stated that the chlorophyll-a concentrations bounced around over the period and the summer average concentration was far above the MPCA standard. Engineer Chandler explained that chlorophyll-a is an indicator of algae growth where higher concentrations of chlorophyll-a indicate higher concentrations of algae. She talked about the plant coontail and its properties that seem to inhibit the growth of blue-green algae. Engineer Chandler said that there are non-harmful levels of blue-green algae in Northwood Lake,North Rice Pond, and South Rice Pond. Engineer Chandler said that the summer average Secchi disk reading was 0.8 meters and the standard is 1 meter,meaning that Northwood Lake did not meet the standard for the Secchi disc reading in 2013 although in the past the lake has met that standard. There was a short discussion of barley straw, its effectiveness over time and the cost versus the benefit. Next Engineer Chandler provided the 2013 monitoring results for North Rice Pond. She explained that the water body is 3.7 acres in size with a maximum depth of 5 feet. Engineer Chandler noted that both North Rice Pond and South Rice Pond are so small in size that the Commission Engineer doesn't think that they even need to meet state standards for shallow water bodies. She said that this means there are no state standards for comparisons. She described the oxygen measurements and said there was a lot of oxygen depletion in North Rice Pond, and in September there was no oxygen. Engineer Chandler noted that a trend analysis could not be done because there were not enough years of monitoring. [Commissioner Millner arrives] Engineer Chandler reported that the chlorophyll-a levels were fairly low until August and September and the average was below the BCWMC standard, so the pond met the water quality goal of the Commission. She added that there were low levels of blue-green algae. Engineer Chandler described the Secchi disc reading average as 0.7 meters although there was one reading during the season that had a reading of better than 1 meter. She provided information on the plants in North Rice Pond including floating plants like duckweed, native plants like coontail, and problem plants like purple loosestrife,which she recommended treating for control. 3 BCWMC April 17, 2014, Meeting Minutes For South Rice Pond,Engineer Chandler reported that its area is 3.2 acres with a maximum depth of 3 feet, and since the Commission Engineer doesn't think the state standards apply to such a small water body,the monitoring results have been compared to the Commission's standards. She said that the oxygen levels were better for the most part than the levels in North Rice Pond, except in August and September when South Rice Pond had almost no oxygen at the surface. Engineer Chandler said the total phosphorous levels were high and the Secchi disc average was 0.5 meters. She said that the plants in South Rice Pond were similar to the ones found in North Rice Pond, except for the first time curlyleaf pondweed was found in South Rice Pond. There was a discussion of North and South Rice Ponds and the Commission's prioritization of those two waterbodies,which are the only two water bodies located in the City of Robbinsdale and the Bassett Creek Watershed. Richard McCoy reported that residents have not complained about conditions in the ponds and noted one pond was in a park and the other has some residential area surrounding it. Administrator Jester said that it is worth taking another look at the waterbody prioritization table regarding these ponds. There was a discussion of the new Department of Natural Resources process for releasing purple loosestrife-eating beetles, and the Commission Engineer said that staff will re-write the recommendation about that task. B. Discuss Development of Feasibility Studies for 2016 CIP Projects in Minneapolis,Golden Valley and New Hope Administrator Jester reminded the Commission that it has three projects planned for 2016 and there is a process the Commission goes through to undertake those projects. She said the Commission needs to do a feasibility study for each project. Administrator Jester noted that the Commission has feasibility study criteria. One criterion requires the cities where the projects are located to use the Commission Engineer, an engineer from the Commission's Engineering Pool, or City staff to prepare the study. She said that at next month's meeting the Commission should be considering agreements between the Commission and those cities in order to get the feasibility studies underway. Administrator Jester reported that Lois Eberhart asked Ms. Jester to share with the Commission the City of Minneapolis' plans to use the Commission Engineer to prepare the feasibility study for the Bryn Mawr Meadows Water Quality Improvement Project slated for 2016. Mr. Oliver announced that the City of Golden Valley intends to use WSB for the water quality pond at Honeywell. Bob Paschke stated that the City of New Hope will use Stantec for the 2016 project NL-1 in New Hope. Administrator Jester said that it appears that in this case Stantec is considered New Hope city staff and asked if the Commission approves. The Commission indicated approval. C. Set May 1st Technical Advisory Committee Meeting and Agenda Administrator Jester listed the items for TAC consideration at its May 1St meeting and decided the TAC would discuss the proposed 2015 Water Quality Monitoring Plan and provide a recommendation to the Budget Committee, long-term maintenance and replacement of the Flood Control Project components and other items as time permits. D. Discuss Possible 2014 Watershed Tour The Commission agreed that it would like to hold a Bassett Creek watershed tour this year,discussed adding Schaper Pond to the tour stops developed for last year's tour and directed Administrator Jester to send out a Doodle poll on possible tour dates in May and June. 4 BCWMC April 17, 2014, Meeting Minutes 6. OLD BUSINESS A. Update on Medicine Lake Water Level Issue Plymouth City Councilmember Jim Prom provided an update of the meeting between some council members of the Cities of Medicine Lake and Plymouth.He said that there was agreement in favor of doing a limited study on the water level of Medicine Lake. He said that Plymouth Council Member Stein was interested in AMLAC being involved but so far the City of Plymouth has not heard back from AMLAC(Association of Medicine Lake Area Citizens). Administrator Jester asked about the next steps. Mr. Prom said they need to hear back from Medicine Lake on whether AMLAC would support a limited study on the lake level. Mr. Asche said that Engineer Chandler had put together a memo detailing a high-level study that would bring all of the issues together. He proposed the idea that the watershed could potentially carryout that study and reminded the group that the estimated cost of that study was $40,000 to$50,000. He said the study would help the stakeholders decide in which direction to go. Administrator Jester asked who would pay for the study. Mr. Asche said the City of Plymouth is waiting to hear back from the City of Medicine Lake on whether this addresses the City's issues. He said that the City of Plymouth discussed a funding mechanism that could involve AMLAC,the City of Medicine Lake,the City of Plymouth, and the BCWMC. Mr. Asche said that this would still need to be discussed and worked out,but the City of Plymouth would support having such a study done. Engineer Chandler clarified that the $40,000 to$50,000 was exclusively for the modeling exercise for raising the water level six inches. She said that using the existing XP-SWMM model,the relative changes can be determined. There was discussion of data already available and the options previously discussed. Mr.Mathisen commented that it seems like the first step is an investigation on whether there is a problem with the water level and if there is,then the problem needs to be identified. He said that there may be existing data,but no interpretive work has been done. Commissioner Hoschka brought up the use of a continuous model. Engineer Chandler described the use of a continuous model and added that the Commission's XP- SWMM model isn't set up in that manner at this point. Commissioner Carlson spoke up to say that the meeting had been a very cooperative meeting and he would like to see a continuation of the discussion and work that was started at that meeting. Administrator Jester worked to identify the decisions in front of the Commission today. She brought up the request by AMLAC that the Commission spearhead a task force. Commissioner Black recommended that Administrator Jester be involved but not spearhead such a task force. Mr. Asche agreed. He requested time to work with the City of Medicine Lake to clarify the request and to bring a more detailed request in front of the Commission. The Commissioners and TAC members reported on the feedback they gathered from their cities on the issue. St. Louis Park hoped the Commission would act in the best interest of the watershed. Crystal's Council work session is scheduled for early May. Tom Mathisen noted the council is concerned about the JPA"being held hostage." He noted that watershed districts do not allow for as much control by cities.New Hope staff supports the Commission.Minnetonka—Liz Stout reported that the city manager is very reluctant for the Commission to continue spending money on the water level issue as he doesn't see a project ultimately moving forward. Plymouth has changed course on this issue and is working to cooperate with Medicine Lake 5 BCWMC April 17, 2014, Meeting Minutes on the issue. B. Status of Joint Powers Agreement(JPA)Amendment Administrator Jester reported that the City of Robbinsdale has signed the JPA Amendment and reported on a communication from Medicine Lake Mayor Gary Holter. Mr. Oliver announced that the Amendment will be in front of the Golden Valley City Council tonight. Mr. Paschke reported that the City of New Hope has ratified the Amendment. C. NEMO Workshop Update Administrator Jester described the workshops and their target audience and dates. She encouraged people to attend and to invite their city's council members, planning commission and environmental commission members. D. Update on Next Generation Plan Development Administrator Jester provided a report on the Commission's workshop on policies. She said that there was consensus to keep the current regulatory roles but the group did not come to consensus on water quality standards and triggers for development projects. She explained that at the workshop the City of Minneapolis TAC member Lois Eberhart brought up her opposition to the Plan Steering Committee's recommendation to use MIDS (Minimal Impact Design Standards)as the Commission's standards and triggers. Administrator Jester described the process that the Plan Steering Committee and the Commission and its other committees had gone through to reach the recommendation on using MIDS as the Commission's standards and triggers. She recommended holding a joint Plan Steering Committee and TAC meeting to discuss this issue. Administrator Jester said the Plan Steering Committee will be discussing at their meeting on Monday, along with the Plan Development budget. She noted that the Commission is over-budget with the policies development portion of the plan development project due to some of the in-depth discussions being held at the different committee meetings on particular topics. 7. COMMUNICATIONS A. Administrator: i. Administrator Jester announced that the Commission has plenty of the "Thing Things You Can Do(to Help Improve Water Quality)"brochures and encouraged distribution. Commissioner Black said she had some here at the meeting for anyone needing some. ii. Administrator Jester reminded the cities to submit their own BBRs(Biennial Budget Request). iii. Administrator Jester reported that she had communicated with Hennepin County, and reported that the Commission's maximum levy request will be $1,000,000 for 2015. She said that there are upcoming Hennepin County Board meetings that Bassett Creek staff and members should attend and said she would communicate about them. iv. Administrator Jester announced the upcoming Budget Committee,Education Committee, and Administrative Services Committee meetings. B. Chair:No Chair Communications 6 BCWMC April 17, 2014, Meeting Minutes C. Commissioners: i. Alternate Commissioner Goddard announced that the Minnesota Pollution Control Agency is holding workshops on MIDS in the near future. ii. Alternate Commissioner Goddard reported on an event she attended recently at the University of Minnesota's School of Architecture and Landscape Architecture regarding a reimagining of a new approach on water resource management. She said will pass on the information when she hears about another such event there. iii. Alternate Commissioner Goddard said that the Friends of Bassett Creek recently sent out a link about a groundwater study and that she would forward it to Administrator Jester. iv. Chair de Lambert commented that he'll follow up on looking for information about collecting groundwater data around Medicine Lake. D. Committees: i. Budget Committee Administrator Jester reported that the Committee met and discussed the 2015 draft budget. She said that the next Committee meeting is on May 6th and the draft budget will be in the Commission's May meeting packet. ii. Administrative Services Committee Chair de Lambert stated that the Committee met and went through the evaluations of the Administrator and provided the feedback to Administrator Jester. He said that there will be another Committee meeting in conjunction with the May 6th Budget Committee meeting to prioritize the Administrator's tasks. E. Legal Counsel: No Legal Communications F. Engineer: i. Engineer Chandler provided information on the upcoming MIDS workshop at Barr Engineering. ii. Engineer Chandler reported that the Commission received a letter from the U.S. Army Corps of Engineers regarding the Flood Control project. She said that staff needs to follow up and clarify what it is that the Corps needs. iii. Engineer Chandler announced that the draft bacteria TMDL document is out for public comment and the Commission Engineer will review it and provide comments and an update will be on the Commission's May meeting agenda. iv. Engineer Chandler said that the Commission received a draft EIS on the Bottineau Transitway and the Commission Engineer will provide comments for review. 7 BCWMC April 17, 2014, Meeting Minutes 8. INFORMATION ONLY(Available at http://www.bassettcreekwmo.org(Meetings/2014/2014-April/2014AprilMeetin Packet,htm) A. Updated Commission Roster B. Grant Tracking Summary and Spreadsheet C. March 2014 WMWA Meeting Minutes D. Report by Met Council: 2012 Study of the Water Quality of 168 Metro Areas Lakes E. Rescheduled MIDS Workshop at Barr Engineering(April 29th) F. Mississippi River Forum April 18`h: "River Protection Standards for the Mississippi River in the Twin Cities G. CIP Information now on BCWMC Website: http://www.bassettcreekwmo.org/CIP-Information/CIP- Process-home.htm H. Sun Sailor article on Upgrades to Boat Launch at French Regional Park 10.ADJOURNMENT Chair de Lambert adjourned the Bassett Creek Watershed Management Commission Regular Meeting at 10:32 a.m. Amy Herbert, Recorder Date Secretary Date 8 From: Dean E. McCarty Sent: Friday, May 02, 2014 12:20 PM To: Harris, Shep Cc: John Kluchka; Grimes, Mark; Wittman, Lisa Subject: Personal Announcement Mr. Mayor; It is with a heavy heart that I must submit this message of resignation from the city Board of Zoning Appeals and Planning Commission. Since there is likely no Planning meeting on the 12th, and the BZA meeting isn't for another few weeks, I am tendering my resignation immediately in order to give you and the Council time to find a replacement. The main factors driving this decision are personal changes in my life, and the exciting growth my consulting business has been experiencing the past few months, which has incidentally caused me to miss more than a couple of the recent Planning Commission meetings. In fact, I know that I would have to miss the upcoming meeting, too, if there were to be one. I have sincerely enjoyed my tenure on both commissions. It has been a great experience being one small voice helping with the direction of the city's zoning and building changes. And I have truly enjoyed getting to know the other commission members. The City Council has done a good job of finding the right candidates for these commissions, and I know it will do the same when filling my seat. I appreciate the confidence the City Council had in me by appointing and reappointing me to these commissions, and I thank the Council for these • opportunities. I will continue to keep as current as I am able to with the goings-on of the city in regard to the issues with which I have been involved. There are exciting times ahead for Golden Valley. Best regards, Dean E. McCarty city o M s i golden , MEMORANDUM valley Public Works Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. F. 1. Award Contract for 2014 Sump Manhole Retrofit Project Prepared By Jeannine Clancy, Director of Public Works R.J. Kakach, EIT, Engineer Summary The Saint Anthony Falls Laboratory (SAFL) has recently developed a stainless steel baffle that is installed in sump manholes to increase the sediment capture efficiencies while also greatly reducing the likelihood of washouts during intense rainfalls. Capturing and holding more sediment and pollutants in the sump manhole reduces the loading in downstream waterbodies. The retrofitting of SAFL baffles in appropriate sump manholes will reduce the need to dredge waterbodies and help restore impaired waters. This is the third year of the Sump Manhole Retrofit program. Staff has identified five sump manholes that they would like to retrofit in 2014, as well as one manhole for reconstruction. Manholes were prioritized by sump depth, receiving water flow, and structure geometrics. Bids for the 2014 Sump Manhole Retrofit Project, City Improvement Project No. 14-09, were opened on May 5, 2014. The following bids were received: G.F. Jedlicki, Inc. $64,451.55 Metro Utilities, Inc. $71,792.80 Funding for the 2014 Sump Manhole Retrofit Project is included in the 2014-2018 Capital Improvement Program (SS-33, page 78) not to exceed $60,000. As stated in the contract documents, staff has the right to decrease quantities shown on the proposal to ensure the project remains within the budget. Staff has eliminated the work at one of the sump manhole retrofit locations, for a contract deduction of$5,550 for an adjusted total project cost of$58,901.55. Attachments • Location Map (1 page) Recommended Actions Motion authorizing a contract with G.F.Jedlicki, Inc. in the amount of$58,901.55 for the 2014 Sump Manhole Retrofit Project No. 14-09. SAFL Baffles I 100 ! ;dill To be Installed in 2014 �z .,,„ _ _ _..., �/ lotto 4�� O Previously Installed fri, pi .. Medicine Lake Rd z '� :.. , i , Id li O iv . ,:,,,, i du k-- 4 ' ‘ i I Sandbu illi ' ..3 '>' ,10 )w169 • �- 4\ �' �'I ii, ... _, i,0 T ' ��'�" i N 3iiik, .AD. • `,' II Duluth St � , �.