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06-06-17 CC Agenda Packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber June 6, 2017 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: 1. Council/Manager Meeting - February 14 and March 14, 2017 3-6 2. City Council Meeting - May 16, 2017 7-10 B.Approval of City Check Register 11 C.Licenses: 1. Temporary On-Sale Liquor Licenses for The Loppet Foundation 12 2. Requests for Beer and/or Wine at Brookview Park 13-14 D.Minutes: 1. Environmental Commission - April 24, 2017 15-16 E.Bids and Quotes: 1. Award bid for the 2017 Asphalt Overlay City Improvement Project No. 17-05 17-19 2. Authorize quote to repair 21 Watermain Gate Valves 20 F.Approve Extension of Hours for Golden Valley Fire Relief Association Street Dance 21 G.Modifying 2017 General Wages and Salary for Positon of Golf Maintenance Supervisor and Amending the 2017 Brookview Golf Budget 17-25 and 17-26 22-24 H.Approve Agreement with Crisis Communications Consultant 25-27 I.Support Application by WHAHLT to Minnesota Housing Finance Agency (MHFA) for Community Homeownership Impact Funds 17-27 28-29 4.PUBLIC HEARINGS 5.OLD BUSINESS 6.NEW BUSINESS A.Approve Cooperative Agreement with Three Rivers Park District for the improvements at Schaper Park 30-37 B.Acceptance of Grants for Schaper Park 17-28 38-39 C.Approve Schaper Park All-Inclusive Play Structure and Challenge Course 40-43 6. NEW BUSINESS - continued D.Authorize Issuance and Sale of:44-57 1. $7,710,000 General Obligation Bonds, Series 2017A 17-29 2017 Improvement Portion $2,555,000 (2017 PMP) 2017 Refunding Portion $4,340,000 (2009 PMP) 2017 Equipment Certificates $815,000 2. $1,935,000 General Obligation Improvement Bonds - Highway 55 West, Series 2017B 17-30 E.2017-2018 Liquor License Renewals 58-62 F.First Consideration - Ordinance #621 - Amendment to Section 5.42: Hours and Days of Liquor Sales to allow for Off-Sale of Intoxicating Liquor on Sundays 63-65 G.Review of Council Calendar H.Mayor and Council Communications 7.ADJOURNMENT UNOFFICAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA February 14, 2017 Present: Mayor Harris and Council Members: Clausen, Fonnest, Schmidgall and Snope. Also present were: City Manager Cruikshank, Fire Chief Crelly, Finance Director Virnig, Assistant City Manager Knauss, Planning Manager Zimmerman and Administrative Assistant Nally. The meeting began at 6:30 pm in the Council Conference Room. 1. Golden Valley Fire Relief Association By-Laws Amendments Fire Relief Association Board Members Mr. Steve Yingst and Mr. Dominique Guzman discussed the mission, historic municipal contributions and retirement benefits levels of the Fire Relief Association. They asked Council to consider increasing the benefit level from $7,750 to $8,000. Ms. Virnig answered questions from Council regarding the pension funding. The Council discussed the proposed amendments and the consensus was to support the increase this year but to have the Fire Relief Association provide additional information on the pension plan if they come back for an another increase next year. The resolution to amend the by-laws to increase the yearly pension benefit will be brought forth at the February 21 st Council Meeting. 2. Outdoor Storage Planning Manager Zimmerman reviewed the staff report regarding the discussions with the Planning Commission on the topic of outdoor storage. He said the conversations led to two main issues with one being auto dealership inventory and the other one is residential front yard storage. Mr. Zimmerman reviewed the current Zoning Code regulations regarding outdoor storage and the required screening for the storage areas. He said that staff is requesting guidance in order to work with the Planning Commission to prepare the appropriate Zoning Code text amendments for outdoor storage and screening, to make it easier to understand and implement, and to bridge the gap between the Zoning and the Property Maintenance Codes. The Council discussed the outdoor storage of vehicles, items in residential yards, and screening options that may be used. The consensus was to go forward to try to bridge the gap between the Property Maintenance and Zoning Code, to bring it to the Planning Commission for review and then to a Council meeting. 3. Employee Handbook Updates Assistant City Manager Knauss reviewed the proposed employee handbook updates and stated the changes were needed due to State Law, City practices and for a more efficient operation. She said the majority of changes were due to the enactment of the Women’s Economic Security Act (WESA). She also discussed the proposed changes to the sections regarding the regular and part-time employee definition and the car allowance and answered questions from Council. Unofficial Council/Manager Minutes -2- February 14, 2017 3. Employee Handbook Updates - continued Manager Cruikshank answered questions from Council regarding the proposed employee handbook updates. The Council had questions regarding the updates to the regular part-time employee definition and how this would effect Brookview Community Center employment and the budget. The Council consensus was to go forward with the various sections updates due to the enactment of WESA and the car allowance but to not go forward with the definition of regular part-time employee update. 4. Council Items: 4a. Council Salaries Finance Director Virnig explained that the City Code provides for the Council to review and consider amending Mayor and Council salaries every two years. Staff provided a survey of salaries of elected officials in other metropolitan cities. The Council discussed the proposed salary increases. The Council consensus was to bring forward the ordinance to the February 21 st Council meeting. 4b. Meeting Reimbursements The Council discussed the proposed assignments of the Council Members eligible for reimbursement in 2017 and the consensus was to bring forward the list of meeting reimbursements to the February 21 st Council meeting. The meeting adjourned at 8:25 pm _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk UNOFFICAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA March 14, 2017 Present: Mayor Harris and Council Members: Clausen, Fonnest, Schmidgall and Snope. Also present were: City Manager Cruikshank, Physical Development Director Nevinski, Director of Parks and Recreation Birno, Communications Manager Weiler, City Engineer Oliver, Planning Manager Zimmerman and Planning Associate/Grant Writer Goellner. The meeting began at 6:30 pm in the Council Conference Room. 1. 2040 Comprehensive Plan Update - Land Use Planning Manger Zimmerman stated the Planning Department intended to address the Council with a different Comp Plan element each month. He provided the feedback received from the Comp Plan Conversation’s open house and discussion regarding land use which included a draft of the goals and objectives on redevelopment within the proposed Planning Districts. Planning Associate/Grant Writer Goellner reviewed the proposed land use categories. Mr. Zimmerman showed a map depicting the General Land Use Plan which also included the Proposed Planning Districts. The Council had questions regarding the proposed land use categories, the land use in the Douglas Drive District and the process going forward for the Golden Valley Road Light Rail Station Area. 2. Brookview Project Update Director of Parks and Recreation Birno, Mr. Glenn Waguespack, Hammel, Green and Abrahamson, Mr. Mark Adamson and Mr. Jack Webber, Adolfson & Peterson Construction provided a brief update on the Brookview construction project and the projected timeline for the grand opening. The Council had questions regarding the construction project, the outside design of the new building, construction schedule, contingent budget fund and signage. 3. Presentation on Rebranding Brookview Communications Manager Weiler introduced Mr. Mark Saunders who along with Mr. Wes Hoefer are Golden Valley residents that have volunteered to assist with the Brookview rebranding process. Ms. Weiler and Mr. Saunders presented a concept for the new brand and the plans for refining it. The Council discussed Brookview’s rebranding and asked staff to prepare and implement a community input process and to bring the results back to the next Council/Manager meeting. 4a. Basset Creek Water Management Commission Annual Report City Engineer Oliver provided a background information on the Bassett Creek Watershed, reviewed the projects completed in 2016 and what projects were proposed for 2017 and answered questions from Council. Unofficial Council/Manager Minutes -2- March 14, 2017 4a. Basset Creek Water Management Commission Annual Report - continued The Council discussed the Bassett Creek Water Management Commission and thanked the Commission for their service. 4b. Human Rights Commission 2016 Annual Report and 2017 Proposed Work Plan Human Rights Commission (HRC) Co-Chairs Mr. Jonathan Burris and Mr. Adam Buttress presented the 2016 HRC annual report and the 2017 proposed work plan and answered questions from the Council. City Manager Cruikshank answered questions from Council. The Council discussed the Human Rights Commission and thanked the Commission for their service. 5. Reservoir Solar Project Update Physical Development Director Nevinski reviewed the history of the reservoir solar project. Mr. Arthur Crowell, Sundial Solar, provided an overview of the reservoir solar project, reviewed the Power Purchase Agreement, the Solar in Your Community Challenge and answered questions from Council. City Manager Cruikshank answered questions from Council regarding the project. Council supported applying to become a host for the Solar in Your Community Challenge. 6. Perpich Center Discussion City Manager Cruikshank presented the staff report and an overview of the Joint Powers Agreements that the City has with the Perpich Center for Arts Education for the Athletic Fields and the Storm Water ponds and answered questions from Council. Mayor Harris provided an update on the proposed legislation regarding the Perpich Center. The Council discussed the Center and directed staff to send a formal letter to the Chief Officers of the Legislative Bill at the State regarding the Joint Power agreements that the City has with the Perpich Center. The meeting adjourned at 9:27 pm _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA May 16, 2017 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1B. 