09-06-16 CC Agenda Packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
September 6, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes
1. Council/Manager - June 14, 2016 3-4
2. Executive Session - August 8, 2016 5
3. City Council - August 16, 2016 6-11
B.Approval of Check Register
1. City 12
2. Housing and Redevelopment Authority 13
C.Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement - North Star
Chapter Rocky Mountain Elk Foundation
14-16
D.Minutes of Boards and Commissions:
1. Planning Commission - July 25, 2016 17-25
2. Board of Zoning Appeals - July 26, 2016 26-34
3. Open Space and Recreation Commission - April 25, 2016 35-37
E.Bids and Quotes:
1. Authorize a Professional Engineering Service Agreement for the Decola Pond F
Dredging Project No 16-19
38-43
F.Call for Public Hearing for Certification of Special Assessments 44
G.Authorizing Issuance and Sale of General Obligation Storm Sewer Revenue Bonds,
2016D 16-49
45-46
H.Approve Requests for Beer and/or Wine at Brookview Park 47-48
I.Board/Commission Appointments 49
4.PUBLIC HEARINGS
A.Public Hearing - First Consideration - Ordinance #612 - Providing for a Local Lodging
Tax
50-58
5.OLD BUSINESS
6.NEW BUSINESS
A.Financing for the New Brookview Community Center 16-50 59-118
B.Authorization to Sign the Amended Agreement with Breck School for Community
Service Officer
119-122
C.Second Consideration - Ordinance #611 - Amending City Code Section 9.07,
Modifying Winter Parking Regulations
123-125
D.Approval of Plat - Central Park West PUD No. 121 Second Addition and Authorization
to Sign PUD Permit - Central Park West PUD No. 121, Amendment #2 16-51
126-132
E.Authorize Submittal of Application for Hennepin Youth Sports Program Grants for
Isaacson Park Ball fields 16-52
133-135
F.First Consideration - Ordinance #613 - Amendment to the 2016 Master Fee Schedule
for Increase in Emergency Water Rates starting November 1, 2016
136-137
G.Authorization to Sign Amended PUD Permit - Tennant Company PUD No. 114,
Amendment #1 - 701 Lilac Drive North - Tennant Company, Applicant
138
H.Approval of Elected Official Out-of-State Travel 139-143
I.Announcements of Meetings
1. Future Draft Agendas: Council/Manager September 13, 2016, City Council
September 20, and October 5, 2016
144-146
J.Mayor and Council Communications
7.ADJOURNMENT
Council/Manager Meeting Minutes
June 14, 2016
Present: Mayor Harris and Council Members, Clausen, Fonnest, Schmidgall and Snope,
City Manager Tim Cruikshank, Finance Director Sue Virnig, Police Chief Jason Sturgis,
Communications Coordinator Cheryl Weiler, Physical Development Director Marc
Nevinski, Public Works Maintenance Manager Bert Tracy and Administrative Assistant
Judy Nally.
Review of On-Street Parking Restrictions
Marc Nevinski, Jason Sturgis and Bert Tracy reviewed the summary of seasons of snow
and ice control procedures, citations and warnings, exemptions. Also reviewed the
benefits and challenges of the overnight parking restrictions.
After Council discussion the consensus was to modify the parking restrictions to restrict
parking from 2 to 6 am from November 1 to March 31.
Staff will prepare an amended ordinance for consideration at a future City Council
meeting. Staff will also put information on the website and newsletter regarding the
proposed amendment. The public will be allowed to speak at the City Council meeting
pertaining to the amendment.
Fiscal Disparities
Patricia Nauman, Executive Director of Metro Cities, presented an overview of the fiscal
disparities program.
The Council discussed meeting with other cities to discuss the fiscal disparities program
with the possibility of making changes to the program. The Council also discussed
meeting with area Legislators to discuss possible support for making amendments to the
program.
Staff was requested to contact members of the Legislature and invite them to attend a
future Council/Manager meeting to begin the discussion.
2015 Comprehensive Annual Financial Reports
Bill Lauer from the auditing firm Malloy Montague Karnowski Radosevich & Co. was in
attendance to review the 2015 Comprehensive Annual Financial Report, Management
Report and Special Purpose Audit Reports. He stated that they have issued an
unqualified, "clean" opinion on the City's financial statements.
Lauer reviewed highlights from the Management Report and noted that one on-going
finding is the limited segregation of duties in certain areas due to the small size of the
City's office staff.
Council/Manager Meeting Minutes
June 14, 2016 — Page 2
Review of Lilac Project Status
Tim Cruikshank stated that staff met with Dwight Townes and Linda Loomis regarding the
status of the plantings.
The Council discussed possibility using Sentence to Serve and volunteer to maintain the
lilac plantings. The Council will need to decide during the budget process if they would like
to budget funds to plant new plants and maintain current plantings. Some Council
Members would like the plantings maintained but not to add additional plantings.
The consensus of the Council was to discuss the lilac project status and the budget
ramifications during the budget process.
The meeting adjourned at 8:55 pm.
Judy Nally
Administrative Assistant
city,of Vk
go kkn UNOFFICIAL MINUTES
CITY COUNCIL EXECUTIVE SESSION
Valley GOLDEN VALLEY, MINNESOTA
AUGUST
8, 2016
The meeting began at 5:30 pm in the City Hall Manager's Conference Room.
The following members were present: Mayor Harris, Council Members Fonnest, and
Snope.
The following members were absent: Council Members Clausen and Schmidgall.
Also present was: Timothy J. Cruikshank, City Manager.
The Mayor and Council Members discussed with the City Manager his performance review
since September 2015.
The meeting was adjourned at 6:10 pm.
Shepard M. Harris, Mayor
ATTEST:
Timothy J. Cruikshank, City Manager
oty Of IM UNOFFICIAL MINUTES
CITY COUNCIL MEETING
groWn GOLDEN VALLEY, MINNESOTA
ll August 16, 2016
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1 B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope
and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and
City Clerk Luedke.
1C. Proclamation for Hunger Action Month
Mayor Harris read the proclamation for Hunger Action Month.
MOTION made by Council Member Snope, seconded by Council Member Clausen to approve
the proclamation and the motion carried.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Snope, seconded by Council Member Clausen to approve
the agenda of August 16, 2016, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Snope, seconded by Council Member Clausen to approve
the consent agenda of August 16, 2016, as revised: removal of 3H-Authorize Cooperative
Agreement with MnDOT for the Wayzata Boulevard Right-Turn Lane, 31-Authorize Agreement
with Maxfield Research and Consulting for a Comprehensive Housing Market Study and 3J-
Authorize Cooperative Agreement with the Metropolitan Council Environmental Services for
the Liberty Crossing Flood Mitigation and the motion carried.
3A. Approve Minutes of the City Council Meeting of August 3, 2016.
3131. Approve City Check Register and authorize the payment of the bills as submitted.
3132. Approve Housing and Redevelopment Authority Check Register and authorize the
payment of the bills as submitted.
3C1. Approve a temporary liquor license for the Golden Valley Community Foundation for the
Golden Valley Arts & Music Festival contingent upon receipt of liquor liability insurance
certificate for Saturday, September 17, 2016.
3C2. Approve a temporary on-sale liquor license for the Chester Bird American Legion for the
American Legion Car Show on Sunday, August 28, 2016.
3D. Accept for filing the Minutes of Boards and Commissions as follows:
1. Board of Zoning Appeals - June 28, 2016
2. Joint Water Commission - May 4, 2016
3E. Receive and file the July 2016 Financial Reports.
3F. Approve requests for beer and/or wine at Brookview Park as recommended by staff.
3G. Approve and authorize the Mayor and City Manager to execute Amendment No. 2 to
Agreement All 53288SR between the City and Hennepin County, reallocating an
additional $15,000 of CDBG funds to the Pesch Place project and Amendment No. 2 to
Third Party Agreement between the City and Accessible Space, Inc., reallocating an
additional $15,000 of CDBG funds to the Pesch Place project.
Unofficial City Council Minutes -2- August 16, 2016
3. APPROVAL OF CONSENT AGENDA
3H-. Autherize Cooperative AgFeement with MnD()T for the Wayzata BeulevaFd Right TUFR
Lane PrOjeGt Ne. 15 19.
s
e
for the Liberty GrossiRg Fleed MitigatiOR PrejeGt No. 15 16.
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3H. Authorize Cooperative Agreement with MnDOT for Wayzata Boulevard Right-Turn
Lane
City Engineer Oliver answered questions from Council regarding the project agreement which
includes a right-turn lane for Wayzata Boulevard.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
Resolution 16-47, authorizing a Cooperative Construction Agreement with the State of
Minnesota Department of Transportation for the Wayzata Boulevard Right-Turn Lane Project
No. 15-19 upon a vote being taken the following voted in favor of: Harris, Fonnest, Snope,
Schmidgall and Clause, the following voted against: none and the motion carried.
31. Authorize Agreement with Maxfield Research and Consulting, LLC, for a
Comprehensive Housing Market Study
Planning Manager Zimmerman answered questions from Council regarding what will be
included in the Comprehensive Housing Market Study and how the information will be used
during the Comprehensive Plan update process.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
authorize agreement with Maxfield Research and Consulting, LLC, for a Comprehensive
Housing Market Study in the amount of $22,000 and the motion carried.
3J. Authorize Cooperative Agreement with the Metropolitan Council Environmental
Services for the Liberty Crossing Flood Mitigation
City Engineer Oliver answered questions from Council regarding the cooperative agreement
with the Metropolitan Council for the Liberty Crossing Flood Mitigation.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
authorize a Cooperative Agreement with the Metropolitan Council Environmental Services for
the Liberty Crossing Flood Mitigation Project No. 15-16 and the motion carried.
4. PUBLIC HEARINGS
4A. Public Hearing - Major PUD Amendment Plan for Central Park West PUD No. 121,
Amendment #2 - 10 West End - Ryan Companies US, Inc., Applicant
Associate Planner/Grant Writer Goellner presented the staff report and answered questions
from Council.
Mayor Harris opened the public hearing.
Unofficial City Council Minutes -3- August 16, 2016
4A. Public Hearing - Major PUD Amendment Plan for Central Park West - continued
Mr. Tony Barranco, Vice President of Development, Ryan Companies, stated that much of the
foundation was set for this phase of the proposal during the original PUD process. He said they
are very excited about the product. He answered questions from Council regarding bike
parking, electric vehicle charging stations and possible solar panels at the site.
Mr. Gary Cohen, 4530 Douglas Avenue, said he knows the importance of public meetings and
that he has attended many of them regarding this property over the years. He stated the
current proposal is a vast improvement over past proposals. He said that his main concern is
traffic and that it can currently be unbearable in his neighborhood. He said he would like to
have continued traffic studies done in the area.
Ms. Daon Karpan, 1400 Natchez Avenue South, said she would like to reinforce the
importance of the continued watch of the traffic in the area. She said she is happy to hear that
additional traffic studies will be done, but she would like to see dates associated with the
studies. She said she would also like to see an informal way of communicating with the
neighborhood regarding this process, since public meetings can be intimidating.
Mayor Harris closed the public hearing.
There was much Council discussion regarding the PUD plan for Central Park West, traffic in
the area, and the addition of electric vehicle charging stations.
MOTION made by Council Member Fonnest, seconded by Council Clausen to adopt
Ordinance #609, approval of PUD Plan, Central Park West PUD No. 121, Amendment #2,
Ryan Companies, Applicant with the addition of a 14th condition as follows: "A minimum of two
electric vehicle charging stations must be installed in a convenient location within the parking
ramp" upon a vote being taken the following voted in favor of: Clausen, Fonnest, Snope, Harris
and Schmidgall, the following voted against: none and the motion carried.
4113. Public Hearing - Amending Section 11.04 Temporary Uses regarding prohibition
of Temporary Family Health Care Dwellings
Associate Planner/Grant Writer Goellner presented the staff report and answered questions
from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public
hearing.
There was Council discussion regarding prohibiting temporary family health care dwellings.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
adopt Ordinance #610, amending Section 11.04 Temporary Uses regarding the prohibition of
Temporary Family Health Care Dwellings upon a vote being taken the following voted in favor
of: Harris, Clausen, Fonnest and Schmidgall, the following voted against: Snope and the
motion carried.
6. NEW BUSINESS
6A. First Consideration - Amending City Code Section 9.07, Modifying Winter Parking
Regulations
City Manager Cruikshank presented the staff report and answered questions from Council.
Unofficial City Council Minutes -4- August 16, 2016
6A. First Consideration - Amend Section 9.07 Modifying Winter Parking - continued
Mr. Brian Peterson, 1140 Florida Avenue North, suggested that the Council repeal the
ordinance rather than amend it. He said the amendment would not accomplish anything for the
residents harmed by the ordinance who do not have room in their driveways to park their cars.
He said the original ordinance was brought up as a safety idea to make it easier to plow. He
said he tracked the maintenance done on his street and most of it was done during the day. He
said he tested the ban by parking on the street overnight and he did not receive a ticket so he
recommended the regulation be removed. He said he would be happy to move his vehicle if he
were to receive a text when maintenance was to be done on his street.
Ms. Marty Micks, 90 Louisiana Avenue South, said she attended a previous meeting regarding
this issue and was not allowed to speak so she appreciated this opportunity. She said on
Channel 12 news, a citizen brought up the desire for a winter parking ban. She said she was
concerned whether this ban was just for one person or for the needs of the City as a whole.
She said if Council was only looking at this one ordinance tonight, she would support reducing
the hours to 2 am to 6 am. She said when she was on the Council, this item was brought
before them but after having a public hearing, they decided not to impose a parking ban
because it affected some many homes on the City's east side that were built in the 1950s and
only had single garages or alleys. She asked whether the ban was making it more difficult for
the City and if so should the ordinance be repealed or if it was a benefit.
Mr. Randy Anderson, 5625 Lindsey Street, said his street has yet to be redone and is the
original street from the 1960s. He said that he is concerned once it is that the street will be
narrowed. He said that residents are required to clear the snow curb to curb but the City plows
are not getting all the way to the curb. He said he did not track the plows going though at night
but he felt that there were very few times that they did. He said when he has walked his dog it
did not appear that the ban was not enforced because he did not see any tickets on the cars in
the mornings.
Chief Sturgis answered questions from Council regarding the enforcement of the parking ban.
He explained the exemption and the snow emergency processes.
Public Works Maintenance Manager Tracy and Street Maintenance Supervisor Kieffer
answered questions from Council regarding the snow removal process which include scraping
the streets curb to curb, the plowing procedure and the reduction of chemicals needed. Mr.
Tracy explained the process for snow removal including when cars have not been moved.
There was much Council discussion regarding modifying the winter parking regulations.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
repeal Subdivision 3 regarding the hours restriction in the current ordinance upon a vote being
taken the following voted in favor of: Clausen and Schmidgall, the following voted against:
Snope, Fonnest and Harris and the motion failed.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to
adopt first consideration Ordinance #611, amending Section 9.07: Winter Parking Regulations
upon a vote being taken the following voted in favor of: Harris, Fonnest, Schmidgall and
Snope, the following voted against: Clausen and the motion carried.
Unofficial City Council Minutes -5- August 16, 2016
6113. Approve Amendment to City Manager Employment Agreement
Mayor Harris introduced the item and stated that an executive session was held on August 8,
2016, to discuss the performance review of the City Manager. He summarized the categories
that were discussed at the session.
Council thanked City Manager Cruikshank for his first year of service and said they look
forward to working with him in the future.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to
adopt Resolution 16-48, amending the City Manager Employment Agreement upon a vote
being taken the following voted in favor of: Harris, Clausen, Fonnest, Schmidgall and Snope,
the following voted against: none and the motion carried.
6C. Announcements of Meetings
6C1. Set Special Meeting for the Golden Valley Housing and Redevelopment Authority
MOTION made by Council Member Schmidgall, seconded by Council Member Snope to set a
Special Housing and Redevelopment Authority meeting for September 6, 2016, at 5:30 pm.
6C2. Announcements of Meetings - continued
Some Council Members may attend the Golden Valley Rotary presentation of Community
Conversations on August 17, 2016, at 3 pm in the Council Chambers.
Some Council Members may attend the GARE Advancing Racial Equity speaker series on
August 17, 2016, from 6 to 8 pm at the Hopkins Center of the Arts, 1111 Mainstreet.
Some Council Members may attend the Community Housing Forum The Challenge of
Preserving Affordable Housing on August 18, 2016, from 6:30 to 8 pm at Sandburg Learning
Center, 2400 Sandburg Lane.
Some Council Members may attend the Golden Valley Rotary Club's Crawfish Boil on August
19, 2016, from 6 to 9 pm at Brookview Park.
Some Council Members may attend a Neighborhood Block Party on August 20, 2016, from 5
to 8 pm at 1315 Valders Avenue.
Some Council Members may attend the Market in the Valley on August 21, 28 and September
4, 2016, from 9 am to 1 pm at the City Hall Campus.
Some Council Members may attend a tour of Cornerstone Creek on August 19 and 26, 2016,
at 9 am at 9300 Golden Valley Road.
The Battle of the Badges Community Blood Drive will be held on August 24, 2016, from 1 to 5
pm at the Public Safety Building.
Some Council Members may attend the Golden Valley Business Council on August 25, 2016,
from 7:30 to 9 am at Second Harvest Heartland.
City Office will be closed on September 5, 2016, in observance of Labor Day.
Unofficial City Council Minutes -6- August 16, 2016
6C2. Announcements of Meetings - continued
A Special Housing and Redevelopment Authority Meeting will be held on September 6, 2016,
at 5:30 pm in the Council Chambers.
The next Council Meeting will be held on Tuesday, September 6, 2016, at 6:30 pm.
Some Council Members may attend the Golden Valley Foundation Moonlight Golf Scramble on
September 9, 2016, at 6:30 pm at the New Hope Golf Course at 8130 Bass Lake Road.
Some Council Member may attend the Beyond the Yellow Ribbon - 2nd Annual "Glow Golf" on
September 22, 2016, at 7 pm at the New Hope Golf Course, 8130 Bass Lake Road.
6D. Mayor and Council Communication
Council Member Clausen stated that t-shirts from the Pride Festival are available for sale at
the UPS store in Golden Valley.
Mayor Harris discussed regarding the conditions of the grounds at the Post Office and stated
that staff has issued a citation.
7. ADJOURNMENT
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall and
the motion carried unanimously to adjourn the meeting at 9:27 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
city 0
golden MEMORANDUM
valley Administrative Services Department
763-593-8013/763-593-3969 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
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 0
MEMORANDUM
goldenV 11 Administrative Services Department ey
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
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
golde' n
valley City-
it Administration Council
763-593-3991 /763-593-8109(fax)
Executive Summary For Action
Golden Valley city council Meeting
September 6, 2016
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement- North Star Chapter
Rocky Mountain Elk Foundation
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the City
to waive the 30-day waiting period.
Attachments
• Application for Exempt Permit (2 pages)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the North Star Chapter Rocky Mountain Elk Foundation.
MINNESOTA LAWFUL GAMBLING 5/15
LG220 Application for Exempt Permit Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the
awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
$1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Previous Gambling
Name: Rocky Mountain Elk Foundation Permit Number: 03657
Minnesota Tax ID Federal Employer ID
Number, if any: Number(FEIN), if any: 81-0421425
Mailing
Address: 6444 Westchester Circle
City: Golden Valley State: MN Zip: 55427 County: Hennepin
Name of Chief Executive Officer (CEO): Harold Olstad
Daytime Phone: 612-242-4606 Email: harold.a.olstad@ampf.com
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
Fraternal = Religious Veterans 0 Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
❑ A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
❑✓ IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
❑ IRS-Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of bah of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted
(for raffles, list the site where the drawing will take place): Chester Bird American Legion
Address (do not use P.O. box): 200 N. Lilac Drive
City or
Township: Golden Valley Zip: 55422 County: Hennepin
Date(s) of activity (for raffles,
indicate the date of the drawing): September 22, 2016
Check each type of gambling activity that your organization will conduct:
❑Bingo* ❑Paddlewheels* a Pull-Tabs* ❑Tipboards*
171( Raffle (total value of raffle prizes awarded for the calendar year: $ 11,500.00 )
* Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by
the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on
Distributors under List of Licensees, or call 651-539-1900.
5/15
LG-220 Application for Exempt Permit Page 2 oft
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
/ located within city limits located in a township
V The application is acknowledged with no waiting period. The application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
(60 days for a 1st class city). 30 days.
The application is denied. The application is denied.
Print City Name: 604f1 1`e Print County Name:
Signature of City Personnel: Signature of County Personnel:
Wvvs Lwedla
Title: G Date: (0 Title: Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the deny an application, per Minn. Statutes, section 349.213.)
Gambling Control Board. Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is com lAe and
cccu'rate t toe best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Boa " ithin §(� of event date.
Chief Executive Officer's Signature: �` / Date:
(Signature st be CEO's signature; designee may not sign)
Print Name: '1"-�I-O icy/ A
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
• all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and
• all gambling conducted on one day.
application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is $100; otherwise the fee is $150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900.
Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General;
on this form (and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota
by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget, and Revenue; Legislative
determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board Issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically
refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access
your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for
information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was
as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent.
If your organization supplies the information members, Board staff whose work requires
requested, the Board will be able to process the access to the information; Minnesota's Depart-
This form will be made available in alternative format (i.e. large print, braille) upon request.
An Equal Opportunity Employer
Regular Meeting of the
Golden Valley Planning Commission
July 25, 2016
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,
July 25, 2016. Vice Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Baker, Blum, Johnson, Kluchka, and
Waldhauser. Also present were Planning Manager Jason Zimmerman, Associate
Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman.
Commissioner Segelbaum was absent.
1. Approval of Minutes
June 27, 2016, Regular Planning Commission Meeting
MOVED by Waldhauser, seconded by Kluchka and motion carried unanimously to
approve the June 27, 2016, minutes as submitted.
2. Informal Public Hearing — Major PUD Amendment— Central Park West—
Southwest Quadrant of 1-394 and Highway 100 — PU-121, Amendment#2
Applicant: Ryan Companies US, Inc.
Address: Unassigned (Southwest Quadrant of 1-394 and Highway 100)
Purpose: To construct an 11 story office building and a 1,214 stall parking
ramp on the border of St. Louis Park and Golden Valley.
Goellner referred to a site plan of the property and discussed the applicant's proposal to
construct an 11 story office building and a 7 level, 1,214 stall parking ramp. She noted
that the landscaping, lighting and other civil engineering plans match the original PUD
proposal for Central Park West. She showed the Commissioners architectural elevations
and renderings and discussed the building materials which will include glass, brick, and
precast spandrel panels. She discussed the proposed amenities including: a retail
space/cafe facing the park, outdoor meeting space, a skyway to the parking ramp,
balcony views of downtown, and a bicycle storage room with showers and lockers.
Goellner referred to a plan showing the entrances and exits on the site and discussed
how they have changed from the original approval. She noted that the parking ramp
entrance on the north side has been moved to the east side along Lilac Drive and that
the ramp has been tilted slightly on the site to better align with Lilac Drive and to allow
the Central Park area to be larger. She added that the intersection of Quentin Avenue
and Wayzata Blvd. will be improved by adding an additional turn lane and all-way stop
signs.
Goellner referred to the north facing wall of the parking ramp and stated that the original
proposal included a "green" vegetated wall. She stated that in order to meet the intent of
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 2
the original concept, the applicant is proposing that a mural be painted instead because
vegetation won't survive on a north facing wall. She explained the proposed mural
design process and the timeline for community meetings and installation of the mural.
She added that staff is recommending a committee be formed consisting of one member
from the Golden Valley Community Foundation, one Planning Commissioner, two
residents of the South Tyrol/Kennedy Addition, one St. Louis Park resident, property
owners Ryan Companies and Excelsior group, and City Planning staff from Golden
Valley and St. Louis Park.
Goellner discussed the parking requirements and noted that 1,173 spaces are required
and 1,214 spaces are being provided. 118 bicycle spaces are required and 126 spaces
are being provided.
Waldhauser asked if the change in setbacks from the original approval are due to the
tilting of the parking ramp. Goellner said yes. Baker asked if tilting the parking ramp
increased the amount of office space. Goellner said no, but it will increase the amount of
green space.
Kluchka asked if the City was involved in the decision to change the vegetated wall to a
painted mural. Goellner stated that the first choice was a vegetated wall, the second
choice was a mural, and the third choice was metal panels across the facade. She
added that staff has had conversations with the applicant and that the City wants this to
be a dynamic space and have a sense of place for the community.
Blum noted that in the original PUD proposal the parking ramp was entirely in Golden
Valley and now a portion of it will be in St. Louis Park. He asked if that will affect any
agreements or negotiations between the two cities. Goellner stated that there are shared
service agreements in place and explained that Golden Valley will permit the parking
ramp and St. Louis Park will collect a portion of the revenue collected based on the
square footage and vice versa for the office building.
Johnson referred to the make-up of the membership on the proposed mural committee
and stated that it doesn't represent the entire community, rather just one neighborhood.
He asked about involving additional people and the City Manager or elected officials.
Goellner stated that they are hoping the community will be represented by a Planning
Commissioner and by a member of the Golden Valley Community Foundation, and also
during the community engagement day. She added that the City Manager will likely be
involved in the process and that the Planning Commission could recommend that the
City Council also have a member on the committee.
Blum asked if there are bike and pedestrian pathways planned for the Wayzata Blvd.
Highway 100 overpass. Goellner stated that a feasibility study is just wrapping up for
Wayzata Blvd. that has several alternatives for Wayzata Blvd. in it. When the feasibility
study is complete there will likely be a recommendation from all of the parties involved
including Golden Valley, St. Louis Park, Minneapolis, and Hennepin County. The funding
of the improvements will most likely come from the City's Capital Improvement Program,
Hennepin County, and the Metropolitan Council.