- A. I 1•$mii_ `_ oldea Vallea.�»! l y - ."'w. __ ip _ 1 56 , iliMi Op . I • , , l :.....!�,. ,ot 4 /r 0• 1 , • Plymouth Ave i 0 A mu.. .... lir.,, .;4 u :.. __..10th Ave _- 'I St '� �.. ��th4 > z .0,,,„.., - n, __ z m G .„, . m 14 J LN:‘.- -,' --.1-0.1.60° N " ' e _.--+.SI Golden Valley d' 7th Ave ` 553 _....,.. Countr Club Dr Q , . , ' L _ r 55 z y _. ron �. f . . W dh Yi/ " L---- P N Harold 1�+.e �('� i 1114 l�\.. C ID tuJ �l of ro la ' —` �r•' { 3 1 Lake o / i r —t $city Arcei,. .,` .. $ Wester 1. O ,f 14 �.1 T G maweod Ave >^^ I v meir " ..ii�t 4 ( 4 ' ,� I ) jai,IP — 40 ® t! L Id 100 •j ______41. 394 �� 1� y iQ a 4116 ,.., + s `...4,yili G Iden Hil s Dr .. .�.; t —.._. --394-----______L I I I -., / r- if Sources: Print Date:5/14/2014 -Hennepin County Surveyors Office for gOiG�ert City of Golden Valley Property Lines(2014)&Aerial Photography(2012). -City of Golden Valley for all other layers. valley SAFL Baffles 0 ,350 2700 5.400e 1 - Feet city of p �. goldeni , MEMORANDUM Valley Finance Department 763-593-80131763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. G. Resolution to discontinue Collection of Tax Increment from the Parcels located in the Golden Hills Tax Increment Financing District Prepared By Susan Virnig, Finance Director Summary Golden Hills Tax Increment Financing District was set to close in 2011. With the property tax class changes and the 2001 elimination of the state determined general education property tax levy resulted in reductions in the tax increment revenues generated by the Golden Hills TIF District. In 2003, special legislation was enacted to extend the duration of the district to December 31, 2014. Hennepin County needs a resolution passed to discontinue collection of tax increment from these parcels by June 30, 2014. Those parcels will be removed from collecting tax increment and future taxes collected will be allocated by the current taxing jurisdictions tax rates. All these changes will be made for the 2014 tax levy for the 2015 Budget. In April, a motion to discontinue collection of tax increment from the parcels located in the Golden Hills Tax Increment Financing District was made by the Golden Valley Housing Redevelopment Authority. The second step is for the City of Golden Valley to consider a resolution. In 2015, the Housing and Redevelopment will approve a payment to Hennepin County for any remainder funds collected by the district. Those funds will be distributed to Hennepin County, Hopkins School District#270 and the City of Golden Valley based on the current tax rate percentage. This hopefully can be done shortly after the debt service payment in February. Hennepin County would disburse the funds probably with the July tax settlement. Attachment • Resolution to discontinue Collection of Tax Increment from the Parcels located in the Golden Hills Tax Increment Financing District (1 page) Recommended Action Motion to Approve Resolution to discontinue Collection of Tax Increment from the Parcels located in the Golden Hills Tax Increment Financing District. Resolution 14-39 May 20, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE GOLDEN HILLS TAX INCREMENT FINANCING DISTRICT TO DISCONTINUE THE COLLECTION OF INCREMENT GENERATED FROM ALL PARCELS WHEREAS, by adoption of a resolution on January 1985, the City Council of the City of Golden Valley Minnesota (the "City") has heretofore created the Golden Hills Tax Increment Financing District (the "District"), located within Golden Hills Development District No. 1503, and has approved a Tax Increment Financing Plan (the "TIF Plan"), [as amended], for the District to provide assistance to the project area; and WHEREAS, the County Auditor of Hennepin County (the "County") has certified the original net tax capacity and the original local tax rate of the District pursuant to the provisions of Minnesota Statutes, Section 469.177; and WHEREAS, by adoption of Resolution 03-56 on November 18, 2003, the City Council of the City extended the term of the District through the enactment of special legislation described in Section 8; Article 10 of Chapter 21 in the 2003 Session Law (the "special legislation"); and WHEREAS, the special legislation authorized the duration extension of tax increment generated by the Golden Hills parcels through tax payable year 2014 to pay or defease bonds issued to fund public redevelopment costs within the redevelopment project or bonds issued to refund the bonds; and WHEREAS, the City refinanced three tax increment revenue bonds; two in 2005 and one in 2006 to refund the bonds issued to fund public redevelopment costs within the redevelopment project from the 1997B, 1997C and 1999D issues; and WHEREAS, as of the date hereof, the City projects increment revenue received through the end of the 2014 calendar year to be sufficient to pay in full all the principal and interest due on the district bonds issued in 2015; which last payment will be February, 2015; and WHEREAS, in order to comply with the special legislation enacted in 2003, the City desires to discontinue the collection of increment generated from County Project Number 1503 (Golden Hills); Resolution 14-39 - Continued May 20, 2014 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows (i) the City directs the County to discontinue sending increment generated from County Project Number 1503 to the City after December 31, 2014; or with last tax payments made in January, 2013 for taxes payable in 2014 (ii) the Clerk-Administrator shall provide a certified copy of this resolution to the County Auditor of Hennepin County as notification of the City's compliance with the special legislation. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by 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. city of tivoN golden ,. MEMORANDUM valley Fire Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. H. Authorization to Extend Fire Relief Association Street Dance Hours Prepared By John Crelly, Fire Chief Summary The Golden Valley Fire Relief Association is requesting permission to extend the street dance hours until midnight on Saturday,June 21, 2014. The rain date for the fireworks is June 22, 2014 at 10 pm. The street dance and fireworks 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 21, 2014, with a fireworks rain date of Sunday,June 22, 2014, at 10 pm at the Chester Bird American Legion, 200 North Lilac Drive. city of 1 � MEMORANDUM Valley Finance Department 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. I. Receipt of April 2014 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing (Enterprise Fund) Storm Utility Fund (Enterprise Fund) Equipment Replacement Fund (Capital Projects Fund) General Fund Operations: As of April 2014,the City uses $3,189,762 of fund balance to balance the General Fund Budget. Attachments • April 2014 General Fund Financial Reports (2 pages) • April 2014 Conservation/Recycling Fund (1 page) • April 2014 Water and Sewer Utility Fund (1 page) • April 2014 Brookview Golf Course (1 page) • April 2014 Motor Vehicle Licensing (1 page) • April 2014 Storm Utility Fund (1 page) • April 2014 Equipment Replacement Fund (1 page) Recommended Action Motion to receive and file the April 2014 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Expenditures April, 2014 (unaudited) Over % 2014 March YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. 001 Council $294,840 45,037 106,588 ($188,252) 36.15% 003 City Manager 762,980 44,914 176,077 (586,903) 23.08% 004 Transfers Out 294,710 0 0 (294,710) 0.00% (1) 005 Admin. Services 1,676,280 163,546 460,755 (1,215,525) 27.49% 006 Legal 135,000 8,088 25,146 (109,854) 18.63% (2) 007 Risk Management 300,000 130,094 135,102 (164,898) 45.03% 011 General Gov't. Bldgs. 556,990 59,613 165,859 (391,131) 29.78% 016 Community Development 997,740 73,374 278,447 (719,293) 27.91% 022 Police 5,202,175 387,087 1,477,868 (3,724,307) 28.41% 023 Fire 1,200,190 96,496 362,112 (838,078) 30.17% 035 Public Works Admin. 334,315 21,938 96,794 (237,521) 28.95% 036 Engineering 691,880 43,243 152,426 (539,454) 22.03% 037 Streets 1,429,410 110,389 467,873 (961,537) 32.73% 065 Community Center 74,100 5,692 16,471 (57,629) 22.23% 066 Park& Rec.Admin. 679,345 47,237 192,844 (486,501) 28.39% 067 Park Maintenance 1,051,490 105,591 291,089 (760,401) 27.68% 068 Recreation Programs 502,830 11,105 56,547 (446,283) 11.25% TOTAL Expenditures $16,184,275 $1,353,444 $4,461,998 ($11,722,277) 27.57% (1)This transfer will be made in June, 2014. (2) Legal services are through March. City of Golden Valley Monthly Budget Report-General Fund Revenues April, 2014 Percentage Of Year Completed 33.00% Over % 2014 April YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $12,358,005 9,821 9,821 ($12,348,184) 0.08% (1) Licenses 210,785 55,675 109,101 ($101,684) 51.76% Permits 725,000 81,058 471,764 ($253,236) 65.07% Federal Grants 31,205 0 7,500 ($23,705) 24.03% State Aid 255,390 590 1,077 ($254,313) 0.42% (2) Hennepin County Aid 0 0 0 $0 Charges For Services: General Government 45,050 1,950 3,767 ($41,283) 8.36% Public Safety 163,870 8,443 42,068 ($121,802) 25.67% Public Works 141,000 13,359 40,279 ($100,721) 28.57% Park& Rec 525,270 27,219 110,522 ($414,748) 21.04% Other Funds 981,500 112,125 277,982 ($703,518) 28.32% Fines& Forfeitures 320,000 28,922 80,247 ($239,753) 25.08% (5) Interest On Investments 100,000 0 0 ($100,000) 0.00% (3) Miscellaneous Revenue 227,200 29,679 76,441 ($150,759) 33.64% Transfers In 100,000 16,667 41,667 ($58,333) 41.67% (4) TOTAL Revenue $16,184,275 $385,508 $1,272,236 ($14,912,039) 7.86% Notes: (1) Payments are received in July, December, and January. (2) Police Training will be paid in August. Safe and Sober is billed on time spent. (3) Investment income is allocated at year end. (4)Transfers are monthly. (5) Payments are through March 2014. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund April 2014(unaudited) Over 2014 April YTD (Under) Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 56,500 0 0 (56,500) 0.00% Recycling Charges 332,400 29,264 74,123 (258,277) 22.30% Miscellaneous Revenues 9,000 0 0 (9,000) Interest on Investments 5,000 0 0 (5,000) 0.00% (1) Total Revenue 402,900 29,264 74,123 (328,777) 18.40% Expenses: Recycling 447,135 51,071 99,687 (347,448) 22.29% (2) Total Expenses 447,135 51,071 99,687 (347,448) 22.29% (1) Interest Earnings are allocated at year-end. (2) Recycling Charges are through March. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund April, 2014(unaudited) Over 2014 April YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,251,750 292,757 846,795 (3,404,955) 19.92% Sewer Charges 3,300,970 312,378 880,021 (2,420,949) 26.66% Meter Sales 5,000 1,373 3,013 (1,987) 60.26% MCES Grant Program 118,730 0 0 (118,730) Penalties 110,000 12,589 15,376 (94,624) 13.98% Charges for Other Services 230,000 146,050 166,187 (63,813) 72.26% State Water Testing Fee Pass Through 45,000 4,074 11,586 (33,414) 25.75% Certificate of Compliance 70,000 9,600 29,150 (40,850) 41.64% Interest Earnings 35,000 0 0 (35,000) 0.00% Total Revenue 8,166,450 778,821 1,952,128 (6,214,322) 23.90% Expenses: Utility Administration 1,377,255 235,059 402,810 (974,445) 29.25% Sewer Maintenance 2,488,530 192,152 863,150 (1,625,380) 34.69% Water Maintenance 4,363,650 259,739 1,407,415 (2,956,235) 32.25% Total Expenses 8,229,435 686,950 2,673,375 (5,556,060) 32.49% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund (3) April, 2014(unaudited) Over 2014 April YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 880,780 41,326 43,851 (836,929) 4.98% Driving Range Fees 105,000 7,269 7,269 (97,731) 6.92% Par 3 Fees 173,200 3,169 3,169 (170,031) 1.83% Lawn Bowling 18,730 0 0 (18,730) 0.00% Pro Shop Sales 78,500 3,695 4,326 (74,174) 5.51% Pro Shop Rentals 227,800 9,163 9,476 (218,324) 4.16% Concession Sales 215,200 3,695 4,326 (210,874) 2.01% Other Revenue 70,155 34,256 67,373 (2,782) 96.03% Interest Earnings 6,000 0 0 (6,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (35,000) (74) (295) 34,705 0.84% Total Revenue 1,740,365 102,499 139,495 (1,600,870) 8.02% Expenses: Golf Operations 655,995 67,032 195,209 (460,786) 29.76% (2) Course Maintenance 778,840 89,635 225,699 (553,141) 28.98% Pro Shop 105,705 7,816 48,678 (57,027) 46.05% Grill 177,910 15,786 16,322 (161,588) 9,17% Driving Range 48,075 3,549 3,686 (44,389) 7.67% Par 3 Course 3,500 242 421 (3,079) 12.03% Lawn Bowling 141,965 0 0 (141,965) 0.00% Total Expenses 1,911,990 184,060 490,015 (1,421,975) 25.63% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course opened April 9. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund April 2014(unaudited) Over 2014 April YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 3,800 0 0 (3,800) 0.00% (1) Charges for Services 396,410 31,983 115,954 (280,456) 29.25% Total Revenue 400,210 31,983 115,954 (284,256) 28.97% Expenses: Motor Vehicle Licensing 400,210 38,109 117,985 (282,225) 29.48% Total Expenses 400,210 38,109 117,985 (282,225) 29.48% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund April,2014(unaudited) Over 2014 April YTD (Under) Budget Actual Actual Budget Current Revenue Interest Earnings 45,000 0 0 (45,000) 0.00% (1) Storm Sewer Charges 2,226,920 196,634 698,376 (1,528,544) 31.36% Bassett Creek Watershed 998,800 0 0 (998,800) 0.00% Miscellaneous Receipts 200,000 0 26,168 (173,832) State Grant-Other 0 0 0 0 (3) Total Revenue 3,470,720 196,634 724,544 (2,746,176) 20.88% Expenses: Storm Utility 2,474,535 62,293 363,469 (2,111,066) 14.69% (2) Street Cleaning 124,690 31,409 65,243 (59,447) 52.32% Environmental Control 309,225 21,432 68,434 (240,791) 22.13% Debt Service Payments 433,510 0 384,963 (48,547) 88.80% Total Expenses 3,341,960 115,134 882,109 (2,459,851) 26.39% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. 2012 PMP and 2013 PMP are not complete. (3) Project Reimbursement. 2014 Equipment Replacement Fund(CIP)-Fund 5700 2014 April YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 750,000 0 0 (750,000) Sale of Assets 35,000 0 22,700 (12,300) Miscellaneous 0 56 56 56 Interest Earnings(allocated at year end) 17,394 0 0 (17,394) Total Revenues 802,394 56 22,756 (779,638) Expenditures: Program# Project Number Project Name Bond Expenditures 0 0 2,350 (2,350) 5701 V&E-001 Marked Squad Cars(Police) 35,000 22 32,939 2,061 (1) 5702 V&E-002 Computers and Printers(Finance) 60,000 4,293 11,725 48,275 5703 V&E-003 Imaging System(Finance) 26,000 0 0 26,000 5712 V&E-012 Asphalt Paver(Street) 100,000 0 86,800 13,200 V&E-019 Computer Servers 40,000 10,316 10,316 29,684 V&E-069 Utility Tractor/Mower(Park) 25,000 0 0 25,000 V&E-071 Pickup Truck(Park) 45,000 0 0 45,000 5800 V&E-084 Self Contained Breathing Apparatus(Fire) 300,000 0 12,191 287,809 V&E-089 Sidewalk/Maintenance Tractor(Park) 158,000 0 0 158,000 V&E-101 Unmarked Police Vehicle(Police) 30,000 0 0 30,000 V&E-111 Dump Truck(Street) 80,000 44,580 44,580 35,420 Total Expenditures 899,000 59,211 200,901 698,099 (1)Computers are replaced every 4-5 years and purchased throughout the year based on available time. city of goldeni , MEMORANDUM valley Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. J. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 -The Towers at West End - Southwest Quadrant of 1-394 and Highway 100- Duke Realty, Applicant Prepared By Mark Grimes, Director of Planning and Development Jeannine Clancy, Director of Public Works Summary At the March 3, 2009 City Council meeting,the Council approved the Preliminary PUD Plan and Preliminary Plat for The Towers at West End PUD No. 107. The Council has approved ten 180-day extensions since the original Preliminary PUD approval. The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+ space parking deck attached to several office buildings that are located in St. Louis Park. Due to market conditions, Duke is requesting an extension for the filing of their applications for the Final PUD plan and the Final Plat. At this time, staff recommends that the extension of the PUD approval be a conditional 180 days. Staff will monitor the efforts by MCES and Duke to reach a conclusion on the permanent location of the lift station, the forcemain alignment, and all other appurtenances needed for the construction of the 1-GV-461 forcemain 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. 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 (July 19, 2014). 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 (September 17, 2014). 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. Attachments • Location Map (1 page) • Letter from Duke Realty requesting an extension dated May 6, 2014 (1 page) Recommended Action Motion 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 September 17, 2014, 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. 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Regards, DUKE REALTY CORPORATION bas Vice President, Construction enclosure c: Josh Budish, Duke Realty File city of goldeni , MEMORANDUM valley City Administration/Council 763-593-8003/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. K. Providing for Notice of Withdrawal from Five Cities Senior Transportation Project Prepared By Thomas Burt, City Manager Summary In 1985, the five cities of Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale entered into a Joint Powers Agreement to sponsor a program offering transportation to their adult population age 60 and older. It had been determined that the population, age 60 and older, had unmet transportation needs and that combining resources for the purpose of providing a senior transportation program on a limited basis would benefit each city. The purpose of the program was to provide efficient, reliable, cost-effective transportation to grocery stores, discount centers, pharmacies, senior dining and city-sponsored senior activities. It was to complement existing transportation programs provided by other area agencies, specifically medical transportation. The Five Cities Senior Transportation Program supported independence, self-sufficiency, and socialization for the five cities' older residents. The Five Cities Senior Transportation Program has had a decline in riders over the years. In 2012, Five Cities Transportation served 474 individuals down from 697 served in 1997. Approximately 22 Golden Valley residents were served on a monthly basis in 2013. Reasons for the decline have been discussed: senior apartment complexes are offering transportation to residents, more women have driver's licenses, seniors are keeping their cars longer, and people are more independent or rely on friends or family members to meet their transportation needs. The executive board made the decision to discontinue Five Cities Senior Transportation and recommend to each of the City Councils that the attached resolution be adopted the dissolves the joint powers agreement. Attachments • Resolution Providing for Notice of Withdrawal by the City of Golden Valley from the Five Cities Senior Transportation Project (1 page) Recommended Action Motion to adopt Resolution Providing for Notice of Withdrawal by the City of Golden Valley from the Five Cities Senior Transportation Project. Resolution 14-40 May 20, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR NOTICE OF WITHDRAWAL BY THE CITY OF GOLDEN VALLEY FROM THE FIVE CITIES SENIOR TRANSPORTATION PROJECT WHEREAS, the City of Golden Valley is a signatory to that certain "Joint Powers Agreement for the Establishment of the Five Cities Senior Transportation Project" ( the "JPA"), along with the cities of Brooklyn Center, Crystal, New Hope and Robbinsdale; and WHEREAS, the JPA was implemented in 1985 to address the lack of transportation opportunities for seniors, and was thus intended to assist seniors in the five cities with transportation needs to complement existing transportation programs by other area agencies (the "Five Cities Project"); and WHEREAS, over the years new and existing public senior transportation programs now offer a variety of senior transportation services, resulting in the Five Cities Project duplicating existing services; and WHEREAS, Golden Valley's participation in the Five Cities Project is no longer necessary to provide effective transportation services for seniors; and WHEREAS, the JPA permits the withdrawal of a member city, upon notice to the other member cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that this resolution provides notice of the City's intent to withdraw from the Five Cities Project effective as of July 30, 2014. BE IT FURTHER RESOLVED that the City Manager is directed to transmit this Notice of Withdrawal to the other member cities, and is further directed to insure that Golden Valley has met its full financial obligation to the Five Cities Project by the effective date of withdrawal. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by 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. cityof golden11, MEMORANDUM Valley Planning Department 763-593-8095/763-593-8109(fax) .r,..:Vrt, Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 3. L. Authorizing Submittal of Application to Minnesota Department of Employment and Economic Development (DEED) Contamination Cleanup Grant Program Prepared By Mark W. Grimes, Community Development Director Summary In order to financially assist with environmental cleanup of The Xenia apartment site at the northwest corner of Xenia Avenue and Golden Hills Drive, the City of Golden Valley is applying for a Contamination Cleanup Grant from the Minnesota Department of Employment and Development (DEED). The grant request is for$111,721. These funds will be used to clean up elevated concentrations of Polynuclear Aromatic Hydrocarbons (PAHS) and elevated concentrations of Diesel Range Organics (DRO). The cleanup will be done by contractors hired by Slosburg Companies. The apartment will have 372 units. The Community Development Department of the City will work with DEED and Slosburg to administer the funds and ensure that all rules and regulations are followed. Total cleanup costs for the 5.88 acre site are $374,476. Cleanup grants have already been committed from both Hennepin County and the Metropolitan Council ($101,999 and $92,400) in addition to a commitment from the developer (Slosburg) in the amount of$68,356. With the addition of the $111,721 DEED grant, the cleanup costs are covered. Attachments • Resolution Authorizing Submittal of an Application to the Minnesota Department of Employment and Economic Development (DEED) Contamination Cleanup Grant Program (1 page) Recommended Action Motion to adopt Resolution Authorizing Submittal of an Application to the Minnesota Department of Employment and Economic Development (DEED) Contamination Cleanup Grant Program. Resolution 14-41 May 20, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM WHEREAS, the City of Golden Valley has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on May 1, 2014, for the Xenia Project; and WHEREAS, the City of Golden Valley agrees to act as the legal sponsor for project contained in the Contamination Cleanup Grant Program that was submitted on May 1, 2014 and that Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Golden Valley on behalf of the Xenia Project; and WHEREAS, the City of Golden Valley has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS, the sources and amounts of the local match identified in the application are committed to the project identified; and WHEREAS, the City of Golden Valley has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and WHEREAS, upon approval of its application by the state, the City of Golden Valley may enter into an agreement with the State of Minnesota for the Xenia project, and that the City of Golden Valley certifies that it will comply with all applicable laws and regulation as stated in all contract agreements; and NOW THEREFORE BE IT RESOLVED, that the Mayor and the City Clerk of the City of Golden Valley are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. city of golden , MEMORANDUM valley Planning Department 763-593-8095/763-593-8109(fax) w1k i"'N'hadaq-NiM4.4 "NW41N'b J Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 4. A. Public Hearing— Preliminary Plat Approval—Fretham 21st Addition —400 Decatur Avenue North Prepared By Jason Zimmerman, City Planner Summary At the April 28, 2014 Planning Commission meeting, the Commission voted to recommend approval of a minor subdivision of the property located at 400 Decatur Avenue North (Fretham 21St Addition). The proposal would create two lots from the existing lot, each meeting the necessary lot area and lot width requirements as outlined in Chapter 12 of the City Code. The existing home would remain and a second home would be constructed. The Staff report that went to the Planning Commission dated July 18, 2013 is attached and describes the minor subdivision. The April 28, 2014, minutes of the Planning Commission describe the deliberation by the Commission in making their recommendation. Attachments • Location Map (1 page) • Unapproved Planning Commission Minutes dated April 28, 2014 (3 pages) • Memo to the Planning Commission dated April 28, 2014 (3 pages) • Memo from the Public Works Department dated April 23, 2014 (3 pages) • Site Plans (3 pages) Recommended Action Motion to approve the Preliminary Plat for Fretham 21st Addition, 400 Decatur Avenue North, 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$800 shall be paid before final plat approval. 3. The existing rear deck on the home at 400 Decatur Avenue North shall be removed or rebuilt to allow the property to conform to the rear yard setback as outlined in Section 11.21, Subd. 11(A)(2) of the City Code. 4. The existing shed shall be removed before building permits are issued. 5. The City Engineer's memorandum, dated April 23, 2014, shall become part of this approval. 6. A Subdivision Development Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 7. All applicable City permits shall be obtained prior to the development of the new lots. Wittman, Lisa From: Wittman, Lisa Sent: Tuesday, May 13, 2014 4:23 PM To: Zimmerman,Jason Subject: 400 Decatur Exec. Summary Attachments Here is the attachment list... Attachments • Location Map (1 page) • Planning Commission Minutes dated April 28, 2014(3 pages) • Memo to Planning Commission dated April 28, 2014 (3 pages) • Memo from Engineering Department dated April 23, 2014 (3 pages • Site Plans(3 pages) Lisa Wittman I Administrative Assistant I City of Golden Valley 7800 Golden Valley Road I Golden Valley,MN 55427 I 763-593-8095 1763-593-8109(Fax) 1763-593-3968(TTY) Iwittman@goldenvalleymn.gov 1 9010 8850000.0.00. 711:017:18685. 9100 ¢ /.'" ✓".-_.+++� gt3te HwYµo 55 8 815 w -� Me^`p{1atY N OtS°11 6439 a 440 Z m 8945 8951 a • `- 433 �r1 433 432 5 _ _ 9031 8811 ' f Z ■42 3 1! s m 411 i 424 32 424w m 0 202 421 < a� m 301306 201 a lit 416 Subject Property: 302 347 w 410 8928 8920 8912 5 400 Decatur Ave )131a 408 ims 345 - 43 32 Wally St .0202 339 I 400 .. '^3 8925 8917 8901 ,� 501 S06 201 8933 8913 8909 302 325- 4 9131d 9145 9145 102t .5roldAVe 301.02 20 201 91454 T3031. 91 Regular Meeting of the Golden Valley Planning Commission April 28, 2014 A regular meeting of the Planning'Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden]Valley Road, Golden Valley, Minnesota, on Monday, I arch 24, 2014. Chair Kluchka galled the meeting - •1-der at 7 pm. ji / Those press - ere Planning Commissi. • rs Boudreau-Landis, Cera, Kluchka, McCarty, Segelbaum and •hauser. AI ;o • ent was Planner Jason Zimmerman and Administrative Assistan - man. Commissioner Baker was absent, F� - 1. Approval of ' tes ' - 1 4 March 4, 2014, Regularlanning Commission --ting MO • by Cera, seconded by i gelbaum and motion carriedunani ou; lyto approve t - March 24, 2014, minutes as submitted. ,, , 2. Informal Public Hearing — Minor Subdivision -400 Decatur Avenue North — Fretham 21st Addition — SU22-02 Applicant: Lake West Development, LLC Addresses: 400 Decatur Avenue North Purpose: To reconfigure the existing single family residential lot into two new single family residential lots. Zimmerman explained the applicant's request to subdivide the property into two lots. He stated that the existing home would remain and would be 11,315 square feet in size with 94 feet of frontage along Decatur. A home would be built toward the east side of the proposed new Lot 2 and would be 20,153 square feet in size with 161 feet of frontage along Harold Avenue. , Segelbaum referred to a map showing the proposed building envelopes and asked why the new house is proposed to be built so far to the east. Zimmerman stated that the applicant originally submitted,a proposal for three lots and that he may come forward in the future with plans for a third,lot. He explained that the Zoning Code and Subdivision Code define lot width differently and that the Council is going to be discussing this issue soon in order to clarify which definition should be used. Waldhauser referred to the plans and asked about the notation shown on the western portion of the proposed new lot. Zimmerman stated that notation referred to the grade/elevation of the property. Zimmerman noted that the existing house has a deck that will be located in the rear yard setback area after the proposed lot split. He also noted that there is an existing shed that would be located on proposed Lot 2. He stated that the applicant has agreed to reconstruct the deck in a conforming location and to remove the shed from the property. Minutes of the Golden Valley Planning Commission April 28, 2014 Page 2 He stated that staff is recommending approval of the Minor Subdivision subject to the conditions listed in his staff report. Cera noted there is also an overhead wire will need to be relocated. Zimmerman agreed. McCarty asked if there are many trees that will need to be removed. Zimmerman stated that some trees will be removed and that a tree preservation plan will be required. Segelbaum referred to the existing curb cut on Harold Avenue which will provide access to Lot 2 and noted that it will be the only driveway on Harold. He asked if that existing curb cut, or the fact this this will be the only access on Harold Avenue, is significant in the City's consideration of this proposal. Zimmerman stated that the existing curb'cut isn't,the reason that the access will be on Harold Avenue, Harold Avenue just provided the frontage needed in order to subdivide the property. V 'Eta= a' " Kluchka asked if there are any potential issues with the proposed new house being so close to two parking lots. Zimmerman stated that there aren't any Code issues with houses being close to parking lots and that anyone purchasing the property will have,full knowledge of the parking lots. Kluchka said he doesn't want the City put in the position of having to grant variances for taller fencing in order to screen the existing parking lots. Segelbaum asked if Mr. Fretham owns the roperty. Don J ,nsen, Lake West Development Co., representing the applicant, �,� p g pp said yes r w°Feetham is thecurrent owner of the property. Jensen referred to an aerial photo of the;property and'stated that he will work with the City's forester regarding the trees on the property h e'expl ined that the power lines running over the property will be relocated either underground or to the perimeter, the required inflow and infiltration work will be completed, the deck on the existing house will be removed and reconstructed in a conforming location and the existing house will be remodeled. He added that the proposed new home will be placed on the east side of the newly created lot in case they can build another home in the future, if they can't build another home there will just be more yard space for the two lots. He stated that this proposal fits with why people want to be in Golden Valley. Kluchka asked Mr. Jensen about the timeline for this proposal. Jensen said they hope to begin construction in, une. Kluchka asked if the new home would be a custom home or a spec home. Jensen said it would be a combination of the two. Kluchka asked if the home would be built before they have a buyer. Jensen said a home would potentially be built before they have a buyer. Segelbaum asked the applicant how their plans would be impacted if they are able to split the property into three lots. Jensen said there would be no impact to their plans because they are placing the house on the property so that a third house could fit. Segelbaum asked about the size of the proposed new home(s). Jensen said they would be 2,000 to 3,000 square feet in size. Segelbaum asked if the currently proposed new home would double in size if they are not allowed to split the property into three lots. Jensen said no, the market would not support that large of a home in this location. Minutes of the Golden Valley Planning Commission April 28, 2014 Page 3 McCarty asked Jensen to address the screening of the adjacent parking lot. Jensen said the screening can be addressed with the floor plan, the window placement, and landscaping and it should not be incumbent on the City to provide variances for screening. Waldhauser asked Jensen if the potential buyers are likely to be residents of the home, or just the owner. Jensen said he thinks there is more demand for the homeowner to live in the home. Kluchka opened the public hearing. Seeing and hearing no one wishing to comment, Kluchka closed the public hearing. Boudreau-Landis stated that if a Lot 3 is created it would have a much smaller rear yard setback than Lot 2. Zimmerman stated that the rear yard setback°r'equirement is 20% of the lot depth, whereas the side yard setback requirement is 15 feet. Segelbaum said he is supportive of this proposal. The applicant has answered all of the Commissioner's questions and he feels this is an appropriate v ay to enhance this property. Kluchka suggested a condition be added stating.thatfuture variances for screening will not be allowed. Cera said he would rather leave variance decisions tothe Board of Zoning Appeals or the City Council. Segelbaum agreed. Waldhauser agreed, but said she thinks it's important to note that the Planning Commission doesn't see the need for future variances. Cera asked how high a fence could be on the adjacent commercial property. McCarty said fences in the Commercial zoning district are all©wedito be 8 feet in height. Cera said in that case a variance regarding the height of fence would not be an issue. He suggested a condition be added requiring thatithe existing shed be removed. a as MOVED by Cera, seconded by Boudreau-Landis and motion carried unanimously to recommend approval of the proposed minor subdivision at 400 Decatur Avenue North 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$800 shall be paid before final plat approval. 3. The existing reared ck on the home at 400 Decatur Avenue North shall be removed to allowthe property to conform to the rear yard setback as outlined in Section 11.21, ,Subd. 11(A)(2) of the City Code. 4. The existing shed shall be removed before building permits are issued. 5. The City Engineer's memorandum, dated April 23, 2014, shall become part of this approval. 6. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 7. All applicable City permits shall be obtained prior to the development of the new lots. --Short Recess-- city of goldeni , MEMORANDUM valley Planning Department artment 763-593-8095/763-593-8109(fax) "a; .., ""Minnlllnkoa..'""n Nmi*.ati...__ v. in,na n. iti Date: April 28, 2014 To: Golden Valley Planning Commission From: Jason Zimmerman, City Planner Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of 400 Decatur Avenue North— Lake West Development, LLC, Applicant Summary of Request Lake West Development, LLC, is proposing to subdivide the property located at 400 Decatur Avenue North into two separate lots. The existing home at 400 Decatur Avenue North would remain and the newly created lot to the south would be developed separately. Access to the new lot would be from Harold Avenue. City Code requires that each new lot be a minimum of 10,000 square feet in the R-1 Single Family Residential Zoning District. Lot 1 to the north would be 11,315 square feet and the lot to the south, Lot 2, would be 20,153 square feet. City Code also requires that each lot have a minimum of 80 feet of frontage at the front setback. Lot 1 to the north would continue to have approximately 93 feet of frontage. Lot 2 to the south would have 161 feet of frontage measured at the 35 foot setback. The dimensions of both of the newly created lots provide a sufficient building envelope for development. Qualification as a Minor Subdivision The proposed two lot subdivision qualifies as a minor subdivision because the property located at 400 Decatur Avenue North is an existing platted lot of record, the proposed subdivision will produce fewer than four lots, and it will not create need for public improvements (such as street construction). The applicant has submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of Minor Subdivision Staff has evaluated the proposed lot subdivision request as a minor subdivision. As previously indicated, the proposed subdivision would create two lots in the R-1 Single Family Residential Zoning District. The Applicant has submitted a survey of the existing lot prior to the proposed subdivision, as well as a preliminary plat displaying the two lots after the subdivision. The documents show the existing home remaining—though in order to meet the rear yard setback requirements the deck on the back of the house would need to be removed. These documents provide the City with the necessary information to evaluate the proposed minor subdivision. City Engineer Jeff Oliver has submitted a memorandum dated April 23, 2014, regarding recommendations from the Public Works Department concerning this request. Requirements set forth in Mr. Oliver's memo are to be included in the recommended action of this subdivision. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comments related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Both lots of the proposed subdivision meet the requirements of the R-1 Single Family Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable.The City Engineer finds that the lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots.The addition of the new lots will not place an undue strain on City utility systems. 4. Approval of the minor subdivision may require the granting of certain easements to the City. As discussed in the Public Works memo, drainage and utility easements must be shown on the final plat. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunities to comment. No other public agencies have jurisdiction over the streets adjacent to the site. 6. The City may ask for review of title if required by the City Attorney for dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of $800 shall be paid by the applicant prior to final plat approval. Recommended Action The Planning Department recommends approval of the proposed minor subdivision 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$800 shall be paid before final plat approval. 3. The existing rear deck on the home at 400 Decatur Avenue North shall be removed to allow the property to conform to the rear yard setback as outlined in Section 11.21, Subd. 11(A)(2) of the City Code. 4. The City Engineer's memorandum, dated April 23, 2014, shall become part of this approval. 5. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 6. All applicable City permits shall be obtained prior to the development of the new lots. Attachments: Location Map (1 page) Memo from Public Works Department, dated April 23, 2014 (3 pages) Site Plans (3 pages) city of fi olden MEMORANDUM Valley Public Works Department 763-593-8030/763-593-3988(fax) Date: lark pril 23, 2014 To: Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer /91 6.2 (' Eric Eckman, Public Works Specialist Subject: Subdivision Review for Fretham 21st Addition Public Works staff has reviewed the proposed minor subdivision of property at 400 Decatur Avenue North.The proposed subdivision is located on Decatur Avenue between Wally Street and Harold Avenue just west of General Mills Boulevard. The Developer proposes to subdivide the existing property into two parcels with single family homes.The comments contained in this review are based on plans submitted to the City on March 20, 2014 and revised on April 18, 2014. Preliminary Plat: The Developer proposes to subdivide the existing property into two parcels, each with its own driveway access. Lot 1 contains the existing house at 400 Decatur Avenue,which will continue to use the existing driveway onto Decatur. Lot 2 may utilize the existing curb cut on Harold Avenue for driveway access. The house on Lot 2 will be positioned on the east side of the property to allow for the possible future subdivision of Lot 2. Lot 2 will be custom-graded by the builder and the final design and location of the driveway onto Harold Avenue will be determined at the time of home construction. The new driveway must meet City standards including the installation of a concrete apron. A City Right-of-Way Permit is required for the construction of each of the new driveways. The property proposed for development is not part of a recorded plat. However, City records show that there are sanitary sewer easements and drainage and utility easements along much of the plat boundary. Portions of these easements may need to be vacated as part of this development. The City will initiate the easement vacation process and provide all public notices and notification letters. As part of this process,the developer must provide to the City legal descriptions and exhibits showing the easements to be vacated. G:\Developments-Private\Fretham 21st Addition\Subdivision Review.docx The City's Subdivision Ordinance requires 10-foot drainage and utility easements on all plat boundaries and 12-foot easements centered on all interior lot lines. The final plat for this development must include easements on all property lines consistent with the City's Subdivision Ordinance. Preliminary Utility Plan: The City's sanitary sewer and water systems that provide service to these properties have adequate capacity for the proposed development. The developer has demonstrated that extension of services is possible as shown on the Preliminary Grading Plan. However, the sanitary sewer service for the existing house at 400 Decatur Avenue is connected to the sewer main running along Harold Avenue and will need to be relocated. Depending on the final location of the sewer service, a private easement between the owners of proposed Lots 1 and 2 may need to be executed and recorded at Hennepin County. A copy of the recorded private easement would need to be provided to the City prior to final plat approval. The water service for Lot 2 is proposed to connect to the City's main under Harold Avenue. The City recommends that the Developer or Contractor directional bore the service to minimize disruption to traffic and impacts to the street pavement. A Right-of-Way Permit is required for any excavations or obstructions within City right-of-way. The Developer or Contractor will also be required to obtain the appropriate sewer and water permits from the City for the removal and installation of utility services. The City has an Inflow and Infiltration Ordinance which serves to reduce the amount of clear water entering the sanitary sewer system. The owner of 400 Decatur Avenue has entered into an I/I Compliance Agreement to ensure compliance with the ordinance. The relocated sanitary sewer service will need to be inspected and achieve compliance with the ordinance before occupancy of the home. In addition,the Developer or Contractor working on each new home will need to apply for a Point of Sale permit, complete the required inspections, and achieve compliance with the City's Inflow and Infiltration Ordinance prior to occupancy of the homes. Preliminary Grading Plan: The proposed development is within the Main Stem sub-watershed of the Bassett Creek Watershed. Based upon the size of the development, review by the Bassett Creek Watershed Management Commission (BCWMC) is not required. The Developer has submitted a preliminary grading plan showing the anticipated elevation of the new home on Lot 2 as well as a potential future building pad on the west portion of Lot 2. The new lot will be custom graded at the time of home construction, and therefore a City Stormwater Management Permit will be required before the start of construction. A stormwater management plan that meets City standards is required as part of the permit submittal. G:\Developments-Private\Fretham 21st Addition\Subdivision Review.docx 2 Tree Preservation: This development is subject to the City's Tree Preservation Ordinance. Because each lot will be custom graded,the project is considered a Single-lot Development in which a separate Tree Preservation Permit will be required for each lot prior to home construction. Summary and Recommendations: Public Works staff recommends approval of the proposed minor subdivision of property located at 400 Decatur Avenue subject to the comments contained in this review.These comments are summarized as follows: 1. Existing drainage and utility easements must be vacated, as discussed in this review. 2. The final plat for this development must include the dedication of new easements, as discussed in this review. 3. The sanitary sewer service for the existing house at 400 Decatur Avenue must be relocated, as discussed in this review. 4. The properties must obtain compliance with the City's Inflow and Infiltration Ordinance, prior to occupancy of the homes. 5. The developer and/or contractor must obtain the appropriate permits prior to development, as discussed in this review. Approval is subject to the review and comment of the City Attorney and other City staff. Please feel free to call me if you have any questions regarding this matter. 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'';"..�\w,� _ ' _°01,0°,04 BmaS auS °_ _ �' .n° \ ;7,. �J / re S6 66--W+Ii YY' T FON Zi t^ \ ar-@ P ./ / /I I I 16 Igi J ooz9s9'oN .FI •i I S / ,,,,,x,..,3a6ox,o,0 px.Am(),01- I , / I I v 01 ' // / I, 1 f` �� / ill I ' v 2 - I,\ / / le \ a ;.,—,„, i I, o Ii // w ° I o \ E /t/9,,,,,:)/ a // \\.\ ti� !i-; I I k 0 v o: Pi /\ \ ;', 11 ,. 0 -0 <5, / .,‘ / \-I \ ,,,I :1 LIJ DO ° o L^00 . ; \\ \ dry i w ii N �o w• o i IY = m / m \ \ \ � ppPloxPa��lv)So > I � � n Q _ _ �, '� ((� \ \\ \ aIII 0 - a23 e \ \ \ �x \ m II N % / �.. z e 4 \ \y /� o'r o o 00 TmT / m ti / 6'ZFa3 m \a m\/' -. a.• s.mgOa VI l'LCZ 6 �ro / V. o e 3,.60,LOOS /l 6LB:y a pir ' + \ ' m ^4 - �� / ' ,501.5.50's e 341s me.,'q°„sl n \ + ” it' 9 / lf� e< ��1 Q X09 5 ,` �3,(om/°346ia.09 I e�`\\ "'mac i ,, 5°'''''m \.'‘Qµ9,0"N`.°'' i Oaso ^ \ a m O 9� ,V `0 � >S'o 5 W ' UI Il V oaci I m E\�r�'.,p•C8 r°66°s .�\\. /. ,� 7 0,.:. g� n I _ � ,A. \'\\ Sot/ 5Fa''n71, F73 r•m m , = mm \\\ 'm ® 1 \m. 1 1 city of goldeni , MEMORANDUM vaiiey Police Department 763-593-8079 t 763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 6. A. On-Sale and Sunday Liquor License- RWB Minneapolis Catering LLC d/b/a Harvest Cafe Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary RWB Minneapolis Catering LLC d/b/a Harvest Cafe, has applied for an On-Sale and Sunday Liquor License. RWB Minneapolis Catering LLC d/b/a Harvest Cafe, is owned by a group of ten owners, with five holding over a 5% ownership. 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 an On-Sale and Sunday Liquor License. Recommended Action Motion to approve the issuance of an On-Sale and Sunday Liquor License to RWB Minneapolis Catering LLC d/b/a Harvest Café, located at 5500 Wayzata Boulevard for the term through June 30, 2014. of golden , MEMORANDUM Finance valley a ce Department 763-593-80131763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 6. B. Resolution approving Special Law authorizing the City of Golden Valley to issue an On-Sale License for a City-Owned Golf Course and Community Center located at 200 Brookview Parkway Prepared By Susan Virnig, Finance Director Summary In order for the City to obtain a liquor license for Brookview Golf Course and Community Center special legislation was passed at the 2014 Legislative Session. Minnesota Statutes, section 645.021 states that the City Council needs to approve a resolution to become effective. This needs to be approved by a majority vote of all members. Attachments • Resolution Approving Special Law Authorizing the City of Golden Valley to Issue an On-Sale License for a City-Owned Golf Course and Community Center located at 200 Brookview Parkway ( 1 page) Recommended Action Motion to adopt Resolution approving Special Law authorizing the City of Golden Valley to issue an On-Sale License for a City-Owned Golf Course and Community Center located at 200 Brookview Parkway Resolution 14-42 May 20, 2014 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIAL LAW AUTHORIZING THE CITY OF GOLDEN VALLEY TO ISSUE AN ON-SALE LICENSE FOR A CITY-OWNED GOLF COURSE AND COMMUNITY CENTER LOCATED AT 200 BROOKVIEW PARKWAY WHEREAS, the Minnesota Legislature passed, and the Governor of Minnesota signed into law, a special law authorizing the city of Golden Valley to issue an on-sale license for a city-owned golf course and community center located at 200 Brookview Parkway (the "Statute"); and WHEREAS, the Statute is effective upon the approval by the Golden Valley City Council and compliance with Minnesota Statutes, section 645.021; and WHEREAS, Minnesota Statutes, section 645.021, provides that a "special law shall not be effective without approval of the local government unit or units affected" and such approval "shall be by resolution adopted by a majority vote of all members of the governing body of the unit". NOW, THEREFORE, BE IT RESOLVED, the City of Golden Valley hereby approves the Statute in compliance with Minnesota Statutes, section 645.021; BE IT FURTHER RESOLVED, that the City Clerk is authorized and immediately directed to file with the secretary of state a certificate stating the essential facts necessary to valid approval, including a copy of this resolution of approval, in the form of the certificate prescribed by the attorney general and furnished by the secretary of state, all in accordance with Minnesota Statutes, section 645.021. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by 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. city ,, . golden MEMORANDUM Police PoDepartment ��,.. '�� 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 6. C. On Sale and Sunday Sale Liquor License—City of Golden Valley d/b/a Brookview Golf Course and Community Center Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary Brookview Golf Course and Community Center has applied for an On-Sale and Sunday Sale Liquor License. The Brookview Golf Course and Community Center is wholly owned by the City of Golden Valley. The City Attorney has reviewed the applications, and has found the documents are in order and complete. The applicant meets all State and City requirements for consideration of the issuance of an On-Sale and Sunday Sale Liquor License. Recommended Action Motion to approve the issuance of an On-Sale and Sunday Sale Liquor License to the City of Golden Valley DBA Brookview Golf Course and Community Center, located at 200 Brookview Parkway, upon acceptance and license received from the State to June 30, 2014. city of 4d� golden va ley MEMORANDUM Police Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 6. D. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor License Renewals Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary The following establishments have applied for renewal of their liquor licenses for the 2014-2015 license term. The applicants meet City Code and State requirements for the renewal of their licenses. Off-Sale Byerly Beverages, Inc. d/b/a Byerly's Wine &Spirits Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel San Antonio Farms, LLC. d/b/a MGM Liquor Warehouse Adelemor, Inc. d/b/a United Liquors #2 JTJ Enterprises, LLC d/b/a Lakeridge Wine & Spirits Off-Sale/On-Sale and Sunday Sale RZMP Corporation d/b/a Schuller's Tavern Club On-Sale and Sunday Sale Chester Bird American Legion Post#523 Golden Valley VFW Post#7051 On-Sale and Sunday Sale D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom GMRI, Inc. d/b/a Red Lobster Golden Valley Country Club Inc. d/b/a Golden Valley Country Club On-Sale and Sunday Sale- continued Webb Golden Valley LLC d/b/a Good Day Café Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles Prom Management Group, Inc. d/b/a Prom Catering City of Golden Valley d/b/a Brookview Golf Course and Community Center Wine On-Sale (including strong beer) and Non-Intoxicating Malt Liquor D'Amico and Sons, Inc. d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a Noodles & Company Nong's Thai Cuisine, Inc. d/b/a Nong's Thai Cuisine Smashburger Acquisition- Minneapolis LLC d/b/a Smashburger CCP LLC d/b/a Mort's Deli Recommended Action Motion to approve the renewal of the respective liquor licenses for the applicants listed above for the 2014-2015 license term. city of golden MEMORANDUM '.� Finance Department 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 6. E. Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of: $2,335,000 General Obligation Improvement Bonds Series 2014A, $750,000 General Obligation Equipment Certificates of Indebtedness Series 2014B and $4,165,000 General Obligation Improvement Refunding Bonds Series 2014C. Prepared By Sue Virnig, Finance Director Summary At the meeting of April 17, 2014, the City Council adopted resolutions authorizing the issuance and sale of these bond issues. The sale date was set for Tuesday, May 20, 2014. Dave MacGillivray 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$2,335,000 General Obligation Improvement Bonds, Series 2014A (21 pages) • Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of$750,000 General Obligation Equipment Certificates of Indebtedness Series 2014B (17 Pages) • Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of$4,165,000 General Obligation Improvement Refunding Bonds Series 2014C (20 pages) Recommended Action 1. Motion to adopt Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and providing for the Payment of$2,335,000 General Obligation Improvement Bonds, Series 2014A. 2. Motion to adopt Resolution Authorizing Issuance,Awarding Sale, Prescribing the Form and Details and providing for the Payment of$750,000 General Obligation Equipment Certificates of Indebtedness Series 2014B. 3. Motion to adopt Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and providing for the Payment of$4,165,000 General Obligation Improvement Refunding Bonds Series 2014C. Resolution 14-43 May 20, 2014 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 $2,335,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A BE IT RESOLVED by the City Council, City of Golden Valley, Minnesota (the City), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. This Council, by resolution duly adopted on April 17, 2014, authorized the issuance and sale on the date hereof of its General Obligation Improvement Bonds, Series 2014A (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds of the Bonds will be used to finance various street improvement projects in the City (the Project). 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Springsted Incorporated, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , in , (the Purchaser), to purchase the Bonds at a price of$ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03. 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 the date of original issuance thereof, 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 Resolution 14-43 May 20, 2014 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 2015 $100,000 % 2026 $125,000 0/0 2016 -0- 2027 130,000 2017 -0- 2028 130,000 2018 -0- 2029 135,000 2019 110,000 2030 140,000 2020 110,000 2031 145,000 2021 110,000 2032 150,000 2022 115,000 2033 155,000 2023 115,000 2034 160,000 2024 120,000 2035 165,000 2025 120,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] For purposes of compliance with Minnesota Statutes, Section 475.54, subdivision 1, maturities of the Bonds shall be combined with those of the City's General Obligation Equipment Cetrificates of Indebtedness, Series 2014B. 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, 2015, 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 2024 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, 2023, 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 thereof to be published if and as required by law, and at least thirty and not more than 60 days prior to the Resolution 14-43 May 20, 2014 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 of Initial 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 Resolution 14-43 May 20, 2014 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 Resolution 14-43 May 20, 2014 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. (j) 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 Resolution 14-43 May 20, 2014 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 of DTC, 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 of DTC. 