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 Cisneros and City Clerk Luedke. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Snope to approve the agenda of May 16, 2017, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the consent agenda of May 16, 2017, as revised removal of 3E1-Award Douglas Drive Landscaping Construction Contract and 3G-Board/Commission Appointment and the motion carried. 3A1.Approve Minutes of the Council/Manager Meeting of January 10, 2017. 3A2.Approve Minutes of the City Council Meeting of May 2, 2017. 3B. Approve City Check Register and authorize the payment of the bills as submitted. 3C1.Approve requests for beer and/or wine at Brookview Park as recommended by staff. 3D.Accept for filing the Minutes of Boards and Commissions as follows: 1. Human Services Fund - April 10, 2017 2. Open Space & Recreation Commission - March 27, 2017 3E1.Authorize contract with Hoffman & McNamara for the 2017 Douglas Drive project landscaping. 3E2.Authorize contract with WSB & Associates, Inc. for the project administration, project management, and construction observation services for the 2017 Douglas Drive Landscaping Project (#17-13) and the Douglas Drive Reconstruction Project (#10-04) for a not to exceed amount of $239,121. 3F.Receive and file the April 2017 Financial Reports. 3G.Approve the following Board and Commission appointments: Human Services Fund Human Rights Commission Stephanie Devitt 1 year - expires 5/18 Maurice Harris 2 year - expires 5/19 Carrie Yeager 3 year - expires 5/20 Katie Hart 3 year - expires 5/20 3H.Approve the following Board and Commission reappointments: Human Services Fund Planning Commission Teresa Martin 3 year - expires 5/20 Amy Blenker 3 year - expires 5/20 Andrew Ramlet - (student) 1 year - expires 5/18 Chuck Segelbaum 3 year - expires 5/20 Unofficial City Council Minutes -2- May 16, 2017 3. APPROVAL OF CONSENT AGENDA - continued 3G.Approve the following Board and Commission reappointments - continued Board of Zoning Appeals Environmental Commission David Perich 1 year - expires 5/18 Tracy Anderson 3 year - expires 5/20 George Maxwell 1 year - expires 5/18 Lynn Gitelis 3 year - expires 5/20 Nancy Nelson 1 year - expires 5/18 Jim Stremel 3 year - expires 5/20 Richard Orenstein 1 year - expires 5/18 Human Services Fund Open Space and Recreation Commission Scott Charlesworth-Seiler 3 year - expires 5/20 Cindy Carow-Schiebe 3 year - expires 5/20 Hilmer Erickson 3 year - expires 5/20 Kelly Kuebelbeck 3 year - expires 5/20 Elissa Heilicher 3 year - expires 5/20 Dawn Speltz 3 year - expires 5/20 Civil Service Commission Andrew Wold 3 year - expires 5/1/20 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3E1. Award Douglas Drive Landscaping Construction Contract City Engineer Oliver gave an overview of the landscape plan for Douglas Drive and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Snope to authorize the contract with Hoffman & McNamara in the amount of $443,980.20 for the 2017 Douglas Drive project landscaping contract, City Project #17-13 and the motion carried. 3G. Board/Commission Appointments City Manager Cruikshank stated that Carrie Yeager has decided that she would prefer not to be on the Human Services Fund but would rather wait for an opening on the Human Rights Commission. Council Member Clausen stated that Katie Hart would like to rejoin the Human Services Fund. MOTION made by Council Member Clausen, seconded by Council Member Snope to approve the Board/Commission Appointments with the above amendment and the motion carried. 4. PUBLIC HEARINGS 6. NEW BUSINESS 6A. Approve Wayzata Boulevard Corridor Bikeway Feasibility Study Public Works Specialist Eckman presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Snope to approve the Wayzata Boulevard Corridor Bikeway Feasibility Study and the motion carried. 6B. Approve Master Partnership Contract between the City and State of Minnesota City Engineer Oliver presented the staff report and answered questions from Council. Unofficial City Council Minutes -3- May 16, 2017 6B. Approve Master Partnership Contract - continued MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 17-24, Authorizing the Master Partnership Contract with the State of Minnesota upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Schmidgall and Snope, the following voted against: none and the motion carried. 6C. Approve Pipeline Agreement with the Union Pacific Railroad Company for the Proposed Construction of Two Eight Foot by Six Foot Reinforced Concrete Pipes City Engineer Oliver presented the staff report and answered questions from Council. City Attorney Cisneros answered questions from Council, There was Council discussion regarding the pipeline agreement with the Union Pacific Railroad Company. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to authorize entering into a Pipeline Agreement with the Union Pacific Railroad Company for the installation of two reinforced concrete box culverts under 10 th Avenue North and the railroad and the motion carried. 6D. METRO Blue Line Extension - Community Advisory Committee Appointment City Manager Cruikshank presented the staff report and stated that before tonight’s meeting the Council had interviewed another candidate, Sten Pearson. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to appoint Stefan Watkins and Sten Pearson to the METRO Blue Line Extension Community Advisory Committee and the motion carried. 6E. Review of Council Calendar Some Council Members may attend Legacy Rehabilitation Group Open House on May 17, 2017, from 3:30 to 6:30 pm at 800 Bonne Avenue North, Golden Valley. Some Council Members may attend the Beyond the Yellow Ribbon - Quad Communities 3 rd Annual “Glow Golf” Tournament on May 18, 2017, at 7 pm at the New Hope Golf Course located at 8130 Bass Lake Road. Some Council Members may attend the Birdtown Half Marathon on May 20, 2017, at 8 am at Lakeview Terrace Park located at 3769 Crystal Lake Boulevard, Robbinsdale. A Coffee with a Cop event will be held on May 23, 2017, from 8:30 to 10 am at Starbucks located at 7802 Olson Memorial Highway. Some Council Members may attend the GARE - Advancing Racial Equity Speaker Series event on May 24, 2017, from 6 to 8 pm at the Bloomington Civic Plaza located at 1800 West Old Shakopee Road, Bloomington. Some Council Members may attend the Golden Valley Business Council on May 25, 2017, from 7:30 to 9 am at the Second Harvest Heartland located at 6325 Sandburg Road. Unofficial City Council Minutes -4- May 16, 2017 6E. Review of Council Calendar - continued The City offices will be closed on Monday, May 29, 2017, in observance of Memorial Day. Some Council Members may attend the Board/Commission Recognition Dinner on May 30, 2017, at 6 pm at Brookview Community Center. A Concert in the Park featuring the Golden Valley Orchestra will be held on June 5, 2017, at 7 pm in Brookview Park. A Neighborhood Watch Block Captain’s Meeting will be held on June 6, 2017, at 7 pm in the Golden Valley Police Department training room. The GED and High School Diploma Graduation will be held on June 6, 2017, at 7 pm at FAIR School located at 3915 Adair Avenue North, Crystal. The next City Council Meeting will be held on June 6, 2017, at 6:30 pm. Some Council Members may attend the Golden Valley Pride Festival on June 11, 2017, from 10:30 am to 6 pm in Brookview Park. 6F. Mayor and Council Communication No action and/or discussion took place. 7.ADJOURNMENT MOTION made by Council Member Snope, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 7:38 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. B. 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. Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. C. 1. Temporary On-Sale Liquor License - The Loppet Foundation Prepared By Kris Luedke, City Clerk Summary The Loppet Foundation has applied for a temporary on-sale liquor license at 1301 Theodore Wirth Parkway, for July 23 for the Tri-Loppet event and September 23 for the Trail-Loppet event from 9 am to 1 pm. The City Code does provide for temporary sales of liquor with Council approval. Also, required is a certificate of liquor liability insurance naming the City as an additional insured in the amount of $1,000,000. The Loppet Foundation has provided this certificate for their events. Recommended Action Motion to approve a temporary on-sale liquor license for The Loppet Foundation at 1301 Theodore Wirth Parkway for July 23 and September 23, 2017. Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. C. 2. 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 INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER CC DATE APPROVED Sliwa, Ashley 06-08 11am-4pm Small 06-06-17 Feleman, Sandra 06-09 5pm-10pm Large 06-06-17 Villanue, Alicia 06-10 4pm-10pm Small 06-06-17 Johns, Andrew 06-13 11am-4pm Large 06-06-17 Schmidt, Carrie 06-14 5pm-10pm Small 06-06-17 Bullock, Ashley 06-15 5pm-10pm Large 06-06-17 Damm, Jacklyn 06-16 5pm-10pm Small 06-06-17 Coone, Michael 06-22 11am-4pm Small 06-06-17 Olson, Erica 06-24 11am-4pm Small 06-06-17 Forster, Debbie 06-26 11am-4pm Small 06-06-17 Brady, Keith 06-26 5pm-10pm Small 06-06-17 Niederioh, Jeff 06-29 5pm-10pm Small 06-06-17 Levin, Diane 07-09 11am-4pm Small 06-06-17 Bergquist, Cindy 07-14 11am-4pm Large 06-06-17 Cyber Optics 07-20 11am-4pm Large 06-06-17 Pope, Gregory 07-22 11am-4pm Small 06-06-17 Hartland, Rachel 07-23 11am-4pm Small 06-06-17 Olsen, Justin 07-26 11am-4pm Large 06-06-17 Duff, Jackie 07-26 5pm-10pm Small 06-06-17 Perry, Sara 07-27 11am-4pm Small 06-06-17 Hem, Rebecca 07-29 11am-4pm Small 06-06-17 Mariette, Stacie 08-02 5pm-10pm Large 06-06-17 Cook, Jaron 08-03 11am-4pm Large 06-06-17 Niederioh, Jeff 08-10 5pm-10pm Small 06-06-17 Martin, Angie 08-27 11am-10pm Large 06-06-17 Kebe, Djarra 08-30 11am-4pm Large 06-06-17 Wilmer, Mary 09-08 5pm-10pm Large 06-06-17 Schultz, Mary 09-09 11am-4pm Small 06-06-17 Smith, Bettie 09-16 5pm-10pm Large 06-06-17 GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting, Minutes April 24, 2017 Commissioners Present: Tracy Anderson, Tonia Galonska, Lynn Gitelis, Dawn Hill, Larry Johnson and Jim Stremel Staff Present: Eric Eckman, Public Works Specialist, Hannah Garry, GreenCorps Member and Claire Huisman, Administrative Assistant Absent: Commissioner Debra Yahle Call to Order Lynn Gitelis called the meeting to order at 6:30 pm. Approval of Regular Meeting Minutes MOVED by Hill, SECONDED by Anderson, and the motion carried unanimously to approve the minutes of the March 27, 2017 regular meeting as amended. Annual Report and 2017 Work Plan MOVED by Hill, SECONDED by Stremel and the motion carried unanimously to approve the Environmental Commission’s Annual Report and 2017 Work Plan as amended.