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 3
Baker noted that the application made reference to a bike connection between the
proposed office building and the Cedar Lake Trail and asked about the nature of that
connection. Goellner stated that the connection would not necessarily be owned and
operated by the applicant of this property, but she believes there have been discussions
regarding a connection in St. Louis Park.
Johnson noted that traffic was a big issue during the review of the original PUD approval
process. He referred to the staff report that states if there is reason to do another traffic
study one would be done, but he wonders if they can be more proactive about requiring
additional traffic studies. Goellner stated that the City is requiring that traffic counts be re-
done after the office is occupied to make sure that traffic is moving the way it is
supposed to. Baker asked if the additional studies are the City's or the developer's
responsibility. Goellner stated that the property owners would pay for the additional
studies. Waldhauser asked if the office tenants will be required to have staggered start
and end times to help with traffic issues. Goellner said she thinks that would likely be a
component of their Travel Demand Management Plan.
Tony Barranco, Vice President of Development, Ryan Companies, stated that much of
the foundation for this phase of the proposal was put in place during the original PUD
approval process. He stated that the second phase will occur within two to five years
after the first phase. He noted that Excelsior Group has purchased the site and that Ryan
Companies will be partners with them by supporting the construction and leading the
entitlement process. They are both mutually developing the property and will be owners
of the property. He reiterated that they will get the permit for the parking ramp from the
City of Golden Valley and the permit for the office building will be issued by St. Louis
Park. He discussed the design of the office building and stated that they are trying to
create an office environment for the modern work force. He said they that they don't want
to build a glass tower that feels unfriendly, they want to build a warm space that is more
hospitable and welcoming to patrons, guests and workers. He stated that 95% of the
building materials will be Class 1 materials, the brick will have a metallic sheen, there will
be full height glass on many levels, and wood under the soffit with signature arched
windows to give it a warehouse feel. The building will be LEED certified and will focus on
the connection to Central Park West. It will also focus on bike connections and outdoor
space with each floor having some outdoor space. He referred to the subtle shift/tilt of
the parking ramp and stated that changing the ramp gave the park an additional 7,000
square feet of space, it gave the apartment owners to the north, and offices to the east
some relief from the view of the hard edge of the ramp and it removes the direct view of
the ramp and headlights. It also provided some important safety areas by allowing a
pedestrian connection from Quentin Avenue to go through and into the park without
crossing through the active driveway area. He referred to the north side of the parking
ramp and said staff has made it clear that planning something for that facade is very
important. He said it is important to them as well because it is a critical signature
gateway to their overall project. He said they were concerned about the longevity of a
vegetative system especially on the north side of a building so they are proposing ground
plantings and a mural concept as an alternative. He discussed the history of previous
projects and past community engagement processes they've done with the artist that will
be working on the mural.
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 4
Kluchka asked about the proposed spandrel material. Karl Drecktrah, Director of
Architecture, Ryan Companies, stated that spandrel is an architectural precast, concrete
product that will be located between the top of the window heads and the bottom of the
window sills from floor to floor.
Kluchka asked if a major tenant has been identified because the look of this proposed
building is similar to the look of the new US Bank Stadium. Barranco said no, they have
had discussions with a significant, major tenant, and they need a major tenant before
they start construction, but they have nothing to announce at this point. Kluchka asked if
the proposed second office building would be a twin of this building. Barranco said it will
be an exact twin of the first building with two exceptions: the second building will have a
slightly different orientation the first floor will have through access and an open and
dramatic connection to the park.
Blum referred to the crisscrossing paths in the park and asked how pedestrians will
interact at those intersections. Barranco said they would like to have a direct connection
on the south end of the ramp to the walk system and they know where they will have the
bike entrance, but they haven't spent a lot of time yet on modal separation.
Blum asked if the retail/cafe space would be open to the public. Barranco said yes and
added that the retail space will flow out to the park space.
Waldhauser referred to the landscaping and asked Barranco if they are responsible for
the trees for one year, or if their responsibility is longer. Kevin Pfeiffer, Landscape
Architect, stated that most of the trees will be located in areas with significant open
space and added that they require their contractor to warranty the trees for 1 to 2 years.
Kluchka said he wants to talk about the building versus the parking ramp. He said he
sees a lot of things happening, but he doesn't know what this building wants to be. He
questioned how the mural could help bring the two together as a connected unit and
added that he would recommend and encourage mixed media for the mural, not just
paint. Barranco said they share the concern that the mural look like an architectural
project and not an art project, and that it fits in with its surroundings because they don't
want to invest in something that doesn't look great. Kluchka questioned if they have to
use the word mural or if they can leave it open to other solutions. Barranco said they
would be open to considering other ideas or a combination of a mural and other
materials. Drecktrah added that the design team will stay actively engaged to make sure
it all works together.
Johnson referred to the parking for the hotel and said he remembered talking about
using the residential building as a pass through or short cut. He asked if that is still under
consideration and if there is a snow removal plan in place. Barranco stated that the
residential building is under different ownership but there will be a door connection in the
north side of the ramp for hotel guests. He referred to the question about snow removal
and stated that there is an agreement in place that covers maintenance and service of
the green areas and the sidewalks including snow removal.
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 5
Baker opened the public hearing.
Gary Cohen, 4530 Douglas Avenue, said he knows the importance of public meetings
and that he has attended many of them regarding this proposal. He stated that this
current proposal is a vast improvement over past proposals and he is impressed with the
quality of the project. He said he is not concerned about plantings or murals but the
elephant in the room and his primary concern is traffic. He said traffic can be unbearable
and the Wayzata frontage road can back up to Olive Garden. He said he knows that
possible changes haven't been finalized yet, but traffic engineers continue to say there is
no problem. He noted that at prior meetings he's called for continued studies and
suggested that continued studies be made a conditional of approval.
Seeing and hearing no one else wishing to comment, Baker closed the public hearing.
Waldhauser said she believes there is a provision in place to repeat traffic studies as
more development occurs. Baker agreed and added that staggered start and end times
might be another consideration. Goellner stated there will be future analysis to determine
if trip distribution is occurring as anticipated.
Kluchka said he loves the design of the building. He referred to condition #10 in the staff
report and said he would like to change the word "mural" to "public art" instead because
there is an opportunity for mixed media rather than just paint. Waldhauser said she has
seen both paint and mixed media projects done really well. Baker agreed that just a
mural might not be what the City wants. Johnson reiterated that he would like to open up
the design process to allow more people to participate and to possibly have the City
Manager and/or City Council Members be a part of that group. Baker suggested that
decision be left up to the Council. He said he imagines that the City Manager will
designate staff to attend the group's meetings and that information will funnel back to the
City Council. Johnson said he just wants more than the closest neighborhood involved.
Goellner noted that condition #11 also uses the word "mural" and said that she would
change the wording to "public art."
Baker asked Commissioner Waldhauser if her questions about the proposed trees have
been addressed. Waldhauser noted that the trees are probably more in St. Louis Park's
purview, but it sounds like the longevity of the trees and landscaping has been thought
about.
Kluchka asked if additional traffic studies should be added as a condition of approval.
Baker said he would like there to be ongoing traffic studies. Kluchka questioned how St.
Louis Park is reviewing the traffic issues. Goellner said she believes it is addressed in
their conditions of approval, or they may have a separate agreement. She suggested
language be added to condition #6 regarding the monitoring of ongoing traffic concerns.
MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to
recommend approval of Central Park West PUD No. 121, Amendment #2, subject to the
following findings and conditions:
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 6
Findings:
1. The PUD plan is tailored to the specific characteristics of the site, such as the
proximity to high retaining walls and highway traffic to the north and east and high-
density development to the south and west. With flexibility under a PUD in uses
allowed, setbacks, height, parking requirements, number of buildings on a lot, and
similar requirements, the quality of site planning and design is of higher quality than
if each parcel was designed individually under conventional provisions. The PUD
encourages creativity and flexibility in land development.
2. The site is currently vacant and is mostly impervious. The proposed plan adds
approximately 72 new trees and 256 shrubs to the site.
3. The PUD plan includes efficient and effective use of the land. The PUD plan
provides an appropriate area of the city for an 11-story office building and 7-level
parking ramp.
4. The PUD Plan results in development compatible with adjacent uses and is
consistent with the Comprehensive Plan and redevelopment plans and goals. High-
density office, commercial, and residential uses surround the site to the south and
west. Low-density residential uses are separated from this proposed PUD site by
significant highway development. The PUD plan increases the Class A office space
available to the 1-394 corridor, which is a desirable location with many major
employers.
5. The PUD plan is consistent with preserving and improving the general health, safety
and general welfare of the people of the City. The PUD plan promotes pedestrian
and bicycle activity and provides high-quality landscaping additions to the site.
6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD
ordinance provisions. The PUD provision permits flexibility from other provisions in
Chapter 11 of the City Code. This flexibility is permitted in order to promote the intent
and purpose of the PUD section of the City Code.
Conditions-
1.
onditions:1. The plans prepared by Ryan Companies submitted on June 28, 2016, shall become
a part of this approval.
2. The recommendations and requirements outlined in the memo from the Engineering
Division to Jason Zimmerman, Planning Manager, July 11, 2016, shall become a
part of this approval.
3. The recommendations and requirements outlined in the memo from the Fire
Department to Jason Zimmerman, Planning Manager, July 1, 2016, shall become a
part of this approval.
4. The City of St. Louis Park approves that portion of the Planned Unit Development
within its jurisdiction.
5. The east-west driveway located along the south side of the proposed office and
ramp property (Lot 2) must be modified to include only one-way access in the
westward direction. The driveway must be 20 feet in width and include the
appropriate curb tapers, signage, and pavement markings.
6. The property owners of any parcel in the Central Park West PUD shall adhere to the
Travel Demand Management Plan approved for the West End Redevelopment,
which will serve to reduce traffic congestion. The applicant shall provide an update
to the Travel Demand Management Plan and must receive staff approval prior to the
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 7
issuance of a building permit. Based on the monitoring of traffic conditions, the
owner will be required to update the plan or submit a new plan to the Golden Valley
and St. Louis Park 1-394 Joint Task Force in the future as needed.
7. If there are complaints from hotel users or the hotel owner, located on Lot 3 of PUD
121, that overflow parking in the parking ramp is not convenient or available, the City
reserves the right to require that up to 110 parking spaces be signed and/or striped
to designate hotel parking.
8. The applicant shall dedicate easements for public use of certain sidewalks and trails
located within the City of Golden Valley, both inside and outside the Linear Park, in a
form acceptable to the City Attorney.
9. Because the attached PUD Plan includes final design plans for only Phase 1 of the
Office and Parking Ramp, the applicant or future property owner must submit an
application for a Major PUD Amendment, and receive approval therefor, when final
design plans for Phase 2 of the Office and Parking Ramp are prepared, prior to
issuance of any building permits for Phase 2 of the Office and Parking Ramp.
10.The applicant shall submit a letter of credit or cash deposit to the City of Golden
Valley for the cost of the proposed public art installation on the parking ramp fagade.
11.The applicant shall engage community members in the design process for the public
art proposed for the parking ramp facade, in a process that is acceptable to the City
Manager or his/her designee.
12.The applicant shall pay all required fees and costs incurred by the City related to the
review and processing of the application, including legal and professional consulting
costs.
13.This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
3. Informal Public Hearing — Zoning Code Text Amendment— Temporary Family
Health Care Dwellings —ZO00-106
Applicant: City of Golden Valley
Purpose: To consider language regarding Temporary Family Health Care
Dwellings.
Goellner explained that a bill was recently passed by the Minnesota Legislature creating
a process for landowners to place temporary health care dwellings on their property.
She explained that a temporary health care dwelling is defined as transitional housing
for those requiring assistance. She said they are typically a modular/manufactured
home or recreational vehicle under 300 square feet in size with no permanent
foundation. She stated that staff is recommending that the City prohibit temporary health
care dwellings in all zoning districts because of the potential negative impacts including:
health and safety issues, the lack of adequate space, and noise and visual nuisance.
She added that communities must opt-out by September 1 or begin allowing these
structures.
Baker asked if any communities are not opting-out. Goellner said the only City she
knows of that is considering allowing these types of dwellings is New Hope, but they will
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 8
likely opt-out as well. Baker noted that it seems that the League of MN Cities is strongly
recommending opting out. Goellner agreed. Waldhauser stated that some variation
might be acceptable. Goellner stated that there are other solutions available such as
Permanent Accessory Dwelling Units.
Baker asked Goellner if she knows the history of this legislation. Goellner said a
representative from a more rural area proposed this to meet the need for transitional
housing.
Johnson asked how long one of this type of dwelling units could stay on someone's
property. Waldhauser said one year. Goellner said cities could extend that and make
their own rules.
Johnson asked what the setbacks would be. Goellner said they would be the same as
an accessory structure. Waldhauser asked if a temporary dwelling/recreational vehicle
could be on a driveway. Zimmerman stated that a recreational vehicle could be located
on a driveway or in the side or rear yard. Waldhauser said she thinks allowing a small
recreational vehicle on a driveway might not be terrible.
Baker opened the public hearing. Seeing and hearing no one wishing to comment,
Baker closed the public hearing.
Blum stated that based on the materials in the agenda packet this won't provide a
quality, long term solution. He added that they will change the neighborhood character
in a negative way and would not be consistent with the City's plans for residential areas.
Johnson said he is in favor of allowing temporary dwellings. He stated that if the State
said cities should allow this, and if people meet the requirements, the City should give
them the opportunity to take advantage of this legislation.
Baker stated that the City could opt-out of this now and work on an ordinance that would
allow this sort of use in the future. Johnson reiterated that people should be able to take
advantage of the State law. Waldhauser said she doesn't think there would be very
many of these structures, but the speed with which these permits would have to be
granted would not give staff enough time for review. She said she would like more time
to work on a different ordinance in the future.
MOVED by Blum, seconded by Waldhauser and motion carried 4 to 1 to recommend
approval of amending Section 11.04 of the Zoning Code prohibiting Temporary Family
Health Care Dwellings. Commissioner Johnson voted no.
--Short Recess--
Minutes of the Golden Valley Planning Commission
July 25, 2016
Page 9
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Baker gave an update on the last LRT meeting he attended. He said they are continuing
to discuss the implications of the Legislature, the lack of work force, the park and ride at
Golden Valley Road, access to the park bike trail and the proposed welcome center in
Wirth Park.
5. Other Business
• Comprehensive Plan Land Use Discussion
Zimmerman stated that he included a General Land Use Map in the agenda packet
because he would like the Commissioners to indicate on the map areas they would like
to change, or areas they think will change as a part of the upcoming Comprehensive
Plan update. He said staff will use this information for the Comprehensive Plan open
house to be held on September 19. He discussed the City's Comprehensive Plan page
on the web site and the online branding survey.
Baker asked about the make-up of the new Bike and Pedestrian Task Force. Goellner
stated that staff received 18 applications and 10 members were appointed by the City
Council.
• Council Liaison Report
Council Member Schmidgall gave an update on the last City Council meeting where
they approved the Conditional Use Permit for Big Deal's Liquidation. He also discussed
the City's upcoming citizen survey.
Waldhauser asked about the new gazebo at Brookview. Schmidgall said the gazebo is
a relatively modest investment that he thinks will be well used. He stated that due to
threatening weather the ribbon cutting for the new gazebo has been re-scheduled.
Kluchka asked if the City Council has considered the rezoning proposal for 9050 Golden
Valley Road. Zimmerman stated that City Council denied that proposal.
6. Adjournment
The meeting was adjourned at 8:45 pm.
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
July 26, 2016
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
July 26, 2016, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Perich called the meeting to order at 7:00 pm.
Those present were Members Maxwell (arrived at 7:25), Nelson, Orenstein, Perich and
Planning Commission Representative Kluchka. Also present were Associate
Planner/Grant Writer Emily Goellner, Planning Intern Chloe McGuire Brigl, and
Administrative Assistant Lisa Wittman.
I. Approval of Minutes — June 28, 2016, Regular Meeting
MOVED by Nelson, seconded by Orenstein and motion carried 4 to 1 to approve the June
28, 2016, minutes as submitted. Commissioner Kluchka abstained.
II. The Petition(s) are:
1439 Tyrol Trail (Continued Item)
Michael and Caity Bateman, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd.
11(A)(3)(b) Side Yard Setback Requirements
• 2.5 ft. off of the required 12.5 ft. to a distance of 10 ft. at its closest point to
the side yard (east) property line.
Purpose: To allow for the construction of a new garage.
Goellner reminded the Board that this proposal was tabled at their last meeting. She
explained that the applicants are now proposing to build a new garage with a deck
above, 2.5 ft. off the required 12.5 ft. to a distance of 10 ft. at its closest point to the
east property line rather than the originally proposed 3.6 ft. to the east property line.
She discussed some of the alternative ways the proposed garage could be built
including: adapting the current garage, lowering the garage floor, or removing the center
post. However, the homeowners would still be left with the turning radius problem
because of the L-shaped driveway.
Goellner stated that staff is recommending approval of this variance request because it
is a reasonable use of space, the proposed garage will have minimal impact on the
neighboring property, and the applicants have explored other alternatives and have
altered their plans based on the Board's recommendations.
Caitlin Bateman, Applicant, said they went back to the drawing board and looked at
ways to lessen the impact and improve the usability of the garage. She stated that they
explored many options and this one seems to be the best.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 2
Nelson asked if the new garage door will face the front or the side of the property.
Bateman said it will face the front.
Perich opened the public hearing. Hearing and seeing no one wishing to comment,
Perich closed the public hearing.
Nelson stated that she had concerns about the original proposal but she applauds the
applicants for exploring other alternatives that minimize the impact to the neighboring
property. She added that she thinks this proposal meets the criteria the Board uses
when considering variance requests. Perich agreed.
Kluchka said the proposal sounds reasonable and questioned if language could be
added as a condition that would prohibit the construction of anything on top of the
proposed garage because he doesn't want the footprint to set precedent for future
building. Perich said conditions could be added. Nelson noted that the plans submitted
with this proposal are what the Board would be approving. Goellner stated that if the
applicants want to build an addition on top of the garage it would have to meet the
setback requirements or they would have to come back to the City with another
variance request.
MOVED by Orenstein, seconded by Waldhauser and motion carried unanimously to
approve the requested variance for 2.5 ft. off of the required 12.5 ft. to a distance of 10
ft. at its closest point to the side yard (east) property line to allow for the construction of
a new garage/deck addition.
221 Westwood Drive North
Peter & Beth Newland, Applicants
Request: Waiver from Section 11.03: Definitions (Zoning Code), Definition 14.
Building, Height
• The applicant is seeking a variance of 2.27 feet off the allowed 1-foot increase
in average grade for new construction, for a total increase of 3.27 feet from the
existing average grade.
Purpose: To allow for the construction of a new home.
McGuire Brigi referred to an aerial photo of the property and pointed out a bowl-shaped
depression in the front yard. She stated that the applicants' proposal is to return the grade
of the property to its natural topography in order to build a new home.
McGuire Brigl explained that the Zoning Code only allows for a one-foot increase in the
average grade for new construction. She stated that if the bowl-shaped depression were
not present, a normal two-story home could be built without a variance.
Perich asked if the City knows what the original topography of the lot was before the bowl-
shaped depression was carved into the yard. McGuire Brigl said no.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 3
Orenstein said he remembers approving variances for this property in the past. Ben Awes,
Architect representing the applicant, stated that essentially they want to fill in the odd,
bowl-shaped depression in the front yard back to the natural grade in order to build a
modest two-story house, but the Zoning Code won't allow them to raise the grade more
than one foot.
Nelson asked if the fact that this is a corner lot affects the grade. Goellner said yes and
explained that the grade along both front property lines are taken into consideration when
calculating the average grade.
Kluchka referred to the grade of the lot and stated that a tuck under garage would have
been built even without the bowl-shaped depression. Goellner agreed that the house
probably would have been a walk-out with or without the depression.
Kluchka noted that the grade of the side yard is probably original. Awes stated that the
previous owners carved into a hillside to build the garage and probably also did some
carving in order to get a flat driveway. He added that they are not proposing to raise the
grade on the side, they are really just filling in the "bowl" in front. Goellner added that the
front door of the new home will be in a similar location and that the intent of the Zoning
Code requirement is to keep people from building up the grade in order to build a taller
house.
Kluchka asked if the existing house is taller, or similar in height with other homes nearby.
Orenstein said it is similar in height with others in the area.
Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich
closed the public hearing.
Orenstein said he thinks the new home is a welcome change and an improvement.
Nelson said the impact is fairly minimal. Perich agreed and added that the property is
unique and the proposal is reasonable, it is in harmony with the City's plans, and it won't
alter the character of its locality.
MOVED by Nelson, seconded by Orenstein and motion carried unanimously to approve
the requested variance of 2.27 feet off the allowed 1-foot increase in average grade for
new construction, for a total increase of 3.27 feet from the existing average grade to allow
for the construction of a new home.
204 Parkview Terrace
Nick Thompson, Applicant
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(B) Height Limitations
• 8 ft. over the 25 ft. of height allowed for a total height of 33 ft.
Purpose: To allow for the construction of a second story addition.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 4
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(A)(3)(a) Side Yard Setback Requirements
• .6 ft. off of the required 15 ft. to a distance of 14.4 ft. at its closest point to the
side yard (south) property line.
Purpose: To allow for the construction of a second story addition.
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(A)(3)(a) Side Yard Setback Requirements
• .2 ft. off of the required 15 ft. to a distance of 14.8 ft. at its closest point to the
side yard (north) property line.
Purpose: To allow for the construction of a second story addition.
McGuire Brigl referred to a diagram drawing of the proposal and explained the
applicant's request to construct a second story addition and a rooftop deck. She stated
that the proposal requires three variances. The first request is for the stairway access to
the rooftop deck to be 33 ft. in height (rather than the allowed 25 ft.), the second
request is to allow the second floor addition to be located 14.4 ft. (rather than the
required 15 ft.) at its closest point to the south property line, and the third is to allow the
second floor addition to be located 14.8 ft. (rather than the required 15 ft.) at its closest
point to the north property line. She explained that the applicant's stated unique
circumstances are that they would like to utilize the existing structure to build the
second story, the side yard setbacks for the existing home are already non-conforming,
there is approximately 23 feet between this home and the neighboring home to the
south, and they would like the opportunity for a summer rooftop deck and garden space
to help make the home more green.
McGuire Brigl stated that staff is recommending denial of the requested variances
because the proposed rooftop deck could be accessed by an outdoor staircase and the
second story addition could meet the side yard setback requirements by stepping in, or
sloping slightly without the need for variances.
Nelson referred to a similar variance request that was approved at their last meeting
and noted that staff stated at that time that the Zoning Code might be amended to
address the height of flat roof homes versus the height of pitched roof homes. Goellner
stated that the Zoning Code has not yet been amended. Maxwell asked if this proposal
would be allowed under the proposed code changes. Goellner stated that this proposal
is similar to the variance request approved last month. In this case the applicant is close
to fitting within the allowed building envelope, but they are proposing to build the house
taller than even the 28 feet of height allowed for a pitched roof house. Nelson asked if
the proposal from the meeting last month fit within the building envelope. Goellner said
yes.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 5
Nelson asked how the existing house is non-conforming. McGuire Brigl stated the south
side of the existing house is located14.4 ft. from the property line instead of the required
15 ft.
Kluchka asked if there are plans that are further along in the design process. McGuire
Brigl stated that the applicant has an updated plan that indicates they don't need a
variance on the north side of the property.
Nick Thompson, Applicant, showed the Board a new plan that would not need a
variance on the north side. He clarified that the proposed rooftop stair access is located
in the center, toward the rear of the home so from the street view it won't feel like a
tower sticking up.
Perich asked the applicant if he has considered putting in an exterior staircase.
Thompson said an outdoor spiral staircase would be a really tight option. Also, there
would be a lot of metal and it would be more of an eyesore. He added that there are
two other houses on this street that have the same rooftop deck he is proposing. Flora
Brown, Applicant, reiterated that putting the rooftop stair access toward the back of the
home will be less intrusive.
Nelson asked if there is a way to make the rooftop stair access shorter. Thompson
stated that they need the proposed height for headroom. Brown stated that functionally,
an outside staircase is more hazardous and they want to have garden space on the
rooftop deck as well.
Kluchka asked about the plans for the rest of the rooftop space. Thompson said it
would be left as a flat roof with a 6 to 8-inch parapet that could be garden space in the
future.
Perich opened the public hearing.
Todd Stahl, 212 Parkview Terrace, said his house is 15 ft. from the side yard property
line and he is concerned about privacy because his house sits higher and the
applicants rooftop deck would be an entertaining area that would look into the private
areas of his house. He said he is concerned about a mature oak tree on the north side
that already has limited light and the applicants' proposal could make that worse. He
said he is also concerned about the scale of the applicants' house and stated that the
building envelopes are in place to ensure balance and harmony with the homes that are
already there. He said the proposed new addition would basically dwarf his house and
make it feel tiny and insignificant.
Martha Abbott, 301 Parkview Terrace, said this proposal, which is basically a shed on
the roof, would alter the character of the neighborhood. She said this isn't a problem
that is unique to this property or any property. She said the houses on either side of this
one are one-story and are built right up to the setback lines so if the proposed house is
allowed to be the maximum height with another 8 ft. on top of that it would alter the
character of the neighborhood.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 6
Perich asked Abbott if she would prefer a stairway on the side of the house. Abbott said
yes, because it would be more open visually as opposed to having a big solid mass.
She said stairs could also go in the back, or there could be a deck at a certain point
with stairs going up to provide a break in the look of the staircase.
David Michael, 201 Parkview Terrace, said the architectural integrity of the
neighborhood is being violated with something that is so different from the rest of
existing neighborhood.