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 of DTC, 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 Resolution 14-43 May 20, 2014 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 VALLEY GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2014A No. R- $ Interest Rate Maturity Date Date of Original CUSIP No. Issue February 1, June_, 2014 20 REGISTERED OWNER: CEDE & CO. Resolution 14-43 May 20, 2014 PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF GOLDEN VALLEY, 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, 2015 (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 of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the Bonds) in the aggregate principal amount of $2,335,000 issued pursuant to a resolution adopted by the City Council on May 6, 2014 (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 2024 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, 2023, 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 Resolution 14-43 May 20, 2014 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 Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date 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 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 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 Bonds 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. Resolution 14-43 May 20, 2014 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 2014A 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 Resolution 14-43 May 20, 2014 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 COM - as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act (State) 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] Resolution 14-43 May 20, 2014 SECTION 3. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A 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 2014A Construction Fund (the Construction Fund). To the Construction Fund there shall be credited from the proceeds of the Bonds 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 2014A Bond Fund. SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2014A 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 2014A Bond Fund (the Bond Fund). Into the Bond Fund shall be paid (a) the amounts specified in Section 3 above, (b) any amounts received from the Purchaser upon delivery of the Bonds in excess of the amounts appropriated to the Construction Fund pursuant to Section 3 hereof, (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. Resolution 14-43 May 20, 2014 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 1/12th 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 $503,041. It is estimated that the principal and interest on such special assessments will be levied beginning in 2014 and collected in the years 2015-2024 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 Council or 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. Resolution 14-43 May 20, 2014 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 Resolution 14-43 May 20, 2014 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 date of adoption of its reimbursement resolution for the Project, May 1, 2012, 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. 8.05. Qualified Tax-Exempt Obligations. The Council hereby designates the Bonds 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 hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not excluded from this calculation by Section 265(b)(3)(C)(ii) of the Code which will be issued by the City and all subordinate entities during calendar year 2014 does not exceed $10,000,000. 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. § 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 Resolution 14-43 May 20, 2014 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 (a) 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 (b) 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 12 months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2013, 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, prepared in accordance with generally accepted accounting principles 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, which information may be unaudited. 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, Resolution 14-43 May 20, 2014 including official statements, which have been filed with the SEC or have been submitted to the Municipal Securities Rulemaking Board (MSRB) through its Electronic Municipal Market Access System (EMMA). 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)(1) 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 not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a Material Fact): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event with respect to the City; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. Resolution 14-43 May 20, 2014 As used herein, for those events that must be reported if material, an event is "material" if it is an event 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, an event is also "material" if it is 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. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (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 through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) 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 City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the Resolution 14-43 May 20, 2014 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 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 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)(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 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 Resolution 14-43 May 20, 2014 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 April 29, 2014, prepared and distributed by Springsted Incorporated, the financial consultant for the City, is hereby approved. Springsted Incorporated is hereby authorized on behalf of the 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. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 14-43 May 20, 2014 APPENDIX I City of Golden Valley, Minnesota General Obligation Improvement Bonds, Series 2014A Payments on Special Assessments Year of Collection Principal Interest Total 20151 $ 35,212.88 $17,838.45 $ 53,051.33 2016 35,212.88 16,099.32 51,312.20 2017 35,212.87 14,310.52 49,523.39 2018 35,212.87 12,521.70 47,734.57 2019 35,212.87 10,732.88 45,945.75 2020 35,212.87 8,944.06 44,156.93 2021 35,212.87 7,155.26 42,368.13 2022 35,212.87 5,366.44 40,579.31 2023 35,212.87 3,577.62 38,790.49 2024 35,212.87 1,788.82 37,001.69 TOTAL $352,128.72 $98,335.07 $450,463.79 PROJECTED TAX LEVIES Date Levy 2014 $ 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total $ 1 Plus anticipated prepaid assessments of$150,912. Resolution 14-44 May 20, 2014 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 $750,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2014B 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 17, 2014, authorized the issuance and sale of$750,000 General Obligation Equipment Certificates of Indebtedness, Series 2014B (the Obligations) of the Issuer to finance the costs of acquiring items of capital equipment (the Project). Said items of capital equipment have a useful life not less than the term of the Obligations. The principal amount of the Obligations does not exceed 0.25 percent of the market value of taxable property in the Issuer. 1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the Issuer by Springsted Incorporated, sealed proposals for the purchase of the Obligations were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of , in and associates (the Purchaser), to purchase the Obligations at a price of$ 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 of the 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 the date of issuance thereof, shall be in denominations of$5,000 Resolution 14-44 May 20, 2014 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 2016 $250,000 2017 250,000 2018 250,000 For purposes of compliance with Minnesota Statutes, Section 475.54, subdivision 1, maturities of the Obligations shall be combined with those of the Issuer's General Obligation Improvement Bonds, Series 2014A. 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. Upon 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. Interest on the Obligations shall be payable on February 1 and August 1 in each year, commencing February 1, 2015, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Obligations 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. The Obligations shall not be subject to prepayment prior to their stated maturities. 2.05. Appointment of Initial 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: Resolution 14-44 May 20, 2014 (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. (f) 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 Resolution 14-44 May 20, 2014 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. If the 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. (j) 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 of DTC, and any successor nominee of DTC with respect to the Obligations. Resolution 14-44 May 20, 2014 "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 of DTC. 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 of DTC, 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. Resolution 14-44 May 20, 2014 (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 VALLEY GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2014B No. R- $ Interest Rate Maturity Date Date of Original CUSIP No. Issue February 1, June , 2014 20 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, 2015, 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 Resolution 14-44 May 20, 2014 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$750,000 issued pursuant to a resolution adopted by the City Council on May 20, 2014 (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 Resolution 14-44 May 20, 2014 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 2014B 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 VALLEY, MINNESOTA (facsimile signature — Mayor) (facsimile signature — City Manager) CERTIFICATE OF AUTHENTICATION This is one of the Obligations delivered pursuant to the Resolution mentioned within. Dated: U.S. BANK NATIONAL ASSOCIATION, as Registrar 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) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act (State) Resolution 14-44 May 20, 2014 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 2014B 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 of the Issuer to be known as the General Obligation Equipment Certificates of Indebtedness, Series 2014B Sinking Fund (the Sinking Fund), Resolution 14-44 May 20, 2014 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) the amount of $ received from the Purchaser; (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 2014-2016 2015-2017 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 Levy 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. Resolution 14-44 May 20, 2014 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 April 29, 2014, 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 l5c2-12 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. Resolution 14-44 May 20, 2014 7.03. Arbitrage Rebate. The City acknowledges that the Obligations 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 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 2014 does not exceed $10,000,000. 7.06. 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. § 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, Resolution 14-44 May 20, 2014 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 (a) 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 (b) 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 12 months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2013, 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, prepared in accordance with generally accepted accounting principles 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, which information may be unaudited. 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 filed with the SEC or have been submitted to the Municipal Securities Rulemaking Board (MSRB) through its Electronic Municipal Market Access System (EMMA). 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 Resolution 14-44 May 20, 2014 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)(1) 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 not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a Material Fact): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event with respect to the City; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event 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, an event is also "material" if it is 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. Resolution 14-44 May 20, 2014 For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (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 through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) 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 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 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. Resolution 14-44 May 20, 2014 (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)(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 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. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 14-44 May 20, 2014 PROJECTED LEVIES Date Levy 2015 2016 2017 Total Resolution 14-45 May 20, 2014 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 $4,165,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2014C 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. Pursuant to a resolution adopted by this Council on April 17, 2014, the Issuer has determined it to be in its best interests to issue its General Obligation Improvement Refunding Bonds, Series 2014C (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to provide funds to be used, along with other available funds, to refund (the Refunding), the 2018 through 2027 maturities of the Issuer's General Obligation Improvement Bonds, Series 2007C (the Series 2007C Bonds), dated, as originally issued, as of June 15, 2007, which maturities are presently outstanding in the principal amount of $3,885,000 (the Refunded Bonds). February 1, 2017 (the Crossover Date) is the earliest date upon which the Refunded Bonds may be redeemed without payment of premium. The Refunding is being carried out for the purpose described in Minnesota Statutes, Section 475.67, subdivision 3, section (b)(2)(i) and in compliance with Minnesota Statutes, Chapter 475. 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 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 (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. 1.03. 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 Issuer 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 Issuer until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. 1.04. Savings. It is hereby determined that: (a) by the issuance of the Bonds, the Issuer will realize a substantial interest rate reduction, a gross savings of approximately $ and a present value savings (using the yield on the Bonds, computed in accordance with Section 148 of Resolution 14-45 May 20, 2014 the Internal Revenue Code of 1986, as amended (the Code), as the discount factor) of approximately $ ; and (b) as of the Crossover Date, the sum of(i) the present value of the debt service on the Bonds, computed to their stated maturity dates, after deducting any premium, using the yield of the Bonds as the discount rate, plus (ii) any expenses of the refunding payable from a source other than the proceeds of the Bonds or investment earnings thereon, is lower by % than the present value of the debt service on the Refunded Bonds, exclusive of any premium, computed to their stated maturity dates, using the yield of the Bonds as the discount rate. 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 the date of issuance thereof, 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 2018 $180,000 2023 $685,000 2019 -0- 2024 675,000 2020 190,000 2025 675,000 2021 190,000 2026 680,000 2022 185,000 2027 705,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] For purposes of compliance with Minnesota Statutes, Section 475.54, subdivision 1, maturities of the Bonds shall be combined with those of the Series 2007C Bonds not refunded by the 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, Resolution 14-45 May 20, 2014 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, commencing February 1, 2015, 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 calendar month next preceding such 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 2024 and later years shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order of maturity dates as the Issuer 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, 2023, 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 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 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 Issuer 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 Resolution 14-45 May 20, 2014 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 of Initial 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). The Mayor and City Manager are authorized to execute and deliver, on behalf of the Issuer, 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 Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer 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 Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond 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. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. Resolution 14-45 May 20, 2014 (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 Issuer 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 any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon the 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 Issuer 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 Issuer. 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. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the Issuer, 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 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 Resolution 14-45 May 20, 2014 a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any 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 delivery. 