(Discussion ensued to add “review of the current recycling contract” under #7 in the work plan.) GreenStep Cities Inventory MOVED by Stremel, SECONDED by Hill and the motion carried unanimously to approve Best Practice #22 Solid Waste Reduction: Actions 2, 4 & 6 for entry into the GreenStep Cities website. MOVED by Hill, SECONDED by Johnson and the motion carried unanimously to approve Best Practice #11 Living Streets: Actions 1, 2, 3, 4, 5 & 6 for entry into the GreenStep Cities website as amended. MOVED by Galonska, SECONDED by Stremel and the motion carried unanimously to approve Best Practice #17 Stormwater Management: Actions 3 & 5 for entry into the GreenStep Cities website as amended.Action #1 will be reconsidered at a future meeting after further review and revision by staff. MOVED by Anderson, SECONDED by Galonska and the motion carried unanimously to approve Best Practice #24 Benchmarks & Community Engagement: Actions 1, 2 & 3 for entry into the GreenStep Cities website as amended. Program/Project Updates Eckman discussed the concern regarding residents feeding wildlife and that the approach so far has been to provide targeted information to dissuade the feeding. In the future, the City may want to consider updating city code to prohibit feeding wildlife with a few exceptions such as birds. Currently, the code only prohibits feeding deer. Communication regarding this subject is planned for 2017 via newsletter or website. It was also noted that staff will give a presentation on the Sustainability and Resilience Minutes of the Environmental Commission April 24, 2017 Page 2 of 2 Plan at the 2040 Comprehensive Plan Conversation with the Planning Commission on May 8, 2017. The complete update is on file. Other Business Environmental Commission Chair and Vice-Chair will be elected at the next meeting. Adjourn MOVED by Hill, SECONDED by Galonska, and the motion carried to adjourn the meeting at 7:55 pm. Claire Huisman Administrative Assistant Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. E. 1. Award bid for the 2017 Asphalt Overlay City Improvement Project No. 17-05 Prepared By Jeff Oliver, P.E. City Engineer R.J. Kakach, E.I.T., Engineer Summary Staff solicited bids for the 2017 Asphalt Overlay Project 17-05. The project includes a base bid for the rehabilitation of Betty Crocker Drive from Trunk Highway 169 Ramp to General Mills Boulevard. Bids were opened on May 16, 2017. The following bids were received: Valley Paving, Inc.$238,618.65 Omann Brothers Paving $244,000.00 GMH Asphalt Corporation $245,274.56 North Valley, Inc.$259,131.20 Park Construction Company $259,443.35 Hardrives, Inc.$268,746.14 Northwest Asphalt Inc.$275,565.03 Bituminous Roadways Inc.$347,175.50 The bids were reviewed and staff recommends awarding the bid and entering into a contract for the Base Bid. This recommendation is within the available budget and will provide some additional funding for indirect costs associated with the project (design, legal, construction observation, administration, testing, etc.). Funding for the 2017 Asphalt Overlay Project is included in the 2017-2021 Capital Improvement Program (S-013, page 109) in the amount of $200,000 and from Municipal State Aid Street Maintenance funding (S-017, page 110) in the amount of $125,000. Attachments •Location Map (1 page) Recommended Action Motion to award bid and enter into a contract for the 2017 Asphalt Overlay Project to the lowest responsible bidder, Valley Paving, Inc. for the Base Bid in the amount of $238,618.65. General Mill sWorld Headquarters GeneralMillsOfficeBldg KARE -11TV Loop EPond B a s s e t t C r e e k B o o n e A v e n u e P o n d 201GeneralMillsPond P o n d D Genera l Mills Na turePreserve B e t t y CrockerDr U S H w y 1 6 9 S t a t e H w y N o . 5 5 Interstate Hwy 394 Harold Ave G e n e r a l M i l l s B l v d F r o n t a g e R d Wally St E n s i g n A v e N D e c a t u r A v e N I 0 400 800200Feet Print Date: 3/23/2017Sources:-Hennepin County Surveyors Office for Property Lines (2017).-City of Golden Valley for all other layers. 2017 AsphaltOverlay Project Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. E. 2. Authorize quote with Dave Perkins Contracting to repair 21 Watermain Gate Valves Prepared By Bert Tracy, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary Staff solicited quotes for the repair of 21 watermain gate valves that are located in the 2017 asphalt mill and overlay projects. Repair of the watermain gate valves is required to maintain the City’s sanitary sewer and water systems. In 2017, $50,000 is included in the 2017-2021 Capital Improvement Program (W&ISS- 051). Quotes were received form the contractors listed below: Contractor Price per Valve # Valve Repairs Total Cost Dave Perkins Contracting $1,950.000 21 $40,950 Valley Rich Excavating $2,292.857 21 $48,150 United Water & Sewer Co.$2,333.333 21 $48,000 Recommended Action Motion to approve quote from Dave Perkins Contracting for the repair of 21 watermain gate valves for a total cost of $40,950. Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. F. Approve Extension of Hours for Fire Relief Association Street Dance Prepared By John Crelly, Fire Chief Dominique Guzman, President Fire Relief Association Summary The Golden Valley Fire Relief Association is requesting permission to extend the street dance hours until midnight on Saturday, June 24, 2017. The street dance will be held at the Chester Bird American Legion, 200 North Lilac Drive. Recommended Action Motion to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 24, 2017, at the Chester Bird American Legion, 200 North Lilac Drive. Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. G. Modifying 2017 General Wages and Salary for Positon of Golf Maintenance Supervisor and Amending the 2017 Brookview Golf Budget Prepared By Sue Virnig, Finance Director Rick Birno, Park & Recreation Director Summary With the construction of the new Brookview, the new landscape plan has begun and golf maintenance staff has been assigned the task to implement the plan to save the project budget approximately $150,000. Staff is recommending a responsibility, title change and salary increase for the position responsible for implementing the new landscape plan. This new position will also be the beginning of the transition plan when the current Greens Superintendent retires in the near future. The Greens Superintendent position will not be replaced and the proposed Golf Maintenance Supervisor will be responsible for supervising the golf maintenance division. The Golf Maintenance Supervisor will be filled by the current Mechanic at the Golf Course. The increase for this promotion for the remainder of the year is estimated at $10,500. Attachment •Resolution 17-Modifying 2017 General Wages and Salary to include the Position of Golf Maintenance Supervisor (1 page) •Resolution 17- Amending the 2017 Brookview Golf Budget for the position change (1 page) Recommended Action Motion to adopt Resolution modifying 2017 General Wages and Salary to include the Position of Golf Maintenance Supervisor. Motion to adopt Resolution amending the 2017 Brookview Golf Budget for the Golf Maintenance Supervisor position. Resolution 17-25 June 6, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION MODIFYING 2017 GENERAL WAGES AND SALARY TO INCLUDE GOLF MAINTENANCE SUPERVISOR POSITION BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following amendment to Resolution 16-80, modifying the general wages and salary schedule to include the new personnel named herein effective June 12, 2017: PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Golf Maintenance Supervisor $66,421 $69,584 $72,747 $75,910 $79,073 _____________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 17-26 June 6, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2017 BROOKVIEW GOLF BUDGET FOR GOLF MAINTENANCE SUPERVISOR POSITION WHEREAS, in 2017, the majority of new Brookview is underway with construction; and WHEREAS, in 2017, landscaping of surrounding Brookview area will be landscaped by the golf maintenance staff; and WHEREAS, a savings from using internal staff for this expenditure will save in costs overall; and WHEREAS, this amendment allocates use of net assets (fund balance) to cover the expenditures for item outlined. BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2017 Amended Brookview Golf Course Budget are hereby given final approval. DIVISION DESCRIPTION AMOUNT Expenses 085 Golf Maintenance (7152)$10,500 Net Assets (Fund Balance)$10,500 TOTAL 2017 BUDGET _____________________________ 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 June 6, 2017 Agenda Item 3. H. Agreement with Crisis Communications Consultant Prepared By Cheryl Weiler, Communications Manager Summary At the April 13 Council/Manager meeting, staff presented a four-step proposal for implementing an updated crisis communications plan that meets the needs and expectations of today’s community stakeholders. The proposal included development of a more thorough plan, improved staff training, and on-call support from seasoned crisis communicators. City Council directed staff to submit a proposal for an amount not to exceed $20,000. A budget adjustment reflecting this amount was approved by the City Council May 2, 2017. After researching similar efforts by neighboring cities and talking with firms that provide crisis communications services, staff determined the best fit to be Padilla. Attachments •Crisis/Critical Issues Preparedness Proposal for the City of Golden Valley (2 pages) Recommended Action Motion to approve the Crisis/Critical Issues Preparedness Proposal for the City of Golden Valley. TO: Cheryl Weiler CITY OF GOLDEN VALLEY FROM: Bob McNaney PADILLA SUBJECT: Crisis/Critical Issues Preparedness for the City of Golden Valley Cheryl, Thank you for the wonderful opportunity to discuss