Seeing and hearing no one else wishing to comment, Perich closed the public hearing.
Goellner said a rooftop deck might be allowed without the need for variances
depending how tall the guard rail is. Thompson said the guard rail is 36" tall. McGuire
Brigl said it would still require a height variance, but not a variance from the building
envelope requirements. Goellner said it appears they would need a 1 ft. variance from
the height requirements.
Kluchka asked the applicant if he would consider having internal stairs with a hatch roof
access. Thompson said he would consider that. Goellner said she is not sure what the
Building Code requirements are for a hatch roof.
Orenstein asked if the Zoning Code language regarding height might be changed within
the next six months. Goellner said she didn't know for sure. Kluchka asked what types
of changes are being proposed. Goellner stated that there doesn't need to be different
height requirements for flat roofs and pitched roofs now that there are building envelope
requirements so staff is considering proposing one height for both types of roofs.
Maxwell asked if this variance proposal were considered as a pitched roof where the
midpoint of the roof would be. Thompson said they would be close to the building
envelope boundaries with a pitched roof as well.
Orenstein asked how visible the rooftop access would be from the street. He said it
would be less visible than the house down the street which is basically three stories tall.
Orenstein asked if the rooftop access could be moved further toward the back of the
house. Thompson said yes, he would consider that.
Nelson said she is not sure what the unique circumstances are in this case that are not
being caused by the landowner. Thompson said he could build a taller pitched roof
addition, but he wants to have usable rooftop space. He referred to the neighbors
comments about privacy and noted that there is a dense tree line between their houses.
McGuire Brigl confirmed that the living space area on the roof would be the furthest
away from the neighbor who spoke.
Perich agreed that this circumstance is being caused by the landowner and it will alter
the character of the neighborhood. Kluchka stated that the essential character in
Golden Valley is the variety of houses. Perich said he understands that the
requirements could be different soon, and he understands that pitched roof homes
could be taller, but a deck could not be built on top of a pitched roof. Nelson agreed that
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 7
outdoor space would be more impactful than a taller pitched roof. Maxwell noted that if
the applicants can shrink the house by a foot, they can build a rooftop deck without any
variances.
MOVED by Maxwell, seconded by Perich and motion carried unanimously to deny the
following variance requests:
.6 ft. off of the required 15 ft. to a distance of 14.4 ft. at its closest point to the side
yard (south) property line.
.2 ft. off of the required 15 ft. to a distance of 14.8 ft. at its closest point to the side
yard (north) property line.
Nelson stated that the proposal is reasonable but there just aren't any unique
circumstances that are not being caused by the landowner. She added that she may
feel differently if the height request was only for 1 ft. taller. Kluchka said he couldn't
come up with a good reason for even a 1 ft. height variance, but that doesn't mean the
City would not allow this proposal in the future.
Thompson said he understands and asked if the rooftop deck, including the guard rail,
is 25 ft. in height if he could do the entire roof as deck space. McGuire Brigl said yes.
MOVED by Perich, seconded by Maxwell and motion carried unanimously to deny the
variance request for 8 ft. over the 25 ft. of height allowed for a total height of 33 ft. for a
rooftop deck.
1750 Major Drive
D.R. and Jennifer Schroeder, Applicants
Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11
(D) Side Wall Articulation
• Any wall longer than 32 feet in length must be articulated, with a shift of at least
2 feet in depth for at least 8 feet in length. The applicant is requesting a variance
from this regulation to build a garage wall approximately 40 feet in length with no
articulation.
Purpose: To allow for the construction of a new home.
McGuire Brigl referred to a survey of the property and explained the applicants'
proposal to build a new, passive home. Passive homes are built with high energy
standards and seek to be energy efficient through maximum passive solar exposure
using more sun in the winter to warm the house and less sun in the summer to keep the
house cooler. The applicants are requesting a variance to construct the garage along
the west side of the property approximately 40 in length without any articulation. The
Zoning Code requires any wall longer than 32 feet to articulate at least 2 feet in depth
for at least 8 feet in length.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 8
McGuire Brigl noted that the applicants have stated that their unique circumstances are
that the home must be oriented to the south for a passive home design, the proposed
garage is being placed in the flattest location, the property is heavily wooded, in- or out-
articulations will create safety hazards, as they conceal people, animals, and items in
the driveway, they would like to keep the style of the garage and home similar, and
there are few visible neighbors.
McGuire Brigl stated that while staff is supportive of the passive home design, and
thinks the property would be used in a reasonable manner, and fits the goals of the
City, they are recommending denial of the requested variance because the problems
are not unique to the property. It is a large, vacant, newly subdivided lot with room to
build within the regulations. Also, the problem is caused by the landowner. The design
of the garage could include articulation to match the design of the articulation shown on
the proposed home. Staff doesn't feel that articulations in the garage would cause a
safety issue. And lastly, the proposed garage would alter the essential character of its
locality because all homes in Golden Valley are subject to the same side wall
articulation requirement, and a passive home does not require a 3-stall garage without
articulation.
Maxwell asked if a different variance would be required if the garage did have
articulation. McGuire Brigl said no.
Perich asked if the proposed garage is 960 square feet in size. McGuire Brigl said yes
and noted that an average garage is 22 ft. x 22 ft. or 24 ft. x 24 ft. in size.
Maxwell explained that the Board has to consider the four criteria set by state statute,
when considering variance requests. If those criteria aren't met, they can't approve the
request. He questioned what is unique in this case that is not caused by the landowner.
Stephan Tanner, Architect, asked about the intent of the articulation requirement. He
said to him the intent is to improve the design and quality of the neighborhood. He said
articulation in this case would not add to the design or quality, it would distract from it
because it would just make the garage look less architectural. He added that no one will
really be able to see the garage and added that the landowners are coming to Golden
Valley as stewards, interested in the lakeshore and the woods and building a passive
home that will generate more energy than it uses.
Maxwell said the City creates rules and the Board has limited ability to grant exceptions.
He said he thinks the proposed use is reasonable, it is consistent with the City's plans,
the character of the locality isn't really an issue, but he is having difficulty finding a
unique circumstance that is not caused by the landowner because it is new
construction.
Tanner discussed the design approach and said they want to have as much southern
exposure as possible so the house is oriented east/west on the lot. He said he has lake
setbacks and trees to consider and that leaves limitations and limited space in order to
design a passive home.
Minutes of the Golden Valley Board of Zoning Appeals
July 26, 2016
Page 9
Perich asked if the garage would be considered passive if it were articulated. Tanner
said the garage is not considered in the passive calculations. He questioned why he
would make an indentation in the box when it doesn't really affect anyone. He also
questions why they should articulate, just to articulate and reiterated that he doesn't
understand the intent of the ordinance and it seems like a pretty weak controlling
mechanism.
Orenstein noted that there is an appeals process, and that the City Council may have a
solution. Goellner said she is not sure the City Council would approve this variance
request, because they want to see articulation in side walls.
Perich opened the public hearing.
Don Schroeder, Applicant, noted that the garage doors would be set in 8".
Seeing and hearing no one else wishing to comment. Perich closed the public hearing.
Orenstein said he agrees with the architect that it is articulation for the sake of
articulation. He added that the house won't be highly visible and would have very little
impact.
Perich stated that 960 square feet is a large garage. Orenstein said it is not
disproportionate to the house. Perich said he worries about setting a precedent.
Goellner stated that a 40-foot long wall without articulation is quite unprecedented.
Kluchka noted that there was a plan in the agenda packet that shows articulation of the
second garage door and asked if that was proposed by the City or the applicant.
McGuire Brigl said that plan was submitted by the applicant. Kluchka asked if the entry
door could articulate instead of the garage door. Goellner said she doesn't think that
would provide a long enough articulation.
MOVED by Nelson, seconded by Kluchka and motion carried 4 to 1 to deny the
requested variance. Orenstein abstained.
III. Other Business
No other business was discussed.
IV. Adjournment
The meeting was adjourned at 8:35 pm.
David Perich, Chair Lisa Wittman, Administrative Assistant
GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION
Meeting Minutes
April 25, 2016
Present: Commissioners: Roger Bergman, Andy Bukowski, John Cornelius, Kelly
Kuebelbeck, and Bob Mattison. Director of Parks and Recreation, Rick
Birno; and Administrative Assistant, Sheila
Van Sloun. Glenn Waguespack, HGA Architects and Engineers. Pat Dale,
Golden Valley Little League.
Absent: Gillian Rosenquist and Dawn Speltz.
1. Call to Order
Rosenquist called the meeting to order at 7 pm.
2. Approval of Minutes — January 25, 2016
Bergman made the correction of Anne Saffert as present.
MOTION: Moved by Bergman and seconded by Bukowski to approve the
January 25, 2016 minutes as amended. Motion carried unanimously.
3. Golden Valley Little League Update — Pat Dale
Dale gave the Commission a brief update on Golden Valley Little League. He
said there are 205 youth registered this year, which is down from about 235 in
2015. He said the program takes kids as young as'S years old, starting in the
Rookie League. He said that all participants now have to live or attend school in
Golden Valley to participate in the league.
He said Isaacson fields have been great, but added that field two continues to
flood between home plate and the pitching mound. Birno said staff would look
into it. They currently use Isaacson, Seeman, Scheid, Stockman, and other
smaller ball fields for practices.
Mattison asked about the possibility of lights at Isaacson. Dale said the addition
of lights would provide an opportunity to pull practices from other parks, freeing
them up for other uses; as well as more schedule options later in the day. Birno
added that the city will be applying for a grant for the lights at Isaacson. Dale
said the association families are ready to help with fundraising.
4. Community Center Plan Review/Neighborhood Meeting Update
Waguespack said he and city staff met with a few surrounding neighbors on their
concerns with the proposed project. He said they discussed concerns and
screening options along property lines.
Waguespack also gave an updates on the project. He discussed parking, traffic,
bike path, updated design concepts, and building materials. He added that there
are currently 279 parking spots, which will increase to 363 after construction is
complete.
Minutes of the Open Space and Recreation Commission
April 25, 2016
Page 2
Birno added that during construction, there will be limited access to the current
community center, therefore, party rentals will not be taking place during that
time.
5. OSRC Annual Report Review
Mattison gave brief details on the annual report. He said it will be presented to the
Council/Manager meeting on May 10.
6. Wesley Park Signage
Birno showed examples of the new park signage. He plans to change out 4-5
signs per year until all are complete. He asked the commission their opinion on
signage for Wesley Park. The commission agreed that the signs should be
separate and read, "North Wesley Park" and "South Wesley Park."
7. Metro Blue Line Extension Update
Birno said all recommendations discussed by the park commission were
implemented. He said the JPA committee is working with the LRT to get budget
estimates together.
8. Dog Issues in Parks Discussion
Mattison said the issue was brought up from residents in the Lions Park area.
He said there are complaints of people walking their dogs and not picking up
after them. He asked the commission if signage and/or disposal stations are
necessary. After discussion, the commission agreed to monitor the issue and
revisit the options at a later date.
9. Summer Project Updates
Birno shared summer project updates.
- Sandburg Fields are 90% complete. All electrical is in. Turf just needs to grow.
He plans to have a ribbon cutting ceremony sometime in September.
- Brookview Gazebo construction will begin any day. Grand Opening is planned
for July 11.
- Bleachers at Parks will be replaced each year at various parks until all have
been replaced.
- Tennis courts will be resurfaced at Wesley, Medley, and Scheid, or Brookview
and Lions depending on conditions.
- The trail near Laurel Avenue running north and south will be redone.
- Golden Oaks Park will be getting new basketball hoop and a new play
structure.
- Wildwood Park will be getting a new sun shelter and an adjustable basketball
hoop.
- Brookview Park will be getting a new adjustable hoop.
- Lakeview Park shelter building will be getting a new roof and new play
structure.
- Yosemite Park will be getting a swing set, basketball court with adjustable
hoop, and the internal park trail will be redone.
Minutes of the Open Space and Recreation Commission
April 25, 2016
Page 3
10. Staff Updates
a. Discover SLP — Birno said the proposed marketing agreement goes before
the City Council for review on May 10.
b. Deer Removal — Birno said during the 2016 removal, only seven deer were
harvested. He plans to request the same number of permits next year. The
commission suggested turkey removal. Birno plans to explore the option.
c. Recreation Supervisor Position — Birno said the department reorganized
the three Recreation Supervisor positions and advertised for a Recreation
Supervisor for youth programs. They received 120 applications and have
narrowed it down to two finalists. Final interviews are May 2 with an
anticipated start date in late May.
d. Run The Valley — Birno said Brian Erickson has taken over the event,
since Jeanne Fackler's retirement. The event will have over 500 runners.
e. Board and Commission Dinner— Birno said the event is on June 22 at
6:30 pm. Official invitations will be sent out in the near future.
11. Adjournment
MOTION: Moved by Mattison and seconded by Bergman to adjourn at 9:25
pm. Motion carried unanimously.
Bob Mattison, Chair
ATTEST:
Sheila Van Sloun, Administrative Assistant
city 0
golden MEMORANDUM
valley
Physical Development Department
y p p rtment
763-593-80301763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
3. E. 1. Authorize a Professional Engineering Service Agreement for the Decola Pond F Dredging
Project No 16-19
Prepared By
Jeff Oliver P.E., City Engineer
Tom Hoffman, Water Resources Technician
Summary
In 2015, the City retained WSB and Associates, Inc. to complete a Stormwater Pond and Wetland
Assessment which included rating stormwater ponds for needed maintenance. Decola Pond F
showed significant sediment deposition within the limits of the basin which results in decreased
nutrient and sediment removal efficiency. Decola Pond F receives and treats stormwater before
discharging downstream into Honeywell Pond and Bassett Creek.
As a requirement of the City's National Pollution Discharge Elimination System (NPDES) Phase II
Permit, staff has developed a Capital Improvement Plan project to dredge stormwater pond
sediment accumulation. Dredging sediment accumulation increases stormwater treatment
capacity and improves the water quality entering Bassett Creek and other downstream water
bodies.
Staff received a proposal for professional services from WSB and Associates, Inc. to develop plans
for dredging Decola Pond F. The scope of work proposed includes final design, construction
documents, permit coordination, and bidding services at a cost not to exceed $21,750.
Funding for this project will be paid out of the City Capital Improvement Program (CIP). The City's
Storm Sewer Capital Improvement Plan has identified $150,000 for pond dredging in the 2016-
2020 CIP on Page 83.
The proposed anticipated schedule for the Decola Pond F Dredging Project is as follows:
Approve agreement with WSB September 6, 2016
Award contract November 2016
Project substantial completion February 2016
Attachments
• Location Map (1 page)
• Proposal from WSB and Associates Inc. dated 8/19/16 (3 pages)
Recommended Action
Motion to authorize agreement with WSB and Associates, Inc. to provide engineering services for
the Decola Pond F Dredging Project not to exceed $21,750.
Decola Pond F Dreding Project
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WSB
Building a legacy—your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis,MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
August 19,2016
Mr.Jeff Oliver
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Proposal to Complete Final Design for the DeCola Pond F Stormwater Pond
Maintenance/Improvement Project for the City of Golden Valley
Dear Mr.Oliver:
We are pleased to present this work plan to provide professional engineering services to complete final
design for the DeCola Pond F Stormwater Pond Maintenance/Improvement Project. The goal of the
DeCola Pond F maintenance/improvement project is re-establish the stormwater management capacity
of the DeCola Pond F to ensure it continues to meet the City stormwater management needs.
Scope of Engineering Services
Task 1—Project Management and Meetings($1,750)
Project management will be performed throughout the course of the project. Project management will
include attending meetings (developing agendas, preparing handouts/graphics, and completing minutes
as necessary), regular communication with the City,and management of the staff and budget. The
following subtasks are included as part of Project Management:
1.1 Attend design update meetings with City staff.
Deliverables: Two(2)design meetings with City staff(one to discuss plans and preliminary construction
documents and one to deliver final construction documents).
Task 2—Permit Coordination($3,000)
This task consists of coordinating and obtaining the required permits for the proposed pond
maintenance activities. It is anticipated that Army Corps of Engineers Permitting will be required based
on experience with similar projects. In addition,Wetland Conservation Act(WCA) No-Loss decision will
likely also be necessary.
2.1 Army Corps of Engineers approval
2.2 WCA No-Loss decision
Deliverables: Necessary Permitting Documentation for the Army Corps of Engineers and WCA. This task
does not include any necessary permit application fees,these will be passed on to the City if applicable.
Equal Opportunity Employer
wsbeng.com
W:\PFopo h\Goldin Valley\LTR PROP D rC IaF GoldmWileY_=116.dxa
Mr. Oliver
August 19, 2016
Page 2
Task 3—Construction Documents($11,800)
This task consists of completing construction plans, specifications,and bidding documents for all pond
improvement and maintenance activities associated with DeCola Pond F. Plans will be developed using
recent pond inspection data. In addition, one site visit is anticipated to confirm construction access and
other constructability details. Plans are anticipated to include: cover sheet, details, grading plan,
restoration, and site access/traffic control. In addition, an Engineer's cost estimate will be developed to
verify consistency between the proposed improvements and the City's budget.
This scope assumes answering questions during the bid process to help facilitate the understanding of
construction expectations. It is important to note that this task does not include negotiating site access
with property owners and obtaining temporary easements or right-of-entry; however,we can assist with
this as needed.
3.1 Prepare draft construction plans, specification, and updated cost estimate.
3.2 Finalize construction plans,specification,and bidding documents based on feedback from
City staff.
Deliverables: Final Plans,Specifications, and Bid Documents.
Task 4—Construction Management($5,200)
Construction management will be performed throughout the course of the construction schedule. This
will include attending the preconstruction meeting,attending weekly progress meetings throughout the
project, and other necessary construction coordination.
This task will include necessary construction staking for the construction of the proposed improvements.
This will also include survey verification and record drawing completion for each of the improvements.
This task does not include full-time inspection (this can be provided for additional cost if desired by the
City).
4.1 Attend preconstruction meeting and weekly construction meetings.
4.2 Construction Staking
4.3 Record drawings
Deliverables: Four(4)meetings(one(1)preconstruction meeting, three (3)construction meetings), and
Record Drawings.
Total Estimated Engineering Fee
The cost to provide the scope of services outlined in this proposal will be billed hourly, based on our
current hourly rates. We are proposing to complete the DeCola Pond F Improvement/Maintenance
Project for a not-to-exceed fee of$21,750.
W:\Propo h\Golden V*Dey\LTR PROP OeColaf GoldmVelley_OW116.do x
Mr. Oliver
August 19,2016
Page 3
If you are in agreement with the scope of services outlined above, please sign where indicated below
and return one copy to our office. If you should have any questions regarding this proposal, please
contact me at 763-231-4861.
Sincerely,
WSB&Assoc* c.
Jake Newhall, PE
Project Manager
J m h/ef
ACCEPTED BY: CITY OF GOLDEN VALLEY,MINNESOTA
The City of Golden Valley hereby authorizes WSB&Associates, Inc.to complete Tasks 1—4 for a not
to exceed cost of$21,750.
Signature:
Name:
Title:
Date:
Signature:
Name:
Title:
Date:
W:\PrW—h\rodeo Velley\LTR FROG D.QW.F"1d..aRey_M116.d-.
city 0
golden 1 MEMORANDUM
Va, e� Am
1 d inistrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
3. F. Call for Public Hearing- Certification of Special Assessments
Prepared By
Sue Virnig, Finance Director
Summary
At this meeting, the City Council should call for a public hearing for October 5, 2016, at 6:30 pm
to consider certifying the following special assessments:
2016 Delinquent Utility Bills
2016 Miscellaneous Charges - Includes false alarm responses, weed cutting,
administrative citations,tree removals, etc.
Recommended Action
Motion to call a public hearing for certification of special assessments for Wednesday, October 5,
2016, at 6:30 pm.
city 0f
golden MEMORANDUM
wall�V Administrative Services Department
J 763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
3. G. Authorizing Issuance and Sale of: $3,795,000 General Obligation Storm Sewer Revenue
Bonds, Series 2016D
Prepared By
Susan Virnig, Finance Director
Summary
The proceeds of the $3,795,000 General Obligation Bonds Storm Sewer Bonds, Series 2016D will
finance various storm water improvements located in DeCola Ponds area of the City of Golden
Valley. The bonds will be paid back from the tax increment collected in the Winnetka and
Medicine Lake Rd Tax Increment District.
If approved, the bids will be received on September 20, 2016, and awarded after the Council
consideration.
Attachments
• Resolution Authorizing Issuance and Sale of: $3,795,000 General Obligation Storm Sewer
Revenue Bonds, Series 2016D (1 page)
Recommended Action
Motion to adopt Resolution authorizing Issuance and Sale of: $1,290,000 General Obligation
Storm Sewer Revenue Bonds, Series 2016D.
Resolution 16-49 September 6, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
GENERAL OBLIGATION STORM SEWER REVENUE BONDS,
SERIES 2016D
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the
City), as follows:
Section 1. PURPOSE. It is hereby determined to be in the best interests of the City
to issue its General Obligation Storm Sewer Revenue Bonds, Series 2016A, in the
approximate principal amount of$3,780,000 (the Bonds), pursuant to Minnesota Statutes,
Sections 444.075 and 469.174 through 469.1794, as amended, to finance various
stormwater improvement projects in the City.
Section 2. TERMS OF PROPOSAL. Springsted Incorporated, municipal advisor to
the City, has presented to this Council a form of Terms of Proposal for the Bonds which is
attached hereto and hereby approved and shall be placed on file by the Clerk. Each and all
of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions
of the Bonds and of the sale thereof. Springsted Incorporated is hereby authorized,
pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit
proposals for the Bonds on behalf of the City on a competitive basis without requirement of
published notice.
Section 3. SALE MEETING. This Council shall meet on September 20, 2016, at 6:30
p.m. for the purpose of considering proposals for the purchase of the Bonds and of taking
such action thereon as may be in the best interests of the City.
Shepard 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 0f
go 1 d e nMEMORANDUM
11 VC�. ey Administrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
3. H. Approve Requests for Beer and/or Wine at Brookview Park
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use
alcoholic beverages on any City park property, unless permission is granted by the Council." As
part of the application process for a Facilities Use Permit to use the large and small picnic shelters
at Brookview Park the applicant has the option to pay an additional $30 to be able to serve beer
and/or wine. Attached is a list of the individuals and/or organizations who have requested that
option.
Attachments
• Beer and/or wine request list (1 page)
Recommended Action
Motion to approve requests for beer and/or wine at Brookview Park as recommended by staff.
BEER AND/OR WINE REQUEST LIST
CC DATE
INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER APPROVED
Taylor, Anne 09-07 5 pm-10 pm Small 09-06-16
Sierze, Andrew 09-15 5 pm-10 pm Large 09-06-16
Thoen, Anna 09-16 11 am - 4 pm Small 09-06-16
Kruger, Megan 09-22 5 pm-10 pm Small 09-06-16
Petersen, Brian 09-24 5 pm-10 pm Large 09-06-16
Temple, Alena 09-25 5 pm-10 pm Large 09-06-16
Wienke, Duane 09-29 5 pm-10 pm Large 09-06-16
Neum, Deanne 10-08 11 am - 4 pm Large 09-06-16
city0f
golden MEMORANDUM11eyVCity Administration/Council
763-593-8003/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
3. I. Board/Commission Appointments
Prepared By
Shep Harris, Mayor
Summary
Each year the City Council conducts interviews with persons who have applied to serve on a
board and/or commission. After the interviews are conducted the Council makes their
appointments.
Recommended Action
Motion to make the following appointments:
Human Rights Commission
Gloria Peck 2 year term term expires - May, 2018
Hattie Bonds 3 year term term expires - May, 2019
Kyle Pettersen-Scott 3 year term term expires - May, 2019
Human Services Fund
Peder Hanson 3 year term term expires- May, 2019
Planning Commission
Amy Blenker 1 year term term expires- May, 2019
city 0f
golden MEMORANDUM
valley
Administrative Services a ces Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
4. A. Public Hearing- First Consideration of an Ordinance Providing for a Local Lodging Tax
Prepared By
Sue Virnig, Finance Director
Rick Birno, Park & Recreation Director
Summary
Staff has been working with St. Louis Park Convention and Visitors Bureau (DSLP) and the City of
St. Louis Park to develop a partnership to create a Convention and Visitors Bureau (CVB) for the
City of Golden Valley. On May 17, 2016, the City authorized a Marketing and Service Agreement
with the St. Louis Park Convention and Visitors Bureau. On August 15, the City of St Louis Park
approved the ratification of the Master Marketing Agreement between Discover St. Louis Park
(DSLP) and the City of Golden Valley.
Staff is recommending the following Ordinance amending the City Code for a new section
providing a Local Lodging Tax. MN Statute 469.190, Subdivision 1 authorizes local governments to
adopt an ordinance imposing a tax of up to three percent (3%) of the gross receipts of lodging at
a hotel, motel, rooming house, tourist court, or resort, other than renting or leasing of it for
continuous period of thirty (30) days or more. The proposed Ordinance provides for a 3% lodging
tax. Under the proposed Ordinance, the tax shall be paid to the City by the operator of the local
lodging establishment (of which there are currently two) not later than 25 days after the end of
the month in which the taxes are collected. At least 95% of the proceeds obtained from the
collection of taxes would fund the CVB for the purpose of marketing and promoting the City,
support community growth, stimulate economic development and bring visitors to Golden Valley
to enjoy our parks, community amenities and grow our local businesses.
Two hotels are located in the City of Golden Valley. Those hotels are:
Holiday Inn Express, 6051 Golden Hills Drive (117 hotel rooms)
Ramada (formerly Super 8), 6300 Wayzata Blvd (127 Hotel Rooms)
The Ordinance requires two considerations. This meeting is the first consideration and a public
hearing to provide the community and local hotels the opportunity to comment. The hearing
notice was published on August 25 in the Sun Post along with notices to the hotels. The second
consideration would be held on September 20 and is not a public hearing.