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 has been duly 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 each Bond shall be conclusive evidence that it has been 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 of DTC, 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 sender 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 of DTC. The Registrar and the Issuer 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 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 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 Resolution 14-45 May 20, 2014 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 of DTC, 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 Issuer'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 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 Bonds 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 Bonds 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 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 Issuer 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: Resolution 14-45 May 20, 2014 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN VALLEY GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2014C No. R-_ $ Interest Rate Maturity Date Date of Original CUSIP NO. Issue February 1, 20 June 19, 2014 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 to the registered owner named 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 of each year, commencing February 1, 2015 (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 next preceding such 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 (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 and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of$4,165,000 (the Bonds) issued pursuant to a resolution adopted by the City Council on May 20, 2014 (the Resolution) to provide funds, together with other available funds of the Issuer, to refund outstanding general obligation improvement bonds previously issued by the Issuer. The Bonds are issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in denominations of$5,000 or any integral multiple thereof, of single maturities. Resolution 14-45 May 20, 2014 Bonds maturing in 2024 and later years shall be subject to redemption and prepayment at the option of the Issuer, in whole or in part, in such order of maturity dates as the Issuer 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, 2023, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The Issuer 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 Issuer 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 Aggregate Sinking Fund Aggregate Payment Date Principal Amount Payment Date 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 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 Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds 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. Resolution 14-45 May 20, 2014 The Bonds have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 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 Issuer. The Issuer 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 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 Bond 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 the Issuer has established its General Obligation Improvement Refunding Bonds, Series 2014C Bond Fund and has appropriated thereto certain investment earnings on the proceeds of the Bonds, special assessments levied upon property specially benefited by the local improvements refinanced by the Bonds and ad valorem taxes levied upon all taxable property in the Issuer, which will be collectible in the years and in amounts not less than five percent in excess of the amounts required to pay the principal of and interest on the Bonds when due; 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 Bond, 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 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 of Golden Valley, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. CITY OF GOLDEN VALLEY, MINNESOTA (facsimile signature — City Manager) (facsimile signature — Mayor) Resolution 14-45 May 20, 2014 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Dated: U.S. BANK NATIONAL ASSOCIATION, as Bond 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 COM - as tenants in common UTMA as Custodian for (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act (State) 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 Resolution 14-45 May 20, 2014 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 OFASSIGNEE: [End of the Bond form] SECTION 3. USE OF PROCEEDS AND SECURITY. 3.01. Bond Proceeds. Upon payment for the Bonds by the Purchaser, the City Manager shall deposit and apply the proceeds of the Bonds as follows: (a) $ shall be deposited in escrow with U.S. Bank National Association, in St. Paul, Minnesota (the Escrow Agent), the funds so deposited, together with funds of the Issuer in such amount as may be required, to be invested in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 13, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, to pay all interest to become due on the Bonds to and including the Crossover Date and to pay and redeem the outstanding principal of the Refunded Bonds on the Crossover Date (and the amounts in such account are irrevocably appropriated to such purposes); and (b) $ shall be used to pay issuance expenses of the Bonds. The Mayor and City Manager are hereby authorized to enter into an Escrow Agreement with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. 3.02. General Obligation Improvement Refunding Bonds, Series 2014C Bond Fund. So long as any of the Bonds 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 of the Issuer to be known as the General Obligation Improvement Refunding Bonds, Series 2014C Bond Fund (the Bond Fund), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The Issuer irrevocably appropriates to the Bond Fund (a) all receipts of principal and interest on the investments held in the escrow account established pursuant to Section 3.01 to and including the Crossover Date (other than the sum of$3,885,000.00 received from maturing investments on the Crossover Date to be used to retire the Refunded Bonds); (b) commencing on the Crossover Date, special assessments pledged pursuant to the resolution authorizing issuance of the Refunded Bonds; (c) ad valorem taxes collected in accordance with the provisions of Section 3.03 hereof; and (d) such other funds as may be appropriated from time to time by the Issuer to the Bond Fund to pay principal of and interest on the Bonds. The moneys on hand in the Resolution 14-45 May 20, 2014 Bond Fund from time to time shall be used solely to pay the principal of and interest on the Bonds. 3.03. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds 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 which, together with collections of special assessments pledged as described in Section 3.02 above, will produce not less than 5% in excess of the amount 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 Issuer. The taxes are to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached Levy Computation The taxes shall be irrepealable as long as any of the Bonds 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 4. 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 Issuer 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 Issuer 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 Issuer 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 Issuer 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 5. CERTIFICATION OF PROCEEDINGS. Resolution 14-45 May 20, 2014 5.01. 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 have been duly entered upon the County Auditor's bond register and the tax required by law has been levied. 5.02. 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 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 Issuer as to the correctness of all statements contained therein. 5.03. Official Statement. The Official Statement relating to the Bonds, dated April 29, 2014, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency thereof. 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 Bonds as is 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 6. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 6.01. General Tax Covenant. The Issuer covenants and 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 which would cause the interest on the Bonds to become includable in gross income of the recipient under the Code and applicable Treasury Regulations (the Regulations), and covenants to take any and all affirmative actions within its powers to ensure that the interest on the Bonds will not become includable in the gross income of the recipient under the Code and the Regulations. The Issuer has not and will not enter into any lease, management contract, operating agreement, use agreement or other contract relating to the use or operation of the facilities refinanced by the Bonds, or any portion thereof, or security for the payment of the Bonds which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 6.02. Arbitrage Certification. The Mayor and City Manager, being the officers of the Issuer 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 the provisions of Section 148 of the Code and Section 1.148-2(b) of the Regulations stating the facts, estimates and circumstances in existence on the date of issue and Resolution 14-45 May 20, 2014 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. 6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds 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 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. 6.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds 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 hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not excluded from this calculation by Section 265(b)(3)(C)(ii) of the Code which will be issued by the Issuer and all subordinate entities during calendar year 2014 does not exceed $10,000,000. 6.05. Redemption of Refunded Bonds. The City Manager is hereby directed to advise U.S. Bank National Association, as paying agent for the Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on the Crossover Date and to give notice of redemption in accordance with the resolution authorizing the issuance of the Refunded Bonds. 6.06. 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. § 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 Resolution 14-45 May 20, 2014 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 (a) 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 (b) 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 12 months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2013, 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, prepared in accordance with generally accepted accounting principles 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, which information may be unaudited. 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 filed with the SEC or have been submitted to the Municipal Securities Rulemaking Board (MSRB) through its Electronic Municipal Market Access System (EMMA). 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 Resolution 14-45 May 20, 2014 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)(1) 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 not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a Material Fact): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event with respect to the City; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event 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, an event is also "material" if it is 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. Resolution 14-45 May 20, 2014 For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (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 through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) 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 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 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. Resolution 14-45 May 20, 2014 (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)(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 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. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 14-45 May 20, 2014 PROJECTED LEVIES Date Levy (Levy/Collect) 2015/2016 2016/2017 2017/2018 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total city of golden , MEMORANDUM valley Finance Department 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 6. F. Resolution Expressing Intent to Create and Administer a Tax Increment Finance District for Cornerstone Creek Development Prepared By Susan Virnig, Finance Director Summary At the January 14, 2014, Council/Manager meeting direction was for support of using Tax Increment Financing for the Cornerstone Creek Development in the Highway 55 West Redevelopment Project Area. This resolution will allow J-HAP to seek financing by other agencies or benefactors. This resolution is expressing intent to use Tax Increment but will not obligate us in any way. Future action will need to be taken on the Tax Increment Financing plan and Development Agreement along with the appropriate planning items. Attachments • Resolution Expressing Intent to Create and Administer a Tax Increment Finance District for Cornerstone Creek Development (2 pages) Recommended Action Motion to adopt Resolution Expressing Intent to Create and Administer a Tax Increment Finance District for Cornerstone Creek Development. Resolution 14-46 May 20, 2014 Member introduced the following resolution and moved its adoption: EXPRESSING INTENT TO CREATE AND ADMINISTER A TAX INCREMENT FINANCE DISTRICT FOR CORNERSTONE CREEK DEVELOPMENT WHEREAS, the City of Golden Valley (the City) through its Housing and Redevelopment Authority (the HRA) established the Highway 55 West Redevelopment Project Area in order to implement the vision for the revitalization of this neighborhood; and WHEREAS, a need has been identified for additional affordable housing in the city; and an opportunity has arisen within the Highway 55 West Redevelopment Project Area; and WHEREAS, Jewish Housing and Programming (J-HAP) is a non-profit organization dedicated to creating independent, affordable, service-enriched housing for adults with developmental disabilities, ages 22-54, to live in a safe, permanent, welcoming community; and WHEREAS, research conducted in the Minneapolis area and national research based data collection indicates that: • 8% of any given population are individuals, 18+ years old, with a cognitive-based disability • 72% live with a parent or relative, compared to only 20% of their non-disabled peers • In the Twin Cities, it is estimated that of the 2.8 million residents, approximately 130,000 are young adults, ages 18-54 with cognitive-based disabilities; and WHEREAS, J-HAP is currently proposing to develop the "Cornerstone Creek" affordable housing project consisting of 45 units of housing to serve adults with developmental disabilities at 9300 and 9310 Golden Valley Road within the Highway 55 West Redevelopment Project Area in the City (Cornerstone Creek); and WHEREAS, Cornerstone Creek will provide a welcoming place where adults with developmental disabilities can thrive through enriching, inclusive opportunities; and WHEREAS, the Cornerstone Creek housing model will focus on creating independent, support enriched living with an emphasis on individualized person centered planning revolving around personal goals in social educational vocation and recreations supports; and WHEREAS, Cornerstone Creek will be a nationally replicable model that will incorporate a number of sustainable design strategies, including measures aimed at energy and water conservation; occupant health; and material durability; and WHEREAS, Cornerstone Creek will provide residents with a seamless connection to secular and Jewish community life and is slated to open in 2016; and Resolution 14-46 — Continued May 20, 2014 WHEREAS, it is anticipated that successful development of Cornerstone Creek will require assistance in the form of the Tax Increment Financing in order to achieve financial feasibility; and WHEREAS, J-HAP will be submitting an Low Income Housing Tax Credit application to the Minnesota Housing Finance Agency in June of 2014 for the Cornerstone Creek project; and WHEREAS, an important component of the MHFA's scoring preference criteria is a resolution of financial support for the applicant's project by the City Council; NOW THEREFORE, BE IT RESOVED, that subject to approval of the Golden Valley City Council and the HRA and evidence that tax increment assistance for Cornerstone Creek meets the requirements of Minnesota Statutes, Sections 469.174 through 1794 (the TIF Act), the HRA intends to create and administer a Tax Increment Finance district limited in terms sufficient to meet financial requirements of Cornerstone Creek in compliance with the TIF Act. STATEMENT OF PURPOSE: This resolution expresses intent to create a Tax Increment Finance district as needed subject to City Council and HRA approval and verification of compliance with all provisions of the TIF Act for the Cornerstone Creek development project proposed by J- HAP to create 45 units of affordable housing consistent with City plans for neighborhood revitalization. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by 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. city o q golden ,' MEMORANDUM Valley Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 20, 2014 Agenda Item 6. G. Bottineau Transitway Draft Environmental Impact Statement Prepared By Jason Zimmerman, City Planner Summary The Bottineau Transitway Project has released its Draft Environmental Impact Statement (EIS) for review. The Draft EIS documents the purpose and need for the project, alternatives considered, and addresses the anticipated transportation, social, and environmental impacts, and defines appropriate mitigation measures. Public hearings have been held by Hennepin County to provide a forum for agency and citizen participation and comment. The City of Golden Valley intends to submit a letter summarizing its own concerns and requests about the Bottineau Transitway. Comments received by Hennepin County through May 29, 2014, will be responded to by the FTA and the Metropolitan Council as part of the Final EIS. An open house and public hearing were held by Hennepin County at Golden Valley City Hall on Wednesday, May 7. 69 residents from along the corridor attended to ask questions and submit written comments. Approximately 10-12 members of the public representing the participating communities gave verbal testimony. A Joint Commission Hearing of the Planning, Open Space and Recreation, and Environmental Commissions was scheduled to take place on Thursday, May 15, to receive any additional comments from Golden Valley residents about the Bottineau Transitway project and to review and revise the Draft EIS Comment Letter in preparation for submission to the City Council. The content of this meeting and any recommended changes to the letter will be discussed at the City Council meeting on Tuesday, May 20. Attachments • Draft of the City of Golden Valley Comments on the Bottineau Transitway Draft EIS (6 pages) • Memo from the Public Works Department dated May 4, 2014 (2 pages) • Resolution of Support of the Bottineau Transitway dated December 18, 2012 (3 pages) • Letter to the Hennepin County Regional Railroad Authority dated February 21, 2012 (6 pages) Recommended Action Motion to approve the City of Golden Valley Comments on the Bottineau Transitway Draft EIS. May 20, 2014 The Honorable Peter McLaughlin Chair, Hennepin County Regional Railroad Authority A-2400 Government Center 300 South 6th Street Minneapolis, MN 55487 Mr. Chair; EfnsG�-ti Thank you for allowing the City of Golden Valley the op rt � unityto review and provide comments to the Bottineau Transitway Draft Environmental Impact Statement (DEIS) Document. The City appreciates the opportunity to be a partner in the study process.The City supports alternate transportation modes and appreciates Hennepin County's commitment to building a robust transit corridor in the northwest metro area. While the Bottineau Transitway would be an important component in providing mass transportation to the region, the City continues to have concerns surrounding the impacts of the line that is proposed to cross through northeast Golden Valley alongthe Burlington Northern Santa Fe (BNSF) railroad corridor. I�I The City has received feedback from several[of its commissions, as well as residents. Most of the comments pertainto concernsiover the potential impacts that the Bottineau Transitway would have to natural areas in the city, as well as potential impacts to surrounding properties. The City also has concerns relating to the infrastructure within the vicinity of the proposed stations serving the line—primarily the roadway system and the need for improved multi-modal facilities to serve the stations. Based upon_review of the DEI$,the City requests that greater effort and attention be given to the following,fivie areas during!t e upcoming Project Development phase: 1. Parking options and passenger drop-off access at the proposed Golden Valley Road station. Consideration should be given to the construction of a park and ride facility at or near the Golden.Valley Road station location. 