the possibility of Padilla working with Golden Valley on matters related to crisis and critical issues. Following is a summary of the scope of services we recommend, based on our discussion. Please review, and then let me know of you have questions. Scope of Work Padilla is excited to assist your team with the development process, protocols, materials and training associated with preparing the city to successfully manage crisis and critical issues it may face. Recommended projects include: Training The goal of this training is to prepare potential spokespeople/front line staff to respond to media and public questions in a crisis situation. These interviews are much unlike traditional positive interviews and specific skillsets need to be established. Training includes: • Understanding the needs of the media and other audiences during a crisis • How to control interviews • How to use your key messages to handle any question • How to handle Q&A in front of difficult audiences • Controlling the flow of information during a crisis Training Budget: $3,500 per half-day session for small group (15 or fewer) Crisis Support 24-hour (1-877.PR.ER.911) Access to our team of seasoned crisis communications responders who are available 24-hours a day, seven days to week, to manage crisis response strategy and materials. a. There is no cost accessing the call-line b. Crisis support budgets would be determined based on each crisis issue Protocols and Systems/Crisis Plan Define crisis management team, create crisis protocol flow chart of responsibility, create standby statements and templates, stakeholder communications materials and process protocol. This resource serves as an action plan to be used in the midst of a crisis. The crisis plan will included detailed response materials regarding top potential issues prioritized from the vulnerability scan. As part of the plan development process, we will evaluate gaps that may be existing in current communications channels that will need to be part of a crisis response (these may include media contact lists, law enforcement contact lists, media and social media policies, etc.). Budget: $16,500 Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 3. I. Support Application by West Hennepin Affordable Housing Land Trust to Minnesota Housing Finance Agency for Community Homeownership Impact Funds Prepared By Emily Goellner, Associate Planner/Grant Writer Summary West Hennepin Affordable Housing Land Trust (WHAHLT), doing business as Homes Within Reach, is a community-based non-profit organization with a mission to use the Community Land Trust model to create and preserve affordable homeownership opportunities for families in suburban Hennepin County. WHAHLT has developed a proposal for the use of Minnesota Housing Finance Agency (MHFA) Community Homeownership Impact Funds for the acquisition, rehabilitation, and sale of entry-level single-family homes to income-qualified families and individuals who otherwise would be unable to buy a home in Golden Valley. WHAHLT has requested a letter of support from the City of Golden Valley for their funding application in the MHFA Consolidated Request for Proposal (RFP) process. The attached resolution authorizes the submittal of a letter of support from City staff. In February, 2017, the City supported WHAHLT’s application for funding from Hennepin County’s HOME program, Community Development Block Grant (CDBG), and Affordable Housing Incentive (AHIF) Funds. At this point, funds have been tentatively awarded for the acquisition, rehabilitation, and sale of one entry-level single-family home in Golden Valley. The grant awards are expected to be finalized later in 2017 and staff will provide the City Council with an update at that time. Attachments •Resolution Supporting Application by WHAHLT to MHFA for Community Homeownership Impact Funds (1 page) Recommended Action Motion to adopt Resolution supporting Application by WHAHLT to MHFA for Community Homeownership Impact Funds. Resolution 17-27 June 6, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING APPLICATION BY WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST (WHAHLT) TO MINNESOTA HOUSING FINANCE AGENCY (MHFA) FOR COMMUNITY HOMEOWNERSHIP IMPACT FUNDS WHEREAS, WHAHLT is a community-based non-profit organization, doing business as Homes Within Reach, with a mission to use the Community Land Trust model to create and preserve affordable homeownership opportunities for families in suburban Hennepin County; and WHEREAS, WHAHLT has developed a proposal for the use of Community Homeownership Impact Funds from MHFA; and WHEREAS, the proposal requests funding for the acquisition, rehabilitation, and sale of entry-level properties to income-qualified families and individuals. NOW THEREFORE BE IT RESOLVED, by the City Council of Golden Valley that the Council supports the application for funding from MHFA and authorizes submittal of a letter of support for the funding application in the MHFA Consolidated Request for Proposal (RFP) process. _____________________________ 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 June 6, 2017 Agenda Item 6. A. Approve Cooperative Agreement with Three Rivers Park District for the improvements at Schaper Park Prepared By Rick Birno, Parks & Recreation Director Summary The Parks & Recreation Department and Three Rivers Park District (TRPD) have agreed to work together to develop a Cooperative Agreement (CA) and construct a new Challenge Course and all- inclusive play structure at Schaper Park. Additional improvements include a new water station at the shelter building for park and trail users, benches, play structure shade canopies, access trail, bike racks, sensory panels and artificial turf. The improvements also include grant partners from Paul’s Pals, an independent non-profit organization dedicated to improving the lives of children with disabilities, and Minnesota/Wisconsin Playground, a Golden Valley play structure company serving both Minnesota and Wisconsin. The CA creates a funding partnership and a long-term maintenance/replacement plan for Schaper Park. The total project budget is $480,000. Funding package is outlined below: •Site demo and Rough Grading Golden Valley Inkind •Water station/electrical/new access trails Golden Valley $15,000 •All-Inclusive Play Structure Paul’s Pals $35,000 •All-Inclusive Play Structure Golden Valley $25,000 •All-Inclusive Play Structure TRPD $25,000 •Challenge Course MN/WI Playground $50,000 (Equip. Credit) •Challenge Course TRPD $300,000 •Challenge Course Golden Valley $30,000 Attachments •Schaper Park Draft Cooperative Agreement (6 pages) Recommended Action Motion to authorize City Manager to sign Cooperative Agreement with Three Rivers Park District for Schaper Park, pending City Attorney review, for the improvements at Schaper Park. 1 THREE RIVERS PARK DISTRICT AND CITY OF GOLDEN VALLEY TRAILHEAD FACILITIES AND TRAIL ENHANCEMENTS COOPERATIVE AGREEMENT This agreement (“Agreement”) is made and entered into this ___ day of _______, 2017 by and between Three Rivers Park District, a political subdivision of the State of Minnesota (the “Park District”), and the City of Golden Valley, a Minnesota municipal corporation (the “City”). The Park District and the City may hereinafter be referred to collectively as the “Parties” or individually as a “Party.” WHEREAS,the Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain trail systems; and WHEREAS,the Park District owns and operates the Luce Line Regional Trail through the City; and WHEREAS,the Park District seeks to enhance the Luce Line Regional Trail user experience through development of accessible and active play features; and WHEREAS,the Park District seeks to enhance the Luce Line Regional Trail user experience through expanded trailhead parking and trailhead support services such as drinking water and restrooms; and WHEREAS,the City owns Schaper Park – located along the Luce Line Trail, which provides lands suitable for enhancing the Luce Line Regional Trail user experience, expanded trailhead parking and trailhead support services; and WHEREAS,the Park District and the City are interested in cooperating in development of the following Facilities and Enhancements: •a challenge course, •an accessible/inclusive play structure, •a future picnic shelter, •expanded use of existing park parking for trailhead/amenity purposes •an improved drinking water station for trail users; and •access to the existing restrooms at Schaper Park for trail users. NOW THEREFORE,in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Park District and the City agree as follows: 1.Facilities and Enhancements. The City shall be responsible for the design and development of the challenge course, accessible/inclusive play structure, the future picnic shelter, the improved drinking water station, and any other necessary site work (Exhibit A). 2 The City shall be responsible for all routine and preventative maintenance of the Facilities and Enhancements. For emergency capital replacement of the Facilities and Enhancements, City and Park District agree to pay equal shares of the cost. Park District will be fully responsible for trail signage. 2.Regional Trail Parking.The City agrees to allow trailhead parking at all parking stalls at Schaper Park. The City shall be responsible for all routine and preventative maintenance, repair and replacement of the pavement and markings constituting the park and trailhead parking areas at its own expense to ensure the pavement remains in safe, good working order and open for public use. 3.Restrooms.The City and Park District agree to work together to determine feasible open hours for the restrooms, and to maintain those restrooms. 4.Payment.The Park District shall make a one (1) time payment of $325,000 to the City for the trail and park enhancements and trailhead services. The payment shall be made upon completion of the challenge course and play structure. 5.Maintenance Reassessment at Year 5.The Parties agree to examine the additional maintenance costs incurred due to the Park and Trail enhancements and trailhead services improvements. After five (5) years of operations. The Agreement may be amended as agreed upon by both Parties. 