Attachments
• Underlined/Overstruck Version of Section 6.28: Local Lodging Tax (3 pages)
• Ordinance No. 612, Section 6.28: Local Lodging Tax (4 pages)
Recommended Action
Motion to adopt first consideration of Ordinance #612 providing for a Local Lodging Tax.
§ 6.28
Section 6.28: Local Lodging Tax
Subdivision 1. Definitions
Unless otherwise expressly stated wherever used in this Section, the following
terms are defined as follows:
A. Lodging: The furnishing for consideration of lodging at a hotel motel
rooming house, tourist court, or resort, other than the renting or leasing of it
for a continuous period of thirty (30) days or more. The furnishing of rooms
owned by religious, educational or nonprofit organizations for self-sponsored
activities shall not constitute "lodging" for purposes of this Section.
B. Operator: A person who provides lodging to others or any office agent or
employee of such person.
Subdivision 2. Imposition of Tax
There is hereby imposed a tax of three percent (3%) on the gross receipts from the
furnishing for consideration of lodging_
Subdivision 3. Collection
Each operator shall collect the tax imposed by this Section at the time rent is paid
The tax collections shall be held in trust by the operator for the City. The amount of
tax shall be separately stated from the rent charged for the lodging. It shall be
unlawful for any operator to advertise or hold out or state to the public or any
customer, directly or indirectly, that the tax or any party thereof will be assumed or
absorbed by the operator, or that it will not be added to the rent or that, if added, it
or any part thereof will be refunded. In computing the tax to be collected amounts
of tax less than one cent ($0.01) shall be considered an additional cent ($0.01)
Subdivision 4. Payment and Returns
The taxes imposed by this Section shall be paid by the operator to the City not later
than twenty-five (25) days after the end of the month in which the taxes were
collected. At the time of payment the operator shall submit a return upon such
forms and containing such information as the City may require The return shall
contain the following minimum information:
A. The total amount of rent collected for lodging during the period covered by
the return.
B. The amount of tax required to be collected and due for the period
C. The signature of the person filing the return or that of his agent duly
authorized in writing.
D. The period covered by the return.
Golden Valley City Code Page 1 of 3
§ 6.28
E. The amount of uncollectible rental charges subject to the lodging tax.
The operator may offset against the taxes payable with respect to any reporting
period the amount of taxes imposed by this Section previously paid as a result of
any transaction the consideration for which became uncollectible during such
reporting period, but only in proportion to the portion of such consideration which
became uncollectible.
Subdivision 5. Examination of Returns, Adjustments, Notices and
Demands
After a return is filed, the City shall examine it and make any investigation or
examination of the records and accounts of the person making the return deemed
necessary for determining its correctness, including any records or tax returns filed
with the state. The tax computed on the basis of such examination shall be the tax
to be paid. If the tax due is found to be greater than that paid, such excess shall be
paid to the City within ten (10) days after receipt of a notice thereof given either
personally or sent by registered mail to the address shown on the return. If the tax
paid is greater than the tax found to be due, the excess shall be refunded to the
person who paid the tax to the City within ten (10) days after determination of such
refund.
Subdivision 6. Refunds
Any person may apply to the City for a refund of taxes paid for a prescribed period
in excess of the amount legally due for that period, provided that no application for
refund shall be considered unless filed within one year after such tax was paid, or
within one year from the filing of the return, whichever period is the longer. The
City shall examine the claim and make and file written findings thereon denying or
allowing the claim in whole or in part and shall mail a notice thereof by registered
mail to such person at the address stated upon the return. If such claim is allowed
in whole or in part, the City shall credit the amount of the allowance against any
taxes due under this Section from the claimant and the balance of the allowance, if
any, shall be paid by the City to the claimant.
Subdivision 7. Failure to File a Return
If any operator required by this Section to file a return shall fail to do so within the
time prescribed, or shall make, willfully or otherwise, an incorrect false, or
fraudulent return, the operator shall, upon written notice and demand file such
return or corrected return within five (5) days of receipt of such written notice and
shall at the same time pay any tax due on the basis thereof. If such person shall
fail to file such return or corrected return, the City shall make a return or corrected
return, for such person from such knowledge and information as the City can
obtain and assess a tax on the basis thereof, which tax (less any payments
theretofore made on account of the tax for the taxable period covered by such
return) shall be paid within five (5) days of the receipt of written notice and
demand for such payment. Any such return or assessment made by the City shall
be prima facie correct and valid, and such person shall have the burden of
establishing its incorrectness or invalidity in any action or proceeding in respect
thereto If any portion of a tax imposed by this Section, including penalties thereon,
Golden Valley City Code Page 2 of 3
§ 6.28
is not paid within thirty (30) days after it is required to be paid the City may
institute such legal action as may be necessary to recover the amount due plus
interest, penalties, the costs and disbursements of any action Upon a showing of
good cause, the City may grant an operator one thirty (30) day extension of time
within which to file a return and make payment of taxes as required by this Section
provided that interest during such period of extension shall be added to the taxes
due at the rate of ten percent (10%) per annum
Subdivision 8. Penalties
If any tax imposed by this Section is not paid within the time therein specified for
the payment, or an extension thereof, there shall be added thereto a specific
penalty equal to ten percent 10%) of the amount remaining unpaid The amount of
tax not timely paid, together with any penalty provided by this Section shall bear
interest at the rate of eight percent (8%) per annum from the time such tax should
have been paid until paid Any interest and penalty shall be added to the tax and be
collected as part thereof.
Subdivision 9. Violations
Any person who shall willfully fail to make a return required by this Section; or who
shall fail to pay the tax after written demand for payment or who shall fail to remit
the taxes collected or any penalty or interest imposed by this Section after written
demand for such payment or who shall refuse to permit the City to examine the
books, records and papers under his or her control or who shall willfully make any
incomplete, false or fraudulent return shall be guilty of a misdemeanor.
Subdivision 10. Use of Proceeds
At least ninety-five percent (95%) of the proceeds obtained from the collection of
taxes pursuant to this Section shall be used in accordance with Minnesota Statutes
section 469.190 as the same may be amended from time to time to fund a local
convention or tourism bureau for the purpose of marketing and promoting the City
as a tourist or convention center, including any local convention or tourism bureau
under which the City partners with one more or more other cities to jointly market
and promote the City and the partner cities.
Subdivision 11. Appeals
Any operator directly affected by any notice, order or determination made by the
City under this Section shall have the right to appeal to a hearing officer in an
administrative hearing as provided for in City Code, Section 2.91 The City Council
may establish a fee that must accompany any such appeal under this Section
Golden Valley City Code Page 3 of 3
ORDINANCE NO. 612, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 6 to add a
New Section Providing a Local Lodging Tax
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code, Chapter 6 is hereby amended by adding a new Section 6.28,
entitled "Local Lodging Tax," reading as follows
Section 6.28: Local Lodging Tax
Subdivision 1. Definitions
Unless otherwise expressly stated, wherever used in this Section, the following terms are
defined as follows:
A. Lodging: The furnishing for consideration of lodging at a hotel, motel, rooming
house, tourist court, or resort, other than the renting or leasing of it for a
continuous period of thirty (30) days or more. The furnishing of rooms owned by
religious, educational or nonprofit organizations for self-sponsored activities shall
not constitute "lodging" for purposes of this Section.
B. Operator: A person who provides lodging to others, or any office, agent or
employee of such person.
Subdivision 2. Imposition of Tax
There is hereby imposed a tax of three percent (3%) on the gross receipts from the
furnishing for consideration of lodging.
Subdivision 3. Collection
Each operator shall collect the tax imposed by this Section at the time rent is paid. The tax
collections shall be held in trust by the operator for the City. The amount of tax shall be
separately stated from the rent charged for the lodging. It shall be unlawful for any operator
to advertise or hold out or state to the public or any customer, directly or indirectly, that the
tax or any party thereof will be assumed or absorbed by the operator, or that it will not be
added to the rent or that, if added, it or any part thereof will be refunded. In computing the
tax to be collected, amounts of tax less than one cent ($0.01) shall be considered an
additional cent ($0.01).
Subdivision 4. Payment and Returns
The taxes imposed by this Section shall be paid by the operator to the City not later than
twenty-five (25) days after the end of the month in which the taxes were collected. At the
time of payment the operator shall submit a return upon such forms and containing such
information as the City may require. The return shall contain the following minimum
information:
A. The total amount of rent collected for lodging during the period covered by the
return.
Ordinance No. 612 -2- September 6, 2016
B. The amount of tax required to be collected and due for the period.
C. The signature of the person filing the return or that of his agent duly authorized in
writing.
D. The period covered by the return.
E. The amount of uncollectible rental charges subject to the lodging tax.
The operator may offset against the taxes payable with respect to any reporting period, the
amount of taxes imposed by this Section previously paid as a result of any transaction the
consideration for which became uncollectible during such reporting period, but only in
proportion to the portion of such consideration which became uncollectible.
Subdivision 5. Examination of Returns, Adjustments, Notices and Demands
After a return is filed, the City shall examine it and make any investigation or examination
of the records and accounts of the person making the return deemed necessary for
determining its correctness, including any records or tax returns filed with the state. The tax
computed on the basis of such examination shall be the tax to be paid. If the tax due is
found to be greater than that paid, such excess shall be paid to the City within ten (10)
days after receipt of a notice thereof given either personally or sent by registered mail to
the address shown on the return. If the tax paid is greater than the tax found to be due, the
excess shall be refunded to the person who paid the tax to the City within ten (10) days
after determination of such refund.
Subdivision 6. Refunds
Any person may apply to the City for a refund of taxes paid for a prescribed period in
excess of the amount legally due for that period, provided that no application for refund
shall be considered unless filed within one year after such tax was paid, or within one year
from the filing of the return, whichever period is the longer. The City shall examine the
claim and make and file written findings thereon denying or allowing the claim in whole or
in part and shall mail a notice thereof by registered mail to such person at the address
stated upon the return. If such claim is allowed in whole or in part, the City shall credit the
amount of the allowance against any taxes due under this Section from the claimant and
the balance of the allowance, if any, shall be paid by the City to the claimant.
Subdivision 7. Failure to File a Return
If any operator required by this Section to file a return shall fail to do so within the time
prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the
operator shall, upon written notice and demand, file such return or corrected return within
five (5) days of receipt of such written notice and shall at the same time pay any tax due on
the basis thereof. If such person shall fail to file such return or corrected return, the City
shall make a return or corrected return, for such person from such knowledge and
information as the City can obtain, and assess a tax on the basis thereof, which tax (less
any payments theretofore made on account of the tax for the taxable period covered by
such return) shall be paid within five (5) days of the receipt of written notice and demand
for such payment. Any such return or assessment made by the City shall be prima facie
correct and valid, and such person shall have the burden of establishing its incorrectness
Ordinance No. 612 -3- September 6, 2016
or invalidity in any action or proceeding in respect thereto. If any portion of a tax imposed
by this Section, including penalties thereon, is not paid within thirty (30) days after it is
required to be paid, the City may institute such legal action as may be necessary to recover
the amount due plus interest, penalties, the costs and disbursements of any action. Upon a
showing of good cause, the City may grant an operator one thirty (30) day extension of
time within which to file a return and make payment of taxes as required by this Section
provided that interest during such period of extension shall be added to the taxes due at
the rate of ten percent (10%) per annum.
Subdivision 8. Penalties
If any tax imposed by this Section is not paid within the time therein specified for the
payment, or an extension thereof, there shall be added thereto a specific penalty equal to
ten percent (10%) of the amount remaining unpaid. The amount of tax not timely paid,
together with any penalty provided by this Section, shall bear interest at the rate of eight
percent (8%) per annum from the time such tax should have been paid until paid. Any
interest and penalty shall be added to the tax and be collected as part thereof.
Subdivision 9. Violations
Any person who shall willfully fail to make a return required by this Section; or who shall fail
to pay the tax after written demand for payment, or who shall fail to remit the taxes
collected or any penalty or interest imposed by this Section after written demand for such
payment or who shall refuse to permit the City to examine the books, records and papers
under his or her control, or who shall willfully make any incomplete, false or fraudulent
return shall be guilty of a misdemeanor.
Subdivision 10. Use of Proceeds
At least ninety-five percent (95%) of the proceeds obtained from the collection of taxes
pursuant to this Section shall be used in accordance with Minnesota Statutes, section
469.190 as the same may be amended from time to time to fund a local convention or
tourism bureau for the purpose of marketing and promoting the City as a tourist or
convention center, including any local convention or tourism bureau under which the City
partners with one more or more other cities to jointly market and promote the City and the
partner cities.
Subdivision 11. Appeals
Any operator directly affected by any notice, order or determination made by the City under
this Section shall have the right to appeal to a hearing officer in an administrative hearing
as provided for in City Code, Section 2.91. The City Council may establish a fee that must
accompany any such appeal under this Section.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Ordinance No. 612 -4- September 6, 2016
Adopt by the City Council this 6th day of September, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
City 0
olden MEMORANDUM
g
wallAdministrative Servi
ey ces Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
6. A. Financing for the New Brookview Community Center
Prepared By
Susan Virnig, Finance Director
Summary
The Brookview Community Center replacement process began in 2014 and included a feasibility
study and design proposal, work by a City Council-appointed a citizen task force to focus on
vision, guiding principles, and potential program areas, and many public input meetings along
with information in the CityNews, Sun Post and the city's website. In November 2015, the City
Council authorized staff to move forward on a proposed design for a 37,000-square-foot building
to be constructed just south of the existing 19,000-square-foot community center.
The Golden Valley Housing and Redevelopment Authority (GVHRA) considered a resolution on
September 6 that provided for the redevelopment of certain land in the City and the construction
of the new community center. That included the approval of a ground lease, lease-purchase
agreement, trust indenture, and authorization for sale of bonds.
The City will consider the resolution authorizing the execution of a ground lease and lease-
purchase agreement and allowing the issuance of lease revenue bonds by the GVHRA.
Attachments
• Resolution Relating to the Issuance by the Golden Valley Housing and Redevelopment
Authority of Lease Revenue Bonds; Authorizing the Execution of a Ground Lease and Lease-
Purchase Agreement Providing for the Lease of Certain Property (6 pages)
• Ground Lease by and between the City of Golden Valley and the Golden Valley Housing and
Redevelopment Authority (16 pages)
• Lease-Purchase Agreement by and between the Golden Valley Housing and Redevelopment
Authority and the City of Golden Valley (36 pages)
Recommended Action
Motion to adopt Resolution relating to the issuance by the Golden Valley Housing and
Redevelopment Authority of Lease Revenue Bonds; authorizing the execution of a Ground Lease
and Lease-Purchase Agreement providing for the Lease of Certain Property.
Resolution 16-50 September 6, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO THE ISSUANCE BY THE CITY HOUSING
AND REDEVELOPMENT AUTHORITY OF LEASE REVENUE BONDS; AUTHORIZING
THE EXECUTION OF A GROUND LEASE AND LEASE-PURCHASE
AGREEMENT PROVIDING FOR THE LEASE OF CERTAIN PROPERTY
WHEREAS, the Housing and Redevelopment Authority of the City of Golden Valley,
Minnesota (the "Authority") is authorized by Minnesota Statutes, Section 469.012,
subdivision 1(h), to undertake redevelopment projects; and
WHEREAS, the Authority is authorized by said section and Section 471.64 to make
any of its land in a redevelopment project available for use by public agencies by sale,
lease or otherwise; and
WHEREAS, the City of Golden Valley, Minnesota (the "City") and the Authority have
determined that it is in the best interests of the City and its residents to provide for the
redevelopment of certain land in the City and the construction of a new community center
facility (the "Project"); and
WHEREAS, the City has agreed is to convey its interest in the real property
comprising the Project to the Authority and the Authority has agreed to issue its lease
revenue bonds (the "Bonds") pursuant to Minnesota Statutes, Section 469.033, for the
purpose of financing all or a portion of the costs of the Project; and
WHEREAS, the City will lease-purchase the Project back from the Authority, as
improved, pursuant to Minnesota Statutes, Section 465.71, in exchange for rental
payments; and
WHEREAS, the Bonds will be payable from such rental payments received by the
Academy from the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (the
"Council") as follows:
1. Authorization. The City is authorized by Minnesota Statutes, Sections 471.64
to lease real property and by said section and Minnesota Statutes, Section 465.71 to lease
real and personal property with an option to purchase under a lease-purchase agreement,
provided that the City retains the right to terminate said lease-purchase agreement at the
end of any fiscal year during its term.
2. Ground Lease and Lease. It is hereby found, determined and declared to be
necessary and desirable and in the best interest of the City to enter into a Ground Lease
with the City, as lessor, and the Authority, as lessee (the "Ground Lease") and a Lease-
Purchase Agreement (the "Lease") with the Authority, as lessor, and the City, as lessee, in
order to provide for the construction of the Project by the Authority and the lease of the
Project to the City. The Council hereby approves the forms of the Ground Lease and the
Lease attached as exhibits hereto. The Mayor and City Manager, or their authorized
Resolution 16-50 -2- September 6, 2016
designees, are hereby authorized and directed to execute and deliver the Ground Lease
and the Lease and such other documents which are required to accomplish the issuance of
the Bonds in the name of and on behalf of the City with such variations, omissions,
deletions and insertions as the Chair and City Manager, or their authorized designees, shall
approve, which approval shall be conclusively presumed by the execution and delivery of
the Ground Lease and the Lease. All of the provisions of the Ground Lease and Lease,
when executed and delivered as authorized herein, will be deemed to be a part of this
resolution as fully and to the same extent as if incorporated herein and such provisions will
be in full force and effect from the date of execution and delivery thereof.
3. Net Debt. The obligation created by the Lease in excess of $1,000,000 shall,
as provided in Minnesota Statutes, Section 465.71, be included in the calculation of net
debt of the City for purposes of Minnesota Statutes, Section 475.53, and such obligation
does not cause the net debt of the City to exceed its debt limit.
4. General Tax Covenant. The City agrees 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 Project Fund
established pursuant to the Trust Indenture between the Authority and U.S. Bank National
Association relating to the Bonds (the "Indenture") will be expended solely for the payment
of the costs of the Project as set forth in the Indenture. So long as any Bonds are
outstanding, the City shall not enter into any contract for the sale of all or a portion of the
Project financed by such Bonds or enter into any lease, management contract, use
agreement or other agreement with any non-governmental person relating to the use of all
or a portion of the Project financed by such Bonds or security for the payment of such
Bonds which might cause such Bonds to be considered "private activity bonds" or "private
loan bonds" pursuant to Section 141 of the Code.
5. Authority Resolution. The Council hereby approves the sale and issuance of
the Bonds pursuant to the Indenture and the resolution of the Authority with respect to the
Bonds adopted as of the date hereof (the "Authority Resolution"). In connection with the
disclosure requirements set forth in Section 7.05 of the Authority Resolution, the officers of
the City are hereby authorized and directed to supply to the Authority such updated
financial and other information relating to the City as may be required from time to time by
the Authority so as to permit the Authority to comply with the terms of said Section 7.05.
6. 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 Securities Exchange Commission (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
Resolution 16-50 -3- September 6, 2016
agreements for the benefit of the Owners (as hereinafter defined) from time to time of the
Outstanding Bonds. The Authority and the City are the only obligated persons 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. If the City fails to comply with any provisions
of this section, any person aggrieved thereby, including the Owners of any Outstanding
Bonds, may take whatever action at law or in equity may appear necessary or appropriate
to enforce performance and observance of any agreement or covenant contained in this
section, including an action for a writ of mandamus or specific performance. Direct, indirect,
consequential and punitive damages shall not be recoverable for any default hereunder to
the extent permitted by law. Notwithstanding anything to the contrary contained herein, in
no event shall a default under this section constitute a default under the Bonds or under
any other provision of this resolution. As used in this section, Owner or Bondowner means,
in respect of a Bond, the registered owner or owners thereof appearing in the bond register
maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if
such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in
form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial
Owner means, in respect of a Bond, any person or entity which (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 twelve months after the end of each fiscal year of the City,
commencing with the fiscal year ending December 31, 2016, the following
financial information and operating data in respect of the City (the "Disclosure
Information"):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of
operations, changes in fund balances and cash flows for the fiscal year then
ended, showing in comparative form such figures for the preceding fiscal
year of the City, prepared in accordance with generally accepted accounting
principles promulgated by the Financial Accounting Standards Board as
modified in accordance with the governmental accounting standards
promulgated by the Governmental Accounting Standards Board or as
otherwise provided under Minnesota law, as in effect from time to time, or, if
and to the extent such financial statements have not been prepared in
accordance with such generally accepted accounting principles for reasons
beyond the reasonable control of the City, noting the discrepancies
therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the City; and
(B) to the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period
most recently available of the type contained in the Official Statement under
Resolution 16-50 -4- September 6, 2016
headings: City Property Values; City Indebtedness; and City Tax Rates,
Levies and Collections.
Notwithstanding the foregoing paragraph, if the audited financial statements are not
available by the date specified, the Ciy shall provide on or before such date unaudited
financial statements in the format required for the audited financial statements as part of
the Disclosure Information and, within 10 days after the receipt thereof, the City shall
provide the audited financial statements. Any or all of the Disclosure Information may be
incorporated by reference, if it is updated as required hereby, from other documents,
including official statements, which have been submitted to each of the repositories
hereinafter referred to under subsection (c) or the SEC. If the document incorporated by
reference is a final official statement, it must be available from the Municipal Securities
Rulemaking Board (the WSRB"). 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 or the Authority
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 Authority or 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 10 business days, to the MSRB through
EMMA, 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 security or other material events affecting
the tax status of the Bonds;
(G) modifications to rights of holders of the Bonds, if material;
(H) bond calls, if material, and tender offers;
(1) defeasances;
(J) release, substitution or sale of property securing repayment of the Bonds,
if material;
Resolution 16-50 -5- September 6, 2016
(K) rating changes;
(L) bankruptcy, insolvency, receivership, or similar event of the obligated
person;
(M) the consummation of a merger, consolidation, or acquisition involving the
City or the sale of all or substantially all of the assets of the City, 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.
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 governing 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.
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.
(3) In a timely manner, to the MSRB through EMMA, 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 (c)(1) at the time specified
thereunder;
(B) the amendment or supplementing of this section pursuant to
subsection (e), together with a copy of such amendment or
supplement;
(C) the termination of the obligations of the City under this section
pursuant to subsection (e);
(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.
Resolution 16-50 -6- September 6, 2016
(c) Identifying Information to Accompany Documents. All documents provided to the
MSRB shall be accompanied by identifying information as prescribed by the MSRB.
(d) Term; Amendments; Interpretation. 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. This section may be amended or supplemented by the City from time
to time, without notice to or the consent of the Owners of any Bonds, by a resolution of this
Board 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 Authority or the City or the type
of operations conducted by the Authority or the City, or (b) is required by, or better complies
with, the provisions of paragraph (d)(2) of the Rule; (ii) this section as so amended or
supplemented would have complied with the requirements of paragraph (d)(2) 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. This section is entered into to comply with,
and should be construed so as to satisfy the requirements of, paragraph (d)(2) of the Rule.
BE IT FINALLY RESOLVED that this resolution shall be in full force and effect from
and after its passage and that a certified copy hereof shall be provided to the Authority.
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.
Draft(8/31/16)
GROUND LEASE
by and between
CITY OF GOLDEN VALLEY,MINNESOTA
as Lessor
and the
HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF GOLDEN
VALLEY,MINNESOTA
as Lessee
Dated as of October 1, 2016
Relating to:
LEASE REVENUE BONDS (COMMUNITY CENTER PROJECT), SERIES 2016
This instrument drafted by:
Dorsey&Whitney LLP
Suite 1500
50 South Sixth Street
Minneapolis, Minnesota 55402
(612) 340-2600
GROUND LEASE
This GROUND LEASE dated as of October 1, 2016 (the "Ground Lease") is executed
by and between the CITY OF GOLDEN VALLEY, MINNESOTA, a political subdivision of
the State of Minnesota, as lessor (the "City"), and the HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF GOLDEN VALLEY, MINNESOTA, a body corporate
and politic of the State of Minnesota, as lessee (the "Authority").
RECITALS
WHEREAS, the City is the owner of the land described in Exhibit A, located in
Hennepin County, Minnesota(the"Land"); and
WHEREAS, the City proposes to lease the Land to the Authority and sublease the Land
and lease certain improvements constructed thereon consisting of a new community center (the
"Improvements," and together with the Land, the "Project") from Authority pursuant to a Lease-
Purchase Agreement dated as of the date hereof, by and between Authority and the City (the
"Lease").
NOW, THEREFORE, for and in consideration of the Project and the mutual covenants
hereinafter contained, the parties hereto hereby formally covenant, agree and bind themselves as
follows:
2
ARTICLE I
DEMISE OF LAND; WARRANTIES
Section 1.1. Demise. Subject to and upon the terms, conditions, covenants and
undertaking hereinafter set forth, the City hereby demises and leases to Authority, and Authority
hereby leases from the City FOR THE SUM OF ONE DOLLAR ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the real
property legally described in Exhibit A, located in Hennepin County, Minnesota, for a term
commencing on the date on which this Ground Lease is executed, and ending on
[ , 201, unless the term of this Ground Lease is terminated earlier in accordance
with the provisions of Section 3.1.
Section 1.2. City Warranties. The City covenants and warrants to Authority that
(a) the City has good and merchantable title to the Land;
(b) the City has authority to enter into, execute and deliver this Ground Lease, and
that the City has duly authorized the execution and delivery of this Ground Lease;
(c) the Land is not subject to any dedication, easement, right of way, reservation in
patent, covenant, condition, restriction, lien or encumbrance which would prohibit
or materially interfere with the construction and use of the Improvements on the
Land, as contemplated by the Lease;
(d) all taxes, assessments or impositions of any kind with respect to the Land, except
current taxes,have been paid in full.