2. Projected traffic impacts (during and after construction) and impacts to infrastructure on Golden Valley Road, Wirth Parkway, and surrounding local streets near each station location, and how those impactsmight be addressed. Consideration should be given to a design of Golden Valley Road that incorporates multiple modes of transportation, including transit, bicycles, pedestrians, and the proposed Bassett Creek Regional Trail. 3. The mitigation of visual impacts as experienced fromparks and residential areas, including the impacts from lights and lighting along the Bottineau Transitway and around potential station locations. 4. The mitigation of noise impacts for properties where noise barriers were not specifically identified in the Draft EIS. 5. The location of mitigation efforts for flood plain impacts along the corridor, especially in areas that may impact parks and nature areas. In its previous communications with the County regarding the Bottineau line,the City has raised a number of concerns. While some issues have been addressed in the work completed as part of the DEIS, the City requests that continued attention be paid to the following: Natural Resources The proposed alignment for the Bottineau Transitway(known as the Locally Preferred Alternative, or LPA) is to be located within and adjacent to Theodore Wirth Regional Park, as well as the Mary Hills Nature Area and Glenview Terrace Park. These areas are invaluable and unique natural and recreational amenities to thecity as well as the northwestern Twin Cities region.The Comprehensive Plan for th'e City establishes clear goals that provide protection of these natural areas.Title City requests hat it be involved in all decisions that iact the parks. !� e i Any impacts to the floodway or floodplain must be mitigated in accordance with the laws and policies of the regulating,agencies. The City recognizes that mitigation within the existing railroad corridor will be challenging, and it encourages the County to work closely with the City of Golden Valley,the Bassett Creek Watershed Management Commission (BCWMC), and other member cities to identify potential flood storage areas outside of the railroad rights-of-way. , Wet impacts will need to be mitigated`in accordance with the laws and policies of th#regulatinga ; ncies.The.City of Golden;Valley is the local government unit responsible for administration of the Wetland Conservation Act. The County is encouraged to work with its local,partners to identify potential mitigation solutions outside the railroad right-of-way, if needed. The Transitway project will need permits or approvals from all agencies regulating stormwater, including but not limited to the City, BCWMC, and Minnesota Pollution Control Agency. At a'minimum, best management practices addressing erosion and sediment control will need to be implemented during construction. It is possible that rate control and stormwater treatment that reduces pollutants and runoff will be required, especially with the development of a transit station, park and ride facility, or other impervious surfaces. The natural areas located within the LPA Alignment are home to vast array of wildlife. Care should be taken to avoid impacts to the habitat and travel ways of all wildlife, including endangered, threatened, or special concern species. The City Council requests more specific information about the location of fencing along the LPA Alignment, as well as what type of fencing would be used. Movement of wildlife through the natural areas may be impeded by certain types of fencing. If fencing along the route is a requirement, the City Council would like to know if there are ways in which to waiver from the requirement. As the proposed project has the potential to impact areas within large parks and natural areas, and areas adjacent to Bassett Creek, the corridor has been studied for the presence of historic and cultural resources. Both the bridge over Basset Creek in Theodore Wirth Park (Bridge No. L9327) and the Grand Rounds Historic District have been identified as architectural resources that are eligible for listing in the National Register of Historic Places. The City requests that it be involved in all decisions that impact these two resources. Station Location ,E4 Int 'a �Y. The DEIS has identified two potential station locations in the City of Golden Valley along the LPA and suggests that only one will be chosen for construction. Both of the station locations—at Golden Valley Road near Wirth Parkway and on Plymouth Avenue near Wirth Parkway—would potentially require the acquisition of property owned by the Minneapolis Park and Recreation Board. Prior DEIS informs ion,indicates that the Golden Valley Roars station would serve mostly Golden Valley rgesidenPlymouth A rlenue station would serve mostly Minneapolis residents, businesses, and Wirth Park facilities. Golden Valley businesses in the:immediatevarea include regional destinations (Courage Kenney Rehabilitation Institute, Minneapolis Clinic of Neurology, Regency Hospital of Minneapolis, Wirth Park) and local destinations (Church of St. Margaret Mary, Unity Christ Church, The Family Partnership).Additional businesses that would likely use the Golden Valley Road station via additional transit connections include Honeywell and General Mills, among others. While a station located at Plymouth Avenue would likely have less effect on Golden Valley neighborhoods aridicommunity resources, the Golden Valley Road station would provide more direct access for Golden Valley residents and businesses. In addition, the Golden Valley Road3location is on an existing bus line with potential feeder bus connections and has planned regional trail connections. As Metro Transit buses would not be allowed to use Theodore Wirth Parkway, a Plymouth Avenue station location would limit potential Golden Valley ridership. The City would like more detailed information about how buses would be incorporated into the station areas, including the amount and frequency of feeder buses serving the stations, and information about how bus drop-off and pick-up would function at the stations. As proposed, parking options at either station location are limited or non-existent. The location of both proposed stations within natural areas seems to preclude many possible parking options. The City would like more detailed information about how parking would be studied to function at the station locations, as well as potential costs that are associated with parkland acquisition for parking. The City would like to know how many parking spaces would be necessary at each location and whether or not parking ramps are being considered for the sites. If there were to be insufficient onsite parking at station locations, and transit riders park on the surrounding streets, an access and traffic management plan should be considered as part of the project. As the City understands it, there are no plans for alpark'and ride facility at either station location. Land use and zoning controls that are ciurenl'( in place at the proposed station location sites do not allow parking that isnot associated with park uses. To allow for parking to be constructed, changes to land use and zoning,controls would need to be made by the City Council. The City requests that funding be Made available to allow for planning studies, which include consideration for parking options.Surrounding landowners have expressed concerns about their existing parking conditions so the integration of public and private parking improvements could be an opportunity for further study. The trip generation from the proposed station or a future park and ride facility may result in the needa,to modify, enhance, or expard;the nearbyntransportation system, which includes reds, trails and sidewalk facilities-,specifically, Golden Valley Road as well as its intersection with Theodore Wirth Parkway.=Ibis expected that the Bottineau Transitway Project would partner with tile appropriate road authority to address and mitigate any traffic concerns. Sidewalks currently serve both station locations. The existing sidewalk and trail system will require upgrades and/or expansion to meet accessibility design requirements and the needs of the community. Itis expected that this would be accomplished as part of the site access evaluation and implementation. The City of Golden Valley owns and maintains oncrete sidewalks on both sides of Golden Valley Road at the intersection with the proposed Transi away, though gaps in the sidewalk system exist on the north side of Golden Valley Road to the west. In addition, Three Rivers Park District has identified the Golden Valley Road corridor for the proposed Bassett Creek Regional Trail which would connect French Regional Park and the Medicine Lake Regional Trail to Wirth Regional Park and the trails along the Grand Rounds National Scenic Byway. This network of trails and sidewalks would also require year-round maintenance—especially for accessibility purposes—for LRT to succeed in this multi-modal transportation area. The City owns and maintains an asphalt trail near the BNSF Railway in the Mary Hills Nature Area. This trail provides an important north-south connection from Golden Valley Road north into Robbinsdale via Sochacki Park. It is anticipated that a new Transitway may impact this trail and the City requests that it be actively involved with any reconstruction or realignment of this trail. In addition, the City urges that the potential construction of a station at the Golden Valley Road location be done in a way that provides a trail connection between existing trails in Theodore Wirth Park and the Mary Hills Nature Area. The costs to reconstruct Golden Valley Road and the existing multi-modal facilities discussed above, in addition to any facilities deemed necessary to fully meet the anticipated needs, must be considered in evaluation of the potential station location. Property Impacts The potential noise and vibration impacts from the Bottineau Transitway are a significant concern. While current and possible future freight rail traffic also create noise, it is different from consistent noise associated with a regional transit system. These effects should be studied in greater detail. The City would;also like to have more information about the presence of potential sound walls and other barriers that may cause visual obstructions to surroundingproperties With high frequency transit service,the potential Transitway and transit station will have a visual impact on surrounding properties. Most notably will be the addition of lights and lighting that does not exist with the current freight rail. The effects of lighting should be studied and the screening of adjacent neighborhoods and park areas should be considered as part of this project. Community Resources. ., The proposed Transitway and transit stations would likely require an increase in community resources such as police,fire, public works maintenance, and traffic management. Since the proposed transit system is managed by the Metropolitan Council, it is anticipated that Metro Transit Police will be the primary law enforcement agency at the station. The City of Golden Valley,owns watermain, sanitary sewer, and storm sewer facilities in the area of the proposed route. Some of these facilities cross under the existing BNSF Railway. Record drawings and other information are available in the City's engineering office to assist in the planning and design of the project. The City requests that it be consulted on all design and construction considerations and field decisions involving City-owned utilities. The City of Minneapolis owns a 48-inch watermain which passes under the BNSF Railway north of Golden Valley Road and Metropolitan Council Environmental Services owns a large sanitary sewer interceptor which parallels the BNSF railway in Wirth Park. The City requests that it be consulted along with the custodial agency on all design and construction considerations and field decisions involving these utilities. It has been estimated that as many as fifteen Xcel Energy transmission line towers may need to be relocated as a result of the proposed Transitway. The City's Right-of-Way Management Ordinance currently requires that any proposed reconstruction, relocation, or replacement of overhead utility lines over 300 feet be buried underground. This code requirement may apply to this situation. Many areas of Golden Valley have substandard soils which are unsuitable for construction without proper correction or engineering. A good portion of the Transitway corridor through Golden Valley is located within floodplain, lowland, or wetland areas. In addition,there are areas in Golden Valley that were found to be filled with construction debris in the past. The presence of contaminated material is likely. The City requests that a careful and detailed analysis of the soils beiincluded as part of the project. 111. The City of Golden Valley respectfully requests that,these concerns be addressed in a sufficient manner, and that they become part of public record associated with the Bottineau Transitway Draft Environmental Impact Statement.As previously stated,the City recognizes the regional significance of transit in the northwest metro area, but remains concerned over the impacts the Bottineau Transitway project would have,on Golden Valley.Thank you for continuing to work with the City to address these concerns as the Final Env�i�r1onmental:Impact Statement is prepared. Respectfully, Shepard Harris, Mayor Joanie Clausen, Council Member,, Steve Schmidgall, Council Member Larry Fonnest, Council Member Andy Snope, Council Member Memorandum 0 P Iley Public Works 763.593.8030/763.593.3988(fax) Date: May 4, 2014 To: Mark Grimes, Director of Community Development Through: Jeannine Clancy, Director of Public Works From: Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Subject: Bottineau Transitway Draft Environmental Impact Statement (EIS) - Staff Comments C: Tom Burt, City Manager The proposed Bottineau Transitway project is a 13-mile corridor of transportation improvements that extends from downtown Minneapolis to the northwest suburbs. The locally preferred alternative for this transitway would travel within the existing BNSF Railway corridor in the northeast portion of the City of Golden Valley and would include a transit station at either Golden Valley Road or Plymouth Avenue. The Draft EIS was released for public comment in April 2014. Staff has reviewed the Draft EIS to determine if comments provided by the City during the 2012 scoping process have been sufficiently addressed or if they deserve further study and evaluation as part of the Preliminary Engineering Phase of the project. The City's December 18, 2012 resolution of support for the locally preferred alternative is attached to this memorandum for reference. The City's letter to the Hennepin County Board of Commissioners, dated February 21, 2012, is also attached. In general, the items discussed in these two documents continue to be the most critical areas of concern for the City. The Hennepin County Regional Railroad Authority and Metropolitan Council should work with the City in continuing to study and evaluate these items during the Preliminary Engineering Phase of the project. Based upon its review of the Draft EIS, staff recommends that greater effort and attention be given to the following areas during the Preliminary Engineering Phase of the project: G:\Hennepin County\Bottineau Transitway\DEIS_Comments_050514.docx 1. Parking options and passenger drop-off access at the proposed Golden Valley Road station. Consideration should be given to the construction of a park and ride facility at or near the Golden Valley Road station location. 2. Projected traffic impacts (during and after construction) and impacts to infrastructure on Golden Valley Road, Wirth Parkway, and surrounding local streets near each station location, and how those impacts might be addressed. Consideration should be given to a design of Golden Valley Road that incorporates multiple modes of transportation, including transit, bicycles, pedestrians, and the proposed Bassett Creek Regional Trail. 3. The mitigation of visual impacts as experienced from parks and residential areas, including the impacts from lights and lighting along the transitway and around potential station locations. 4. The mitigation of noise impacts for properties where noise barriers were not specifically identified in the Draft EIS. 5. The location of mitigation efforts for flood plain impacts along the corridor, especially in areas that may impact parks and nature areas. G:\Hennepin County\Bottineau Transitway\DEIS_Comments 050514.docx 2 Resolution 12-103 December 18, 2012 Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION OF SUPPORT OF THE BOTTINEAU TRANSITWAY WHEREAS, the Bottineau Transitway is a proposed project to provide transit service which will satisfy long-term regional mobility and accessibility needs for businesses and the traveling public in the heavily traveled northwest area of the Twin Cities, and; WHEREAS, the Bottineau Transitway is located in Hennepin County, Minnesota, extending approximately 13 miles from downtown Minneapolis to the northwest serving north Minneapolis and the suburbs of Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Park, Maple Grove, and Osseo, and; WHEREAS, the Hennepin County Regional Railroad Authority (HCRRA) in partnership with the Metropolitan Council and other project stakeholders recently completed the Bottineau Transitway Alternatives Analysis Study that in addition to the No Build and Transportation System Management (TSM) alternatives; recommended four Light Rail Transit (LRT)Alternatives and one Bus Rapid Transit (BRT)Alternative be advanced for further study in the federal and state environmental review processes, and; WHEREAS, the Federal Transit Administration (FTA), the Hennepin County Regional Railroad Authority (HCRRA) and the Metropolitan Council have initiated both federal and state environmental review for the Bottineau Transitway project, and; WHEREAS, federal funding will be pursued for this project from the FTA, which has consequently been designated as the lead federal agency for this project, and; WHEREAS, the Bottineau Transitway recently completed the Scoping Phase of environmental process, and; WHEREAS, through the Scoping process, further study is recommended of the No Build and TSM alternatives along with further study of four LRT alternatives (A-C-D1, A-C- D2, B-C-D1, B-C-D2) in the Draft Environmental Impact Statement (Draft EIS), and; WHEREAS, the Locally Preferred Alternative (LPA) will be one of the build alternatives identified and studied in the Draft EIS, and; WHEREAS, the Bottineau Transitway selection process does not replace or override the requirement to fully examine alternatives and determine the adverse impacts that must be avoided or mitigated under the federal and state environmental review process, and; WHEREAS, the four LRT alternatives to be studied in the Draft EIS were further considered with respect to defined project goals, objectives and evaluating criteria set forth in the Alternative Analysis study and further refined during the Scoping Phase of the federal and state environmental analyses, and; Resolution 12-103 - Continued December 18, 2012 WHEREAS, the Advise Review Coordinate and Communicate Committee (ARCC), in a technical advisory role to the Policy Advisory Committee (PAC), provided the following input: • Affirm the ARCC's April 2012 input to the PAC during the scoping decision process advising that study of the BRT alternative should stop, BRT should not be considered for the Locally Preferred Alternative (LPA), and advising the PAC to select LRT as the locally preferred mode for the Bottineau Transitway. WHEREAS, the Bottineau Transitway PAC took into consideration the technical information on each of the alternatives developed to date, along with the ARCC, Community Advisory Committee (CAC) and public input provided as part of the public hearing and comment process and passed a resolution on May 30,2012; designating the LRT Alternative B-C-D1 as the LPA, and; NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley supports further study of the LPA recommendation of the PAC for the Bottineau Transitway project as part of the Preliminary Engineering phase. NOW, THEREFORE, BE IT FURTHER RESOLVED that this document does not signify municipal consent on behalf of the City of Golden Valley. The City reserves the right to approve or deny municipal consent of the Bottineau Transitway LRT B-C-D1 following the completion of the Draft Environmental Impact Statement (DEIS) and during the Preliminary Engineering Phase and the Final Environmental Impact Statement Process. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Golden Valley commits to working with the Hennepin County Regional Railroad Authority and the Metropolitan Council to address the following for the Bottineau Transitway during the Preliminary Engineering Phase: 1. Address long-term construction and maintenance needs at the intersection of Golden Valley Road and the Burlington Northern Santa Fe (BNSF) Railroad Corridor. 2. Further assess more detailed data related to noise, light and vibration along the corridor. 3. Further assess the need for and location and design of possible noise and retaining walls within the corridor. Consider ways to incorporate natural buffers such as trees and other vegetative cover as well as natural boulder retaining walls. 4. Identify and pursue opportunities for a Hennepin County Community Works project related to the possible reconstruction of Hennepin County State Aid Highway (CSAH) 66. The project could work in conjunction with the proposed Bassett Creek Regional Trail, which is identified to be partially located within the CSAH 66 corridor. 5. Identify potential improvements to the intersection of CSAH 66 and Theodore Wirth Parkway. Resolution 12-103 - Continued December 18, 2012 6. Further assess the negative impacts to properties along the corridor and look for ways for the County and the Metropolitan Council to address those impacts. 7. Pursue funding opportunities for improvements to homes, or, possible acquisition of homes adjacent to the corridor for the purpose of mitigating negative impacts. 8. Identify future planning initiatives and community outreach initiatives in Golden Valley. 9. Further evaluate parking options and passenger drop-off access at the proposed Golden Valley Road station location. 10.Seek ways to ensure that traffic impacts and width impacts to Golden Valley Road are minimal. 11.Identify projections for ridership, based both on commuter traffic and foot traffic, at both potential Golden Valley station locations. 12.Work collaboratively with the Minneapolis Park Board to ensure that the negative impacts to Theodore Wirth Regional Park, and surrounding parklands, are minimal and that natural areas are maintained in their current condition to the largest extent possible. BE IT FURTHER RESOLVED that this resolution adopted by the City of Golden Valley be forwarded to HCRRA and the Metropolitan Council for their consideration. • ShepakiM. Harris, M yor ATTEST: Môctii 1 . Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member Clausen 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: Pentel and Scanlon, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. February 21, 2012 The Honorable Peter McLaughlin Chair, Hennepin County Regional Railroad Authority A-2400 Government Center 300 S. 6t St. Minneapolis, MN 55487 Mr. Chair; Thank you for allowing the City of Golden Valley the opportunity to review and provide comments to the Bottineau Transitway Draft Environmental impact Statement (DEIS) Scoping Document. The City appreciates the opportunity to be a partner in the study process. The City supports alternate transportation modes and appreciates Hennepin County's commitment to analyzing transit corridors in the northwest metro area. While the Bottineau Transitway would be an important tool in providing mass transportation to the region, the City has significant concerns surrounding the D-1 Alignment, which is shown to cross through northeast Golden Valley along the Burlington Northern Santa Fe (BNSF) railroad corridor. The City has received feedback from several of its commissions, as well as residents of the community. in general, most of the comments pertain to concerns over the potential impacts that the D-1 Alignment would have to natural areas in the city, as well as potential impacts to surrounding properties. Further, it appears that the proposed D-2 Alignment, which would travel through North Minneapolis, would serve a larger population and provide a greater opportunity for economic development. If the County chooses to continue study of the D-1 Alignment, the City of Golden Valley requests that the following comments and concerns be addressed: Natural Resources The D-1 Alignment is proposed to be located within and adjacent to Theodore Wirth Regional Park as well as the Mary Hills Nature Area and Glenview Terrace Park. These areas are invaluable and unique natural and recreational amenities to the City as well as the northwestern Twin Cities region. The Comprehensive Plan for the City establishes clear goals that provide protection of these natural areas. The City requests that it be involved in all decisions that impact the parks. The City is interested in the comparison between the carbon footprint associated with building a transit facility in a natural area versus the carbon footprint that would be associated increased transit usage as a result of the Bottineau Transitway. Any impacts to the floodway or floodplain must be mitigated in accordance with the laws and policies of the regulating agencies. The City recognizes that mitigation within the existing railroad corridor will be challenging, and it encourages the County to work closely with the Bassett Creek Watershed Management Commission (BCWMC) and its member cities to identify potential flood storage areas outside of the railroad rights-of-way. Wetland impacts will need to be mitigated in accordance with the laws and policies of the regulating agencies. The City of Golden Valley is the local government unit responsible for administration of the Wetland Conservation Act. The County is encouraged to work with its local partners to identify potential mitigation solutions outside the railroad right-of-way, if needed. The Transitway project will need permits or approvals from all agencies regulating stormwater, including but not limited to the City, BCWMC, and Minnesota Pollution Control Agency. At a minimum, best management practices addressing erosion and sediment control will need to be implemented during construction. It is possible that rate control and stormwater treatment that reduces pollutants and runoff will be required, especially with the development of a transit station, park and ride facility, Bus Rapid Transit (BRT), or other impervious surface. The natural areas located within the D-1 Alignment are home to vast array of wildlife. Care should be taken to avoid impacts to the habitat and travel ways of all wildlife, including endangered, threatened, or special concern species. The City Council requests more specific information about the location of fencing along the D-1 Alignment, as well as what type of fencing would be used. Movement of wildlife through the natural areas may be impeded by certain types of fencing. If fencing along the route is a requirement, the City Council would like to know if there are ways in which to waiver from the requirement. As the proposed project has the potential to impact areas within large parks and natural areas, and areas adjacent to Bassett Creek, the corridor would need to be studied for the presence of historic and cultural resources. The historical significance of the Theodore Wirth Park Chalet should also be considered in this study. The City requests to be contacted if archaeological discovery is made. Station Location If the D-1 Alignment, consisting of either Light Rail Transit (LRT) or BRT through Golden Valley is selected to be evaluated in the DEIS, one station location must be chosen. The potential station locations for the D1 are Golden Valley Road near Wirth Parkway and Plymouth Avenue near Wirth Parkway. Both are located in the City of Golden Valley and would require the acquisition of property owned by the Minneapolis Park and Recreation Board. Prior DEIS information indicates that the Golden Valley Road station would serve mostly Golden Valley residents and businesses and the Plymouth Avenue station would serve mostly Minneapolis residents, businesses, and Wirth Park facilities. Businesses served in Golden Valley include regional destinations (Courage Center, Minneapolis Clinic of Neurology, Regency Hospital of Minneapolis, Wirth Park) and local destinations (Church of St. Margaret Mary, Unity Christ Church, The Family Partnership). While a station located at Plymouth Avenue would likely have less effect on Golden Valley neighborhoods and community resources, the Golden Valley Road station would provide more direct access for Golden Valley residents and businesses. In addition, the Golden Valley Road location is on an existing bus line with potential feeder bus connections, and has planned regional trail connections. The City would like more detailed information about how buses would be incorporated into the station areas, including the amount and frequency of feeder buses serving the stations, and information about how bus drop-off and pick-up would function at the stations. As proposed in prior DEIS plans, parking options at either station location are limited or non-existent. The location of both proposed stations within natural areas seems to preclude possible parking options. The City would like more detailed information about how parking would be studied to function at the station locations, as well as potential costs that are associated with parkland acquisition for parking. The City would like to know how many parking spaces would be necessary at each location and whether or not parking ramps are being considered for the sites. If there were to be insufficient onsite parking at station locations, and transit riders park on the surrounding streets, an access and traffic management plan should be considered as part of the project. As the City understands it, there are no plans for a park and ride facility at either station location. Current land use and zoning controls that are currently in place at the proposed station location sites do not allow parking that is not associated with park uses. To allow for parking to be constructed, changes to land use and zoning controls would need to be made by the City Council. The City requests that funding be made available to allow for planning studies, which include consideration for parking options, if the County moves forward with study of the D-1 Alignment. Surrounding landowners have expressed concerns about their existing parking conditions so the integration of public and private parking improvements could be an opportunity for further study. The trip generation from the proposed station or a future park and ride facility may result in the need to modify, enhance, or expand the nearby transportation system,which includes roads, trails and sidewalk facilities. It is expected that the County would partner with the appropriate road authority to address and mitigate any traffic concerns. Sidewalks currently serve both station locations. The existing sidewalk system will require upgrades and/or expansion to meet accessibility design requirements and the needs of the community. It is expected that this would be accomplished as part of the site access evaluation and implementation. The City of Golden Valley owns and maintains concrete sidewalks on both sides of Golden Valley Road (CSAH 66) at the intersection of the proposed Transitway. In addition, Three Rivers Park District has identified the Golden Valley Road corridor for the proposed Bassett Creek Regional Trail which would connect French Regional Park and the Medicine Lake Regional Trail to Wirth Regional Park and the trails along the Grand Rounds National Scenic Byway. This network of trails and sidewalks would also require year-round maintenance—especially for accessibility purposes -for LRT or BRT to succeed in this multi-modal transportation area. The City owns and maintains an asphalt trail near the BNSF Railway in the Mary Hills Nature Area. This trail provides an important north-south connection from Golden Valley Road north into Robbinsdale via Sochacki Park. It is anticipated that a new Transitway may impact this trail and the City requests that it be actively involved with any reconstruction or realignment of this trail. The costs to reconstruct Golden Valley Road and the existing multi-modal facilities discussed above, in addition to any facilities deemed necessary to fully meet the anticipated needs, must be considered in evaluation of the potential station location. Property Impacts It is unclear how the Bottineau Transitway would impact surrounding properties. There is information that addresses property value impacts for properties located adjacent to transit station locations. However, there is no comparable data that demonstrates impacts to properties along the Transitway with no convenient access to a station. Data should be provided that shows how the Transitway would impact single family residential properties along the corridor. The potential noise and vibration impacts from the Transitway and the freight track are a significant concern. While current and possible future freight rail traffic also create noise, it is different from constant and consistent noise associated with a regional transit system. BRT and LRT may yield different noise and vibration levels in surrounding neighborhoods. These effects should be studied in greater detail. The City would also like to have more information about the presence of potential sound walls and other barriers that may cause visual obstructions to surrounding properties. With high frequency transit service, the potential Transitway and transit station will have a visual impact on surrounding properties. Most notably will be the addition of lights and lighting that does not exist with the current freight rail. The effects of lighting should be studied and the screening of adjacent neighborhoods and park areas should be considered as part of this project. Community Resources The proposed Transitway and transit stations would likely require an increase in community resources such as police, fire, public works maintenance, and traffic management. Since the proposed transit system is managed by the Metropolitan Council, it is anticipated that Metro Transit Police will be the primary law enforcement agency at the station. The City of Golden Valley owns watermain, sanitary sewer, and storm sewer facilities in the area of the proposed route. Some of these facilities cross under the existing BNSF Railway. Record drawings and other information are available in the City's engineering office to assist in the planning and design of the project. The City requests that it be consulted on all design and construction considerations and field decisions involving City-owned utilities. The City of Minneapolis owns a 48-inch watermain which passes under the BNSF Railway north of Golden Valley Road and Metropolitan Council Environmental Services owns a large sanitary sewer interceptor which parallels the BNSF railway in Wirth Park. The City requests that it be consulted along with the custodial agency on all design and construction considerations and field decisions involving these utilities. The County's project consultant estimated that as many as fifteen Xcel Energy transmission line towers may need to be relocated as a result of the proposed Transitway. The City's Right-of-Way Management Ordinance currently requires that any proposed reconstruction, relocation, or replacement of overhead utility lines over 300 feet be buried underground. This code requirement may apply to this situation. Many areas of Golden Valley have substandard soils which are unsuitable for construction without proper correction or engineering. A good portion of the Transitway corridor through Golden Valley is located within floodplain, lowland, or wetland areas. In addition, there are areas in Golden Valley that were found to be filled with construction debris or hazardous materials in the past. The City requests that a careful and detailed analysis of the soils be included as part of the project. The City of Golden Valley respectfully requests that these concerns be addressed in a sufficient manner, and that they become part of public record associated with the Bottineau Transitway Draft Environmental Impact Statement. As stated before, the City recognizes the regional significance of transit in the northwest metro area, but remains concerned over the significant impacts that the D-1 Alignment would have on Golden Valley. Thank you for working with the City to address these concerns. Respectfully, Shepard Harris, ayor Raikava4 Mike Freiberg, Council Member Paula Pentel, Council Member • DeDe Scanlon, Council Member Joanie Clausen, Council Member