6.Facilities and Enhancements Reassessment in Year 10.The Parties agree to examine the Facilities and Enhancements after ten (10) years of operations to determine if any need to be refreshed, remodeled or replaced. Any future refreshment, remodeling and/or replacement costs would be negotiated between the Parties. 7.Indemnification.Each Party shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law. Each Party agrees to indemnify, defend and hold harmless the other Party, its agents, employees and officers from any loss, liability, cost, damage and claim arising from any negligent or wrongful act or omission on the part of the indemnifying Party, its officers, employees, agents or representatives and asserted by a third party with respect to the indemnifying Party’s obligations under this Agreement related to the design, construction, use, occupancy, development, operation, maintenance and repair of the trailhead, including any attorney fees and expenses incurred in defending any such claim. The Party seeking to be indemnified and defended shall provide timely notice to the other Party when a claim is brought. The Party undertaking the defense shall retain all rights and defenses available to the Party indemnified. Nothing herein shall change or otherwise affect any limits on or exclusions from liability available to either Party under Minnesota Statutes, chapter 466 or other law. As provided in Minnesota Statutes, section 471.59, subdivision 1a, the Parties shall be considered a 3 single governmental unit for the purposes of determining total liability and such total liability shall not exceed the total limits on governmental liability of a single governmental unit under Minnesota Statutes, section 466.04, subdivision 1. 8.Successor and Assigns.The Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, provided, however, that the Parties shall not have the right to assign rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party hereto. 9.Amendment, Modification or Waiver.No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. 10.Rights and Remedies Cumulative.The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such parties standing to exercise any other right or remedy. 11.Saving Provision.If any provision of this Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provisions of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 12.Termination.This Agreement may be terminated by the Park District or the City by mutual agreement or as otherwise provided in this Agreement. This Agreement shall be terminable by either party upon material breach by the other party that is not cured within ten (10) days after written notice of such breach by the non-breaching party. 13.Term. This Agreement is valid and binding between the Parties in perpetuity.The City may terminate the Agreement in the event that the Luce Line Regional Trail ceases operation for a period exceeding one (1) year. 14.Notices. Any notices to be provided pursuant to the terms of this Agreement shall be in writing and shall be given by personal delivery or by express courier or by deposit in U.S. Certified Mail, Return Receipt Requested, postage prepaid, addressed to the Park District or the City at the addresses set forth below or at such other address as either party may designate in writing. The date notice is given shall be the date on which the 4 notice is delivered, if notice is given by personal delivery, or the date notice is set by express courier or U.S. Mail if otherwise. If to the Park District:Superintendent Three Rivers Park District c/o Legal Counsel 3000 Xenium Lane North Plymouth, MN 55441 If to the City:City Manager 7800 Golden Valley Rd. Golden Valley, MN 55427 IN WITNESS WHEREOF,each party to this Agreement has caused it to be executed on the date indicated below. CITY OF GOLDEN VALLEY, A Minnesota municipal corporation ___________________________________ Date _____________, 2017 Its Mayor ___________________________________ Date _____________, 2017 Its City Manager THREE RIVERS PARK DISTRICT, A public corporation and political subdivision of the State of Minnesota ___________________________________ Date _____________, 2017 Board Chair ___________________________________ Date _____________, 2017 Superintendent and Secretary to the Board This instrument was drafted by: Eric Quiring, General Counsel Three Rivers Park District 3000 Xenium Lane No. Plymouth, MN 55441 5 Exhibit A A-1 486671v2 TJG BR291-253 Exhibit A Challenge Course & Play Area Luce Line RT Water, Restrooms, additional Parking Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 6. B. Acceptance of Grants for Schaper Park Prepared By Rick Birno, Director of Parks and Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the attached resolution detailing the specific donors and their gift for your consideration. Attachments •Resolution accepting grants for Schaper Park (1 page) Recommended Action Motion to adopt Resolution accepting grants for Schaper Park. Resolution 17-28 June 6, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GRANTS FOR SCHAPER PARK WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grant on behalf of its citizens: Minnesota/Wisconsin Playground equipment grant for the Schaper Park Challenge Course in the amount of $50,000. Paul’s Pals, in a partnership with the Golden Valley Community Foundation, fiscal grant for a new all-inclusive play structure at Schaper Park in the amount of $35,000. _____________________________ 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 June 6, 2017 Agenda Item 6. C. Approve Schaper Park All-Inclusive Play Structure and Challenge Course Prepared By Rick Birno, Parks & Recreation Director Summary The 2017-2021 Capital Improvement Program Park Section includes $70,000 for new playground equipment (P-003). Schaper Park is scheduled for replacement of the 21 year old playground equipment. The Parks & Recreation Department and Three Rivers Park District (TRPD) have partnered together in a cooperative agreement to design and implement a new Challenge Course and all- inclusive play structure at Schaper Park. Additional improvements include a new water station at the shelter building for park and trail users, benches, play structure shade canopies, access trail, bike racks, sensory panels and artificial turf. The project includes grant partners from Paul’s Pals, an independent non-profit organization dedicated to improving the lives of children with disabilities, and Minnesota/Wisconsin Playground, a Golden Valley play structure company serving both Minnesota and Wisconsin. Installation of the new equipment is scheduled to begin August of 2017 with completion in September of 2017. All equipment conforms to all ADA and Consumer Product Safety Commission Guidelines. Staff recommends the purchase of GameTime all-inclusive play structure and Challenge Course equipment through Minnesota/Wisconsin Playground, Inc. and the U.S. Communities purchasing contract #416005190. The total project budget is $480,000. Funding package is outlined below: •Site demo and Rough Grading Golden Valley Inkind •Water station/electrical/new access trails Golden Valley $15,000 •All-Inclusive Play Structure Paul’s Pals $35,000 •All-Inclusive Play Structure Golden Valley $25,000 •All-Inclusive Play Structure TRPD $25,000 •Challenge Course MN/WI Playground $50,000 •Challenge Course TRPD $300,000 •Challenge Course Golden Valley $30,000 Attachments •Schaper Park Improvement renderings (2 pages) Recommended Action Motion to approve the purchase and installation of a new all-inclusive play structure and Challenge Course at Schaper Park. Executive Summary For Action Golden Valley Council Meeting June 6, 2017 Agenda Item 6. D. Authorize Issuance and Sale of: 1. $7,710,000 General Obligation Bonds, Series 2017A 2017 Improvement Portion $2,555,000 (2017 PMP) 2017 Refunding Portion $4,340,000 (2009 PMP) 2017 Equipment Certificates $815,000 2. $1,935,000 General Obligation Improvement Bonds - Highway 55 West, Series 2017B Prepared By Susan Virnig, Finance Director Summary The proceeds of the $7,710,000 General Obligation Bonds, Series 2017A will finance the following: •The bond proceeds of $2,555,000 will finance the reconstruction of local streets and driveways included in the 2017 Pavement Management Program project area. This project was approved by the City Council in January 5, 2015. The special assessment hearing for this project was March 17, 2015. The debt service on these bonds will be paid from tax levies and special assessments levied against benefitted properties. •The bond proceeds of $815,000 will finance the equipment included in the 2017-2021 CIP. The debt service on these bonds (certificates) will be paid from annual tax levies. •The bond proceeds of $4,340,000 will refinance the remaining portion of the 2009A General Obligation Bonds that financed the 2009 Pavement Management Program. This is being conducted as a crossover advance refunding and is estimated to have a net present value savings of $270,133. The debt service on these bonds will be paid from tax levies and special assessments levied against benefitted properties. The proceeds of the $1,935,000 General Obligation Bonds, Series 2017B will finance the following: •The bond proceeds of $1,935,000 will finance the public improvements in the Highway 55 West (Renewal and Renovation) Tax Increment District. The public improvements will consist of street reconstruction, new sidewalks, new utility and storm water improvements, and the burying of overhead power lines along portions of Golden Valley Road, Decatur Avenue and 7 th Avenue. The debt service on these bonds will be paid from special assessments levied against benefitted properties and tax increment financing revenues. If approved, the bids will be received on June 20, 2017 and awarded after the Council consideration. The bond proceeds will be received on July 20, 2017. Attachments •Resolution Providing for the Competitive Negotiated Sale of $7,710,000 General Obligation Improvement Bonds and Equipment Bonds, Series 2017A (6 pages) •Resolution Providing for the Competitive Negotiated Sale of $1,935,000 General Obligation Tax Increment and Improvement Bonds, Series 2017B (6 pages) Recommended Action Motion to adopt Resolution providing for the Competitive Negotiated Sale of $7,710,000 General Obligation Improvement Bonds and Equipment Bonds, Series 2017A. Motion to adopt Resolution providing for the Competitive Negotiated Sale of $1,935,000 General Obligation Tax Increment and Improvement Bonds, Series 2017B. Resolution 17-29 June 6, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $7,710,000 GENERAL OBLIGATION IMPROVEMENT AND EQUIPMENT BONDS, SERIES 2017A WHEREAS, the City Council of the City of Golden Valley, Minnesota, has heretofore determined that it is necessary and expedient to issue its $7,710,000 General Obligation Improvement and Equipment Bonds, Series 2017A (the “Bonds”) to (i)finance the City’s 2017 Pavement Management Program; (ii) refund the February 1, 2021 through February 1, 2029 maturities of the City’s General Obligation Improvement Bonds, Series 2009A, dated May 1, 2009; and (iii) finance the acquisition of various items of capital equipment; and WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota (“Springsted”), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Authorization; Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. Meeting; Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Clerk, or designee, shall open bids at the time and place specified in such Terms of Proposal. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the “Terms of Proposal” attached hereto as Exhibit A and hereby approved and made a part hereof. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. __________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution No. 17-29 -2- June 6, 2017 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $7,710,000* CITY OF GOLDEN VALLEY, MINNESOTA GENERAL OBLIGATION IMPROVEMENT AND EQUIPMENT BONDS, SERIES 2017A (BOOK ENTRY ONLY) Proposals for the above-referenced obligations (the “Series 2017A Bonds”) will be received by the City of Golden Valley, Minnesota (the “City”) on Tuesday, June 20, 2017, (the “Sale Date”) until 10:00 A.M., Central Time at the offices of Springsted Incorporated (“Springsted”), 380 Jackson Street, Suite 300, Saint Paul, Minnesota, 55101, after which time proposals will be opened and tabulated. Consideration for award of the Series 2017A Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of a bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2017A Bonds regardless of the manner in which the proposal is submitted. (a)Sealed Bidding.Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. OR (b)Electronic Bidding.Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY ®shall constitute the official time with respect to all proposals submitted to PARITY ®.Each bidder shall be solely responsible for making necessary arrangements to access PARITY®for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents, nor PARITY ®shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITY ®shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY ®solely as a communication mechanism to conduct the electronic bidding for the Series 2017A Bonds, and PARITY ®is not an agent of the City. Resolution No. 17-29 -3- June 6, 2017 If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE SERIES 2017A BONDS The Series 2017A Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2018. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2017A Bonds will mature February 1 in the years and amounts* as follows: 2019 $415,000 2020 $450,000 2021 $855,000 2022 $590,000 22023 $605,000 22024 $615,000 22025 $630,000 22026 $640,000 22027 $650,000 22028 $670,000 22029 $630,000 22030 $ 95,000 22031 $100,000 22032 $100,000 22033 $105,000 22034 $105,000 22035 $110,000 22036 $110,000 22037 $115,000 22038 $120,000 *The City reserves the right, after proposals are opened and prior to award, to increaseor reduce the principal amount of the Series 2017A Bonds or the amount of any maturityin multiples of $5,000. In the event the amount of any maturity is modified, theaggregate purchase price will be adjusted to result in the same gross spread per $1,000of Series 2017A Bonds as that of the original proposal. Gross spread is the differentialbetween the price paid to the City for the new issue and the prices at which thesecurities are initially offered to the investing public. Proposals for the Series 2017A Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify “Years of Term Maturities” in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Series 2017A Bonds will be issued by means of a book entry system with no physical distribution of Series 2017A Bonds made to the public. The Series 2017A Bonds will be issued in fully registered form and one Series 2017A Bond, representing the aggregate principal amount of the Series 2017A Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”), New York, New York, which will act as securities depository for the Series 2017A Bonds. Individual purchases of the Series 2017A Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Series 2017A Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Series 2017A Bonds, will be required to deposit the Series 2017A Bonds with DTC. Resolution No. 17-29 -3- June 6, 2017 REGISTRAR The City will name the registrar which shall be subject to applicable regulations of the Securities and Exchange Commission. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2026, and on any day thereafter, to redeem Series 2017A Bonds due on or after February 1, 2027. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Series 2017A Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be redeemed. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All redemptions shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Series 2017A Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments from benefited properties for repayment of a portion of the of the Series 2017A Bonds. The proceeds of the Series 2017A Bonds will be used to (i) finance the City’s 2017 Pavement Management Program; (ii) refund the February 1, 2021 through February 1, 2029 maturities of the City’s General Obligation Improvement Bonds, Series 2009A, dated May 1, 2009; and (iii) finance the acquisition of various items of capital equipment. BIDDING PARAMETERS Proposals shall be for not less than $7,710,000 (Par) plus accrued interest, if any, on the total principal amount of the Series 2017A Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the City scheduled for award of the Series 2017A Bonds is adjourned, recessed, or continued to another date without award of the Series 2017A Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2017A Bonds of the same maturity shall bear a single rate from the date of the Series 2017A Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $77,100 (the “Deposit”) no later than 1:00 P.M., Central Time on the Sale Date. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier’s check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of its Deposit whether by check or wire transfer. Neither the City nor Springsted have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Resolution No. 17-29 -4- June 6, 2017 Certified or Cashier’s Check. A Deposit made by certified or cashier’s check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101 by the time specified above. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the “Purchaser”) will be retained by the City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Series 2017A Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2017A Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Series 2017A Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2017A Bonds, but neither the failure to print such numbers on any Series 2017A Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2017A Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT On or about July 20, 2017, the Series 2017A Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2017A Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2017A Bonds has been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non- compliance with said terms for payment. Resolution No. 17-29 -5- June 6, 2017 CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2017A Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Series 2017A Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Series 2017A Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Series 2017A Bonds, and said Preliminary Official Statement will serve as a near-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Series 2017A Bonds, together with any other information required by law. By awarding the Series 2017A Bonds to the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the Purchaser up to 25 copies of the Final Official Statement. The City designates the Purchaser as its agent for purposes of distributing copies of the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member. Dated June 6, 2017 BY ORDER OF THE CITY COUNCIL /s/ Susan Virnig Finance Director Resolution 17-30 June 6, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,935,000 GENERAL OBLIGATION TAX INCREMENT AND IMPROVEMENT BONDS, SERIES 2017B WHEREAS, the City Council of the City of Golden Valley, Minnesota, has heretofore determined that it is necessary and expedient to issue its $1,935,000 General Obligation Tax Increment and Improvement Bonds, Series 2017B (the “Bonds”) to finance public street and utility improvements within the Highway 55 (Renewal and Renovation) Tax Increment District; and WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota (“Springsted”), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Authorization; Findings. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. Meeting; Bid Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Clerk, or designee, shall open bids at the time and place specified in such Terms of Proposal. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the “Terms of Proposal” attached hereto as Exhibit A and hereby approved and made a part hereof. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. __________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution No. 17-30 -2- June 6, 2017 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,935,000* CITY OF GOLDEN VALLEY, MINNESOTA GENERAL OBLIGATION TAX INCREMENT AND IMPROVEMENT BONDS, SERIES 2017B (BOOK ENTRY ONLY) Proposals for the above-referenced obligations (the “Series 2017B Bonds”) will be received by the City of Golden Valley, Minnesota (the “City”) on Tuesday, June 20, 2017, (the “Sale Date”) until 10:00 A.M., Central Time at the offices of Springsted Incorporated (“Springsted”), 380 Jackson Street, Suite 300, Saint Paul, Minnesota, 55101, after which time proposals will be opened and tabulated. Consideration for award of the Series 2017B Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of a bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Series 2017B Bonds regardless of the manner in which the proposal is submitted. (a)Sealed Bidding.Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted proposal. OR (b)Electronic Bidding.Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY ® shall constitute the official time with respect to all proposals submitted to PARITY ®.Each bidder shall be solely responsible for making necessary arrangements to access PARITY ®for purposes of submitting its electronic proposal in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents, nor PARITY ®shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents, nor PARITY ®shall be responsible for a bidder’s failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY ®solely as a communication mechanism to conduct the electronic bidding for the Series 2017B Bonds, and PARITY ®is not an agent of the City. Resolution No. 17-30 -3- June 6, 2017 If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2 nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE SERIES 2017B BONDS The Series 2017B Bonds will be dated as of the date of delivery and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2018. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Series 2017B Bonds will mature February 1 in the years and amounts* as follows: 2019 $100,000 2020 $200,000 2021 $200,000 2022 $205,000 2023 $200,000 2024 $200,000 2025 $205,000 2026 $210,000 2027 $205,000 2028 $210,000 **The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Series 2017B Bonds or the amount of any maturity in multiples of $5,000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Series 2017B Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Series 2017B Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify “Years of Term Maturities” in the spaces provided on the proposal form. BOOK ENTRY SYSTEM The Series 2017B Bonds will be issued by means of a book entry system with no physical distribution of Series 2017B Bonds made to the public. The Series 2017B Bonds will be issued in fully registered form and one Series 2017B Bond, representing the aggregate principal amount of the Series 2017B Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company (“DTC”), New York, New York, which will act as securities depository for the Series 2017B Bonds. Individual purchases of the Series 2017B Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Series 2017B Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Series 2017B Bonds, will be required to deposit the Series 2017B Bonds with DTC. Resolution No. 17-30 -3- June 6, 2017 REGISTRAR The City will name the registrar which shall be subject to applicable regulations of the Securities and Exchange Commission. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2025, and on any day thereafter, to redeem Series 2017B Bonds due on or after February 1, 2026. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Series 2017B Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be redeemed. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All redemptions shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Series 2017B Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties and tax increment revenues of the Highway 55 (Renewal and Renovation) Tax Increment District (the “District”) for repayment of a portion of the Series 2017B Bonds. The proceeds will be used to finance public street and utility improvements in the District. BIDDING PARAMETERS Proposals shall be for not less than $1,913,715 plus accrued interest, if any, on the total principal amount of the Series 2017B Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals on the Sale Date unless the meeting of the City scheduled for award of the Series 2017B Bonds is adjourned, recessed, or continued to another date without award of the Series 2017B Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1%. The initial price to the public for each maturity must be 98.0% or greater. Series 2017B Bonds of the same maturity shall bear a single rate from the date of the Series 2017B Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT To have its proposal considered for award, the lowest bidder is required to submit a good faith deposit to the City in the amount of $19,350 (the “Deposit”) no later than 1:00 P.M., Central Time on the Sale Date. The Deposit may be delivered as described herein in the form of either (i) a certified or cashier’s check payable to the City; or (ii) a wire transfer. The lowest bidder shall be solely responsible for the timely delivery of its Deposit whether by check or wire transfer. Neither the City nor Springsted have any liability for delays in the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to submit a Deposit, and thereafter award the sale to such bidder. Resolution No. 17-30 -4- June 6, 2017 Certified or Cashier’s Check. A Deposit made by certified or cashier’s check will be considered timely delivered to the City if it is made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 by the time specified above. Wire Transfer. A Deposit made by wire will be considered timely delivered to the City upon submission of a federal wire reference number by the specified time. Wire transfer instructions will be available from Springsted following the receipt and tabulation of proposals. The successful bidder must send an e-mail including the following information: (i) the federal reference number and time released; (ii) the amount of the wire transfer; and (iii) the issue to which it applies. Once an award has been made, the Deposit received from the lowest bidder (the “Purchaser”) will be retained by the City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at settlement from the purchase price. In the event the Purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Series 2017B Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Series 2017B Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Series 2017B Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Series 2017B Bonds, but neither the failure to print such numbers on any Series 2017B Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Series 2017B Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT On or about July 20, 2017, the Series 2017B Bonds will be delivered without cost to the Purchaser through DTC in New York, New York. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Series 2017B Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Series 2017B Bonds has been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non- compliance with said terms for payment. Resolution No. 17-30 -5- June 6, 2017 CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Series 2017B Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The Purchaser's obligation to purchase the Series 2017B Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Series 2017B Bonds. OFFICIAL STATEMENT The City has authorized the preparation of a Preliminary Official Statement containing pertinent information relative to the Series 2017B Bonds, and said Preliminary Official Statement will serve as a near-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Preliminary Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Municipal Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. A Final Official Statement (as that term is defined in Rule 15c2-12) will be prepared, specifying the maturity dates, principal amounts, and interest rates of the Series 2017B Bonds, together with any other information required by law. By awarding the Series 2017B Bonds to the Purchaser, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the Purchaser up to 25 copies of the Final Official Statement. The City designates the Purchaser as its agent for purposes of distributing copies of the Final Official Statement to each syndicate member, if applicable. The Purchaser agrees that if its proposal is accepted by the City, (i) it shall accept designation and (ii) it shall enter into a contractual relationship with its syndicate members for purposes of assuring the receipt of the Final Official Statement by each such syndicate member. Dated June 6, 2017 BY ORDER OF THE CITY COUNCIL /s/ Susan Virnig Finance Director Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 6. E. 2017-2018 Liquor License Renewals Prepared By Kris Luedke, City Clerk Summary The following establishments have applied for renewal of their liquor license for the 2017-2018 license term. The applicants listed in exhibit A have met City Code and State requirements for the renewal of their licenses. Staff is recommending approval of the following license renewals: Exhibit A Licensee Address License Type Benihana 850 Louisiana Avenue N.On Sale and Sunday Brookview Golf Course 200 Brookview Parkway On Sale and Sunday Cedar Lake Wine 7702 Olson Memorial Hwy.Off Sale Chester Bird American Legion Post #523 200 Lilac Drive N.Club On Sale and Sunday Chipotle Mexican Grill 515 Winnetka Avenue N.On Sale and Sunday D'Amico and Sons, Inc.7804 Olson Memorial Hwy Wine On Sale and Strong Beer Davanni's Pizza & Hoagies 663 Winnetka Avenue N.Wine On Sale and Strong Beer Doolittles Woodfire 550 Winnetka Avenue N.On Sale and Sunday Golden Valley Country Club 7001 Golden Valley Road On Sale and Sunday Golden Valley Liquor Barrel 7890 Olson Memorial Hwy.Off Sale Good Day Cafe 5410 Wayzata Blvd.On Sale and Sunday Holiday Inn Express 6051 Golden Valley Drive 3.2 Off-Sale J.J's Clubhouse 6400 Wayzata Blvd.On Sale and Sunday Lakeridge Wine & Spirits 2580 Hillsboro Avenue N.Off Sale Lunds &Byerlys Wine & Spirits 5719 Duluth Street Off Sale Metropolitan Ballroom & Clubroom 5418 Wayzata Blvd.On Sale and Sunday Exhibit A - continued Licenses Address License Type New Bohemia Wurst & Bier Haus 8020 Olson Memorial Hwy.Wine & Strong Beer Noodles & Company 7808 Olson Memorial Hwy.Wine on Sale and Strong Beer Ramada Golden Valley 6300 Wayzata Blvd.Wine and Strong Beer Red Lobster #157 8900 Golden Valley Road On Sale and Sunday Schuller's Tavern 7345 Country Club Drive On Sale; Sunday and Off Sale Smashburger 509 Winnetka Avenue N.Wine and Strong Beer Sodexo America One General Mills Blvd.On Sale Super America 1930 Douglas Drive