(e) the Land is properly zoned for the purpose of the Improvements; and
(f) the City has authority to enter into, execute and deliver the Lease, and that the
City has duly authorized the execution and delivery of the Lease.
Section 1.3. Authority Warranties. The Authority covenants and warrants to the City
that the Authority has authority to enter into, execute and deliver this Ground Lease and the
Lease, and that the Authority has duly authorized the execution and delivery of this Ground
Lease and the Lease.
3
ARTICLE II
RESERVED
4
ARTICLE I
C I
TERMINATION
Section 3.1. Termination. Subject to the other provisions of this Ground Lease,this
Ground Lease shall terminate prior to [ , 20_] upon the occurrence of any Y one of the
following events:
(a) payment by the City of all Rental Payments (as such term is defined in the Lease)
and other amounts owing to Authority under the Lease;
(b) termination of the Lease by the City for nonappropriation of funds necessary to
pay Rental Payments in any fiscal year pursuant to the Lease and receipt by
Authority of amounts from the sublease and/or lease of Authority's leasehold
interest in the Land and interest in the Improvements sufficient to:
i. reimburse Authority for all administrative costs and all other liability or
expenses, including reasonable attorneys' and accountants' fees, incurred
by Authority as a result of the termination of the Lease and the exercise
of Authority's remedies thereunder;
ii. reimburse Authority for all capital costs and expenses in any manner
incurred by Authority with respect to the Improvements and the Land
reasonably necessary in order to render the Improvements and the Land
suitable for sublease and/or lease for commercial or other lawful purpose;
and
iii. pay to Authority an amount which will equal the outstanding principal
amount under the Lease applicable on the last day of the fiscal year of the
City for which the Lease last remains in effect;
(c) termination of the Lease by Authority upon the occurrence of an event of default
by the City thereunder and receipt by Authority of amounts from the sublease
and/or lease of Authority's leasehold interest in the Land and interest in the
Improvements sufficient to:
i. reimburse Authority for all administrative costs and all other liability or
expenses, including reasonable attorneys' and accountants' fees, incurred
by Authority as a result of the event of default and termination of the
Lease and the exercise of Authority's remedies thereunder;
ii. reimburse Authority for all capital costs and expenses in any manner
incurred by Authority with respect to the Improvements and the Land
reasonably necessary in order to render the Improvements and the Land
suitable for sublease and/or lease for commercial or other lawful
purposes;
5
pay to Authority an amount which will equal the outstanding principal
amount under the Lease applicable on the last day of the fiscal year of the
City in effect when the event of default occurs; and
iv. pay to Authority an amount which will equal all Rental Payments due
under the Lease through the end of the fiscal year of the City in effect
when the event of default occurred and which remain unpaid by the City
as well as any other amounts owing under the Lease and unpaid by the
City as of the end of such fiscal year.
Section 3.2. Use of Sublease and/or Lease Rentals. The amounts referred to in
Section 3.1, paragraphs (b) and (c), respectively, shall be known as the "Reimbursement
Amount." The Reimbursement Amount shall be recovered by allowing the Authority first to
retain from any sublease rentals an amount equal to five percent (5%) thereof, to allow for
ongoing administrative costs. Thereafter, Authority shall be entitled to interest on the
outstanding Reimbursement Amount at the rates per annum then applicable to the Lease, or, in
the event that the Authority shall receive an opinion of an attorney or firm of attorneys nationally
recognized as bond counsel to the effect that such interest is includable in gross income of the
recipient thereof for federal income tax purposes as a result of the default or nonappropriation
and the sublease of the Project, a rate per annum three percent (3%) greater than that applicable
to the Lease, during the period of time from the last Rental Payment Date in the fiscal year of the
City for which the Lease was in effect until the time when the full Reimbursement Amount is
received from sublease rentals. Any amounts of sublease rentals distributed to the Authority
after payment of administrative costs and interest shall be credited to the payment of the
Reimbursement Amount.
Use of the Improvements by the Authority or any subsidiary or affiliate of the Authority,
other than for the purpose of assuming control, making necessary changes in the Improvements
and the Land, and the initial subleasing and/or leasing thereof, shall be treated as the sublease
and/or lease thereof on a monthly basis at the then-prevailing fair market value.
In the event the Lease is terminated by the City for nonappropriation of funds necessary
to pay Rental Payments in any fiscal year, or terminated by the Authority as a result of the
occurrence of an event of default by the City thereunder, the City may subsequently pay the
Reimbursement Amount.
Section 3.3. Return of Project Subject to Sublease or Lease. In the event the
Reimbursement Amount is received by the Authority in full, and the Authority's interest in the
Project has been subleased and/or leased to any sublessee or lessee, as the case may be, pursuant
to any subleases or leases that are still in effect, this Ground Lease shall not terminate but the
Authority shall assign and set over to the City all of the Authority's interest in the Project
granted under the Ground Lease, subject to all existing rights created in such sublessees or
lessees of the Project by any such subleases or leases.
Section 3.4. Reports. In the event the Lease is terminated by the City for
nonappropriation of funds necessary to pay Rental Payments in any fiscal year or terminated as a
result of the occurrence of an event of default by the City thereunder, the Authority shall keep
6
complete and accurate records regarding any sublease or lease of the Project and shall, within
sixty (60) days of the end of the fiscal year of the City (currently June 30), deliver a written
report to the City showing
(a) all amounts received by the Authority from any sublease or lease of
Improvements and the Land;
(b) an analysis as to whether the Authority has received the Reimbursement Amount,
with all supporting calculations; and
(c) the date, if any, in the next fiscal year of the City on which the Authority expects
to receive the Reimbursement Amount.
Such written report shall be verified at the expense of the City by a certified public accountant or
firm of certified public accountants not within the regular employ of the Authority. In the event
that on the last day of any fiscal year of the City the Authority has received the Reimbursement
Amount, then all rentals with respect to any sublease or lease of the Project payable after the
close of such fiscal year, as well as any rentals payable during such fiscal year in excess of the
amounts the Authority is entitled to receive pursuant to Section 3.2, shall be the property of the
City.
The City may, at its own expense, upon reasonable notice and at the Authority's offices during
normal business hours, examine the Authority's records in so far as they relate to the Project.
7
ARTICLE IV
USE OF PROJECT; ADDITIONAL COVENANTS
Section 4.1. Use. The Authority shall use the Land solely for the purpose of subleasing
the Land to the City pursuant to the Lease.
Section 4.2. Quiet Enjoyment. Subject to the terms of the Lease, the City shall provide
the Authority with the quiet use and enjoyment of the Land for the term of this Ground Lease;
and the Authority shall, during such term, peaceably and quietly have and hold and enjoy the
Land, without suit, trouble or hindrance from the City.
Section 4.3. Surrender of Project. The Authority agrees that upon the termination of
this Ground Lease it will surrender the Project to the City free and clear of all liens and
encumbrances created by or arising under Authority or any assignee of Authority, except
Permitted Encumbrances (as such term is defined in the Lease); provided that in the event that
the Project is subject to the rights of any sublessee or lessee of the Authority granted under any
sublease or lease entered into in accordance with the terms of this Ground Lease after the
termination of the Lease for nonappropriation by the City or as a result of an event of default by
the City, the Authority agrees to assign and set over to the City the Authority's entire interest in
the Project granted under this Ground Lease subject only to Permitted Encumbrances and the
rights of such sublessees or lessees under any such subleases or leases. The Authority's costs of
such assigning and setting over shall be included in the Reimbursement Amount.
Section 4.4. Assignment. So long as the City is not in default under the Lease or has
not terminated the Lease pursuant to Section 5.4 thereof, the Authority will not assign or
otherwise dispose of or encumber this Ground Lease without the written consent of the City,
which consent shall not be unreasonably withheld. If the Lease is terminated by the City for
nonappropriation or terminated by Authority as a result of an event of default by the City, the
Authority may assign its interest hereunder and may use, sublease and/or lease the Project
without the consent of the City.
Section 4.5. Additional Covenants. In the event that any person or entity, however
organized(other than the Authority or any assignee of the Authority), shall be determined to hold
any interest that in any manner affects the City's good and merchantable title to the Land, the
City shall use its best efforts to acquire the interest in the Land so held, such acquisition to be
made at the City's sole cost and expense. The City hereby agrees to save and keep harmless the
Authority, or any assignee of the Authority, from and against any and all liabilities, obligations,
losses, damages, penalties, claims, actions, costs and expense (including reasonable attorney's
fees) of whatever kind and nature, imposed on, incurred by or asserted against the Authority, or
any assignee of the Authority, that in any way relate to or arise out of the assertion of any interest
affecting the City's good and merchantable title to the Land by any person or entity, however
organized(other than the Authority or any assignee of the Authority).
8
ARTICLE V
AUTHORITY'S DEFAULT; REMEDIES
Section 5.1. Default by Authority. The following shall be an "event of default" or a
"default" hereunder: if the Authority shall fail to (a)pay the consideration provided herein;
(b) observe or perform any of the obligations of the Authority otherwise provided herein; or
(c) observe or perform any of its obligations under the Lease in accordance with the terms
thereof.
Section 5.2. City Remedies. The City may, upon the occurrence of an event of default
by Authority which remains uncured for thirty(30) days after receipt by the Authority of written
notice from the City describing such event of default or at any time subsequently during the
existence of such breach or default, subject to its obligation to continue Rental Payments
pursuant to the Lease and the rights of existing sublessees, (a) enter into and upon the Land and
repossess the same, expelling and removing therefrom all persons and property, and
(b) terminate this Ground Lease,holding Lessee liable for damage for its breach.
9
ARTICLE VI
HAZARDOUS MATERIALS
Section 6.1. Covenants Regarding Hazardous Materials. The City shall comply with
all regulations concerning the environment, health and safety relating to the generation, use,
handling, production, disposal, discharge and storage of Hazardous Materials in, on, under or
about the Project. The City shall promptly take any and all necessary action in response to the
storage, use, disposal, transportation or discharge of any Hazardous Materials in, on, under or
about the Project by the City or persons acting on behalf of or at the direction of the City as all
applicable laws, rules, regulations or ordinances may require. The City agrees to promptly
(a) transmit to the Authority copies of any governmental citations, orders or notices
received with respect to Hazardous Materials which may result in a penalty,
liability or cost greater than $1,000;
(b) observe and comply with any and all laws, ordinances, rules, regulations,
licensing requirements or conditions relating to the use, maintenance or disposal
of Hazardous Materials and all orders or directives from any official, court or
governmental agency of competent jurisdiction relating to the use or maintenance
or requiring the removal, treatment, containment or other disposal of such
Hazardous Material;
(c) pay or otherwise dispose of any lien, charge or imposition relating thereto which,
if paid,would constitute a lien upon the Project; and
(d) hold harmless the Authority from any and all liabilities (including strict liability),
obligations, suits, actions, demands, penalties, losses, costs or expenses (including
without limitation, consultant's fees, investigation and laboratory fees, reasonable
attorneys' fees, expenses and remedial costs), costs of any settlement or judgment
and claims of any and every kind whatsoever, which may now or in the future be
paid, incurred or suffered by or asserted against the Authority relating to or
arising from the presence, at any time, of Hazardous Materials in, on, under or
about the Project, all to the maximum extent permitted by law; the Authority shall
not be liable for any payment whatsoever with regard to clauses (a) through (c) of
this Section.
For purposes of this Ground Lease, "Hazardous Materials" means (a) oil, flammable
substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or
substances or any other substances, materials or pollutants which (i)pose a hazard to the Project,
adjacent premises or persons on or about the Project or adjacent premises, (ii) cause the Project
to be in violation of any local, state or federal law, rule, regulation or ordinance, or (iii) are
defined as or included in the definition of "hazardous substances," "hazardous wastes,"
"hazardous materials," or "toxic substances" or words of similar import under any applicable
local, state or federal law or under the regulations, policy guidelines or other publications
adopted or promulgated pursuant thereto, including, but not limited to (1) the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.
10
§ 9601, et seq., (2)the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1601,
et seq., (3) the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901, et seq.,
(4) the Clean Air Act, 42 U.S.C. § 7412, (5)the Toxic Substance Control Act, 15 U.S.C. § 2601
et seq., (6) The Clean Water Act, 33 U.S.C. § 1317 and 1321(b)(2)A and (7)rules, regulations,
ordinances and other publications adopted or promulgated pursuant to the aforesaid laws;
(b) asbestos in any form which is or could become friable, urea formaldehyde foam insulation;
and (c) any other chemical, material or substance, exposure to which is prohibited, limited or
regulated by any governmental authority or may or could pose a hazard to the health and safety
or property interests of the City or its employees, users and occupants of the Project or the
owners and/or occupants of property adjacent to or surrounding the Project.
Should any governmental authority or any third party demand or initiate legal action to
compel the preparation of a corrective action plan or the undertaking of corrective action because
of any deposit, spill, discharge, or other release of Hazardous Material that occurs during the
term of this Ground Lease, at or from or to the Project, then the City shall, at its own expense,
prepare and submit the required corrective action plans and all related bonds and other financial
assurances; and the Authority shall carry out all such corrective action.
The City's obligations and liabilities under this Article shall survive the termination of
this Ground Lease.
Section 6.2. Covenants and Warranties Regarding Historical Use. The City covenants
and warrants to the Authority that, on the date of execution of this Ground Lease, no Hazardous
Materials have been generated, treated, stored, transferred from, released or disposed of, or
otherwise placed, deposited in or located on the Land. The Land is not now, and to the best
knowledge of the City, never has been used to a landfill, dump or other disposal, storage, transfer
or handling area for Hazardous Materials or for industrial,military or manufacturing purposes,or
as a gasoline service station or a facility for selling, dispensing, storing, transferring or handling
petroleum and/or petroleum products. No above ground or underground tanks have been located
under, in or about the Land and have subsequently been removed or filled. To the extent storage
tanks exist on, under or adjacent to the Land, such storage tanks have been duly registered with
all appropriate regulatory and governmental bodies and otherwise are in compliance with
applicable federal, state and local statutes, regulations, ordinances, and other regulatory
requirements.
11
ARTICLE VII
MISCELLANEOUS
Section 7.1. Severability. If any term or provision of this Ground Lease, or the
application thereof to any person or circumstance, shall to any extent be invalid or
unenforceable, the remainder of this Ground Lease or the application of such term or provision to
persons or circumstance other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Ground Lease shall be valid and
enforceable to the fullest extent permitted by law.
Section 7.2. Binding Effect. This Ground Lease shall be binding upon, and inure to the
benefit of, the parties hereto, and their successors and assigns.
Section 7.3. Counterparts. This Ground Lease may be executed in counterparts, each
of which shall constitute one and the same instrument.
Section 7.4. Applicable Law. This Ground Lease shall be interpreted and enforced in
accordance with the laws of the State of Minnesota.
Section 7.5. No Merger of Title. There shall be no merger of this Ground Lease or the
leasehold created by this Ground Lease with any other estate in the Land or any part thereof by
reason of the fact that the same entity may acquire or own or hold, directly or indirectly, (a) the
Land or any part thereof or any interest therein or (b) the Improvements or any part thereof or
any interest therein, and no such merger shall occur unless and until all persons having any
interest in the Improvements or any part thereof, shall join in a written instrument effecting such
merger and shall duly record the same.
Section 7.6. Notices. All notices, certificates or other communications hereunder shall
be sufficiently given and shall be deemed given on the earlier of(i) delivery or (ii)three days
following deposit in the United States mail in first-class form with postage fully prepaid. Any
notice provided hereunder by the City or the Authority shall also be sent to Trustee at the address
given in Section 13.08 of the Trust Indenture.
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
12
IN WITNESS WHEREOF, the City has caused this Ground Lease to be executed in its
corporate name by its duly authorized officers and the Authority has caused this Ground Lease to
be executed in its name by its duly authorized officers as of the date first above written.
CITY OF GOLDEN VALLEY,MINNESOTA,
as lessor
By
Mayor
Attest:
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on this day of October, 2016, by
Shep Harris and Tim Cruikshank, the Mayor and City Manager, respectively, of the City of
Golden Valley, Minnesota, a Minnesota political subdivision.
Notary Public
Commission Expiration:
(SEAL)
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
S-1
[COUNTERPART SIGNATURE PAGE TO GROUND LEASE
DATED AS OF OCTOBER 1, 2016]
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF GOLDEN
VALLEY,MINNESOTA, as lessee
By
Chair
Attest:
Authority Director
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on this day of October, 2016, by
Steve Schmidgall and Tim Cruikshank, the Chair and Authority Director, respectively, of
Housing and Redevelopment Authority of the City of Golden Valley, Minnesota, a Minnesota a
body corporate and politic of the State of Minnesota.
Notary Public
Commission Expiration:
(SEAL)
S-2
EXHIBIT A
LEGAL DESCRIPTION OF THE LAND
A portion of the property legally described in Exhibit A-1, as depicted in Exhibit A-2:
Exhibit A-1
Par 1: That part of the Northeast Quarter of Section 6, Township 117, Range 21, described as
beginning at the Northwest corner of said Northeast Quarter; thence East along the North line
thereof 1485 feet, more or less, to an intersection with the extention of the West line of"Jessen's
Addition", which West line is marked by Judicial Landmark set pursuant to Torrens Case No.
5458 at the Northwest and Southwest corners of "Jessen's Addition"; thence South along the
extension of the West line of"Jessen's Additions", and South along the West line of"Jessen's
Additions" a distance of 1053.05 feet to the Southwest corner of"Jessen's Additions"; thence
South along the West line of Hope Chest Addition and its extension a distance of 844.35 feet;
thence Northwesterly deflecting to the righ 121 degrees, '18 minutes, a distance of 403.3 feet;
thence Westerly along a tangential curveto the left, having a delta angle of 37 degrees 56 mintues
and a tangent of 302 .. 1 feet, a distance of 580.6 feet; thence Westerly, tangent to said last
described curve, a distance of 582.35 feet to a point on the West line of said Northeast Quarter
distant 1566.65 feet South along said West line from the point of beginning; thence North along
the West line of said Northeast Quarter to the point of beginning.
Exhibit A-2
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Draft(8/31/16)
LEASE-PURCHASE AGREEMENT
by and between
HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF GOLDEN
VALLEY,MINNESOTA
as Lessor
and the
CITY OF GOLDEN VALLEY,MINNESOTA
as Lessee
Dated as of October 1, 2016
Relating to:
LEASE REVENUE BONDS (COMMUNITY CENTER PROJECT), SERIES 2016
This instrument drafted by:
Dorsey&Whitney LLP
Suite 1500
50 South Sixth Street
Minneapolis, Minnesota 55402
(612) 340-2600
Draft(8/31/16)
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS AND EXHIBITS................................................................................2
SectionI.I. Definitions................................................................................................................2
Section1.2. Exhibits....................................................................................................................4
ARTICLE II REPRESENTATIONS AND COVENANTS OF THE CITY AND THE
AUTHORITY..................................................................................................................................5
Section 2.1. Representations and Covenants of the City.............................................................5
Section 2.2. Representations and Covenants of the Authority.....................................................6
ARTICLE III LEASE OF PROJECT..............................................................................................8
Section3.1. Lease........................................................................................................................8
Section 3.2. Possession and Enjoyment.......................................................................................8
Section 3.3. City to Act as Agent; Acquisition and Construction of Project; Authority Access
to Project 8
Section3.4. Project Costs. ...........................................................................................................8
ARTICLEIV LEASE TERM..........................................................................................................9
Section4.1. Lease Term...............................................................................................................9
Section 4.2. Termination of Lease Term .....................................................................................9
ARTICLE V RENTAL PAYMENTS; FEES AND EXPENSES..................................................10
Section5.1. Rental Payments.....................................................................................................10
Section 5.2. Rental Payments to be Unconditional....................................................................10
Section5.3. Current Expense.....................................................................................................10
Section 5.4. Nonappropriation; Termination of Lease...............................................................1 l
Section 5.5. Intent to Continue Lease-Purchase Payments; Appropriations .............................11
Section 5.6. Effect of Termination.............................................................................................1 l
Section5.7. Additional Rent......................................................................................................1 l
ARTICLE VI USE OF THE PROJECT; TAXES, INSURANCE AND NEGLIGENCE............13
Section6.1. Use; Permits...........................................................................................................13
Section 6.2. Maintenance of Project by the City.......................................................................13
Section 6.3. Taxes, Other Governmental Charges and Utility Charges.....................................13
Section 6.4. Liability Insurance.................................................................................................13
Section6.5. Negligence.............................................................................................................14
Section 6.6. Property Insurance.................................................................................................14
Section 6.7. Worker's Compensation Insurance........................................................................14
Section 6.8. Other Insurance and Requirements for All Insurance............................................14
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Section6.9. Advances................................................................................................................15
Section6.10. Liens.......................................................................................................................15
Section 6.11. Financial Statements..............................................................................................15
Section 6.12. Arbitrage Rebate....................................................................................................15
ARTICLE VII DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET
PROCEEDS...................................................................................................................................16
Section 7.1. Damage, Destruction and Condemnation..............................................................16
Section 7.2. Insufficiency of Net Proceeds................................................................................16
Section 7.3. Cooperation of Authority.......................................................................................16
Section 7.4. Destruction or Condemnation of Other Property Owned by City.........................16
ARTICLE VIII CITY'S PROJECT; REPAIRS; WARRANTIES; DISCLAIMER......................17
Section 8.1. Installation of City's Equipment............................................................................17
Section 8.2. Installation and Maintenance of Project ................................................................17
Section 8.3. Modification of Project..........................................................................................17
Section8.4. Warranties..............................................................................................................17
Section 8.5. Disclaimer of Warranties.......................................................................................18
I'I ARTICLE IX ASSIGNMENT AND SUBLEASING...................................................................19
Section 9.1. Delegation and Assignment by Authority..............................................................19
Section 9.2. Delegation and Assignment and Subleasing by City.............................................19
ARTICLE X EVENTS OF DEFAULT AND REMEDIES ..........................................................20
Section 10.1. Events of Default Defined .....................................................................................20
Section 10.2. Remedies on Default..............................................................................................21
Section 10.3. Surrender of Project...............................................................................................21
Section10.4. Delay;Notice.........................................................................................................21
Section 10.5. No Remedy Exclusive............................................................................................21
Section 10.6. Agreement to Pay Attorneys' Fees and Expenses .................................................21
Section 10.7. No Additional Waiver Implied by One Waiver.....................................................22
ARTICLEXI TITLE .....................................................................................................................23
Section11.1. Title........................................................................................................................23
Section 11.2. Security Interest.....................................................................................................23
Section 11.3. Purchase of Project................................................................................................23
Section 11.4. Personal Property...................................................................................................24
ARTICLE XII ADMINISTRATIVE PROVISIONS ....................................................................25
Section12.1. Notices...................................................................................................................25
Section 12.2. Binding Effect........................................................................................................25
Section12.3. Severability............................................................................................................25
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Section 12.4. Amendments, Changes and Modifications............................................................25
Section 12.5. Further Assurances and Corrective Instruments....................................................25
Section 12.6. Execution Counterparts..........................................................................................25
Section12.7. Applicable Law......................................................................................................25
Section12.8. Captions.................................................................................................................25
EXHIBIT A— Description of the Land and Improvements........................................................A-1
EXHIBIT B — Fonn of Completion Certificate...........................................................................B-1
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LEASE-PURCHASE AGREEMENT
This LEASE-PURCHASE AGREEMENT dated as of October 1, 2016 (the "Lease"),
is executed by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF GOLDEN VALLEY, MINNESOTA, a body corporate and politic of the State
of Minnesota, as lessor (the "Authority"), and the CITY OF GOLDEN VALLEY,
MINNESOTA, a political subdivision of the State of Minnesota, as lessee(the "City").
RECITALS
WHEREAS, the City is authorized by Minnesota Statutes, Section 465.71 to acquire real
and personal property by entering into lease-purchase agreements; and
WHEREAS, the City and the Authority have determined to enter into this Lease to
finance the acquisition, improvement and construction of certain improvements consisting of a
new community center (the "Improvements") upon real property (the "Land," and together with
the Improvements,the "Project") in the City, as further described in Exhibit A.
NOW THEREFORE, in the joint and mutual exercise of their powers, and in
consideration of the mutual covenants herein contained, the parties hereto recite and agree as
follows:
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ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in
this Section shall, for all purposes of this Lease and its exhibits, have the meanings herein
specified.
Additional Bonds means any additional Bonds issued pursuant to Section 2.10 of the
Indenture.
Authority Representative means the Chair or Authority Director of the Authority or any
other person authorized to act on behalf of the Authority under or with respect to this Lease, as
evidenced by a certificate conferring such authority executed by the Chair or Authority Director
and given to the Trustee and the City.
Bond Fund means the Bond Fund so designated and established pursuant to the Trust
Indenture.
Bond or Bonds means the Series 2016 Bonds together with any Additional Bonds.
Business Day means any day other than a Saturday, Sunday, or other day on which
commercial banks in the City in which the principal corporate trust office of the Trustee is
located are not open for business.
City Representative means the Mayor, City Manager, or any person authorized by law to
act on behalf of the City under or with respect to this Lease, as evidenced by a certificate
conferring such authority executed by the Mayor or City Manager and given to the Trustee and
the Authority.
Code means the Internal Revenue Code of 1986, as amended, and the regulations and
revenue rulings and procedures issued pursuant thereto from time to time.
Completion Certificate means a certificate in the form attached as Exhibit B, executed by
the City, stating that the Project has been completed.
Completion Date means, with respect to the Project, the date upon which the Completion
Certificate is issued with respect thereto by the City and delivered to the Authority and the
Trustee.
Event of Default means an Event of Default as described in Section 10.1 hereof or
Section 7.01 of the Indenture, which has not been cured.
Fiscal Year means each twelve-month fiscal period of the City commencing on January 1
of any year and ending on December 31 of said year.
Ground Lease means the Ground Lease of even date herewith, between the City, as
lessor, and the Authority, as lessee.
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Improvements means the improvements to the Land, including, but not limited to, the
new community center constructed thereon as described on Exhibit A.
Independent Counsel means an attorney duly admitted to the practice of law before the
highest court of the State who is not a full-time employee of the Authority or the City.
Interest Payment Date means the stated maturity of an installment of interest on any of
the Bonds.
Land means the real property described on Exhibit A.
Lease means this Lease and any duly authorized and executed amendment hereto.
Lease Term means the period during which this Lease remains in effect as specified in
Sections 4.1 and 4.2.
Net Proceeds means any insurance proceeds or condemnation award paid with respect to
the Project,remaining after payment therefrom of all expenses incurred in the collection thereof.
Outstanding means, when used as of any particular time with reference to Bonds (subject
to the provisions of Section 9.03 of the Indenture pertaining to Bonds held by the Authority and
the City), all Bonds theretofore authenticated and delivered by the Trustee under the Indenture
except: (i)Bonds theretofore canceled by the Trustee or surrendered to the Trustee for
cancellation; (ii)Bonds deemed not outstanding pursuant to the terms of Section 10.02 of the
Indenture; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been
authenticated and delivered by the Trustee pursuant to the terms of Section 2.08 of the Indenture
pertaining to replacement of Bonds.
Permitted Encumbrances means, as of any particular time: (i) liens for taxes and
assessments not then delinquent, or which the City may, pursuant to provisions of Article VI
hereof, permit to remain unpaid; (ii)the Ground Lease, this Lease and the Trust Indenture;
(iii) any mechanic's, laborer's, materialmen's, supplier's or vendor's lien or right not filed or
perfected in the manner prescribed by law; (iv) such minor defects, irregularities, encumbrances,
easements, rights-of-way and clouds on title as normally exist with respect to properties similar
in character to the Land and do not, in the opinion of Independent Counsel, materially impair the
property affected thereby for the purpose for which it was intended; or(v) easements,restrictions
or encumbrances, if any, included in the Ground Lease.
Principal Payment Date means the stated maturity of principal of any Bond, or the
mandatory sinking fund redemption date of any Bond.
Project means the Land together with the Improvements.
Project Costs mean all costs incurred by the City for the acquisition, construction and
equipping of the Project.
Project Fund means the Project Fund so designated and established pursuant to the Trust
Indenture.
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Purchase Price means the amount necessary to defease, to the earliest permissible
redemption date, the remaining Outstanding principal amount of Bonds, together with an amount
equal to the Authority's and Trustee's fees and expenses in connection with such defeasance and
redemption.
Rental Payment means any payment due from the City to the Authority under Section 5.1
of this Lease.
Rental Payment Date means the fifth Business Day preceding each Interest Payment
Date, which is the date upon which any Rental Payment is due and payable as provided in
Section 5.1 hereof.
Series 2016 Bonds means the $[ Lease Revenue Bonds (Community Center
Project), Series 2016, to be issued by the Authority pursuant to the Trust Indenture.
State means the State of Minnesota.
State and Federal Law or Laws means the Constitution and laws of the State, and any
ordinance, rule or regulation of any agency or political subdivision of the State; and any law of
the United States, and any rule or regulation of any executive department or federal agency.
Trustee means U.S. Bank National Association, with an office in St. Paul, Minnesota, and
any successor thereto.
Trust Indenture means the Trust Indenture dated as of the date hereof, between the
Authority and the Trustee, and any duly authorized and executed amendment thereto.
Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a
part of this Lease:
Exhibit A. Description of the Land and Improvements
Exhibit B. Form of Completion Certificate
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ARTICLE II
REPRESENTATIONS AND COVENANTS OF THE CITY AND THE AUTHORITY
Section 2.1. Representations and Covenants of the City. The City represents and
covenants as follows:
(a) The Constitution and the laws of the State authorize the City to enter into
the Ground Lease, this Lease and the transactions contemplated hereby, and to carry out
its obligations under this Lease.
(b) The officers of the City executing the Ground Lease and this Lease are
duly authorized to execute and deliver this Lease under the Constitution and laws of the
State.
(c) The City has complied and will comply with all open meeting laws, all
public bidding laws and all other State and Federal Laws applicable to this Lease and the
acquisition, construction and equipping of the Project by the City.
(d) The City will use the Project during the Lease Term only to perform
essential governmental functions of the City, and will not enter into any sublease, use
agreement, management agreement or other contract with respect to the Project which
would cause the Bonds to be considered "private activity bonds" or "private loan bonds"
pursuant to Section 141 of the Code if the result would be that interest payable on the
Bonds would become includable in gross income for federal tax purposes.
(e) During the Lease Term, the City will not take, or permit any of its officers
to take, any action with respect to the Lease or the Project which would cause interest on
the Bonds to become includable in gross income of the recipient for federal income tax
purposes under the Code, and shall take all actions necessary to ensure that interest on the
Bonds remains excludable from gross income of the recipient under the Code, insofar as
it has the power and authority to take such actions.
(f) The execution and delivery of the Ground Lease, this Lease and the other
agreements contemplated hereby to which the City is a party and the consummation of
the transactions contemplated hereby and thereby and the fulfillment of the terms hereof
and thereof will not conflict with, or constitute on the part of the City a breach of, or a
default under, any existing (i) law, or (ii)provisions of any legislative act or other
proceeding establishing or relating to the establishment of the City or its affairs or its
resolutions, or (iii) agreement, indenture, mortgage, lease or other instrument to which
the City is subject or is a party or by which it is bound.
(g) No officer of the City who is authorized to take part in any manner in
making this Lease or any contract contemplated hereby has a personal financial interest
in or has personally and financially benefited from this Lease or any such contract.
(h) There is not pending or overtly threatened, any suit, action or proceeding
against or affecting the City before or by any court, arbitrator, administrative agency or
other governmental authority which materially and adversely affects the validity, as to the
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City, of this Lease or the Ground Lease, any of the obligations of the City thereunder or
any of the transactions contemplated thereby.
(i) No event of nonappropriation or other financing lease termination has
occurred in connection with any prior lease financing of the City.
0) The economic useful life of the Project is substantially greater than the
Lease Term.
(k) The obligation created by this Lease together with all
other net debt of the City, does not cause the net debt of the City to exceed the limitation
set forth in Minnesota Statutes, Section 475.53.
Section 2.2. Representations and Covenants of the Authority. The Authority represents
and covenants as follows:
(a) The Constitution and the laws of the State authorize the Authority to
undertake the Project, to enter into the Ground Lease, this Lease and the Trust Indenture
and the transactions contemplated hereby and thereby, and to carry out its obligations
under the Ground Lease, this Lease and the Trust Indenture.
(b) The officers of the Authority executing the Ground Lease, this Lease and
the Trust Indenture are duly authorized to execute and deliver this Lease and the Trust
Indenture under the Constitution and laws of the State.
(c) The Authority has complied and will comply with all open meeting laws,
and all other State and Federal Laws applicable to this Lease and the Project.
(d) So long as any of the Bonds remain Outstanding, the Authority will not
enter into any lease, use agreement, management agreement or other contract which
would cause the Bonds to be considered "private activity bonds" or "private loan bonds"
pursuant to Section 141 of the Code if the result would be that interest payable on the
Bonds would become includable in gross income for federal income tax purposes.
(e) So long as any of the Bonds remain Outstanding, the Authority will not
take or permit any of its officers to take any action with respect to this Lease or the
Project which would cause interest on the Bonds to become includable in gross income of
the recipient for federal income tax purposes under the Code, and shall take all actions
necessary to ensure that interest on the Bonds remains excludable from gross income of
the recipient under the Code, insofar as it has the power and authority to take such
actions.
(f) The execution and delivery of the Ground Lease, this Lease and the Trust
Indenture and the other agreements contemplated hereby to which the Authority is a party
and the consummation of the transactions contemplated hereby and thereby and the
fulfillment of the terms hereof and thereof will not conflict with, or constitute on the part
of the Authority a breach of, or a default under, any existing (i) law, or (ii)provisions of
anlegislative act or other proceeding establishing or relating to the establishment of the
Y g p g g g
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Authority or its affairs or its resolutions, or (iii) agreement, indenture, mortgage, lease or
other instrument to which the Authority is subject or is a party or by which it is bound.
(g) No officer of the Authority who is authorized to take part in any manner in
making this Lease or any contract contemplated hereby has a personal financial interest
in or has personally and financially benefited from this Lease or any such contract.
(h) There is not pending or threatened any suit, action or proceeding against
or affecting the Authority before or by any court, arbitrator, administrative agency or
other governmental authority which materially and adversely affects the validity, as to the
Authority, of this Lease, the Ground Lease or the Trust Indenture, any of the obligations
of the Authority thereunder or any of the transactions contemplated thereby.
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ARTICLE III
LEASE OF PROJECT
Section 3.1. Lease. The Authority hereby leases the Project to the City, and the City
hereby leases the Project from the Authority, upon the terms and conditions set forth in this
Lease.
Section 3.2. Possession and Enjoyment. The Authority hereby covenants to provide
the City, during the Lease Term, with the quiet use and enjoyment of the Project, and the City
shall, during the Lease Term, peaceably and quietly have and hold and enjoy the Project without
suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease. The
Authority will, at the request of the City and at the City's cost,join in any legal action in which
the City asserts its right to such possession and enjoyment to the extent the Authority lawfully
may do so.
Section 3.3. City to Act as Agent; Acquisition and Construction of Project, Authority
Access to Project. The Authority hereby irrevocably appoints the City as its agent in connection
with the acquisition, construction and equipping of the Project. The City, as agent of the
Authority, has or will enter into all contracts with the contractors providing for the acquisition
and construction of the Project in accordance with the City's specifications. The Authority shall
have no obligation whatsoever with respect to the design, acquisition, construction, installation
or operation of the Project and no obligation whatsoever with respect to the Project other than the
obligations set forth in Section 3.1 and 3.2. Upon final acceptance of the Project, the City shall
execute and deliver to the Authority a Completion Certificate substantially in the form of Exhibit
B. The City agrees that the Authority and any Authority Representative shall have the right at all
reasonable times to examine and inspect the Project. The City further agrees that the Authority
and the Authority's Representative shall have such rights of access to the Project as may be
reasonably necessary to cause the proper maintenance of the Project in the event of failure by the
City to perform its obligations hereunder, or to exercise the Authority's rights under Article X, or
to determine whether the City is in compliance with this Lease.
Section 3.4. Project Costs. The Project Costs are not expected to exceed the amount
available from the proceeds of the Bonds to be issued by the Authority. The Authority and the
City agree that, in order to ensure that moneys sufficient to pay such Project Costs and necessary
financing expenses will be available for this purpose when required, the Authority shall deposit
or cause to be deposited with the Trustee the sum of$[ ] from the proceeds of the
Series 2016 Bonds. $[ 1 of such moneys shall be deposited in the Project Fund,
$[ of such moneys shall be deposited in the Bond Fund and $[ ] shall be
applied by the Trustee to pay costs of issuance of the Series 2016 Bonds as directed by the
Authority. All such moneys shall be administered by the Trustee as provided in the Trust
Indenture. The City reserves the right to modify or add items to the Project. No such change in
the Project, however, shall increase the amount of moneys required to be deposited by the
Authority with the Trustee pursuant to this Lease or alter the Rental Payments, but if any change
increases the Project Costs beyond the amount available in the Project Fund to pay such Project
Costs, the City shall deliver to the Trustee moneys sufficient to pay such excess Project Costs for
deposit in the Project Fund (unless the Authority agrees to issue Additional Bonds in accordance
with Section 2.10 of the Trust Indenture to fund such excess Project Costs).
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ARTICLE IV
LEASE TERM
Section 4.1. Lease Term. This Lease shall be and remain in effect with respect to the
Project for a Lease Term commencing on its date of execution and continuing until no Bonds
remain Outstanding, or until terminated as provided in Section 4.2.
Section 4.2. Termination of Lease Term. The Lease Term will terminate prior to the
date on which no Bonds remain Outstanding, upon the occurrence of the first of the following
events:
(a) termination of this Lease pursuant to Section 5.4 hereof;
(b) a default by the City and the Authority's election to terminate this Lease
pursuant to Article X; or
(c) the payment by the City of all Rental Payments due hereunder or the
payment of the Purchase Price pursuant to Section 11.3 hereof, together with any fees and
expenses due the Authority or the Trustee hereunder or under the Trust Indenture.
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ARTICLE V
RENTAL PAYMENTS; FEES AND EXPENSES
Section 5.1. Rental Payments. The City shall, by wire transfer in immediately
available funds or such other method agreed to by the parties, pay Rental Payments with respect
to the Project as follows:
(a) By each Rental Payment Date, the City shall pay an amount equal to the
interest, and principal, if any, due on the Bonds on the next succeeding Interest Payment
Date.
(b) As a credit against the first interest payment otherwise required to be paid
by the City to the Trustee pursuant to (a) of this Section 5.1, there shall be applied any
accrued or capitalized interest on the Bonds initially deposited into the Bond Fund.
(c) On each Rental Payment Date, so long as no Event of Default has
occurred and is continuing, the City shall have a credit against the Rental Payment
otherwise due on said date to the extent of any investment profits or earnings which have
been transferred or are otherwise available in the Bond Fund for such purpose.
(d) In the event the City shall have paid Rental Payments with respect to the
next succeeding Interest Payment Date, but the funds on deposit in the Bond Fund are
nevertheless insufficient to pay such principal, premium (if any) and interest on the
Bonds then due or to become due on such Interest Payment Date, the City will forthwith
pay, as Rental Payments, the amount of the deficiency.
The Rental Payments provided for in this Section 5.1 shall be paid directly to the Trustee
at its corporate trust office for the account of the City for deposit in the Bond Fund as provided
in the Indenture.
Section 5.2. Rental Payments to be Unconditional. Except as provided in Section 5.4,
the obligation of the City to make Rental Payments due with respect to the Project or any other
payments required hereunder shall be absolute and unconditional in all events. Notwithstanding
any dispute between the City and the Authority or any other person, the City shall make all
Rental Payments and other payments required hereunder when due and shall not withhold any
Rental Payment or other payment pending final resolution of such dispute nor shall the City
assert any right of set-off or counterclaim against its obligation to make such Rental Payments or
other payments required under this Lease. The City's obligation to make Rental Payments or
other payments during the Lease Term shall not be abated through accident or unforeseen
circumstances including, without limitation, any circumstance related to the Project or the
construction thereof.
Section 5.3. Current Expense. The obligations of the City under this Lease, including
its obligation to pay the Rental Payments due with respect to the Project in any Fiscal Year for
which this Lease is in effect, shall constitute a current expense of the City for such Fiscal Year
and shall not constitute an indebtedness of the City within the meaning of the Constitution and
laws of the State(except the amount of the Lease in excess of$1,000,000 shall be included in the
calculation of net debt for purposes of Minnesota Section 475.53, as provided in Minnesota
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Statutes, Section 465.71). Nothing herein shall constitute a pledge by the City of any taxes or
other moneys, other than moneys lawfully appropriated from time to time by or for the benefit of
the City's annual budget and the proceeds of the Bonds or Net Proceeds of the Project, to the
payment of any Rental Payment or other amount coming due hereunder.
Section 5.4. Nonappropriation; Termination of Lease. The City shall have the right to
cancel and terminate this Lease, in whole but not in part, at the end of any Fiscal Year of the
City, in the manner and subject to the terms specified in this Section 5.4 and Section 5.6, if the
City's governing body does not appropriate moneys sufficient to pay the Rental Payments
coming due in the next Fiscal Year. Lack of a sufficient appropriation shall be evidenced by a
specific provision in the budget of the City which prohibits the expenditure of the City funds for
this purpose. The City may effect such termination by giving the Authority a written notice of
termination and by paying to the Authority any Rental Payments which are due and have not
been paid at or before the end of its then current Fiscal Year. The City shall make reasonable
best efforts to give notice of termination not less than one hundred twenty (120) days prior to the
end of such Fiscal Year, and shall notify the Authority of any anticipated termination. In the
event of termination of this Lease as provided in this Section 5.4, the City shall deliver
possession of the Project to the Authority in accordance with Section 10.3, and release its interest
in the same, as granted under this Lease, within ten(10) days after the termination of this Lease.
Section 5.5. Intent to Continue Lease-Purchase Payments; Appropriations. The City
presently intends to continue this Lease for the entire Lease Term and to pay all Rental Payments
required hereunder. City staff will include in the budget request for each Fiscal Year the Rental
Payments to become due in such Fiscal Year, and will use all reasonable and lawful means at
their disposal to secure the appropriation of money for such Fiscal Year sufficient to pay the
Rental Payments coming due therein. The City reasonably believes that moneys in an amount
sufficient to make all such Rental Payments can and will lawfully be appropriated and made
available for this purpose.
Section 5.6. Effect of Termination. Upon termination of this Lease as provided in
Section 5.4, the City shall not be responsible for the payment of any additional Rental Payments
coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession
of the Project to the Authority in accordance with Section 10.3 and conveyed to the Authority or
released its interest in the Project granted under this Lease within ten (10) days after the
termination of the Lease, the termination shall nevertheless be effective, but the City shall be
responsible for the payment of damages in an amount equal to the amount of the Rental
Payments thereafter coming due which are attributable to the number of days after such ten (10)
day period during which the City fails to take such actions. Upon termination of this Lease as
provided in Section 5.4, the Trustee, on behalf of the Authority, may take the action specified in
Section 10.2(iii) hereof; notwithstanding that a termination pursuant to Section 5.4 is not an
event of default hereunder.
Section 5.7. Additional Rent. The City shall, during the Lease Term, within ten (10)
Business Days after written notice that such payment is due, also pay the following amounts of
additional rent to the following persons:
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(a) to the Trustee, all reasonable fees and expenses of the Trustee for services
rendered under the Trust Indenture, provided that the City may, without creating a default
hereunder, contest in good faith the reasonableness of any such fees or expenses other
than the Trustee's fees for ordinary services as may be set forth in the Trust Indenture;
(b) to the Authority, all reasonable expenses incurred by the Authority in
connection with the transactions contemplated hereby which are not otherwise required to
be paid by the City under the terms of this Lease;
(c) all other costs and expenses specifically required to be paid by the City
under the terms of this Lease or the Trust Indenture; and
(d) to the Authority or the Trustee, as the case may be, the amount of all
advances of funds made by either of them under the provisions hereof.
In the event the City should fail to make any of the payments required by this Section 5.7,
the item in default shall continue as an obligation of the City until the amount in default shall
have been fully paid, and the City will pay the same with interest thereon at the rate of 8% per
annum, or, if less, at the maximum rate permitted by State law.
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ARTICLE VI
USE OF THE PROJECT; TAXES, INSURANCE AND NEGLIGENCE
Section 6.1. Use; Permits. The City shall exercise due care in the acquisition,
construction, installation, use, possession, operation and maintenance of the Project, and shall
not install, use, operate or maintain the Project improperly, carelessly, in violation of State and
Federal Laws or for a purpose or in a manner contrary to that contemplated by this Lease. The
City shall obtain all permits and licenses necessary for the installation, operation, possession and
use of the Project. The City shall comply with all State and Federal Laws applicable to the
acquisition, construction, installation, use, possession, operation and maintenance of the Project,
and if compliance with any such State and Federal Law requires changes or additions to be made
to the Project, such changes or additions shall be made by the City at its expense.
Section 6.2. Maintenance of Project by the City. The City shall, at its own expense,
maintain, preserve and keep the Project in good repair, working order and condition, and shall
from time to time make all repairs and replacements necessary to keep the Project in such
condition. The Authority shall have no responsibility for any of these repairs or replacements.
Section 6.3. Taxes, Other Governmental Charges and Utility Charges. Except as
expressly limited by this Section 6.3, the City shall pay all taxes and other charges of any kind
which are at any time lawfully assessed or levied against or with respect to the Project, the
Rental Payments or any part thereof, or which become due during the Lease Term, whether
assessed against the City or the Authority. The City shall also pay when due all gas, water,
steam, electricity, heat, power, telephone, and other charges incurred in the operation,
maintenance, use, occupancy and upkeep of the Project, and all special assessments and charges
lawfully made by any governmental body for public improvements that may be secured by a lien
on the Project; provided that with respect to special assessments or other governmental charges
that may lawfully be paid in installments over a period of years, the City shall be obligated to
pay only such installments as are required to be paid during the Lease Term as and when the
same become due. The City shall not be required to pay any federal, state or local income,
inheritance estate succession transfer, gift, franchise gross receipts, profit, excess profit,
capital stock, corporate, or other similar tax payable by the Authority, its successors or assigns,
unless such tax is made in lieu of or as a substitute for any real estate or other tax upon the
Project.
The City may, at the City's expense and in the City's name, in good faith contest any
such taxes, assessments, utility and other charges and, in the event of any such contest, may
permit the taxes, assessments or other charges so contested to remain unpaid during the period of
such contest and any appeal therefrom unless the Authority shall notify the City that, in the
opinion of Independent Counsel, by nonpayment of any such items the interest of the Authority
in the Project will be materially endangered or the Project or any part thereof will be subject to
loss or forfeiture, in which event the City shall promptly pay such taxes, assessments or charges
or provide the Authority with full security against any loss which may result from nonpayment,
in form satisfactory to the Authority.
Section 6.4. Liability Insurance. Upon receipt of possession of the Project, the City
shall take such measures as may be necessary to ensure that any liability for injuries to or death
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of any person or damage to or loss of property arising out of or in any way relating to the
condition or the operation of the Project or any part thereof, is covered by a blanket or other
general liability insurance policy maintained by the City. The Net Proceeds of all such insurance
shall be applied toward extinguishment or satisfaction of the liability with respect to which any
Net Proceeds may be paid.
Section 6.5. Ne ligence. The City assumes all risks and liabilities, whether or not
covered by insurance, for loss or damage to the Project and for injury to or death of any person
or damage to any property, whether such injury or death be with respect to agents or employees
of the City or of third parties, and whether such property damage be to the City's property or the
property of others, which is proximately caused by the negligent conduct of the City, its officers,
employees and agents. The City hereby assumes responsibility for and agrees to reimburse the
Authority for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and
expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on,
incurred by or asserted against the Authority that in any way relate to or arise out of a claim, suit
or proceeding based in whole or in part upon the negligent conduct of the City, its officers,
employees and agents, to the maximum extent permitted by law.
Section 6.6. Property Insurance. Upon receipt of possession of the Project, the City
shall have and assume the risk of loss with respect thereto. The City shall procure and maintain
continuously in effect during the Lease Term, all-risk insurance, subject only to the standard
exclusions contained in the policy, in such amount as will be at least sufficient so that a claim
may be made for the full replacement cost of any part thereof damaged or destroyed and to pay
the applicable Purchase Price of the Project. Such insurance may be provided by a rider to an
existing policy or under a separate policy. Such insurance may be written with customary
deductible amounts. The Net Proceeds of insurance required by this Section shall be applied to
the prompt repair, restoration or replacement of the Project, or to the purchase of the Project, as
provided in Section 7.1. Any Net Proceeds not needed for those purposes shall be paid to the
City.
Section 6.7. Worker's Compensation Insurance. If required by State law, the City shall
carry worker's compensation insurance covering all its employees on, in, near or about the
Project. Alternatively, the City may self-insure against such liabilities in accordance with
applicable law.
Section 6.8. Other Insurance and Requirements for All Insurance. All insurance by
this Article may be carried under a separate policy or a rider or endorsement to an existing
policy; shall be taken out and maintained with responsible insurance companies organized under
the laws of one of the states of the United States and qualified to do business in the State; shall
contain a provision that the insurer shall not cancel or revise coverage thereunder without giving
written notice to both parties, and to the Trustee, at least 30 days before the cancellation or
revision becomes effective; and shall name the City, the Authority and the Trustee as insured
parties as their interests may appear. The City shall provide the Trustee, commencing as of the
date hereof with a Certificate as to compliance with the provisions of this Article VI. The
Trustee shall be entitled to rely upon said Certificate as to the City's compliance with the
insurance requirements. The Trustee shall not be responsible for the sufficiency of coverage or
amounts of such policies. Before the expiration of any such policy, the City shall furnish to the
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Authority evidence that the policy has been renewed or replaced by another policy conforming to
the provisions of this Article.
Section 6.9. Advances. If the City shall fail to perform any of its obligations under this
Lease, the Authority or the Trustee may, but shall not be obligated to, take such action as may be
necessary to cure such failure, including the advancement of money, and the City shall be
obligated to repay all such advances on demand, with interest at the maximum rate permitted by
law or 8%, whichever is less, from the date of the advance to the date of repayment.
Section 6.10. Liens. The City shall not, directly or indirectly, create, incur, assume or
suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the
Project, other than the respective rights of the Authority and the City as herein provided and
Permitted Encumbrances. Except as expressly provided in this Article, the City shall promptly,
at its own expense, take such action as may be necessary duly to discharge or remove any such
mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at any time. The
City shall reimburse the Authority for any expense incurred by it in order to discharge or remove
any such mortgage, pledge, lien, charge, encumbrance or claim.
Section 6.11. Financial Statements. The City shall, upon request, provide the Authority,
within 365 days of the end of each Fiscal Year, a copy of the annual audited financial statements
of the City.
Section 6.12. Arbitrage Rebate. The City and the Authority acknowledge 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,
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.
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ARTICLE VII
DAMAGE, DESTRUCTION AND CONDEMNATION;
USE OF NET PROCEEDS
Section 7.1. Damage, Destruction and Condemnation. If after delivery of the Project
to the City all or any part of the Project is lost, stolen, destroyed or damaged beyond repair the
City shall have the rights specified in this Section with respect to the Net Proceeds of any
insurance or condemnation award. The City may either (i) apply such Net Proceeds to replace
the Project with a project of equal or greater value to the Project immediately prior to the time of
the loss occurrence, such replacement project to be subject to the Authority's reasonable
approval, whereupon such replacement shall be substituted in this Lease by appropriate
endorsement and the City shall be obligated to continue to pay the Rental Payments or (ii) the
City may exercise its option to purchase the Project pursuant to the terms of Section 11.3 hereof,
in which event the Net Proceeds may be used for such purpose. The City shall notify the
Authority and the Trustee within 90 days of the date of damage, destruction or taking as to its
decision regarding replacement or purchase. In the event the City determines to replace the
Project, the Authority shall assign to the City all of its interests in said Net Proceeds and the City
shall deposit the Net Proceeds with the Trustee for deposit into the Project Fund. The Trustee
shall disburse such Net Proceeds from the Project Fund to pay the costs of replacement in the
manner provided in Article IV of the Trust Indenture.
Section 7.2. Insufficiency of Net Proceeds. If the City elects to replace the Project and
the Net Proceeds are insufficient to pay in full the cost of any replacement, the City shall
complete the work and pay any cost in excess of the amount of the Net Proceeds, and the City
agrees that if by reason of any such insufficiency of the Net Proceeds the City shall make any
payments pursuant to the provisions of this Section 7.2, the City shall not be entitled to any
reimbursement therefor from the Authority nor shall the City be entitled to any diminution of the
Rental Payments due with respect to the Project.
Section 7.3. Cooperation of Authority. The Authority shall cooperate fully with the
City at the expense of the City in filing any proof of loss with respect to any insurance policy
covering the casualties described in Section 7.1 hereof and in the prosecution or defense of any
prospective or pending condemnation proceeding with respect to the Project or any part thereof
and will, to the extent it may lawfully do so, permit the City to litigate in any proceeding
resulting therefrom in the name of and on behalf of the Authority. In no event will the Authority
voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance
claim or any prospective or pending condemnation proceeding with respect to the Project or any
part thereof without the written consent of the City.
Section 7.4. Destruction or Condemnation of Other Property Owned by City. The City
shall be entitled to the Net Proceeds of any insurance claim or condemnation award or portion
thereof made for destruction of, damage to or taking of its property not included in the Project.
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ARTICLE VIII
CITY'S PROJECT; REPAIRS; WARRANTIES; DISCLAIMER
Section 8.1. Installation of City's Equipment. The City may at any time and from time
to time after the Completion Date, in its sole discretion and at its own expense, install items of
equipment in or upon the Project. All such items shall remain the sole property of the City, in
which the Authority shall have no interest, and may be modified or removed by the City at any
time provided that the City shall repair and restore any and all damage to the Project resulting
from the installation, modification or removal of any such items. Nothing in this Lease shall
prevent the City from purchasing items to be installed pursuant to this Section under a
conditional sale or lease with option to purchase contract, or subject to a vendor's lien or security
agreement, as security for the unpaid portion of the purchase price thereof, provided that no such
lien or security interest shall attach to any part of the Project.
Section 8.2. Installation and Maintenance of Project. The Authority shall have no
obligation to install, erect, test, inspect, service or maintain the Project, or any portion thereof,
under any circumstances, but such actions shall be the obligation of the City in accordance with
the provisions of this Lease.
Section 8.3. Modification of Project. The City shall, at its own expense, have the right
to make repairs to the Project, and to make repairs, replacements, substitutions and modifications
to all or any of the parts thereof. All such work and any part or component used or installed to
make a repair or as a replacement, substitution or modification, shall thereafter comprise part of
the Project and be subject to the provisions of this Lease. Such work shall not in any way
damage the Project or cause it to be used for purposes other than those authorized under the
provisions of State and Federal Law or those contemplated by this Lease; and the Project, upon
completion of any such work shall be of a value which is not less than the value of the Project
immediately prior to the commencement of such work. Any property for which a replacement or
substitution is made pursuant to this Section may be disposed of by the City in such manner and
on such terms as are determined by the City. The City will not permit any mechanic's or other
lien to be established or remain against the Project for labor or materials furnished in connection
with any repair, replacement, substitution or modification made by the City pursuant to this
Section; provided that if any such lien is established and the City shall first notify the Authority
of the City's intention to do so, the City may in good faith contest any lien filed or established
against the Project, and in such event may permit the items so contested to remain undischarged
and unsatisfied during the period of such contest and any appeal therefrom unless the Authority
shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such
item the interest of the Authority in the Project will be materially endangered or the Project or
any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay
and cause to be satisfied and discharged all such unpaid items or provide the Authority with full
security against any such loss or forfeiture, in form satisfactory to the Authority. The Authority
will cooperate fully with the City in any such contest, upon the request and at the expense of
City.
Section 8.4. Warranties. The Authority hereby assigns to the City for and during the
Lease Term, all of its interest, if any, in all warranties and guarantees, express or implied, issued
on or applicable to the Project, and the Authority hereby authorizes the City to obtain the
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customary services furnished in connection with such warranties and guarantees at the City's
expense.
Section 8.5. Disclaimer of Warranties. THE AUTHORITY MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE
VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY
OF THE PROJECT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH
RESPECT TO THE PROJECT.
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ARTICLE IX
ASSIGNMENT AND SUBLEASING
Section 9.1. Delegation and Assignment by Authority. The Authority shall not
delegate its obligations under this Lease, and no purported delegation thereof shall be effective.
However, all of the Authority's right, title and/or interest in and to the Ground Lease, this Lease,
the Project, the Rental Payments and other amounts due hereunder (other than any indemnity
payments and reimbursement of costs and expenses) and the right to exercise its rights under this
Lease and the Ground Lease may be assigned to the Trustee, and the City hereby consents to the
assignment made by the Authority to the Trustee pursuant to the Trust Indenture.
Section 9.2. Delegation and Assignment and Subleasing by City. The City may not
delegate its obligations or assign its rights under this Lease to any person during the Lease Term.
The City may not sublease all or any part of the Project, or contract for the operation of the
Project by an entity other than the City or an agency or department of the State during the Lease
Term unless such contract, authorized by prior written consent of the Authority, will not cause
interest on the Bonds to become includable in gross income of the owners thereof for federal
income tax purposes, as evidenced by an opinion of nationally recognized bond counsel filed
with the Authority and Trustee prior to the effective date of any such sublease or contract.
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ARTICLE X
EVENTS OF DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined. The following shall be Events of Default
under this Lease and the terms "events of default" and "default" shall mean, whenever they are
used in this Lease, with respect to the Project, any one or more of the following events:
(i) Failure by the City to pay any Rental Payments or other payments required
to be paid hereunder at the time specified herein, which failure shall continue for a period
of five days after written notice given to the City by the Trustee on behalf of the
Authority. The termination of this Lease by nonappropriation pursuant to Section 5.4
does not constitute an event of default.
(ii) Failure by the City to observe and perform any covenant, condition or
agreement on its part to be observed or performed under this Lease, the Trust Indenture
or the Ground Lease, other than as referred to in clause(i) of this Section 10.1, for a
period of ninety (90) days after written notice specifying such failure and requesting that
it be remedied has been given to the City by the Trustee on behalf of the Authority,
unless the Trustee shall agree in writing to an extension of such time prior to its
expiration if such an extension is reasonable under the circumstances.
(iii) The filing by the City of a voluntary petition in bankruptcy, or failure by
the City promptly to lift any execution, garnishment or attachment of such consequence
as would impair the ability of the City to carry on the operation of the Project, or
adjudication of the City as a bankrupt, or assignment by the City for the benefit of
creditors, or the entry by the City into an agreement of composition with creditors, or the
approval by a court of competent jurisdiction of a petition applicable to the City in any
proceedings instituted under the provisions of the Federal Bankruptcy Statute, as
amended, or under any similar acts which may hereafter be enacted.
The provisions of this Section 10.1 and Section 10.2 are subject to the following limitation: if by
reason of force majeure the City is unable in whole or in part to carry out its obligations under
this Lease with respect to the Project, other than the obligation of the City to pay Rental
Payments with respect thereto which shall be paid when due notwithstanding the provisions of
this paragraph, the City shall not be deemed in default during the continuance of such inability or
during any other delays which are a direct consequence of the force majeure inability. The term
'force majeure" as used herein shall mean, without limitation, the following: acts of God;
strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of
any kind of the government of the United States of America of the State of Minnesota or any of
its departments, agencies or officials, or any civil or military authority; insurrections; riots;
landslides; earthquakes; fires; storms; droughts; floods; explosions; or any other cause or event
not reasonably within the control of the City and not resulting from its negligence. The City
agrees, however, to remedy with all reasonable dispatch the cause or causes preventing it from
carrying out its obligations under this Lease; provided that the settlement of strikes, lockouts and
other employment disputes shall be entirely within the discretion of the City.
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Section 10.2. Remedies on Default. Whenever any event of default referred to in
Section 10.1 hereof shall have happened and be continuing with respect to the Project, the
Authority shall have the right, at its option, without further demand or notice, to take one or any
combination of the following remedial steps:
(i) with or without terminating this Lease, declare all Rental Payments due or
to become due during the Fiscal Year in effect when the default occurs to be immediately
due and payable by the City, whereupon such Rental Payments shall be immediately due
and payable; and
(ii) with or without terminating this Lease, enforce the Ground Lease and
repossess the Project by giving the City written notice to surrender the Project for the
remaining term of the Ground Lease. Notwithstanding the fact that the Authority has
taken possession of the Project, the City shall continue be responsible for the Rental
Payments due during the Fiscal Year then in effect. If this Lease has not been terminated,
the Authority shall return the Project to the City at the Lessee's expense when the Event
of Default is cured, or as required by the Ground Lease; and
(iii) if the Authority chooses to terminate this Lease and take possession of the
Project, the Authority shall thereafter use its best efforts to sell or lease its interest under
the Ground Lease and in the Project or any portion thereof in a commercially reasonable
manner in accordance with applicable State laws and apply the proceeds of such lease or
sale shall be applied in accordance with Section 7.03 of the Trust Indenture.
The Authority covenants to cooperate with the
Trustee upon request, in the exercise of
any of the foregoing remedies, which remedies shall be exercised by the Trustee, on behalf of the
Authority, pursuant to the Trust Indenture.
Section 10.3. Surrender of Project. Upon the termination of this Lease as aforesaid, the
City shall surrender possession of the Project to the Authority in the condition, repair,
appearance and working order required in Section 6.1.
Section 10.4. Delay; Notice. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often as
may be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in
this Lease it shall not be necessary to give any notice, other than such notice as may be required
in this Lease or by law.
Section 10.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to
the Authority is intended to be exclusive and every such remedy shall be cumulative and shall be
in addition to every other remedy given under this Lease or now or hereafter existing at law or in
equity. No delay or omission to exercise any right or power accruing upon any default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time and as often as may be deemed expedient.
Section 10.6. Agreement to Pay Attorneys' Fees and Expenses. In the event either party
to this Lease should default under any of the provisions hereof and the nondefaulting party
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should employ attorneys or incur other expenses for the collection of moneys or the enforcement
or performance or observance of any obligation or agreement on the part of the defaulting party
herein contained, the defaulting party agrees that it will on demand therefor pay to the
nondefaulting party the reasonable fee of such attorneys and such other expenses so incurred by
the nondefaulting party.
Section 10.7. No Additional Waiver Implied by One Waiver. In the event any
agreement contained in this Lease should be breached by either party and thereafter waived by
the other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other breach hereunder.
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ARTICLE XI
TITLE
Section 11.1. Title. During the Lease Term, and so long as the City is not in default
under Article X, legal title to the Improvements and any and all repairs, replacements,
substitutions and modifications to it shall be in the name of the Authority, subject to the interests
of the City under this Lease; and legal title to the Land shall be in the City, subject to the interst
of the Authority under the Ground Lease. Upon termination of this Lease pursuant to Section
4.2(c), full and unencumbered legal title to the Project shall pass to the City, and the Authority
shall have no further interest therein. In such event, the Authority shall execute and deliver to
the City such documents as the City may request to evidence the passage of legal title to the
Project to the City and the termination of the Authority's interest therein.
Section 11.2. Security Interest. The Authority shall have and retain a security interest
under the Uniform Commercial Code in the Project, the proceeds thereof and all repairs,
replacements, substitutions and modifications thereto or thereof made pursuant to Section 8.3,
and a security interest in the proceeds of all insurance policies and amounts held in the funds
established pursuant to the Trust Indenture relating to the Bonds, in order to secure the City's
payment of all Rental Payments due during the Lease Term and the performance of all other
obligations herein to be performed by the City. The Authority is authorized to record such
financing statements as may be necessary to perfect such security interest. The City will join
with h
the Authorityin executing such other documents and will perform such acts as the
g
Authority may request to establish and maintain a valid security interest in the Project. If
requested by the Authority, the City shall conspicuously mark the Project with appropriate
lettering, labels or tags, and maintain such markings during the Lease Term, so as clearly to
disclose the Authority's security interest in the Project.
Section 11.3. Purchase of Project. On any Business Day on or after [ 1,
20[ ] and as otherwise provided herein, except during the continuance of an Event of Default,
the City shall have the option of purchasing the Project as follows:
(a) The City shall give written notice to the Authority of its intention to
purchase the Project and the Authority shall give written notice to the Trustee of its
intention to redeem the Bonds. The City notice must state therein a closing date not less
than forty-five (45) days after the date the notice is mailed, and the Authority shall make
arrangements satisfactory to the Trustee for the giving of any required notice of
redemption or notice of defeasance of the Bonds in connection with the purchase.
(b) The City shall pay to the Trustee, on or before the closing date, an amount
equal to the Purchase Price for the Project.
(c) On the closing date, a closing shall be held at the principal office of the
Trustee or any other office mutually agreed upon. At the closing the City and the
Authority shall, upon acknowledgment of receipt of the Purchase Price, the Authority
shall convey or release to the City, all of its right, title and/or interest in and to the Project
by delivering to the City such documents as the City deems necessary for this purpose.
-23-
Draft(8/31/16)
At such time as all of the Bonds have been fully paid or provision for payment thereof
has been made in accordance with the provisions of the Indenture, and all expenses of the
Authority and Trustee have been paid or provided for to the date of such full payment of the
Bonds, the City shall be deemed to have purchased all right, title and interest of the Authority in
the Project, this Lease shall be deemed terminated, and title to the Project shall automatically
vest in the City. Nevertheless, the Authority, at the expense of the City, shall execute such
documents as shall be reasonably necessary to convey its interest in the Project to the City.
Section 11.4. Personal Property. The Improvements are and shall at all times be and
remain personal property notwithstanding that the Improvements or any part thereof may be or
hereafter may become in any manner affixed or attached to or embedded in or permanently
rested upon real property or any building thereon or attached in any manner to what is permanent
by means of cement, plaster, nails,bolts, screws or otherwise.
-24-
Draft(8/31/16)
ARTICLE XII
ADMINISTRATIVE PROVISIONS
Section 12.1. Notices. All notices, certificates or other communications hereunder shall
be sufficiently given and shall be deemed given on the earlier of(i) delivery or (ii)three days
following deposit in the United States mail in first-class form with postage fully prepaid. Any
notice provided hereunder by the City or the Authority shall also be sent to Trustee at the address
given in Section 13.08 of the Trust Indenture.
Section 12.2. Binding Effect. This Lease shall inure to the benefit of and shall be
binding upon the Authority and the City and their respective successors and assigns.
Section 12.3. Severability. In the event any provision of this Lease shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 12.4. Amendments, Changes and Modifications. This Lease may be amended
or any of its terms modified only by written amendment authorized and executed by the City and
the Authority, and in accordance with Article XII of the Trust Indenture.
Section 12.5. Further Assurances and Corrective Instruments. The Authority and the
City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments as
may reasonably be required for correcting any inadequate or incorrect description of the Project
hereby sold or intended so to be or for carrying out the expressed intention of this Lease.
Section 12.6. Execution Counterparts. This Lease may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 12.7. Applicable Law. This Lease shall be governed by and construed in
accordance with the laws of the State.
Section 12.8. Captions. The captions or headings in this Lease are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or Sections of this
Lease.
-25-
IN WITNESS WHEREOF, the Authority has caused this Lease to be executed in its
corporate name by its duly authorized officers and the City has caused this Lease to be executed
in its name by its duly authorized officers as of the date first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF GOLDEN
VALLEY,MINNESOTA, as lessor
By
Chair
Attest:
Authority Director
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on this day of October, 2016,by
Steve Schmidgall and Tim Cruikshank, the Chair and Authority Director, respectively, of
Housing and Redevelopment Authority of the City of Golden Valley, Minnesota, a Minnesota a
body corporate and politic of the State of Minnesota.
Notary Public
Commission Expiration:
(SEAL)
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
S-1
Draft(8/31/16)
[COUNTERPART SIGNATURE PAGE TO LEASE-PURCHASE AGREEMENT DATED AS
OF OCTOBER 1, 2016]
CITY OF GOLDEN VALLEY,MINNESOTA,
as lessee
By
Mayor
Attest:
City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on this day of October, 2016,by
Shep Harris and Tim Cruikshank, the Mayor and City Manager, respectively, of the City of
Golden Valle Minnesota a Minnesota esota political subdivision.
Notary Public
Commission Expiration:
(SEAL)
S-2
Draft(8/31/16)
EXHIBIT A
DESCRIPTION OF LAND AND IMPROVEMENTS
Description of Land
A portion of the property legally described in Exhibit A-1, as depicted in Exhibit A-2:
Exhibit A-1
Par 1: That part of the Northeast Quarter of Section 6, Township 117, Range 21, described as
beginning at the Northwest corner of said Northeast Quarter; thence East along the North line
thereof 1485 feet, more or less, to an intersection with the extention of the West line of"Jessen's
Addition", which West line is marked by Judicial Landmark set pursuant to Torrens Case No.
5458 at the Northwest and Southwest corners of "Jessen's Addition"; thence South along the
extension of the West line of"Jessen's Additions", and South along the West line of"Jessen's
Additions" a distance of 1053.05 feet to the Southwest corner of"Jessen's Additions"; thence
South along the West line of Hope Chest Addition and its extension a distance of 844.35 feet;
thence Northwesterly deflecting to the righ 121 degrees, 18 minutes, a distance of 403.3 feet;
thence Westerly along a tangential curveto the left, having a delta angle of 37 degrees 56 mintues
and a tangent of 302 .. 1 feet, a distance of 580.6 feet; thence Westerly, tangent to said last
described curve, a distance of 582.35 feet to a point on the West line of said Northeast Quarter
distant 1566.65 feet South along said West line from the point of beginning; thence North along
the West line of said Northeast Quarter to the point of beginning.
A-1
Draft(8/31/16)
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EXHIBIT B
COMPLETION CERTIFICATE
The undersigned, being a duly appointed City Representative under the Lease-Purchase
Agreement, dated as of October 1, 2016 (the "Lease"), between the Housing and Redevelopment
Authority of the City of Golden Valley, Minnesota (the "Authority"), and the City of Golden
Valley, Minnesota (the "City"), hereby certifies on behalf of the City with respect to the project
to be acquired and constructed under said Lease (the "Project"), that the Project has been
acquired and constructed pursuant to and in accordance with said Lease, and is now available for
use by the City.
Dated , 20
THE CITY OF GOLDEN VALLEY,
MINNESOTA
By
City Representative
B-1
city 0f
goldenl!,V-. %�
MEMORANDUM
vaey Police Department
763-593-8079/763-593-8098(fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 16, 2016
Agenda Item
6. B. Authorization to Sign the Amended Agreement with Breck School for Community Service
Officer
Prepared By
Jason Sturgis, Chief of Police
Summary
In 2009, the Police Department entered an agreement with Breck School to provide traffic control
during school days in exchange for reimbursement for the salary and benefits of a full-time
Community Service Officer. In prior agreements, the Police Department sent two Community
Service Officers to assist with traffic control. The agreement was revised in 2015 to state the
Police Department will now send one Community Service Officer and Breck School will provide
one civilian employee to work under the authority of the Breck School Community Service Officer
for the purpose of traffic control.
A new agreement between the Police Department and Breck School was made for the 2016-2017
and 2017-2018 school years. This agreement for CSO traffic control paid by Breck School is for
$27,200 for the 2016-2017 school year. For the 2017-2018 school year, it will be $27,880, which
reflects a 2.5%wage increase.
Although paid for by Breck School, the Breck School Community Service Officer is an employee of
the City, subject to the terms and conditions of employment with the City, and under the chain of
command of the Police Department.
Attachments
• Amended Community Services Officer Agreement (3 pages)
Recommended Action
Motion to authorize the Mayor, City Manager and Police Chief to sign the amended Community
Service Officer Agreement with Breck School for the 2016-2017 and 2017-2018 school years.
COMMUNITY SERVICE OFFICER AGREEMENT
This Community Service Officer Agreement ("Agreement') is made by and between the City of
Golden Valley and Breck School ("Breck School'),pursuant to P.U.D. No. 88, Paragraph C(2).
NOW, THEREFORE,be it resolved that the parties to this Agreement agree as follows:
1. PURPOSE: The purpose of this Agreement is to define the duties and responsibilities of
the City of Golden Valley, its Police Department, and Breck School in the operation of the
Community Service Officer Program.
2. TERM OF AGREEMENT: The term of this Agreement shall be for the 2016-2017 and
2017-2018 Breck School Years, beginning upon execution of this Agreement. The Agreement
may be continued, canceled or modified at the end of the 2017-2018 Breck School Year. Breck
School is obligated to notify the City of Golden Valley of its intention to continue, cancel or
modify this Agreement at least(90)days prior to its termination.
3. PERSONNEL: The Chief of Police shall staff a community service officer to fill the
position of Breck School Community Service Officer(the `Breck School CSO") during the term
of this Agreement. Breck School shall staff a civilian employee to work under the authority of
the Breck School CSO for the purpose of traffic control.
4. CHAIN OF COMMAND: Any individual serving as the Breck School CSO shall be a
full-time employee of the City of Golden Valley and shall report to the Chief of Police or his/her
designee regarding all law enforcement and employment related matters; and shall receive
assignments to particular duties from the Chief of Police or his/her designee. The City of Golden
Valley shall provide training to any individual serving as the Breck School CSO for his/her
assigned duties including traffic control skills training and shall provide traffic control skills
training to any other CSO providing traffic control services to Breck School on a regular basis.
5. WORK DAYS: The Breck School CSO shall work at Breck School providing traffic
control services from a time period starting forty-five minutes prior to the school start time until
fifteen minutes after the start of school time both as determined by the Breck School and fifteen
minutes prior to the school end time until thirty minutes after the school end time both as
determined Breck Schools, everyday school is in session, which times shall be adjusted as
necessary in the event inclement weather or other events delay the school start time or cause
early release. Any officer serving as a Breck School CSO shall make the appropriate
arrangements for time off, vacations and holidays, etc. in accordance with the police collective
bargaining agreement.
6. ABSENCE FROM WORK: In the event that the Breck School CSO is sick or has other
unplanned absences, he/she shall notify BOTH the Breck School in accordance with their policy,
and the police department in accordance with their policy. The police department shall attempt to
provide officer coverage when the Breck School CSO is not available for duty. Requests for
floating holidays shall be made to the police department for approval, and notification shall be
made by the Breck School CSO to the appropriate personnel of Breck School.
1
7. TRAFFIC CONTROL: The Breck School CSO shall, twice per day at the times described
in Section 5 herein, on all days when school is in session during the term of this Agreement
provide traffic control services to Breck School. In addition, Breck School will provide one
civilian employee to work with the Breck School CSO in carrying out the twice-daily traffic
control duties on all school days to maintain the orderly flow of traffic. In the event of an
unscheduled employee absence of the Breck School CSO, the City of Golden Valley shall
attempt to provide alternate coverage. In the event of an unscheduled employee absence of the
Breck civilian employee, Breck School shall attempt to provide alternate coverage.
8. DRESS CODE: This position is a uniformed position and the police department shall
supply appropriate uniforms and equipment for CSOs providing traffic control services at the
Breck School.
9. HANDLING OF POLICE RELATED INCIDENTS: Criminal activity and incidents
normally handled by the police shall be dealt with by the Breck School CSO in accordance with
police department policy, state and federal law, and generally accepted police practices. The City
of Golden Valley shall be liable for the acts of its officers, employees or agents and the results
thereof to the extent authorized by law and shall not be responsible for the acts of the Breck
School, its officers, employees or agents.
10. SCHOOL DISCIPLINE: The Breck School CSO is not part of the disciplinary team of
Breck School, and shall not normally become involved in discipline issues or the enforcement of
school rules except as they relate to maintaining a peaceful and safe environment at Breck
School.
11. LIMITATIONS. The provisions of Minn. Stat. Section 471.59, the Municipal Tort
Claims Act, Minn. State Chap. 466 and other applicable laws govern liability of the City of
Golden Valley and the Breck School.
12. COMPENSATION AND COST SHARING: It is agreed that Breck School shall
reimburse the City of Golden Valley for the Breck School CSO $27,200 for the 2016-2017
school year and $27,880 for the 2017-2018 school year(reflects a 2.5% wage increase).
13. GOVERNING LAW. The Agreement shall be governed by and construed in accordance
with the substantive and procedural laws of the State of Minnesota, without giving effect to the
principles of conflicts of laws. All proceedings related to this Agreement shall be venued in
Hennepin County.
This Agreement may only be modified by the mutual written Agreement of the parties.
2
Dated this 23 d day of June, 2016.
CITY OF GOLDEN VALLEY BRECK SCHOOL
Mayor, Shepard M. Harris
City Manager, Timothy J. Cruikshank
Police Chief, Jason Sturgis
3
city 0f0
eMEMORANDUM
golden
vallPhysical Development Department
y t y p p n
763-593-8030/763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
6. C. Second Consideration -Amending City Code Section 9.07, Modifying Winter Parking
Regulations.
Prepared By
Marc Nevinski, Physical Development Director
Summary
In August of 2014,the City enacted City Code Section 9.07 Subdivision 3, which prohibits on-
street parking between the hours of midnight and 6:00 AM from November 1 to March 31 in
order to facilitate more efficient and effective snow and ice removal throughout the City. The
Council has since discussed this section of code periodically, and at its Council-Manager Meeting
on June 14, 2016, decided to modify the ordinance to prohibit on-street parking from 2:00 AM to
6:00 AM. Council gave first consideration of the ordinance modification at its meeting on August
16, 2016.
Attachments
• City Code Section 9.07, redlined (1 page)
• Ordinance#611, Amending Section 9.07: Winter Parking Regulations (1 page)
Recommended Action
Motion to adopt second consideration Ordinance#611, Amending Section 9.07: Winter Parking
Regulations.
§ 9.07
Section 9.07:
Winter Parking Regulations
Subdivision 1. Snow Emergency
After a snowfall of at least two (2) inches, parking is prohibited on any public street
or alley. Parking may not resume on any such street or alley until the snow has
stopped accumulating and the same street or alley has been plowed with the snow
removed to the curb line or edge of the street or alley.
Subdivision 2. Snow Removal and Hauling
The City Manager or his/her designee is hereby authorized to post "No Parking"
signs for snow removal along streets where snow removal operations will require
the use of the entire width of the street by snow plowing and removing equipment.
Such signs shall be posted at frequent intervals at least four (4) hours prior to the
time when snow removal commences on the street so posted, and such signs shall
be removed promptly after completion of the snow removal operation. Snow
removal shall be done on any street so posted as soon as possible following a lapse
of four (4) hours after posting the signs. It is unlawful for any person to park any
vehicle, or leave any vehicle which was parked at the time of posting for a period of
more than two (2) hours thereafter, in any block on any street so posted during the
time the said signs are posted thereon, and it is also unlawful for any person other
than an authorized representative of the City to remove said signs.
Subdivision 3. Public Street and Alley Parking Restrictions.
Parking is prohibited on any public street or alley from November 1 through March
31 from 2 am until 6 am daily.
Golden Valley City Code Page 1 of 1
ORDINANCE NO. 611, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 9.07: Winter Parking Regulations,
Public Street and Alley Parking Restrictions
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 9.07, Subdivision 3 Public Street and Alley Parking
Restrictions is amended to read as follows:
Parking is prohibited on any public street or alley from November 1 through
March 31 from 2 am until 6 am daily.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 6th day of September, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0
golden MEMORANDUM
11 Physical Development Department
Va, ey Ph y p p ment
763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
6. D. Approval of Plat - Central Park West PUD No. 121 Second Addition and Authorization to Sign
PUD Permit- Central Park West PUD No. 121, Amendment#2
Prepared By
Emily Goellner, Associate Planner/Grant Writer
Summary
On August 16, 2016, the City Council held a public hearing and approved the Final PUD Plan for
Amendment#2 to the Central Park West PUD. The Final Plat and PUD Permit have been prepared
for consideration. City staff has reviewed the documents and finds them to be consistent with the
approved Final PUD Plan and the requirements of City Code.
Attachments
• PUD Permit- Central Park West PUD No. 121, Amendment#2 (4 pages)
• Resolution for Approval of Plat - Central Park West PUD No. 121 Second Addition (1 page)
• Final Plat - Central Park West PUD No. 121 Second Addition (1 page)
Recommended Action
Motion to adopt Resolution for Approval of Plat- Central Park West PUD No. 121 Second
Addition.
Motion to authorize the Mayor and City Manager to sign the PUD Permit for Central Park West
PUD No. 121 Amendment#2.
Central Park West P.U.D. No. 121
City Council Approval: April 7, 2015
City Council Approval Amendment #-- 2: MafGb- 5 August 16, 2016
City of Golden Valley, Minnesota
Use Permit
for
Planned Unit Development
Amendment#1- 2
Project Name: 10 West End - Central Park West P.U.D. No. 121
Location: 5075 Wayzata Boulevard Unassigned
Legal Description: Lot Z BlOGk 1 Central Dort West P.U.D.r121
n -v ,No�rv�z2 T
Lot 2, Block 1 Central Park West P.U.D. No. 121 Second Addition
Applicant: RISLP, Ryan Companies US, Inc.
Address: 403 W1 Ave NVV Suite 200 Willmar MN 56201
50 South loth Street, Suite 300, Minneapolis, MN 55403
Owner: AGSLP, LLG OP4 SLP, LLC
Address: 103 W1 Ave NW, Suite 200, Willmar, MN 56201
c/o The Excelsior Group
1660 Highway 100 South, Suite 400, St. Louis Park, MN 55416
Zoning District: Business and Professional Offices
Permitted Uses: Amendment #1 allews for the hotel surfaGe parking lot to be
IGGated iR GeldeR Valley. The hotel building will be IGGated in St-.
Louis P Amendment #2 allows for an 11-story office building
and 7-level parking ramp.
Components:
A. Land Use
1. The plans prepared by Gelhorg Tews and Cities Edge ArnhiteGts Rvan
Companies submitted on MaFGi 1 June 28, 2016, shall become a part of this
approval.
2. After the site is completely built-out, no snow shall be stored on the site.
3. The City of St. Louis Park approves that portion of the PUD within its jurisdiction.
Central Park West P.U.D. No. 121, Amendment #4 2 Page 2
B. Construction
1. The recommendations and requirements outlined in the memo from the Fire
Department to the Planning Manager dated February July 1, 2016, shall become
a part of this approval.
2. The recommendations and requirements outlined in the memos from the
Engineering Division to the Planning Manager dated €ebruaFy July 11, 2016,
shall become a part of this approval.
3. The design specifications, including building location, fagade treatment and
materials, and site design, as submitted by the applicant, shall become part of
this approval.
4. All signs on the property must meet the requirements of the City's sign code.
5. The east-west driveway located along the south side of the proposed office and
ramp property (Lot 2) must modified to include only one-way access in the
westward direction. The driveway must be 20 feet in width and include the
appropriate curb tapers, signage, and pavement markings.
6. If there are complaints from hotel users or the hotel owner, located on Lot 3 of
PUD 121, that overflow parking in the parking ramp is not convenient or
available the City reserves the right to require that up to 110 parking spaces be
signed and/or striped to designate hotel parking.
7. Because the attached PUD Plan includes final design plans for only Phase 1 of
the Office and Parking Ramp, the owner or future owner must submit an
application for a Major PUD Amendment, and receive approval therefor, when
final design plans for Phase 2 of the Office and Parking Ramp are prepared,
prior to issuance of any building permits for Phase 2 of the Office and Parking
Ramp.
8. The owner shall submit a letter of credit or cash deposit to the City of Golden
Valley for the cost of the proposed public art installation on the parking ramp
fa ade.
9. The owner shall engage community members in the design process for the
public art proposed for the parking ramp facade, in a process that is acceptable
to the City Manager or his/her designee.
10. The owner shall pay all required fees and costs incurred by the City related to
the review and processing of the application, including legal and professional
consulting costs.
11. A minimum of two electric vehicle charging stations must be installed in a
convenient location within the parking ramp.
Central Park West P.U.D. No. 121, Amendment #4 2 Page 3
12. Parking ramp facades shall display an integration of building materials, building
form, textures, architectural motif, and building colors with the principal building
on Lot 2.
13. The parking ramp shall include security cameras as well as interior lighting with
an average horizontal illumination of at least one footcandle in order to ensure
safety of ramp users.
14. The owner must enter into a maintenance agreement with the City, before the
issuance of building permits, outlining the owner's responsibility for the
maintenance of the public art on the parking ramp.
15. The plan shall inGlude a diFeGt and rontinwews sidewalk between the buildiRg'S
16. BiGyGle parking shall be leGated within 50 feet of the hotel buildiRg'S fren
entre.
17. The owneFleperater of the hotel shall supply a shuttle seFViGe plan subjeGt to
approval and periediG review by the Gity.
C. Grading, Utilities, Access and Other Engineering Issues
1 The reeemmeRdatiGRs and Fequiromonts GUtliRed in the moron frern thee
Engineering Division to the Plann ng Manager dated Febrwap� 1, 2016, shall
beGOrne a part of this approval.
2.
Management Plan submitted to the City en MaFGh 20, 2015. The ewneF may - -
fequired to update the plan or submit a new plan to the Golden Valley and St.
eu*s Dort I 394 joint Toch FeFGe as needed.- The property owners of any parcel
in the Central Park West PUD shall adhere to the Travel Demand Management
Plan approved for the West End Redevelopment, which will serve to reduce
traffic congestion. The applicant shall provide an update to the Travel Demand
Management Plan and must receive staff approval prior to the issuance of a
building permit. Based on the monitoring of traffic conditions, the owner will be
required to update the plan or submit a new plan to the Golden Valley and St.
Louis Park 1-394 Joint Task Force in the future as needed.
3. The plan shall include a detailed Lighting Plan in accordance with the City's
Outdoor Lighting requirements (Section 11.73).
4. The owner shall dedicate easements for public use of certain sidewalks and trails
located within the City of Golden Valley, both inside and outside the Linear Park,
in a form acceptable to the City Attorney.
Central Park West P.U.D. No. 121, Amendment #41- 2 Page 4
D. Subdivision
1. The owner consents and agrees to be bound by the applicable terms and
conditions in the previously established Development Agreement between the
City and Central Park West, LLC, executed on May 8, 2015.
2. The owner consents and agrees to be bound by the applicable terms and
conditions in the previously established Easement, Maintenance and Cost-
Sharing Agreement between Central Park West, LLC and OP4 SLP,LLC
executed on May 8, 2015.
3. The appliGant Gensents and agrees te be bound by the appliGable terms an-d
Gonditions on the previously established Utility and Sidewalk MainteRanGe
Agreement exeGuted betweeR the City of Gelden Valley and GeRtral Park VV
e nM122015.-
It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council
approval granted on April 7, 2015, apd March 15, 2016, and August 16, 2016. Any
changes to the PUD Permit for Central Park West P.U.D. No. 121 shall require an
amendment.
AGSLP, L G OP4 SLP, LLC
rcvvcr-�c
Witness: By:
Title:
Date:
CITY OF GOLDEN VALLEY
Witness: By:
Shepard M. Harris, Mayor
Date:
Witness: By:
Timothy J. Cruikshank, City Manager
Date:
Warning: This permit is subject to all other state, federal, and local ordinances,
regulations, or laws with authority over this development.
Resolution 16-51 September 6, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION FOR APPROVAL OF PLAT - CENTRAL PARK WEST P.U.D. NO. 121
SECOND ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as Central
Park West P.U.D. No. 121 Second Addition covering the following described tracts of land:
Lot 1 , Block 1 and Outlot A, CENTRAL PARK WEST P.U.D. No. 121, recorded May 8,
2015 as 5254064 in Hennepin County, Minnesota.
WHEREAS, all persons present were given the opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
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.
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city 0
lden MEMORANDUM
go
11 Park and Recreation Department
valley P t
763-512-2345/763-512-2344(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
6. E. Authorize Submittal of Application for Hennepin Youth Sports Program Grants for Isaacson
Park ball fields
Prepared By
Rick Birno, Director of Parks and Recreation
Summary
Applications for the Hennepin Youth Sports Program Grant will be accepted this fall for the 2017
grant cycle. Staff has discussed possible projects and recommends proceeding with applying for
funds to partner with Golden Valley Little League for the replacement (field #1) and addition
(fields #2 and #3) of outdoor field lights at Isaacson Park. The improvement project will also
include the replacement of all field bleachers with ADA and safety compliant units. Isaacson Park
is located at 7101 Sandburg Lane and is owned and operated by the City of Golden Valley. City
staff is in support of the collaborative effort to upgrade the facility.
The attached resolution, approving a grant submission, outlines a proposal for the youth athletic
facilities at Isaacson Park. The grant request will be for$300,000 from Hennepin County, with
additional funds in the amount of$55,000. The application will also include in-kind support for
project management and implementation by city staff in the amount of$20,000. Project match
funding is as follows:
Project fiscal breakdown:
• $300,000 (Grant from Hennepin Youth Sports Program)
• $10,000 (Golden Valley Little League Improvement Project Commitment)
• $25,000 (City of Golden Valley matching contribution 2017 CIP)
• $20,000 (City of Golden Valley Bleacher Replacement 2017 CIP)
• $20,000 (City of Golden Valley In-kind Project Administration and Implementation)
Attachments
• Resolution Authorizing Submittal of Application for Hennepin Youth Sports Program Grant
(1 page)
Recommended Action
Motion to adopt Resolution Authorizing Submittal of Application for Hennepin Youth Sports
Program Grant for replacement and addition of outdoor field lights and bleachers at the Isaacson
Park ball fields.
Resolution 16-52 September 6, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR
HENNEPIN YOUTH SPORTS PROGRAM GRANT
WHEREAS, Hennepin County, via its Youth Sports Grant Program, provides for
capital funds to assist local government units of Hennepin County for the deveopment of
sports or recreation facilities; and
WHEREAS, the City of Golden Valley desires to make improvements at Isaacson
Park to replace an outdated field light system (field #1), add new light systems (Fields #2 &
#3), and replace all field bleachers with safety compliant units. These improvements will
allow for more efficient use of Golden Valley athletic facilities throughout the community
and allow Golden Valley to become a key location for local, regional and statewide baseball
tournaments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley:
1. The estimate of the total cost of the proposed improvements at Isaacson Park is
$375,000 and the City of Golden Valley is requesting $300,000 from the
Hennepin County Youth Sports Grant Program. The City of Golden Valley will
assume responsibility in a partnership with Golden Valley Little League Youth
Baseball Association for fiscal and in-kind labor support of$75,000.
2. The City of Golden Valley agrees to be the fiscal agent and manage the project,
and will operate and maintain Isaacson Park for the intended purpose of youth
baseball in a partnership with Golden Valley Little League.
3. The City of Golden Valley agrees to enter into necessary and required
agreements with Hennepin County for the specific purpose of improving youth
athletic facilities.
4. That the City Manager and/or Director of Parks and Recreation is authorized and
directed to execute said application and serve as official liaison with Hennepin
County or its authorized representative.
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.
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
6. F. First Consideration of Rate Increase for Emergency Water Supply
Prepared By
Susan Virnig, Finance Director
Summary
In 2014, the cities of Golden Valley, Crystal, and New Hope acting as the Joint Water Commission
approved construction of an emergency water supply system.
Golden Valley financed their share with an inter-fund loan from the Storm Sewer Utility Fund. An
Emergency Water Supply rate was approved in October, 2014 at 20 cents per 1000 gallons to
make payments on the loan. The 20 cents were based on an average of three years consumption.
Since that time, the consumption levels have decreased.
Staff is recommending an increase from 20 cents per 1000 gallons to 30 cents per 1000 gallons
for payment designated for the emergency water supply system. This rate would begin for all
billings after November 1, 2016.
Second Consideration for the Rate Increase will be at the September 20 meeting.
Attachments
•Ordinance #613, Amendment to the master Fee Schedule for City Utility Bill Water Fee for
Emergency Water Supply (1 page)
Recommended Action
Motion to adopt first consideration Ordinance #613, Amendment to the 2016 Master Fee
Schedule for City Utility Bill Ester Fee for Emergency Water Supply.
ORDINANCE NO. 613, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to the Master Fee Schedule
City Utility Bill Water Fee for Emergency Water Supply
The City Council for the City of Golden Valley hereby ordains:
Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby
amended effective November 1, 2016, by adding the following:
Emergency Water Supply Based on 1,000 Gallons of Water $ .30/1,000
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its
entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 6th day of September, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0
go lden MEMORANDUM
11
V 1�
G�. eY- Physical Development Department
763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
60 day deadline: July 15, 2016
60 day extension: September 13, 2016
Agenda Item
6. G. Authorization to Sign Amended PUD Permit-Tennant Company PUD No. 114, Amendment
#1- 701 Lilac Drive North -Tennant Company, Applicant
Prepared By
Jason Zimmerman, Planning Manager
Summary
Tennant Company has applied to amend its Planned Unit Development (PUD) permit in order to
make improvements to the loading dock area in the northwest corner of the property located at
701 Lilac Drive North. After the submission of the required materials and subsequent to
conversations regarding the project with staff, the applicant requested a 60 day extension to
allow the company to decide if and how it wanted to proceed. That 60 day deadline is
approaching and, as of the time of the writing of this staff report, a second 60 day extension has
not been agreed to by the applicant.
Absent a second extension, and without the assurance that the applicant intends to proceed with
the project as proposed, staff is recommending a denial of the current request. If and when the
applicant decides to move forward with this proposal - or another version of it - a second
application would need to be submitted.
Recommended Action
Motion to deny Tennant Company PUD No. 114, Amendment No. 1.
city 0
golden!�. MEMORANDUM
valley City Administration/Council
763-593-8003/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
September 6, 2016
Agenda Item
6. H. Approval of Elected Official Out-of-State Travel
Prepared By
Timothy Cruikshank, City Manager
Summary
In 2005, the Minnesota Legislature adopted Minnesota Statute 471.661, requiring local units of
government to adopt a policy that would control travel of elected officials outside of the state of
Minnesota. The City approved Resolution 05-68 establishing the Elected Official Out-of-State
Travel Policy at the November 15, 2005, City Council meeting. Under this policy the City
recognizes that its elected official may at times receive value from traveling out of state for
workshops, conference, events and other assignments. The policy sets forth the conditions under
which the out-of-state travel will be reimbursed by the City.
The City's Elected Official Out-Of-State Travel Policy requires Council approval, in advance, of the
outside the state of Minnesota for elected officials.
Under this travel policy:
• Council Member Clausen is requesting to attend the Rail—volution Conference, October 9-
12, 2016, in San Francisco, CA. The conference cost is approximately$2,380.50. 75%of
Council Member Clausen's expenses are expected to be paid by a Counties Transit
Improvement Board (CTIB) scholarship with a maximum reimbursement of$2,000.
Conference information is located at: http://railvolution.org/the-conference/conference-
information/2016-conference-schedule/.
Currently, $5,000 is budgeted annually in the Council's budget for the out-of-state travel of
elected official.
Attachments
• City Council Executive Summary of November 15, 2005, regarding Approval of Elected Official
Out-of-State Travel Policy (4 pages)
Recommended Action
Motion to approve reimbursement of requested out-of-state travel for Council Member Clausen.
0 Memorandum
o en a e City Administration/Council
763-593-8096/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
November 15, 2005
Agenda Item
4. E. Approval of Elected Official Out-of-State Travel Policy
Prepared By:
Paula A. Graff, Human Resources Coordinator
Summary
In accordance with newly passed legislation, Minnesota Statute 471.661 Sec. 38, the City
Council is required to develop a policy that controls travel of elected officials outside the state
of Minnesota.
Council reviewed a model policy at the September 13 Council/Manager meeting and asked
that the item be prepared for formal action prior to the January 1, 2006 deadline.
Attachments
Resolution Establishing the Elected Official Out-of-State Travel Policy (3 pages)
Recommended Action
Motion to adopt Resolution Establishing the Elected Official Out-of-State Travel Policy.
Resolution 05-68 November 15, 2005
Member introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING THE ELECTED OFFICIAL
OUT-OF STATE TRAVEL POLICY
WHEREAS, the 2005 Minnesota Legislature required political subdivisions to
develop a policy that controls travel of elected officials outside the state of Minnesota; and
WHEREAS, the City of Golden Valley recognizes that its elected officials may at
times receive value from traveling out of the state for workshops, conferences, events and
other assignments;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley that it hereby adopts the attached Elected Official Out-of-State Policy which
establishes the conditions under which out-of-state travel will be reimbursed, in accordance
with Minnesota Statute 471.661 Section 38;
BE IT FURTHER RESOLVED that this policy will be reviewed annually and is
available for public inspection upon request, as required by statute.
Linda R. Loomis, Mayor
ATTEST:
Donald G. Taylor, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 05-68 - Continued November 15, 2005
ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY
Purpose:
The City of Golden Valley recognizes that its elected official may at times receive value
from traveling out of the state for workshops, conferences, events and other assignments.
This policy sets forth the conditions under which out-of-state travel will be reimbursed by
the City.
General Guidelines:
1. The event, workshop, conference or assignment must be approved in advance by
the City Council at an open meeting and must include an estimate of the cost of the
travel. In evaluating the out-of-state travel request, the Council will consider the
following:
• Whether the elected official will be receiving training on issues relevant to the
City or to his or her role as the Mayor or as a Council Member;
• Whether the elected official will be meeting and networking with other elected
officials from around the country to exchange ideas on topics of relevance to
the City or on the official roles of local elected officials.
• Whether the elected official will be viewing a city facility or function that is
similar in nature to one that is currently operating at, or under consideration
by the City where the purpose for the trip is to study the facility or function to
bring back ideas for the consideration of the full Council.
• Whether the elected official has been specifically assigned by the Council to
visit another city for the purpose of establishing a goodwill relationship such
as a "sister-city" relationship.
• Whether the elected official has been specifically assigned by the Council to
testify on behalf of the City at the United States Congress or to otherwise
meet with federal officials on behalf of the City.
• Whether the City has sufficient funding available in the budget to pay the cost
of the trip.
2. No reimbursements will be made for attendance at events sponsored by or affiliated
with political parties.
3. The City may make payments in advance for airfare, lodging and registration if
specifically approved by the council. Otherwise all payments will be made as
reimbursements to the elected official.
4. The City will reimburse for transportation, lodging, meals, registration, and incidental
costs using the same procedures, limitations and guidelines outlined in the City's
policy for out-of-state travel by City employees.
5. Airfare will be reimbursed at the coach rate.
Resolution 05-68 - Continued November 15, 2005
6. Mileage will be reimbursed at the IRS rate. If two or more Council Members travel
together by car, only the driver will receive reimbursement. The City will reimburse
for the cost of renting an automobile if necessary to conduct City business.
7. Lodging and meal costs are limited to those which are reasonable and necessary.
8. Receipts are required for lodging, airfare, and meals and should accompany an
expense report form. It is not necessary to have receipts for cabs and tips. The
expense report form shall be submitted to the Finance Department for payment.
9. The City will not reimburse for alcoholic beverages, personal telephone calls, costs
associated with the attendance of a family member, rental of luxury vehicles, meal
expenses included in the cost of registration, or recreational expenses such as golf
or tennis.
AGENDA
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
September 13, 2016
6:30 pm
Pages
1. Fire Station Study (30 minutes)
2. Debt Analysis/Infrastructure (20 minutes)
3. Set Preliminary Levy and Budget:
2017-2018 Budget (All Funds) (20 minutes)
2017-2021 Capital Improvement Program (10 minutes)
Wrap Up
Council/Manager meetings have an informal, discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
le
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006(TTY: 763-593-3968)to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
ti1`y't7t SW
gohknAGENDA
valley Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
September 20, 2016
6:30 pm
1. CALL TO ORDER PAGES
A. Pledge of Allegiance
B. Roll Call
C. Board/Commission Oath of Office and Presentation of Certificate of Appointment
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member 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 September 6, 2016
B. Approval of City Check Register
C. Licenses:
D. Minutes of Boards and Commissions:
E. Bids and Quotes:
1. Award Glenwood Sidewalk /Wayzata Turn Lane Contracts
2. Award Liberty Crossing Flood Mitigation Public Improvement Project (15-16)
F. Second Consideration - Ordinance - Amendment to the 2016 Master Fee Schedule
for Increase in Emergency Water Rates starting October 1, 2016
4. PUBLIC HEARINGS
B. Public Hearing - Subdivision - 26 Paisley Lane
5. OLD BUSINESS
6. NEW BUSINESS
A. Approve Construction Bids for Brookview
B. Second Consideration - Providing for a Local Lodging Tax
C. Appointment to Conventions and Visitor Bureau
D. Liberty Crossing - Minor PUD Amendment
E. Announcements of Meetings
1. Future Draft Agendas: City Council October 5, 2016, Council/Manager October
13, 2016 and City Council October 18, 2016
F. Mayor and Council Communications
7. ADJOURNMENT
44,of
g01 ,���.� AGENDA
.�. ��� �. Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
Wednesday, October 5, 2016
6:30 pm
1. CALL TO ORDER PAGES
A. Pledge of Allegiance
B. Roll Call
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A. Approval of Minutes - City Council Meeting September 20, 2016
B. Approval of City Check Register
C. Licenses:
D. Minutes of Boards and Commissions:
E. Bids and Quotes:
F. Waiver of Public Hearing and Certification of Special Assessments-2016 PMP
Driveways
G. Waiver of Public Hearing and Certification of Special Assessments-2016 PMP
Sanitary Sewer Repairs
H. Waiver of Public Hearing and Certification of Special Assessments-Douglas Drive
4. PUBLIC HEARINGS
A. Public Hearing - Zoning Code Text Amendment - Floodplain Management
B. Public Hearing - Special Assessments - Delinquent Utility Bills and Miscellaneous
Charges
5. OLD BUSINESS
6. NEW BUSINESS
A. Announcements of Meetings
1. Future Draft Agendas: Council/Manager October 13, 2016, City Council
October 18, and November 1, 2016
B. Mayor and Council Communications
7. ADJOURNMENT