N.3.2 Off Sale Super America 6955 Market Street 3.2 Off Sale Teresa's Mexican Restaurant 5621 Duluth Street On Sale and Sunday The Early Bird Café -Mort's Deli 525 Winnetka Avenue N.Wine On Sale and Strong Beer The following establishment has applied for renewal of their liquor license for the 2017-2018 license term. The applicant listed in exhibit B has not met the City Code requirements. Staff is recommending denial of the liquor license renewal. Exhibit B Licensee Address License Type Sushi X 6440 Wayzata Blvd.On Sale and Sunday Attachments •Memos from Golden Valley Police Department (3 pages) Recommended Action Motion to approve the renewal of the liquor licenses for the applicants listed in exhibit A and to deny the applicant listed in exhibit B for the license period of July 1, 2017 through June 30, 2018. To: Kris Luedke From: Sgt. Jeff Johnson Date: June 1, 2017 Re:Liquor License Renewals Background checks have been completed for the 2017-2018 licensing period. The below listed establishments and clubs meet City licensing guidelines. Club On-Sale and Sunday Sale American Legion Chester Bird On-Sale Intoxicating Sodexo America LLC On-Sale Intoxicating and Sunday Sale Benihana Brookview Golf Course Chipotle Mexican Grill #774 Doolittle’s Woodfire Grill Golden Valley Country Club Good Day Café J.J.’s Clubhouse Metropolitan Ballroom and Clubroom Red Lobster #0157 Teresa’s Mexican Restaurant Off-Sale/On-Sale and Sunday Sale Schuller’s Tavern Off-Sale Intoxicating Cedar Lake Wine Company Golden Valley Liquor Barrel Lakeridge Wine & Spirits Lund’s & Byerly’s Wine & Spirits Wine On-Sale (including strong beer) D’Amico and Sons Davanni’s Pizza & Hoagies New Bohemia Golden Valley Noodles & Company Ramada Minneapolis West Smashburger #1024 The Early Bird Café - Mort’s Deli Off Sale 3.2 Malt Liquor Super America (Market St.) Super America (Douglas Dr.) Holiday Inn Express GV 2017 Liquor License Renewal -Sushi X Inc.OT GV170E000409 Prepared by: Sgt. Jeff Johnson Summary: Sushi X Inc. (“Sushi X”) has applied for a Liquor License renewal for the 2017-2018 license year. Sushi X is located at 6440 Wayzata Blvd in the City of Golden Valley. A background investigation and record checks were completed on May 2 nd, 2017 and revealed that false information was provided by Sushi X on the application and information material to evaluating the application, including several violations, was omitted. Under City Code Section 5.02, subdivision 3, “[i]t is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license.” Sushi X’s application contained the following false statements and omissions: 1.Question 1 of Section 3 of the Alcoholic Beverage License Application Part II asks: “Have you, your spouse, [or] person with whom you currently reside. . . ever operated or been an employee of a hotel, restaurant, café, tavern, bar or other business which served 3.2 percent malt liquor, wine or intoxicating liquor?” The applicant answered “no.” This answer was false. Ms. Zheng indicated in Section 1 of Part II of the application that she was previously employed at Super World Buffet located at 15050 Cedar Avenue, Apple Valley, Minnesota. Super World serves 3.2 percent malt liquor, wine and/or intoxicating liquor and holds a liquor license issued by the City of Apple Valley. Additionally, the background check showed that Ms. Zheng currently resides with Mr. Ai Cai Li, who is the former owner of Sushi X and the current owner of Super World Buffet, a.k.a. Li Inc. In addition to owning and running Super World Buffet, Mr. Ai Cai Li is currently involved in the daily operation of Sushi X. 2.Question 4 of Section 2 of the Alcoholic Beverage License Application Part II asks: “Have you, your spouse, [or] person with whom you currently reside. . . ever been convicted of a willful violation of federal, state, or local law governing the manufacture, sale distribution, or possession for sale or distribution of intoxicating liquor, wine, or 3.2 percent malt liquor.” Similarly, question 6 of the same Section asks: “Have you, your spouse, [or] person with whom you currently reside. . . ever been convicted of any felony, crime, or violation of any ordinance, other than traffic?” Ms. Zheng answered “no” to both of these questions. These answers were false. Ms. Zheng resides with Mr. Ai Cai Li and has resided with him since 2013. On September 7, 2016, Sushi X, under the ownership of Mr. Ai Cai Li, was subject to sanction by the City for selling alcohol to a person under the age of 21 in violation of Minnesota Statutes section 340A.404 and City Code Chapter 5. Under a Notice of Waiver and Acceptance of Penalty, Mr. Ai Cai Li agreed to a one-day suspension of the license. On September 26, 2016, Sushi X failed a suspension compliance test. The City issued an administrative citation under City Code Section 5.02, subd. 5(F)(1)(b). Mr. Ai Cai Li voluntarily surrendered the liquor license to avoid mandatory revocation. 3. Section 3 of the Alcoholic Beverage License Application Renewal requires the Applicant to provide personal information “for each general manager, food/beverage manager, managing partner, individual in control of the licensed premises, person or entity with controlling interest in the applicant, and any person/entity who has (directly or indirectly) an ownership interest in applicant in excess of 5%.” In response to this Section, Ms. Zheng listed only herself. This constituted a willful omission of the personal information of other responsible parties, including Mr. Ai Cai Li. Mr. Ai Cai Li is in control of the licensed premises, involved in its daily operations and may also be a manager or owner of the business. Property maintenance specialist/Firefighter Dave Gustafson from the City of Golden Valley Fire Department has been speaking with Mr. Ai Cai Li on a regular basis about property maintenance issues with the building as recently as the May 4, 2017. Additionally, on January 5 th, 2017, Hennepin County Sheriff’s Deputies and other West Metro Drug Task Force members executed a search warrant at Sushi X. Mr. Ai Cai Li called detectives as a representative of the business to ask what was occurring at the premises. This clearly shows that Mr. Ai Cai Li is in control of Sushi X’s premises. Recommended Action: Under City Code Section 5.03, “[t]he City may refuse to renew the license of a person who is disqualified under any other section of the City Code.” Furthermore, [t]he Council may, in its sole discretion and for any reasonable cause, refuse to grant any application.” City Code, Section 5.02, Subdivision 5.E. Based on the above findings, the Golden Valley Police Department recommends denial of Sushi X’s application. Executive Summary For Action Golden Valley City Council Meeting June 6, 2017 Agenda Item 6. F. First Consideration - Amendment to Section 5.42: Hours and Days of Liquor Sales to allow for Off-Sale of Intoxicating Liquor on Sundays Prepared By Kris Luedke, City Clerk Summary During the latest legislative session, a bill was passed that included a provision modifying the state’s liquor laws to permit the off-sale of intoxicating liquor on Sundays. Essentially the changes allows for intoxicating liquor sales on Sundays during the hours of 11 am to 6 pm by off-sale licensees (mainly liquor stores) as of July 1, 2017. If the Council adopts the ordinance on first consideration, the second consideration will be heard at the June 20, 2017, Council meeting. Upon approval after two considerations, the new ordinance should be effective on July 1, 2017. Attachments •City Code Section 5.42: Hours and Days of liquor Sales, with underline-overstrike language (1 page) •Ordinance #621, Amendment to Chapter 5: Alcoholic Beverages Licensing and Regulations Section 5.42: Hours and Days of Liquor Sales to allow for Off-Sale of Intoxicating Liquor on Sundays (1 page) Recommended Action Motion to adopt Ordinance #621, Amendment to Chapter 5: Alcoholic Beverages Licensing and Regulations Section 5.42: Hours and Days of Liquor Sales to Allow for Off-Sale of Intoxicating Liquor on Sundays. § 5.42 Golden Valley City Code Page 1 of 1 Section 5.42: Hours and Days of Liquor Sales Subdivision 1. On-Sale No on-sale of liquor shall be made between the hours of 1 am and 8 am on any weekday. No on-sale of liquor shall be made after 1 am on Sunday nor until 8 am on Monday, except as otherwise provided in Section 5.41. Subdivision 2. Off-Sale No off-sale of liquor shall be made before 8 am or after 10 pm on Monday through Saturday. No off-sale of liquor shall be made on Sundays, Thanksgiving Day or December 25, nor after 8 pm on December 24. Subdivision 2. Off-Sale - Intoxicating Liquor A. No sale of intoxicating liquor may be made by an off-sale licensee: 1. on Sundays, except between the hours of 11:00 am and 6:00 pm: 2. before 8:00 am or after 10:00 pm on Monday through Saturday: 3. on Thanksgiving Day: 4. on Christmas Day, December 25: or 5. after 8:00 pm on Christmas Eve, December 24. B. No delivery of alcohol to an off-sale licensee may be made by a wholesaler or accepted by an off-sale licensee on a Sunday. No order solicitation or merchandising may be made by a wholesaler on a Sunday. ORDINANCE NO. 621, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Chapter 5: Alcoholic Beverages Licensing and Regulations Section 5.42: Hours and Days of Liquor Sales to Allow for Off-Sale of Intoxicating Liquor on Sundays The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 5.42, Subdivision 2: Off-Sale - Intoxicating Liquor is hereby deleted in its entirety and replaced with the following: Section 5.42: Hours and Days of Liquor Sales Subdivision 2. Off-Sale - Intoxicating Liquor A. No sale of intoxicating liquor may be made by an off-sale licensee: 1. on Sundays, except between the hours of 11:00 am and 6:00 pm: 2. before 8:00 am or after 10:00 pm on Monday through Saturday: 3. on Thanksgiving Day: 4. on Christmas Day, December 25: or 5. after 8:00 pm on Christmas Eve, December 24. B. No delivery of alcohol to an off-sale licensee may be made by a wholesaler or accepted by an off-sale licensee on a Sunday. No order solicitation or merchandising may be made by a wholesaler on a Sunday. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect on July 1, 2017. Adopted by the City Council this 6 th day of June, 2017. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk