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06-20-17 CC Agenda Packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber June 20, 2017 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes: 1. Council/Manager Meeting - April 13, 2017 3-4 2. City Council Meeting - June 6, 2017 5-8 B.Approval of City Check Register 9 C.Licenses: 1. 2017-2018 Liquor License Renewal 10-11 2. Temporary Liquor License for The Church of St. Margaret Mary 12 3. Temporary Liquor License for Chester Bird American Legion RibFest 13 D.Minutes: 1. Human Right Commission - April 25, 2017 14-16 2. Human Services Fund - May 8, 2017 17 3. Open Space & Recreation Commission - April 24, 2017 18-19 E.Bids and Quotes: 1. Approve Purchase of V-Box Smart Spreader 20 2. Approve Purchase of Fuel Tank Sump 21 F.Acceptance of Donation from Golden Valley Federated Women’s Club 17-31 22-23 G.Authorize Execution of a Flood Damage Reduction Assistance Grant Agreement with Minnesota Department of Natural Resources 17-32 24-28 H.Authorize Purchase of 1601 Independence Avenue North 17-33 29-32 I.Authorize Purchase of 1605 Independence Avenue North 17-34 33-36 J.Authorize Agreement for School Resource Officer Service with Independent School District 281 37-40 K.Approve of Amended Public Purpose Expenditure Policy 17-35 41-47 L.Receipt of May 2017 Financial Reports 48-57 M.Letters, Emails and/or Petitions: 1. Resignation from Human Rights Commission 58 N.Authoring Amended Reporting Requirement for Local Performance Measurement Program 17-36 59-61 O.Human Rights Commission Appointment 62 4.PUBLIC HEARINGS A.Public Hearing - MS4 General Permit, Storm Water Pollution Prevention Program, 2016 Annual Report to the Minnesota Pollution Control Agency 17-37 63-65 B.Public Hearing - Ordinance #622 - Amending Section 11.04 Temporary Uses regarding Mobile Food Vendors in Residential Zoning Districts 66-88 5.OLD BUSINESS 6.NEW BUSINESS A.Douglas Drive Reconstruction Project Update 89 B.Awarding the Sale of:90-141 1. $7,710,000 General Obligation Bonds, Series 2017A 17-38 2. $1,935,000 General Obligation Improvement Bonds - Hwy 55 W, Series 2017B 17-39 C.METRO Blue Line Extension Update 142 D.Second Consideration - Ordinance #621 - Amending Section 5.42: Hours and Days of Liquor Sales to allow for Off-Sale of Intoxicating Liquor on Sundays 143-145 E.Review of Council Calendar F.Mayor and Council Communications 7.ADJOURNMENT UNOFFICAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA April 13, 2017 Present: Mayor Harris and Council Members: Clausen, Fonnest, Schmidgall and Snope. Also present were: City Manager Cruikshank, Physical Development Director Nevinski, Finance Director Virnig, Communications Manager Weiler, Parks and Recreation Director Birno, Police Chief Sturgis, 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 - continued Planning Manager Zimmerman updated Council on the second Comp Plan Conversation discussion regarding land use which focused on the areas in the Downtown West Planning District and around the planned Golden Valley Road Light Station Area. The Council discussed the land use areas of downtown and around the proposed light rail station. Mr. Zimmerman said the Planning Department planned to come back in the future with an initial draft of the Golden Valley General Land Use Plan map. 2. 2040 Comprehensive Plan Update - Housing Planning Associate/Grant Writer Goellner provided feedback received from the Comp Plan Conversation’s open house and discussion regarding housing which included reactions to the draft goals and objectives and the initial recommendations from the Comprehensive Housing Study conducted in late 2016. The Council discussed affordable housing, future redevelopment areas, programs that may be available for residents looking for housing and the housing study. The consensus of Council was to have staff prepare preliminary recommendations on an affordable housing policy and to bring it back to Council for review at future meeting. 3. 2016 Positive Performance - General Fund Transfer and Assignment of Fund Balance Finance Director Virnig reviewed the General Fund Balance policy approved in 2011 which included information regarding positive performance. Ms. Virnig stated staff is recommending $1,000,000 to be transferred out of the General Fund with $300,000 going into the Park Improvement Fund and $700,000 to the Storm Water Utility Fund. Parks and Recreation Director Birno provided information in regards to where the park improvement funds would be used and answered Council questions. City Manager Cruikshank answered questions regarding the Storm Water Utility Fund. The Council discussed the proposed general fund transfers and the consensus was to move forward with the recommendations. Ms. Virnig indicated that the resolution would be added to the next regular Council meeting for formal consideration by the Council. Unofficial Council/Manager Minutes -2- April 13, 2017 4. Public Art Policy City Manager Cruikshank provided background information on the proposed Public Art Policy. The information included the role and responsibly of the Golden Valley Foundation Art Council and the City. Mr. Cruikshank said basically the policy would state that the Foundation/Art Council would be responsible for fundraising and maintenance and the authority of the placement and art selection would reside with the City. The Council discussed the proposed Public Art Policy, the background and the possible committee member makeup of the Art Council. The general consensus was to move forward with the Public Art Policy and to have a staff liaison assigned to the Art Council. 5.Presentation on Results of Brookview Branding Focus Group City Manager Cruikshank introduced the item and stated staff had conducted two community input meetings to review the proposed Brookview branding information. Communications Manager Weiler reviewed the results gathered at the focus groups regarding the Brookview building names and other amenities. After Council discussion, the consensus was to call the new facility Brookview. Council thanked staff for conducting the community focus groups. 6.Presentation on Proposed Crisis Communications Plan City Manager Cruikshank introduced the item and stated due to several high-profile incident in the metro that many cities, including Golden Valley, are reviewing their current communications section of their emergency response plan. Communications Manager Weiler said the review indicated a need for a more thorough plan with improved staff training and on-call support crisis communicators. She presented a four-step proposal for implementing an updated plan that would meet the City’s needs for an amount not to exceed $20,000. Ms. Virnig answered questions regarding where the budget for the item would come from. The Council discussed where the budget for the item would come from, how the training would work, and the consensus was to have staff submit a proposal not to exceed $20,000 and to bring the item back to Council at a future meeting for formal consideration. 7. Campus Security Police Chief Sturgis discussed the current campus security program which included the current improvements and reviewed further recommendation for campus security. He stated the improvements can be accomplished for less than the CIP allotted amount of $50,000. The Council consensus was to go forward with the campus security recommendations. The meeting adjourned to a further discussion on campus security at 9:15 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA June 6, 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. 1C. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Harris administered the Oath of Office and presented a Certificate of Appointment, a city mug and a city pin to Ms. Stephanie Devitt and Ms. Katie Hart to the Human Services Fund and Mr. Maurice Harris to the Human Rights Commission. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the agenda of June 6, 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 June 6, 2017, as submitted and the motion carried. 3A1.Approve Minutes of the Council/Manager Meeting of February 14 and March 14, 2017. 3A2.Approve Minutes of the City Council Meeting of May 16, 2017. 3B. Approve City Check Register and authorize the payment of the bills as submitted. 3C1.Approve a temporary on-sale liquor license for The Loppet Foundation at 1301 Theodore Wirth Parkway for July 23 and September 23, 2017 3C2.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. Environmental Commission - April 24, 2017 3E1.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. 3E2.Approve quote from Dave Perkins Contracting for the repair of 21 watermain gate valves for a total cost of $40,950. 3F.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. 3G.Adopt Resolution 17-25,modifying 2017 General Wages and Salary to include the position of Golf Maintenance Supervisor and Resolution 17-26,amending the 2017 Brookview Golf Budget for the Golf Maintenance Supervisor position. 3H.Approve the Crisis/Critical Issues Preparedness Proposal for the City of Golden Valley. 3I.Adopt Resolution 17-27, supporting Application by West Hennepin Affordable Housing Land Trust to Minnesota Housing Finance Agency for Community Homeownership Impact Funds. 4. PUBLIC HEARINGS Unofficial City Council Minutes -2- June 6, 2017 5. OLD BUSINESS 6. NEW BUSINESS 6A. Approve Cooperative Agreement with Three Rivers Park District for the improvements at Schaper Park Parks & Recreation Director Birno presented the staff report and answered questions from Council. Mr. Freeman, Commissioner of Three Rivers Park District, thanked the Council for partnering on this project and provided additional information on Schaper Park. The Council thanked the Three Rivers Park District for their service to the Golden Valley residents. MOTION made by Council Member Schmidgall, seconded by Council Member Snope 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 and the motion carried. 6B. Acceptance of Grants for Schaper Park Parks & Recreation Director Birno presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 17- 28, accepting grants for Schaper Park 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 Schaper Park All-Inclusive Play Structure and Challenge Course Parks & Recreation Director Birno presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Snope to approve the purchase and installation of a new all-inclusive play structure and Challenge Course at Schaper Park and the motion carried. 6D. 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 Finance Director Virnig presented the staff report and answered questions from Council. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt Resolution 17-29, providing for the Competitive Negotiated Sale of $7,710,000 General Obligation Improvement Bonds and Equipment Bonds, Series 2017A 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. Unofficial City Council Minutes -3- June 6, 2017 6D. Authorize Issuance and Sale of Bonds - continued MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt Resolution 17-30, providing for the Competitive Negotiated Sale of $1,935,000 General Obligation Tax Increment and Improvement Bonds, Series 2017B 2017A 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. 6E. 2017-2018 Liquor License Renewals City Clerk Luedke presented the staff report. City Attorney Cisneros provided additional information on the item. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall, to approve the renewal of the liquor licenses for the applicants listed below for the July 1, 2017, through June 30, 2018, period: Off-Sale:Cedar Lake Wine, Golden Valley Liquor Barrel, Lakeridge Wine & Spirits, and Lunds & Byerly’s Wines & Spirits Off-Sale/On-Sale and Sunday Sale:Schuller’s Tavern Wine On-Sale (including strong beer) and 3.2 Malt Liquor:D’Amico and Sons, Davanni’s Pizza & Hoagies, New Bohemia Golden Valley, Noodles & Company, Ramada Golden Valley, Smashburger, and The Early Bird Deli - Mort’s Deli Off-Sale 3.2 Malt liquor:Holiday Inn Express Golden Valley, Super America #4443 and Super America #4497 On-Sale Club and Sunday Sale:Chester Bird American Legion On-Sale and Sunday Sale:Benihana, Brookview Golf Course and Community Center, Chipotle Mexican Grill #774, Doolittle’s Woodfire Grill, Golden Valley Country Club, Good Day Café, J.J.’s Clubhouse, Metropolitan Ballroom and Clubhouse, Red Lobster, and Teresa’s Mexican Restaurant and On-Sale:Sodexo America; and to deny the applicant listed below for the July 1, 2017, through June 30, 2018, period: On-Sale and Sunday Sale:Sushi X and the motion carried. 6F. First Consideration - Amendment to Section 5.42: Hours and Days of Liquor Sales to allow for Off-Sale of Intoxicating Liquor on Sundays City Clerk Luedke presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Snope 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 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. 6G. Review of Council Calendar The Firefighter Recruitment Expo will be held on June 8, 2017, from 6 to 10 pm at Fire Station 1 located at 7700 Golden Valley Road. The Views of the Valley Photo deadline is June 9, 2017, at 4:30 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. Unofficial City Council Minutes -4- June 6, 2017 6G. Review of Council Calendar - continued A Concert in the Park featuring the Srazhalys will be held on June 12, 2017, at 7 pm in Brookview Park. The City Council Dinner and Brookview Tour will be held on June 13, 2017, at 5 pm at Brookview. The next Council/Manager meeting will be held on June 13, 2017, at 6:30 pm. Some Council Members may attend the League of Minnesota Cities Annual Conference on June 14 through 16, 2017, at the Mayo Civic Center in Rochester, MN. The first Water Day at Scheid Park will be held on June 16, 2017, from 12:30 to 2 pm. Some Council Members may attend the Market in the Valley on June 18, 2017, from 9 am to 1 pm in the City Hall Campus Parking Lot. A Concert in the Park featuring the Percolators will be held on June 19, 2017, at 7 pm in Brookview Park. Board/Commission Interviews will be held on June 20, 2017, at 5:30 pm in the Council Conference room. The next City Council Meeting will be held on June 20, 2017, at 6:30 pm. Some Council Members may attend the Public Safety Open House on June 21, 2017, from 6 to 8 pm at Fire House 1. 6F. Mayor and Council Communication Mayor Harris stated the St. Paul Saints entertainment staff attended a Golden Valley Little League event at Isaacson Park. Mayor Harris and City Manager Cruikshank gave an update on the Douglas Drive Construction project. Council member Clausen congratulated all of the 2017 Golden Valley graduates. 7.ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Snope and the motion carried to adjourn the meeting at 7:27 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting June 20, 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 20, 2017 Agenda Item 3. C. 1. Approve 2017-2018 Liquor License Renewal Prepared By Kris Luedke, City Clerk Summary The following establishment has applied for renewal of their liquor license for the 2017-2018 license term. The following applicant has met City Code and State requirements for the renewal of their license. Wine On-Sale (including strong beer) Envision Catering & Hospitality Attachments •Memo from Golden Valley Police Department (1 page) Recommended Action Motion to approve the renewal of the respective liquor license for the applicant listed above 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 The Background checks have been completed for the 2017-2018 licensing period. The below listed establishment has met City licensing guidelines. Wine On-Sale (including strong beer) Envision Catering & Hospitality Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. C. 2. Temporary On-Sale Liquor License - The Church of St. Margaret Mary Prepared By Kris Luedke, City Clerk Summary The Church of St. Margaret Mary located at 2323 Zenith Avenue North has applied for a temporary on-sale liquor license for their Fall Festival to be held on September 17, 2017, from 11 am to 6 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 Church of St. Margaret Mary has provided this certificate for their event. Recommended Action Motion to approve a temporary on-sale liquor license for Church of St. Margaret Mary located at 2323 Zenith Avenue North for their Fall Festival on September 17, 2017. Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. C. 3. Temporary On-Sale Liquor License - Chester Bird American Legion Prepared By Kris Luedke, City Clerk Summary The Chester Bird American Legion, 200 North Lilac Drive, has applied for a temporary on-sale liquor license for Saturday, July 15, 2017, from 4 pm to midnight for their Rib Fest event. 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 Chester Bird American Legion has provided this certificate for their event. Recommended Action Motion to approve a temporary on-sale liquor license for the Chester Bird American Legion, 200 North Lilac Drive, for their Rib Fest event on July 15, 2017. Human Rights Commission April 25, 2017 Meeting Minutes Page 1 of 3 MINUTES Human Rights Commission (HRC) Golden Valley City Hall 7800 Golden Valley Road Golden Valley, Minnesota 55427 Manager’s Conference Room April 25, 2017 Commissioners present:Jonathan Burris, Co-Chair Adam Buttress, Co-Chair Teresa Martin Gloria Peck Kyle Pettersen-Scott Andrew Ramlet Commissioners absent:Hattie Bonds Staff:Tim Cruikshank, City Manager The meeting was convened at 6:30 pm by Co-Chair Buttress. Introductions Commissioners and Staff introduced themselves. APPROVAL OF AGENDA Motion by Commissioner Burris and second by Commissioner Martin to approve the agenda with these changes: Addition of Change Date of May Meeting. Motion carried 6-0. APPROVAL OF DECEMBER 27, 2016 REGULAR MEETING MINUTES Motion by Commissioner Martin, second by Commissioner Peck to approve the December 27, 2016 minutes. Motion carried 6-0. OLD BUSINESS 2017 Pride Festival (GVPF) Planning Update Commissioner Burris reviewed some of the activities planned for the Festival including the Pride Color Run, food trucks, interfaith service, activities for children, beer garden, music lineup, and is encouraging people to like the event on social media. Jana Shortell from KARE 11 is emceeing the festival. The Golden Valley Community Foundation (GVCF) has been receiving an impressive number of sponsor’s and are also generating donations by selling “All are welcome here” signs, and naming rights to the music stage. More community groups are also participating. The GVCF is also setting aside funds for 2018. The HRC will have a booth at the festival. At the next meeting the HRC should discuss: what information will be available, will there be any type of contest or interactive activity, who will be setting up, staffing and cleaning up the booth area, and who will take the canopy, weights and table for storage. Human Rights Commission April 25, 2017 Meeting Minutes Page 2 of 3 Commissioner Peck stated that there is still space available to rent a booth at the festival. Staff will proceed with the registration for the booth. Motion by Commissioner Peck moved and Commissioner Martin seconded a motion to approve the $100 expenditure for renting a booth at the GVPF. Motion carried 6-0. There was discussion regarding the HRC-sponsored speaker and since there is not much time before the festival if the GVFP has already arranged for speakers the HRC could sponsor one of the speakers. If the speakers are already sponsored the HRC could use the funds for another activity or event. City Manager Cruikshank stated the speaker would need to have an education element in order for the HRC to sponsor them. Motion by Commissioner Burris moved and Commissioner Martin seconded to provide an honorarium of $500 for an educational speaker at the GVPF for 2017. Commissioner Peck will contact City Manager Cruikshank and inform him if any of the speakers scheduled have already been sponsored and make sure there is an educational component to their speech. An updated will be provided at the May meeting. Commissioner Martin will have MnDOT contact Commissioner Peck to arrange for the snowplow blockage of entrances at the GVPF. Commissioner Peck stated that some of the entrances will be blocked by garbage trucks as well. NEW BUSINESS League of Minnesota Human Rights Commission Membership At the last meeting Commissioner Martin stated she was online looking for Human Rights resources and found there was a lack of information by this organization. The HRC requested staff find out what services and resources they provide, if there is a conference offered, and what the fees are. Commissioners were requested to go to the website to review what is available in order to be ready to discuss if the HRC should participate in the membership at the May meeting. At the May Council/Manager meeting the Council will discuss the HRC role and guidance. City Manager Cruikshank will provide an update on the discussion at the May HRC meeting. ACLU Freedom City Mr. and Mrs. Vaaler were in attendance and presented information regarding the ACLU’s nine model state and local law enforcement policies and rules. The Golden Valley’s ACLU People Power group also reviewed the policies and rules stating the City complies with 5 out of the 9 rules. They are requesting the HRC review and recommend that the City Council approve the policies. The group met with Mayor Harris and Council Member Clausen and will meet with City Manager Cruikshank and Police Chief Sturgis. They will be attending the July Council/Manager meeting. The HRC requested the item be placed on the May HRC meeting for discussion. The Police Chief will attend the meeting to speak to the policies and rules the Police Department follows. The City Attorney may also attend the May HRC meeting. Staff will inform the ACLU group of the meeting and ask if they would like to attend to observe the conversation. The HRC will discuss the item and make a recommendation at the meeting. Change Date of May Meeting City Manager Cruikshank stated the Board/Commission Recognition Dinner has been scheduled for May 30, 2017 and that date conflicts with the next HRC meeting. After discussion the meeting date was changed to Tuesday, May 23, 2017. Human Rights Commission April 25, 2017 Meeting Minutes Page 3 of 3 City Manager Cruikshank stated that a number of government agencies, including Golden Valley staff, are participating in the Government Alliance on Race and Equity (GARE). He invited the HRC to attend the GARE Advancing Racial Equity Speaker Series “Organizing for Power - Inside and Outside Strategies” to be held on May 24, 2017 from 6-8 pm at the Bloomington Civic Plaza, Schneider Theatre, 1800 West Old Shakopee Road. ADJOURN Motion by Commissioner Burris, second by Commissioner Ramlet to adjourn the meeting at 7:35 pm. Motion carried 6-0. _______________________________ Adam Buttress, Co-Chair ATTEST: _________________________________ Judy Nally, Administrative Assistant Approved by HRC: May 25, 2017 Golden Valley Human Services Fund (GVHSF) Meeting Minutes May 8, 2017 Present:Aaron Black, Kathryn Frommer, Alan Ingber, Andrea Mac Arthur, Sarah Meyerring, Peder Hanson and Scott Charlesworth-Seiler. Also present, Brian Erickson, Staff Liaison. Not Attending:Denise La Mere – Anderson, Hilmer Erickson and Elissa Heilicher. Call to Order: Black called the meeting to order at 6:50 p.m. Agenda Changes or Additions:No changes or additions to the agenda. April 10 Minutes:Charlesworth-Seiler moved and Mac Arthur seconded the motion to approve the minutes from April 10. The motion passed unanimously Run the Valley Evaluation:Members evaluated the event. All agreed the run went well. Some suggestions for improvement were discussed: Look at a new timer in 2018, more signage and kids fun run shirts. It was also mentioned that people liked the donut holes from Valley Pastries and bag from Lunds & Byerlys. Upcoming Events: Golf Classic and Lawn Bowling Event:The date has been set for Friday, July 14 with an 8:00 a.m. shot- gun start. Lawn Bowling will begin at 10:30 a.m. (approximate time). New additions to the tournament were discussed. Members discussed having a representative from a funded agency speak during the lunch. Frommer said she would work on finding someone. Sponsors:The brochure will sent to Communications for updating. Erickson will send the letter to last year’s sponsors with the updated brochure and members will contact past and possible new sponsors. Door prize solicitation:Members volunteered to contact businesses for sponsorships and prizes for the tournaments. Food/Beverages:It was decided to contact New Bohemia and ask if they would be able to cater. PR/Marketing:Different ways to promote were discussed. Possibilities of using social media, contacting funded agencies and putting on Brookview Golf website. Fees:The fees for golf and lawn bowling sponsorships will remain the same. For Golf: ($1,000-corporate sponsor, $500-hole sponsor, and $300 for a foursome). For Lawn Bowling: ($500 for lawn bowling sponsor, and $80 for team of four). Run the Valley date:A date was not selected, but that it would be early April, 2018. A date will be selected at the June meeting. Other Business: July 10 Meeting: The July Meeting Date has been changed to Monday, July 10. It was originally scheduled for Tuesday, July 11. Board and Commission Dinner:Members were reminded of the Board and Commission Dinner on Tuesday, May 30. Funding Non 501c3 Agencies: Tabled until future meeting. Adjournment:Black moved to adjourn the meeting, Charlesworth-Seiler seconded the motion. The meeting was adjourned at 7:55 p.m. Respectfully submitted, Denise La Mere-Anderson GVHSF Chair Brian Erickson, Staff Liaison GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Meeting Minutes April 24, 2017 1. Call to Order Cornelius called the meeting to order at 6:30 pm. 2. Roll Call Present: Commissioners: Roger Bergman, Cindy Carow-Schiebe, John Cornelius, Bob Mattison, Gillian Rosenquist, Kimberly Sanberg, and Dawn Speltz. Staff: Rick Birno, Director of Parks and Recreation; Ben Disch, Golf Course Manager; and Sheila Van Sloun, Administrative Assistant. Absent: Andy Bukowski and Kelly Kuebelbeck. 3. Agenda Changes or Additions None. 4. Approval of Minutes - March 27, 2017 Sanberg made a spelling correction to her name in item nine. MOTION: Moved by Bergman and seconded by Rosenquist to approve the March 27, 2017 meeting minutes as amended. Motion carried unanimously. 5. Brookview Golf Update - Ben Disch Disch began by updating the Commission on the 2016 season. He said it was an excellent season and record year for the course, which remains in the top 3-4 played courses in Minnesota. He said it was also a record year for the driving range, which opened early and closed late. Disch said the last two years have seen record sales in food and beverage. He said the addition of lawn bowling and liquor service in 2014 has changed their business dramatically. He added that merchandise had record sales last year we well. Disch added that they are maxed out on all their leagues and that Brookview's Men's League is the largest in the state. This season, the driving range opened in March and lawn bowling opens next week. They will be offering free lawn bowling for the community on Friday, May 5 from 6-9 pm. Disch noted several improvements that have been completed, including: 60-70 additional parking spots added at the driving range, driving range building improvements, construction of a new putting green, re -sodding of the driving range tee, and renovation of 90% of the bunkers, to name a few. Disch then discussed parking during construction, issues they are having, and ideas for improving the situation. 6. Review 2016 Open Space and Recreation Commission Annual Report Birno said the annual report is complete and ready to be presented to the City Council on May 9, 2017 by Chair Cornelius. 7. Medley and Wesley Tennis Courts/Park Planning Birno provided an update on the plans to remove and not replace the Glenview tennis courts this fall. Wildwood tennis courts will also be removed this fall and replaced with six Pickle Ball courts, which will be scheduled to open in the summer of 2018. Open Space & Recreation Commission Minutes April 24, 2017 Page 2 Discussion then moved to the Medley tennis courts (reconstructed in 1991) and the Wesley Park tennis courts (constructed in 1970's). Both sets of courts have deteriorated to the point they cannot be repaired. City Council has appropriated $300,000 to partner with the Park CIP budget of $60,000 to replace failing tennis courts. Staff is recommending that the Wesley Park tennis courts be removed and reconstructed to four/five courts with new fence and lighting. Construction would begin in the fall of 2017 and be completed summer of 2018. Staff is also recommending that Medley Park tennis courts be removed, not replaced, and consider the location for a future community garden. Discussion also included future use of the ball field #2 area at Medley Park, which is no longer appropriate for baseball/softball activities. Both staff and commission members agree this could potentially be a location for an off -leash pet exercise area in the future and the location should be explored for that amenity. The Commission is very supportive of staff recommendations and looks forward to the plans for the improvements. Staff will work to pull together improvement information to share with neighborhoods and work with consultants on an RFP packet for the Wildwood Pickle Ball courts and the Wesley Park tennis courts. The May Open Space and Recreation Commission meeting will focus on defining what a community garden in Golden Valley consists of and developing location recommendations to recommend to the City Council. 8. Commission and Staff Updates Brookview Construction and Driving Range Building Improvements - Birno said roof and mason work will begin on May 1. He said concrete work is complete. In the indoor play area, a few adjustments will need to be made to the sprinkler design. The driving range building windows and siding are complete, and concrete work in the cold storage area will be done by weeks end. 2016/17 Deer Removal Update - Birno said due to the lack of snow, it was a bad year for removals. He said they plan to implement the program again next year. Run The Valley at Meadowbrook on April 29, 2017 - Birno said the event has been moved to Meadowbrook this year due to construction at Brookview. Schaper Park Challenge Course and All Inclusive Play Structure - Birno said the project is moving forward as a partnership with Three Rivers Park District, and grants received from Paul's Pals and Minnesota Wisconsin Playgrounds. Anticipated completion is September 2017. Lakeview Park Update - Birno said due to moisture in the park, the project has been on hold. He said additional fill will be added. The final work will be done as soon as it's dry enough for the footings to be installed. 9. Adjournment MOTION: Moved by Bergman and seconded by Rosenquist to adjourn at 8:30 pm. Motion carried unanimously. ATTEST: Sheila Van Sloun, Administrative Assistant John Cornelius, Chair Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. E. 1. Purchase V-Box Smart Spreader Prepared By Bert Tracy, Public Works Maintenance Manager Tim Kieffer, Street Maintenance Supervisor Summary The 2017-2021 Storm Sewer Capital Improvement Program (SS-42, page 90) includes $56,000 for the purchase of a new V-Box Smart Spreader. The V-Box Smart Spreader is utilized for winter application of granular and liquid deicers. This unit is a slide in V-Box that fits into the dump body of the City’s new single axle dump truck purchased in 2016. The Smart Spreader budgeted for 2017 was part of a test program with Highway Equipment Company and Towmaster Truck Equipment Company comparing Xzalt Smart Spreader performance and product savings against standard V-Box spreaders. Golden Valley staff agreed to participate in testing the Xzalt Smart Spreader at no cost to the city; product testing was completed during the 2016-2017 snow and ice season. Staff was impressed with the performance and product savings of the Smart Spreader and are recommending the purchase of the Smart Spreader. The Minnesota Materials Management Division has awarded the following contract for the Xzalt Smart Spreader to Towmaster Truck Equipment Company. Contract No.Item Vendor Amount #120920 S-863 (5) 2017 Xzalt Smart Spreader Towmaster Truck Equipment Company $54,233 Total Purchase $54,233 Recommended Action Motion to approve purchase of a Xzalt V-Box Smart Spreader from Towmaster Truck Equipment Company for $54,233. Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. E. 2. Authorize purchase of Fuel Tank Sump Prepared By Bert Tracy, Public Works Maintenance Manager Marshall Beugen, Vehicle Maintenance Foreman Summary Fuel tank sumps for the diesel fuel tanks continually fill with water creating a concern with fuel mixing with water in the sumps. The fuel tank sump and outer casing fuel transfer piping has been damaged and requires emergency replacement in order to correct the environmental concerns of fuel filtering into the ground. Also, staff was recently informed of new Minnesota Pollution Control Agency rules that will require fuel tank sumps to be hydrostatically tested and overfill protected by 2018. The emergency diesel fuel tank sump repair was not anticipated during the 2017 budget process; therefore, the repair will be paid for with fund balance. With this fund, an hourly rate is charged to departments that use their service to pay for all costs incurred. The Street Maintenance Division will remove and replace the concrete pad over the diesel tanks as part of the project, thus reducing the financial impact of the emergency repair. Staff solicited quotes from two contractors for the replacement of the damaged fuel tank sump and carrier pipe. The results are as follows: Lube Tech, Incorporated $34,800 S & R Sales, Incorporated $38,235 Recommended Action Motion to approve the purchase of a diesel tank fuel sump and carrier pipe from Lube Tech, Incorporated in the amount of $34,800. Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. F. Acceptance of Donation from Golden Valley Federated Women’s Club Prepared By Brian Erickson, Recreation Supervisor Rick Birno, Director of Parks & 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 following resolution detailing the specific donor and their fiscal gift for your consideration. Attachments •Resolution Accepting a Donation from Golden Valley Federated Women’s Club for the Summer Concert Series (1 page) Recommended Action Motion to adopt Resolution accepting a Donation from the Golden Valley Federated Women’s Club for the Summer Concert Series. Resolution 17-31 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN’S CLUB FOR THE SUMMER CONCERT SERIES 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 donation: $100 from Golden Valley Federated Women’s Club for support of the summer concert series. _____________________________ 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 20, 2017 Agenda Item 3. G. Authorize Execution of a Flood Damage Reduction Assistance Grant Agreement with Minnesota Department of Natural Resources Prepared By Jeff Oliver P.E., City Engineer Tom Hoffman, Water Resources Technician Summary The City has been aware of localized flooding issues in an alley north of Olympia Street between Mendelssohn Avenue North and Independence Avenue North. During intense rainfall events, the storm sewer that runs underneath Trunk Highway 169 has flow capacity issues. The flow issues greatly restrict the amount of stormwater that is able to flow through this pipe and into Medicine Lake. In the course of these events, the storm sewer discharges stormwater into the alley located north of Olympia Street. The discharge of stormwater and runoff within the adjacent block causes inundation in the yards, driveways, garages, and basements of three adjacent properties. These structures have experienced repetitive flood damage. These issues came to light again during an open house for the 2015 Pavement Management Program (2015 PMP). The feasibility report for the proposed Lakeview Park Pond Study and the 2015 PMP Feasibility Study investigated potential remedies to the storm sewer capacity issues. Among the options investigated was the installation of a new storm sewer to Medicine Lake or the reconstruction of the existing pipe to provide needed capacity. These alternatives were deemed unfeasible due to high construction costs, inability to provide needed storm sewer capacity downstream, and soil stability issues. It was determined that there is no feasible physical solution to prevent the four properties from repetitive flooding; and the only way to prevent future property damage is to acquire and remove the homes. Staff has been working with the property owners who have experienced repetitive flooding to resolve this issue for several years. In 2016, the property owners of 9450 Olympia Street worked with staff to participate in a voluntary acquisition of their home. Staff has been working with the other three affected property owners to voluntarily acquire these properties. The land acquired will become a permanent public open space. Staff is also looking into establishing a water quality treatment facility on these properties. This facility would treat storm water before it is discharged into Medicine Lake, which is considered an impaired water by the Minnesota Department of Natural Resources (MN DNR). Staff has discussed utilizing the Flood Damage Reduction Grant Assistance Program with the MN DNR. This Program aids local governments with funding to acquire at risk properties. The DNR will be contributing $200,000 for the acquisition and demolition of the properties. The City will be contributing $500,000 from its Capital Improvement Program Storm Sewer SS-34 (Page 89). The funding from the DNR and the City’s contribution will adequately fund this project. The next step in the grant application process, is for the City to adopt a Resolution specifying that it will complete the project if the state funding is inadequate. Attachments •Resolution Authorizing Execution of a Flood Managed Reduction Assistance Grant Agreement (2 pages) •Map location - Property to be acquired (1 page) Recommended Action Motion to adopt Resolution authorizing execution of a Flood Damage Reduction Assistance Grant Agreement. Resolution 17-32 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A FLOOD DAMAGE REDUCTION ASSISTANCE GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES BE IT RESOLVED that the City of Golden Valley, hereinafter referred to as the “Applicant” act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program Application to be submitted on June 21, 2017, and that the Director of the Physical Development Department is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, administrative, and managerial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has the financial capability to provide any required matching funds. BE IT FURTHER RESOLVED that the source of Applicant’s matching funds shall not include other State funds. BE IT FURTHER RESOLVED that the Applicant hereby pledges to complete the project or phase if it exceeds the total funding provided by the Department of Natural Resources and any required local match. BE IT FURTHER RESOLVED that the Applicant has not incurred any costs and has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant may enter into an agreement with the State of Minnesota for the above referenced project and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE BE IT RESOLVED that the City Council for the City of Golden Valley authorizes the Physical Development Director to execute such agreements as are necessary to implement the project on behalf of the applicant. Resolution No. 17-32 -2-June 20, 2017 I CERTIFY THAT the above resolution was adopted by the Golden Valley City Council on June 20, 2017. _____________________________ 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. i I .et r Vi: JAIjJ. CPJ� SS" �,. I t s T �i G7 '� Y fi - cu r ]aLowr, lipw LL h " (u •� u -,. a ':-w -a--t ,. r,'J"sn' .tea °a ��C' " imm -4 F`ti O a T N r O N Ch 00 C Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. H. Authorize Purchase of Property at 1601 Independence Avenue North Prepared By Jeff Oliver P.E., City Engineer Tom Hoffman, Water Resources Technician Summary The City has been working with the Minnesota Department of Natural Resources (MN DNR) to voluntarily acquire properties that are subject to repeated flood damage in the Lakeview Park area of the City. The property at 1601 Independence Avenue North is one of four properties subject to repeat flooding that cannot be resolved due to site conditions. The acquisition and removal of the homes has been determined to be the only feasible option to eliminate the risk of repetitive flood damage. The first of the four homes, located at 9450 Olympia Street, was purchased and demolished in 2016 utilizing MN DNR Flood Damage Reduction Grants funding. The City retained Patchin, Messner, Dodd & Brumm to prepare an appraisal report for the property to determine the fair market value of the home. An offer to purchase the home for $222,000 was accepted by the owners who have signed an offer letter (attached) agreeing to sell the home to the City. Attached is a resolution authorizing the City Manager to purchase the property at 1601 Independence Avenue North for $222,000. Funding for this project is part of the City of Golden Valley’s Capital Improvement Program (SS-34) includes $500,000 for the mitigation of flood prone properties. Additionally, the MN DNR is contributing $272,481.37 for the acquisition of the three remaining flood prone properties. The combined funding of the CIP and MN DNR grant is adequate to complete the purchase and removal of this home and the two remaining properties. Attachments •Offer Letter (1 page) •Resolution Authorizing the Purchase of 1601 Independence Avenue North (2 pages) Recommendation Motion to adopt Resolution authorizing the Purchase of 1601 Independence Avenue North for $222,000. C1Q0f"� deN golden VF VIII-NA,-1 May 25, 2017 J 7800 Golden Valley Road Golden Valley,MN 55427 Barbara & Marion Welch 1601 Independence Avenue North Golden Valley, MN 55427 Dear Mr. and Mrs. Welch: The purpose of this letter is to set forth some of the basic terms and conditions of the proposed purchase by the City of Golden Valley of certain real estate owned by you (the seller). The terms set forth in this letter will not become binding until a more detailed "Purchase Agreement" is negotiated and signed by the parties. Description of Property- Lot 8 Block 13 Lake View Heights. 1601 Independence Avenue North, Golden Valley, MN 55427 And is described in Exhibit A Price- Patchin Messner Dodd & Brumm completed a market value appraisal for 1601 Independence Avenue North dated April 7, 2017. The final market value for the property was appraised at $222,000.00. Based on this valuation, the City of Golden Valley is offering $222,000.00 for the purchase of the property. If you have any questions regarding this offer, please contact Jeff Oliver, PE., City Engineer at 763-593-8034. If there are no questions and you accept the offer, please sign and date three copies of this offer letter and return them to the City of Golden Valley. Once the signed copies are returned, the City will provide you with a purchase agreement for your review. Sincerely, Signatures: Jeff Oliver, PE Barbara J. Weich Date City Engineer Marion A. Welch Date 763-593-8000 W:763-593-8109 _QTY 763-593-3968 www.goidenvalleymn.gov G:IPROJECTSIOIympia St Flood Reduction(16-14)11601 IndependencelOffer Letter.docx Resolution 17-33 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OF CERTAIN REAL PROPERTY FOR FLOOD DAMAGE REDUCTION ASSISTANCE GRANT PROJECT WHEREAS, the property at 1601 Independence Avenue North experiences repetitive flood damage from excess storm water runoff from adjacent neighborhoods; and WHEREAS, it is proposed to acquire repetitive flood damaged properties in Golden Valley in cooperation with the Minnesota Department of Natural Resources-Waters (MN DNR); and WHEREAS, the City Council has authorized an agreement with MN DNR for the proposed project including the acquisition of the property necessary for the project; and WHEREAS, it is necessary, desirable, and in the public interest to acquire real property set out in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that: 1. It is necessary, desirable and in the public interest to acquire the real property described in Exhibit A, attached hereto, to eliminate repetitive flood damage and for permanent public open space; and 2. City staff and City Attorney, or such other persons as necessary, are hereby authorized and directed to take all necessary steps and execute all necessary documents to acquire such real property and temporary construction easements; and 3. The acquisition of such real property and easements is necessary and desirable and constitutes a proper and necessary purpose. ____________________________ 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. Exhibit A 1601 Independence Avenue North PID: 30-118-21-32-0102 Municipality: Golden Valley Addition: Lakeview Heights Lot: 008 Block: 013 Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. I. Authorize Purchase of Property at 1605 Independence Avenue North Prepared By Jeff Oliver P.E., City Engineer Tom Hoffman, Water Resources Technician Summary The City has been working with the Minnesota Department of Natural Resources (MN DNR) to voluntarily acquiring properties that are subject to repeated flood damage in the Lakeview Park area of the City. The property at 1605 Independence Avenue North is one of four properties subject to repeat flooding that cannot be resolved due to site conditions. The acquisition and removal of the homes has been determined to be the only feasible option to eliminate the risk of repetitive flood damage. The first of the four homes, located at 9450 Olympia Street, was purchased and demolished in 2016 utilizing MN DNR Flood Damage Reduction Grants funding. The City retained Patchin, Messner, Dodd & Brumm to prepare an appraisal report for the property to determine the fair market value of the home. An offer to purchase the home for $235,000 was accepted by the owners who have signed an offer letter (attached) agreeing to sell the home to the City. Attached is a resolution authorizing the City Manager to purchase the property at 1605 Independence Avenue North for $235,000. Funding for this project is part of the City of Golden Valley’s Capital Improvement Program (SS-34) includes $500,000 for the mitigation of flood prone properties. Additionally the MN DNR is also contributing $272,481.37 for the acquisition of the three remaining flood prone properties. The combined funding of the CIP and MN DNR grant is adequate to complete the purchase and removal of this home, and the two remaining properties. Attachments •Offer Letter (1 page) •Resolution Authorizing the Purchase of 1605 Independence Avenue North (2 pages) Recommendation Motion to adopt Resolution Authorizing the Purchase of 1605 Independence Avenue North for $235,000. City 0f olden June 6, 2017 Va11e J 7800 Golden Valley Road Golden Valley,MN 55427 Bradley W Veltkamp 1605 Independence Avenue North Golden Valley, MN 55427 Dear Mr. Veltkamp: The purpose of this letter is to set forth some of the basic terms and conditions of the proposed purchase by the City of Golden Valley of certain real estate owned by you (the seller). The terms set forth in this letter will not become binding until a more detailed "Purchase Agreement" is negotiated and signed by the parties. Description of Property- Lot 7 Block 13 Lake View Heights. 1605 Independence Avenue North, Golden Valley, MN 55427 And is described in Exhibit A Price- Patchin Messner Dodd & Brumm completed a market value appraisal for 1601 Independence Avenue North dated April 7, 2017. The final market value for the property was appraised at $235,000.00. Based on this valuation, the City of Golden Valley is offering $235,000.00 for the purchase of the property. If you have any questions regarding this offer, please contact Jeff Oliver, PE., City Engineer at 763-593-8034. If there are no questions and you accept the offer, please sign and date three copies of this offer letter and return them to the City of Golden Valley. Once the signed copies are returned, the City will provide you with a purchase agreement for your review. Sincerely, Signatures: Jeff Oliver, PE CA Veltk mp Date City Engineer 763-593-8000 Fax 763-593-8109 rry 763-593-3968 vrww.goldenvalleymn.gov G:IPROJECTSIOIvmniaStFinnn+ivA.4,,..r,.,.,�,a_,e�„cn�,_�__ .___ Resolution 17-34 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OF CERTAIN REAL PROPERTY FOR FLOOD DAMAGE REDUCTION ASSISTANCE GRANT PROJECT WHEREAS, the property at 1605 Independence Avenue North experiences repetitive flood damage from excess storm water runoff from adjacent neighborhoods; and WHEREAS, it is proposed to acquire repetitive flood damaged properties in Golden Valley in cooperation with the Minnesota Department of Natural Resources-Waters (MN DNR); and WHEREAS, the City Council has authorized an agreement with MN DNR for the proposed project including the acquisition of the property necessary for the project; and WHEREAS, it is necessary, desirable, and in the public interest to acquire real property set out in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that: 1. It is necessary, desirable and in the public interest to acquire the real property described in Exhibit A, attached hereto, to eliminate repetitive flood damage and for permanent public open space; and 2. City staff and City Attorney, or such other persons as necessary, are hereby authorized and directed to take all necessary steps and execute all necessary documents to acquire such real property and temporary construction easements; and 3. The acquisition of such real property and easements is necessary and desirable and constitutes a proper and necessary purpose. _____________________________ 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. Exhibit A 1605 Independence Avenue North PID: 30-118-21-32-0101 Municipality: Golden Valley Addition: Lakeview Heights Lot: 007 Block: 013 Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. J. Authorization to Sign School Resource Officer Service Agreement with Independent School District 281 Prepared By Jason J. Sturgis, Chief of Police Summary Independent School District 281 and the Police Department desire to participate in providing specialized security services at the facility located at 2400 Sandburg Lane. A school resource officer program is needed to improve understanding and promote mutual respect between police, school, staff, counselors, parents and students. An agreement has been drafted, stating the City will provide the services of one full-time police officer and related support services and supplies for the term of July 1, 2017 through June 30, 2018. The related costs for these services will be billed to School District 281 in an amount not to exceed $66,036, depending on the number of student school days covered. All training, supervision and records will be the responsibility of the City. Attachments •School Resource Officer Services Agreement for District #281 (3 pages) Recommended Action Motion to authorize the City Manager and Mayor to sign the School Resource Officer Service Agreement with Independent School District 281. 1 C 11011101 W 010111810 1 1; M 1 oil 0 so I wo I wall1 1 om THIS AGREEMENT made this day of 1 st day of July, 2017 by and between the INDEPENDENT SCHOOL DISTRICT 281, a school district, (hereinafter "School District99) and the CITY OF GOLDEN VALLEY, a public corporation and political subdivision of the State of Minnesota, (hereinafter "City") 1. The City and the School District desire to deter and prevent crime and violence within Sandburg Learning Center in the City of Golden Valley by engaging in the services of a school resource officer ("Program"). 2. The Safe Schools Levy provides monetary funds to school districts to hire school resource officers to address violence, crime and safety related issues within schools. 3. To that end, the City and the School District desire to collaboratively provide safe school services. NOW, THEREFORE, the City and the School District agree as follows: Terms TERM OF AGREEMENT AND TERMINATION. 4.1 The Term of this Agreement shall be for a twelve month period from July 1, 2017 to June 30, 2018. 4.2 Either Party may terminate this agreement upon a sixty (60) day written notice to the other of such termination. In the event of a termination, any payments due shall be prorated. 5. LEVY. The School District will levy the maximum amount permitted by law to the property tax payers in the Robbinsdale School District to help fund the school resource officer position(s). 6. PROGRAM FUNDING. By May 1 of each year the School District will meet with the Chief Law Enforcement Officers of each community providing liaison services to the School District to allocate available funds to support the cost for the officers for the next school year. The City will invoice the School District for the first half of the payment on January 1 and for the second half of the payment on June 30. The funding provided for the 2017-2018 school year will be $66,036 per FTE. SCHOOL SERVED. The Sandburg Learning Center at 2400 Sandburg Lane, Golden Valley, MN will receive school resource officer services under this Agreement. 8. OFFICER SELECTIONS. The City will, depending on staffing levels, employ or assign, in accordance with all applicable state laws, the police officers that will participate in or serve as employees in the School Resource Officer program. The City will employ or assign one (1.0) FTE officer to serve as school resource officer during the regular school year (170 student days) covered by the terin of this agreement and payment of $66,036 for Sandburg Learning Center pursuant to paragraph 6 of this Agreement. The number of police officers serving in the school resource officer position at Sandburg Learning Center may be modified upon the written agreement of the City and the School District. 9. OFFICER COMPENSATION. The City will be responsible for all payments regarding compensation, benefits, pension plans and withholdings for the officers serving in the school resource officer capacity. 10. DUTIES OF THE OFFICER. The list of duties and work schedule of the school resource officer(s) shall be developed and agreed upon by the City and the School District. The School Resource Officer position is a designated "school official" with regard to the Family Educational Rights and Privacy Act while under contract and providing School Resource Officer services to the School District. The law enforcement services provided to the School District will be at the sole discretion of the City. Officer standards of perfonnance, conduct and discipline of the officer, performance reviews and other internal matters related to enforcement services shall be under the authority of the City. The School District shall provide the City with a written appraisal of the services rendered by the school resource officer at the end of each contract term. The School District shall immediately notify the City in writing of any performance deficiencies or inappropriate conduct of the liaison. All disciplinary action shall be under the authority of the City. Time spent in excess of eight (8) hours will be on a specific, case-by-case basis and requiring the advance approval of the City and the School District. 11. ADDITIONAL OFFICER DUTIES. The school resource officer will respond to emergency calls, attend police training, and any other special duties as assigned by the City while fulfilling the school resource officer requirements under this Agreement. 12. OFFICER SUPPLIES AND EQUIPMENT. The City shall provide any required clothing, uniforms and vehicles, necessary to perform required duties as outlined pursuant to section 10 of this Agreement. 13. INDEMNIFICATION. Except for claims arising out of the willful acts of malfeasance in office, willful neglect of duty or bad faith of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses, and liabilities incurred, including reasonable attorney fees, related to claims for loss of life, personal injury, and/or damage to property arising out of any occurrence in upon or at Sandburg Learning Center in accordance with the execution of the school resource officer duties under this Agreement. Neither party waives any defenses or immunities available under Minnesota Statutes Chapter 466. 1. NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified postage prepaid and addressed as follows: If to the City: Attn: Police Chief, Golden Valley Police Department, 7800 Golden Valley Road, Golden Valley, MN 55427; If so to the School District, Attn: Executive Director of Business Services, Business Office, 4148 Winnetka Avenue N., New Hope, MN 55427. 15. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties. IN WITNESS WHEREOF, the City of Golden Valley and the Independent School District #281 have caused this Agreement to be executed by their respective duly authorized officers. CITY OF GOLDEN VALLEY By Mayor By City Manager Date INDEPENDENT SCHOOL DISTRICT 281 By Board Chair By Superintendent Date Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. K. Approval of Amended Public Purpose Expenditure Policy Prepared By Tim Cruikshank, City Manager Summary The City’s Public Purpose Expenditure Policy was originally put into effect on December 21, 2004 and revised on October 16, 2016. New amendments to the policy are being proposed and are underlined in the attached policy. Attachments •Resolution Adopting Amended Public Purpose Expenditure Policy (6 pages) Recommended Action Motion to adopt Resolution Adopting Amended Public Purpose Expenditure Policy. Resolution 17-35 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDED PUBLIC PURPOSE EXPENDITURE POLICY WHEREAS, the City expenditures are made in accordance with explicit or implied authority as established in Minnesota State Statutes and as authorized by the City Council through the adoption of the City of Golden Valley’s annual budget; and WHEREAS, the City Council believes the benefits of attracting, retaining and motivating employees through programs that supports employee job satisfaction result in excellence in customer service and thereby serves the interests of the citizens and customers of the City of Golden Valley; and WHEREAS, the City Council recognizes the dedication and service performed by the employees and volunteers of the City of Golden Valley; and WHEREAS, the City Council adopted Resolution 04-87 on December 21, 2004 and amended in Resolution 16-65 on October 18, 2016, and staff is suggesting revisions to the policy pertaining to the City on-boarding experience, and special events that promote the City; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby adopts the Amended Public Purpose Expenditure Policy which formalizes the recognition of its volunteers and employees as set forth in Exhibit A. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 17-35 -2- June 20, 2017 Exhibit A Policy The City of Golden Valley requires that all expenditures be valid based upon the public purpose for which it is purchased and the specific or implied authority for the expenditure found in Minnesota State Statutes and as authorized as part of the City of Golden Valley’s annual budget. Employee Recognition Program The Golden Valley City Council recognizes the hard work and service performed by employees of the City of Golden Valley through a recognition program. The City Council believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program supports employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. The Employee Recognition Program is considered “additional compensation” for work performed by employees and is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement and/or the City of Golden Valley Employee Handbook. The Program will include: 1. New employees with the status of full-time/regular or part-time/regular will receive a City of Golden Valley pin and a Valley Values coffee mug with a welcome letter and mini chocolates (de minimis value). 2. Employees reaching 5, 10, 15, 20, 25, 30, 35 & 40 years of service will receive a certificate thanking them for their dedicated years of service to the Community. In addition to the certificate the employee shall receive the following: 5 years of service:$ 25 service award 10 years of service:$ 50 service award 15 years of service:$ 75 service award 20 years of service:$100 service award 25 years of service:$200 service award 30 years of service:$300 service award 35 years of service:$400 service award 40 years of service:$500 service award Employee service awards will be given only after the employee’s anniversary date has passed. In accordance with IRS regulations, service awards are considered compensation and must be reported as income on the employee’s W-2. Resolution 17-35 -3- June 20, 2017 3. Annually, the City will sponsor Employee Appreciation events at which employees reaching the above service anniversary milestones will be recognized. The City Manager and Department Heads may also recognize City, departmental and individual accomplishments at these events. Members of the City Council will be invited to attend. 4. The City supports other events that are planned and paid for by employees. Examples of such events include outings such as employee golf and bowling events. The cost of the Employee Recognition Program will be included as a separate line item in the City of Golden Valley City Manager Department Budget. This line-item will be adopted annually by the City Council as part of the overall budget approval process which includes a public hearing on the proposed budget. Employee Committee A committee representing various City departments may be formed to plan the Employee Appreciation Events. Representatives may be appointed by the City Manager or Department Heads and shall serve one year terms. Permanent committee members will include the Finance Director and Human Resources. The committee may also plan additional employee-paid events at their discretion. Resignations The City may sponsor refreshments (up to $50) for employees who have completed probation and resign in good standing. Retirements Employees who are eligible to: A) Receive a retirement annuity from a Minnesota Public Pension Plan, other than a Paid, On-call Firefighter plan; or B) Receive a disability benefit from a Minnesota Public Pension Plan, other than a Paid, On-call, Firefighter plan; Employees having met criteria A or B, above, are eligible to receive the following retirement check amounts: •10 - 14 years of service $300 and an award of the employee’s selection from City provided options, up to a value of $50 •15 - 20 years of service $400 and an award of the employee’s selection from City provided options, up to a value of $100 •21+ years of service $500 and an award of the employee’s selection from City provided options, up to a value of $150 Employee retirement check amounts will be given only after the employee’s retirement from the City. In accordance with IRS regulations, retirement check amounts are considered compensation and must be reported as income on the employee’s W-2. Resolution 17-35 -4- June 20, 2017 All employees that have met either criteria A or B, above, will receive a personalized City of Golden Valley street sign. The City may sponsor refreshments (up to $125) for retiring employees. Any additional retirement food or activities will be employee-paid. Meeting Food/Meals The City Council recognizes that situations in which City business needs to be discussed can and do occur during meal hours (i.e. luncheon or dinner meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may add to the success of the meeting and/or event and create a more productive work force. The following items are deemed to meet the Council definition of public purpose expenditures in regards to food and meals: •Food and refreshments are allowed at City meetings and events that have a purpose of discussing City business. These meetings would normally have a pre-planned agenda. •Food and refreshments are allowed at employee meetings and events that have a purpose of discussing City business or are a part of an employee training. These meetings would also normally have a pre-planned agenda. This does not include routine staff meetings and regular training activities held at the employee’s regular worksite and which provide time for the employee to take their regular breaks. •Food and refreshments are allowed when they are part of a breakfast/lunch/dinner meeting for official City business when it is the only practical time to meet. Usually these meals involve official meetings with the City Council, Council committees, Boards/Commissions, Committees, taskforces, or local business/fraternal organizations. •Authorized travel expenses for employees are outlined in the City of Golden Valley Employee Handbook. Meals that are included as part of the registration cost for any workshop/training/seminar/conference will not be reimbursed. The cost of travel expenses is included in the departments’ travel/conferences line-item in the City of Golden Valley Budget. No purchase or reimbursement of alcoholic beverages is allowed. Membership and Dues The City Council has determined that the City will fund memberships and dues in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve or develop the City’s resources and advantages and not for personal interest or gain. The cost of memberships/dues is included in the departments’ memberships/dues line-item in the City of Golden Valley Budget. These line-items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. Resolution 17-35 -5- June 20, 2017 Recognition of Commissioners Newly appointed Commissioners will receive a City of Golden Valley pin, and a Valley Values coffee mug. Individuals who leave after multiple terms of service as a member of a standing Commission, Board or Committee shall receive: 5 - 8 years of service - small inscribed award 9 - 17 years of service - medium inscribed award 18 + years of service - large inscribed award The award will be distributed at the Board/Commission Recognition Dinner. However, under special circumstances, the service anniversary milestones may be noted at a Council Meeting or a Board/Commission meeting. Annually, the City will sponsor a Board/Commission Recognition Dinner at which Commission, Board and Committee members and one guest per member are invited to attend. Also, members of task forces or other special boards may be invited to attend the Board/Commission Recognition Dinner, along with their one guest per member. Recognition of Council Members Newly appointed Council Members will receive a City of Golden Valley pin, and a Valley Values coffee mug. Individuals who leave after serving as a Council Member shall receive a large engraved award. Council Members will also receive a personalized City of Golden Valley street sign. Upon completion of service as Mayor and/or Housing and Redevelopment Chair, the City will provide an inscribed gavel plaque. The City will sponsor refreshments for the Mayor and/or Council Members at the swearing in/first seating of the Council and as these members leave office. The City may also sponsor additional food for Council Members and/or the Mayor, under special circumstances as authorized by the City Manager. All items within this Policy are line-items subject to approval annually by the City Council as part of the overall budget adoption process which includes a public hearing on the proposed budget. *The terms City Council Members, Council Members, and Council applies to the Mayor and Council Members collectively. Special Events Expenditures are allowed for special events and/or activities that promote and/or enhance the public relations of the City. Examples include, but are not limited to: Human Services Fund Golf and Lawn Bowling Classic, annual TwinWest Chamber Golf Event and any Convention and Visitors Bureau (CVB) events. Expenditures for meals and participation fees are allowed. City Council and City employee participation will be at the discretion of the City Manager with consideration given to any staff person who is in good standing. Employees are expected to act as ambassadors for the City and consumption of alcohol is not allowed as the City Representative will be on City time. City elected officials may not Resolution 17-35 -6- June 20, 2017 use special events, when the City is paying for their participation, for political/campaign purposes. Such expenditures will be approved by the City Council as Public Relations Expenditures pursuant to Minnesota Statutes §469.101, Subd. 16. Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. L. Receipt of May 2017 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: ∼General Fund Operations ∼Conservation/Recycling Fund (Enterprise Fund) ∼Water and Sewer Utility Fund (Enterprise Fund) ∼Brookview Golf Course (Enterprise Fund) ∼Motor Vehicle Licensing (Enterprise Fund) ∼Storm Utility Fund (Enterprise Fund) ∼Equipment Replacement Fund (Capital Projects Fund) ∼Brookview Commons (Special Revenue Fund) General Fund Operations: As of May 2017, the City is using $3,755,022 of fund balance to balance the General Fund Budget. Attachments •May 2017 General Fund Financial Reports (2 pages) •May 2017 Conservation/Recycling Fund (1 page) •May 2017 Water and Sewer Utility Fund (1 page) •May 2017 Brookview Golf Course (1 page) •May 2017 Motor Vehicle Licensing (1 page) •May 2017 Storm Utility Fund (1 page) •May 2017 Equipment Replacement Fund (1 page) •May 2017 Brookview Commons Fund (1 page) Recommended Action Motion to receive and file the May 2017 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Expenditures May, 2017(unaudited) Over % 2017 May YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. 00i Council $359,710 25,189 134,897 ($224,813) 37.50% 003 City Manager 816,815 50,462 281,852 (534,963) 34.51% 004 Transfers Out 850,000 0 0 (850,000) 0.00% (1) 005 Admin. Services 1,869,145 143,981 655,686 (1,213,459) 35.08% 006 Legal 155,000 17,860 40,799 (114,201) 26.32% (2) 007 Risk Management 305,000 0 118,896 (186,104) 38.98% oil General Gov't. Bldgs. 583,635 43,234 191,369 (392,266) 32.79% 016 Planning 362,450 23,456 133,150 (229,300) 36.74% 018 Inspections 791,310 54,518 270,680 (520,630) 34.21% 022 Police 5,885,265 401,082 2,209,262 (3,676,003) 37.54% 023 Fire 1,336,825 90,493 502,526 (834,299) 37.59% 035 Physical Dev Admin 304,310 24,028 117,820 (186,490) 38.72% 036 Engineering 803,380 53,357 258,052 (545,328) 32.12% 037 Streets 1,609,730 92,905 481,524 (1,128,206) 29.91% 066 Park&Rec.Admin. 719,970 56,318 290,241 (429,729) 40.31% 067 Park Maintenance 1,170,340 103,082 450,953 (719,387) 38.53% 068 Recreation Programs 418,845 39,558 125,749 (293,096) 30.02% TOTAL Expenditures $18,341,730 $1,219,523 $6,263,456 ($12,078,274) 34.15% (1)This transfer will be made in June, 2017. (2)Legal services are billed thru April. City of Golden Valley Monthly Budget Report-General Fund Revenues May 2017(unaudited) Percentage Of Year Completed 42.00% Over % 2017 May YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $14,814,685 0 8,911 ($14,805,774) 0.06% (1) Licenses 217,365 82,075 195,859 ($21,506) 90.11% Permits 902,475 164,779 1,452,549 $550,074 160.95% Federal Grants 0 6,211 6,211 $6,211 State Aid 268,380 0 22,730 ($245,650) 8.47% (2) Charges For Services: General Government 19,000 2,102 29,744 $10,744 156.55% Public Safety 154,175 19,163 66,747 ($87,428) 43.29% Public Works 150,800 18,357 62,614 ($88,186) 41.52% Park&Rec 385,350 55,418 131,392 ($253,958) 34.10% Other Funds 791,500 72,498 293,673 ($497,827) 37.10% Fines& Forfeitures 300,000 16,661 142,397 ($157,603) 47.47% (3) Interest On Investments 75,000 0 0 ($75,000) 0.00% (4) Miscellaneous Revenue 233,000 16,614 83,107 ($149,893) 35.67% Transfers In 30,000 2,500 12,500 ($17,500) 41.67% (5) TOTAL Revenue $18,341,730 $456,378 $2,508,434 ($15,833,296) 13.68% Notes: (1) Payments are received in July, December, and January(delinquencies). (2) Police Training will be paid in August. Safe and Sober is billed on time spent. (3) Fines/Forfeitures are thru for April 2017. (4) Investment income is allocated at year end. (5)Transfers are monthly. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund May 2017 (unaudited) Over 2017 May YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 61,230 0 0 (61,230) 0.00% Recycling Charges 382,520 34,085 131,495 (251,025) 34.38% (2) Miscellaneous Revenues 8,000 0 0 (8,000) Interest on Investments 4,000 0 0 (4,000) 0.00% (1) Total Revenue 455,750 34,085 131,495 (324,255) 28.85% Expenses: Recycling 466,795 92,804 167,442 (299,353) 35.87% (3) Total Expenses 466,795 92,804 167,442 (299,353) 35.87% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru May 2017. (3) Republic Services are billed thru April. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund May,2017(unaudited) Over 2017 May YTD (Under) Budget Actual Actual Budget Current Revenue Water Charges 4,432,200 338,407 1,325,085 (3,107,115) 29.90% Emergency Water Supply 183,600 15,890 64,468 (119,132) 35.11% Sewer Charges 3,410,000 317,421 1,236,890 (2,173,110) 36.27% Meter Sales 8,000 6,498 9,038 1,038 112.98% Penalties 110,000 28,187 73,006 (36,994) 66.37% Charges for Other Services 90,000 5,934 36,162 (53,838) 40.180 State Water Testing Fee Pass Through 45,500 4,059 15,637 (29,863) 34.37% Sale of Assets 10,000 0 29,858 19,858 298.58% Franchise Fees 400,000 0 0 (400,000) 0.00% Certificate of Compliance 75,000 7,550 30,475 (44,525) 40.63% Interest Earnings 15,000 0 0 (15,000) 0.00% Total Revenue 8,779,300 723,946 2,820,619 (5,958,681) 32.13% Expenses: Utility Administration 2,279,610 178,923 532,266 (1,747,344) 23.35% Sewer Maintenance 2,809,045 209,159 1,222,935 (1,586,110) 43.54% Water Maintenance 4,772,390 241,185 1,384,430 (3,387,960) 29.01% Total Expenses 9,861,045 629,267 3,139,631 (6,721,414) 31.84% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund May,2017(unaudited)opened March 31 Over 2017 May YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 852,460 130,616 208,361 (644,099) 24.44% Driving Range Fees 151,955 30,820 54,302 (97,653) 35.74% Par 3 Fees 165,000 23,391 34,624 (130,376) 20.98% Lawn Bowling 45,000 3,768 3,768 (41,232) 8.37% Pro Shop Sales 90,000 9,984 11,312 (78,688) 12.57% Pro Shop Rentals 285,000 26,662 60,157 (224,843) 21.11% Concession Sales 415,000 58,330 99,145 (315,855) 23.89% Other Revenue 80,150 28,907 74,577 (5,573) 93.05% Interest Earnings 5,000 0 0 (5,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (46,000) (647) (1,632) 44,368 3.55% Total Revenue 2,043,565 311,831 544,614 (1,498,951) 26.65% Expenses: Golf Operations 715,020 70,426 277,505 (437,515) 38.81% (2) Course Maintenance 1,020,780 102,118 444,747 (576,033) 43.57% Pro Shop 125,220 12,704 64,790 (60,430) 51.74% Grill 307,840 54,310 106,566 (201,274) 34.62% Driving Range 59,695 12,707 22,880 (36,815) 38.33% Par 3 Course 24,995 3,090 4,005 (20,990) 16.02% Lawn Bowling 21,245 3,222 3,745 (17,500) 17.63% Total Expenses 2,274,795 258,577 924,238 (1,350,557) 40.63% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund May 2017(unaudited) Over 2017 May YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Charges for Services 423,165 47,203 210,204 (212,961) 49.67% Total Revenue 425,165 47,203 210,204 (214,961) 49.44% Expenses: Motor Vehicle Licensing 424,720 29,512 159,136 (265,584) 37.47% Total Expenses 424,720 29,512 159,136 (265,584) 37.47% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund May, 2017(unaudited) Over 2017 May YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000) 0.00% (1) Interest Earnings-Other 0 0 1,118 1,118 Storm Sewer Charges 2,375,000 197,604 900,823 (1,474,177) 37.93% Bassett Creek Watershed 0 0 0 0 Miscellaneous Receipts 207,775 0 17,800 (189,975) State Grant-Other 0 0 0 0 Total Revenue 2,632,775 197,604 919,741 (1,713,034) 34.93% Expenses: Storm Utility 3,527,930 667,834 1,235,709 (2,292,221) 35.03% (2) Street Cleaning 128,000 3,924 35,026 (92,974) 27.36% Environmental Control 317,565 45,907 125,111 (192,454) 39.40% Debt Service Payments 0 0 0 0 0.00% (3) Total Expenses 3,973,495 717,665 1,395,846 (2,577,649) 35.13% (1)Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3) Debt service payments will be reimbursed by TIF. 2017 Equipment Replacement Fund(CIP)-Fund 5700 2017 May YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 800,000 0 0 (800,000) Sale of Assets 35,000 0 19,000 (16,000) Miscellaneous 0 2,462 4,396 4,396 Interest Earnings(allocated at year end) 28,831 0 0 (28,831) Total Revenues 863,831 2,462 23,396 (840,435) Expenditures: Program# Project Number Project Name 5700 Bond Expenditures 0 0 0 0 5701 V&E-001 Marked Squad Cars(Police) 80,000 145,951 153,433 (73,433) (3) (1) 5702 V&E-002 Computers and Printers(Finance) 105,000 6,879 22,436 82,564 V&E-021 Vibratory Asphalt Roller(street) 45,000 0 0 45,000 V&E-026 Pickup Truck(Park) 40,000 0 0 40,000 5760 V&E-037 Aerial Ladder(Fire) 400,000 0 52,243 347,757 V&E-038 Streetscape Banners(Street) 25,000 0 0 25,000 V&E-070 Single Axle Dump Truck(Street) 225,000 0 0 225,000 V&E-073 Sidewalk Snowblower(Street) 110,000 0 0 110,000 V&E-083 Passenger Vehicle(Fire) 40,000 0 0 40,000 V&E-099 Asphalt Hot Box(Street) 45,000 0 0 45,000 V&E-108 Unmarked Police Vehicle(Police) 40,000 0 0 40,000 V&E-120 Field Line Painter 20,000 0 14,565 5,435 V&E-121 Tasers(Police) 16,000 0 0 16,000 V&E-126 Tack Sprayer(Street) 60,000 0 0 60,000 V&E-128 Utility Tractor(Park) 105,000 0 0 105,000 V&E-130 Rotary Mower(Park) 25,000 0 0 25,000 V&E-135 Body Cameras/Dash Cams/Software(Police) 220,000 0 0 220,000 (2) V&E-150 Asset Management Software 60,000 0 0 60,000 Total Expenditures 1,661,000 152,830 242,677 1,138,323 (1)Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2)In 2016,a transfer was made to the equipment replacement fund to purchase video dash cams and body cameras together. (3)Marked Squads include a replacement for a squad that was totaled in 2017. City of Golden Valley Monthly Budget Report-Brookview Commons Special Revenue Fund May 2017 (unaudited) Over 2017 May YTD (Under) % Budget Actual Actual Budget Current Revenue Brookview CC Rentals 20,000 (80) 2,021 (17,979) 10.11% Backyard Play Area 50,450 0 0 (50,450) 0.00% Miscellaneous Revenues 5,500 0 0 (5,500) 0.00% Interest on Investments 4,000 0 0 (4,000) 0.00% (1) Total Revenue 79,950 (80) 2,021 (77,929) 2.53% Expenses: General Area Rooms 167,715 1,674 10,194 (157,521) 6.08% (2) Indoor Play Area 54,875 0 325 (54,550) 0.59% (3) Banquet Facility 63,360 52 652 (62,708) 1.03% (3) Total Expenses 285,950 1,726 11,171 (274,779) 3.91% (1) Interest Earnings are allocated at year-end. (2)Staff Time/Supplies for Community Center Rental (3)Advertising costs for CVB brochure From: Hattie Bonds Sent: Thursday, June 15, 2017 12:09 am To: Nally, Judy This is Hattie and I think since my work schedule is changing I'm thinking I am not going to be able to make the meeting for a couple of months due to travel. I should resign from the commission since no audio conference calls are allowed. Let everyone know that I regret to have to leave the group. Thanks Executive Summary For Action Golden Valley Council Meeting June 20, 2017 Agenda Item 3. N. Authorizing Reporting Requirements for the Local Performance Measurement Program Prepared By Sue Virnig, Finance Director Summary In 2010, the Legislature created the Council on Local Results and Innovation. In 2011, the Council released a standard set of ten performance measures for cities that will aid residents, taxpayers, and state and local elected officials in providing services and measure residents’ opinions of those services. The City of Golden Valley did not participate early-on due to the cost of conducting a survey that was statically valid. In 2013 and 2016, the City hired The Morris Leatherman Company (formally Decision Resources) to conduct a survey and include questions to give us the information required for the program. By participating in the standard measures/performance measurement program, the City is eligible for reimbursement of $0.14 per capita or around $3,020. Attachments •Resolution Authorizing Reporting Requirements for the Local Performance Measurement Program (1 page) •Report on Performance Measures for 2016 (1 page) Recommended Action Motion to adopt Resolution authorizing Reporting Requirements for the Local Performance Measurement Program. Resolution 17-36 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPORTING REQUIREMENTS FOR THE LOCAL PERFORMANCE PROGRAM WHEREAS, in 2010, the Minnesota Legislature created a Council on Local Results and Innovation; and WHEREAS, benefits to the City are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; that participate in the program adopted by the Council on Local Results and Innovation; and WHEREAS, the participation in the program furthers the City of Golden Valley’s goals of improving service delivery and enhancing communication with residents; and WHEREAS, the City Council has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal outcomes; and NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Golden Valley, will report the results of the performance measures to its citizenry by the end of the year through posting on the city’s website and various city publications. BE IT FURTHER RESOLVED, the City Council of the City of Golden Valley will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. _____________________________ 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. 2016 Performance Measures Report General 1. Rating of the overall quality of services provided by your city Source: Citizen Survey, Question 28 2. Percent change in the taxable property market value 3. Citizens’ rating of the overall appearance of the city Source: Citizen Survey, Question 55 Police Services 4. Part I and II crime rates as reported by the Minnesota Bureau of Criminal Apprehension Output Measure: Police response time on top priority calls from dispatch to the first officer on scene: Fire Services 5. Citizens’ rating of the quality of fire protection services Source: Citizen Survey, Question 10 Output Measure: Fire response time from dispatch to apparatus on scene: Streets 6. Citizens’ rating of the road condition in their city Source: Citizen Survey, Question 25 7. Citizens’ rating the quality of snowplowing on city streets Source: Citizen Survey, Question 26 Water 8. Citizens’ rating of the dependability and quality of city water supply (centrally-provided system) Source: Citizen Survey, Questions 21-22 Output Measure: Operating cost per 1,000,000 gallons of water pumped/produced (centrally-provided system) (Actual operating expense for water utility/total gallons pumped/1,000,000) Sanitary Sewer 9. Citizens’ rating of the dependability and quality of city sanitary sewer service (centrally provided system) Source: Citizen Survey, Questions 23-24 Output Measure: Number of sewer blockages on city system per 100 connections (centrally provided system) (Number of sewer blockage on city system reported by sewer utility/ population/100) Parks and Recreation 10. Citizens’ rating of the quality of city recreational programs and facilities (parks, trails, park buildings) Source: Citizen Survey, Questions 14-15 Excellent Good Fair Poor DK/R 12%80%3%1%4% Excellent Good Fair Poor DK/R 18%79%3%1%0% 6.22% for 2015 payable year 2016 Part I Crimes Part II Crimes 503 571 3 minutes for 2016 Excellent Good Fair Poor DK/R 56%44%1%1%1% 6.36 minutes for 2016 Excellent Good Fair Poor DK/R 23%61%10%7%0% Excellent Good Fair Poor DK/R 34%64%2%2%0% Excellent Good Fair Poor DK/R 47%52%1%0%0% 40%60%0%0%0% $6,826.22 /1,000,000 gallons pumped Excellent Good Fair Poor DK/R 40%60%0%0%0% 0.01/100 connections   Excellent Good Fair Poor DK/R 41%52%0%0%7% 39%58%0%0%3%   Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 3. O. Human Rights Commission Appointment Prepared By Tim Cruikshank, City Manager Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to make the following appointment: Human Rights Commission Carrie Yeager 2 year term term expires - May, 2019 Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 4. A. MS4 General Permit, Storm Water Pollution Prevention Program, 2016 Annual Report to the Minnesota Pollution Control Agency Prepared By Jeff Oliver, PE, City Engineer Tom Hoffman, Water Resources Technician Summary As authorized by the Clean Water Act of 1972 and its amendments, the U.S. Environmental Protection Agency (EPA) oversees the National Pollutant Discharge Elimination System (NPDES) permit program which regulates point and non-point sources of pollution into our nation’s waterways. Point sources include pipes and ditches, and non-point sources include overland precipitation runoff. The Minnesota Pollution Control Agency (MPCA) manages the permit program for EPA in Minnesota. Cities like Golden Valley, which operate their own storm sewer systems, are required to obtain a Municipal Separate Storm Sewer System (MS4) General Permit from the MPCA. The permit allows Golden Valley to discharge stormwater into public receiving waters. It also requires that the City develop and implement a Storm Water Pollution Prevention Program (SWPPP) to reduce the contamination of stormwater runoff and prohibit illicit discharges. Golden Valley’s SWPPP addresses the six minimum control measures outlined in the MS4 permit requirements: 1.Public Education and Outreach 2.Public Involvement and Participation 3.Illicit Discharge, Detection, and Elimination 4.Construction Site Runoff Control 5.Post Construction Runoff Control 6.Pollution Prevention and Good Housekeeping The holding of an annual public meeting and preparation of an annual report are requirements of the MS4 permit. The meeting has been advertised for June 20, 2017, at 6:30 pm. The City must create a record of the public comments received, either written or oral. The public input must be considered and a record of decision must be added to the annual report to MPCA. Attachments •Resolution Issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention Program (1 page) Recommendation Motion to adopt Resolution issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention Program. Resolution 17-37 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PROGRAM WHEREAS, the City prepared and submitted to the Minnesota Pollution Control Agency (MPCA) its permit application for operation of the City’s Municipal Separate Storm Sewer System (MS4) on March 10, 2003; and WHEREAS, the permit requires that the City develop a plan for regulating and improving stormwater discharge commonly referred to as the Storm Water Pollution Prevention Program (SWPPP); and WHEREAS, staff has been working to meet the objectives set forth in the SWPPP and is required to report to the MPCA on the status of the plan’s implementation on an annual basis; and WHEREAS, the City has placed notification of a public hearing in the City’s official newspaper and has held a public hearing to report on progress made in implementation of the SWPPP and to take public testimony; and WHEREAS, comments made during the public hearing will be incorporated into the City Council record. NOW, THEREFORE, BE IT RESOLVED, the City of Golden Valley has determined that no revisions to the Storm Water Pollution Prevention Program are required and staff is hereby directed to file the annual report with the Minnesota Pollution Control Agency. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 4. B. Public Hearing - Amending Section 11.04 Temporary Uses regarding Mobile Food Vendors in Residential Zoning Districts Prepared By Emily Goellner, Associate Planner/Grant Writer Summary Several property owners have inquired with the City about the opportunity to host a mobile food vendor (commonly referred to as a food truck) at their residence for a special event such as a graduation party. When mobile food vendors were first allowed in the City in 2015, staff recommended that the City allow time for a trial period before allowing mobile food vendors in Residential Zoning Districts. The City has not received any complaints, so staff and the Planning Commission are recommending that mobile food vendors be allowed on residential properties. Recommended Changes for Mobile Food Vendors in Residential Districts: •Limited to 2 food truck permits in a 12 month period and no seasonal permits •8 hour time limit for each permit •Food sales must be limited to the private party and food sales to the general public are only permitted when a Special Event Permit is approved by the City •If a permit is revoked due to a violation, staff may prohibit the issuance of an additional permit for the vendor for up to 13 months (30 days for all other Zoning Districts) Recommended Changes for Mobile Food Vendors in all Zoning Districts: •Parking in the street permitted, but service window must face curbside •Minimum distance of 10 feet between any structure and the food truck and minimum distance of 5 feet between truck and side and rear yard property lines •The placement, duration, or any other applicable requirements may be superseded by the provisions of an approved Special Event Permit Attachments •Memo to Planning Commission dated April 12, 2017 (2 pages) •Planning Commission Minutes dated April 12, 2017 (4 pages) •Memo to Planning Commission dated May 22, 2017 (2 pages) •Planning Commission Minutes dated May 22, 2017 (6 pages) •Underlined/Overstruck Version of Section 11.04: Temporary Uses (3 pages) •Ordinance #622, Amending Chapter 11: Land Use Regulation (Zoning), Regarding Mobile Food Vendors (3 pages) •Summary of Ordinance #622 for publication (1 page) Recommended Action Motion to adopt Ordinance #622 amending Section 11.04 Temporary Uses regarding Mobile Food Vendors in Residential Zoning Districts. Motion to approve Summary of Ordinance #622 for Publication. Cit0 ` goldeni . 4. MEMORANDUM valley Physical Development Department 763-593-80951'763-593-8109(fax) Date: April 12, 2017 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Zoning Code Text Amendment—Allowing Mobile Food Vendors in Residential Zoning Districts Background In 2015,the City Council adopted policy to allow mobile food vendors, or more commonly known as food trucks, to operate in various parts of the city with a permit. Several property owners have inquired with the City about the opportunity to host a mobile food vendor at their residence for a special event such as a graduation party or wedding reception. When mobile food vendors were first allowed in the City in 2015, staff recommended that the City allow time for a trial period before allowing mobile food vendors in Residential Zoning Districts. This trial period allowed staff to assess and resolve any issues with the regulations. Since then, 46 permits have been issued. The City has not received any complaints, so the existing regulations can be utilized as they were originally written. Summary of Proposed Regulations for Mobile Food Vendors in Residential Districts: • Permit is granted on a per-day basis and costs$40/day • A permit can be granted for 1 day at a time; seasonal permits not allowed • Proof of Mobile Food License from the Hennepin County or State of Minnesota required • Liquor License is not included with the permit • Hours of operation limited to 8 am-10 pm • Activities on the property are subject to existing City noise ordinances • Vendor and property owner responsible for trash removal, clean-up, and any damages generated by operation • Vendor must park in driveway or other impervious surface, must not impede traffic flow or pedestrian walkways, and cannot park on grass or in the street • Vendors may not be located 200 feet (at its closest point) from the entrance or from the outdoor seating area of another food-serving establishment (with the exception of other mobile food vendors that have received a permit) • Vendors may not be located within 1,000 feet of schools while they are in session unless written permission is granted by the school principal • On multi-family residential properties, vendor cannot occupy parking spaces on the parking lot that are needed to meet the minimum parking requirement unless the property owner can demonstrate that the spaces are not needed during the vendor's hours of operation Recommendation Staff recommends amending section 11.04 of the Zoning Code allowing Mobile Food Vendors in Residential Zoning Districts. Attachments Underlined/Overstruck Version of Section 11.04:Temporary Events and Uses (3 pages) Regular Meeting of the Golden Valley Planning Commission April 12, 2017 egular meeting of the Planning C mission was held at the Golden V y City Hall, Co I Chambers, 7800 Golden Val y Road, Golden Valley, Minn a, on Wednesday, April 12, 17. Vice Chair Baker call the meeting to order at pm. Those present a Planning Commi ioners Baker, nker, Blum, Johnson, Kluchka, and Waldhauser. A resent were P anning M ger Jason Zimmerman, Associate Planner/Grant Writer E Goellner, nd A istrative Assistant Lisa Wittman. Commissioner Segelbaum wa bsen 1. Approval of Minutes March 27, 2017, Re ar Planni g Comm n Meeting Waldhauser referred the last senten in the third paragr on page one and asked that it be amende o read as follows: " aldhauser said she like at the resilience of the business com pity and the employm t opportunities it provides is ' luded under the sustainabili nd resilience umbrella." MOV by Johnson, seconded by Klu ka and motion carried 4 to 2 to approve the M. 27, 2017, minutes with the abov noted changes. Commissioners Baker and Blum stained from voting. 2. Informal Public Hearing —Zoning Code Text Amendment— Mobile Food Vending in Residential Zoning Districts —ZO00-112 Applicant: City of Golden Valley Purpose: To consider allowing mobile food vending in Residential Zoning Districts Goellner reminded the Commission that the City adopted an ordinance regarding mobile food vending in 2015, however it did not include Residential Zoning Districts at the time because the City wanted to have a trial period first. She explained that there have been some recent inquiries from residents who would like to have food trucks at their homes for parties, receptions, etc. and staff is proposing that mobile food vending be allowed in Residential Zoning Districts with a permit. Goellner discussed the proposed regulations for residential permits which include: allowing food trucks from 8 am to 10 pm, requiring a $40 per day fee, allowing one day permits only, prohibiting liquor sales, requiring trash removal, requiring a state or county food license, requiring that existing noise ordinance regulations be followed, allowing food trucks for private parties only, not for sales to the general public, requiring parking on an impervious surface/driveway, prohibiting overnight parking, and for multifamily buildings, a mobile food vendor cannot park in a way that creates a parking shortage. Minutes of the Golden Valley Planning Commission April 12, 2017 Page 2 Waldhauser asked why staff is recommending that food trucks not be allowed to park in the street. Goellner said staff is concerned about obstructing the street, causing lines to form in the street, and potentially obstructing traffic. Goellner said she thinks the City will receive more complaints if food trucks are allowed to park in the street. She added that if a food truck is parked in a driveway it sends a message that it is a private event and not open to the public. Kluchka referred to the requirements regarding overnight parking of commercial vehicles and asked about the definition of a commercial vehicle and the location of the commercial vehicle regulations. Zimmerman said there is a definition for commercial vehicles and it has to do with the weight, height, and length, etc. of the vehicle. Baker said he has seen other types of mobile uses and asked if those are allowed. Zimmerman said the City Code is silent on those types of uses in residential areas, but they could be addressed as other types of mobile uses in the future. Baker said he wants to be sure there are no loopholes created. Johnson questioned how the food trucks would enforce selling their food only to the applicant's guests, and not to the public. Goellner said it would be enforced on a complaint basis. Johnson suggested requiring food trucks to display a sign that says private party only. Blum asked if staff has considered parking restrictions around a food truck or requiring them to be a certain distance from other structures or items. Goellner said the biggest impact the City can have is making sure the food trucks themselves aren't parked in the street. She added that if a person has a party at their house now, they can take up all the parking on the street so the only thing the City can control is overnight parking. Zimmerman stated that staff would check with the Fire Department regarding any recommendations they may have regarding the distance between food trucks and homes or other structures. Baker opened the public hearing. Larry Kueny, 7303 Ridgeway Road, said the City has pushed the message of buying local and he questions how many restaurants in Golden Valley that have great catering will be hurt by this ordinance. He asked if City parks allow food trucks and if so, he suggested people have their parties there. He stated that if his neighbor had a food truck the only place they could park it would be 20 feet away from his house and he doesn't want to smell food cooking and hear noise all day long. He said this ordinance doesn't make any sense to him and said the City really needs to think this through. Hearing and seeing no one else wishing to comment. Baker closed the public hearing. Blum said the idea of requiring a private event sign to be posted on food trucks is a good idea because he doesn't think the food truck operators are going to turn away customers so the City needs to proactively put people on notice. Minutes of the Golden Valley Planning Commission April 12, 2017 Page 3 Waldhauser said allowing food trucks in residential areas is an alternative to hiring a caterer. She questioned if the food truck would be selling food to guests or if applicants would be paying for the food truck to give the food to their guests. Goellner said the applicants would be paying for the food truck and giving the food to their guests. Waldhauser said that would help with the concern of food trucks being private versus public. Baker referred Subdivision 2(A)(17) in the proposed ordinance and said "limiting sales" to the public might not be the right wording. Johnson suggested using the words "limiting service" instead. Blum stated that some food trucks might have a hybrid service where the applicant pays for some of the food and the guests supplement the rest so there may be some purchasing of food from the trucks occurring. Baker again referred Subdivision 2(A)(17) in the proposed ordinance and said he doesn't like the words "not intended" in regard to serving the general public because it doesn't seem strong enough. He questioned if there should be a requirement that neighbors be notified because if someone hates the idea maybe the applicant could plan their event elsewhere. Zimmerman stated that residents having parties now could be barbequing all day or running a generator for a bouncy house for several hours, so what is being proposed is not that far from what is already currently allowed. Waldhauser agreed and said the City can't legislate being neighborly and that people have to put up with inconveniences now and then. Kluchka suggested the language in Subdivision 2(A)(17) be amended to state that vending operations "will not" serve the general public. He said he likes the idea of requiring food trucks to be located a certain distance from other structures. He also suggested that food trucks in residential areas be required to have internal generators only and that they can only be a certain maximum width as measured from mirror to mirror. He said he would not say no to allowing parking on the street, but he would like to see a maximum operating time. He questioned if food trucks are allowed in the City parks. Goellner said yes. Kluchka said he would like to make it convenient for Brookview to serve food in their park. Blum stated that the proximity of food trucks to other structures is important because allowing a food truck right next to someone's living room is unsightly and he would like to mitigate that. He said that if the City finds it over-burdensome in the future they can reconsider the language and that he wants to encourage business in Golden Valley but not at the expense of residents. Waldhauser noted that allowing parking on the street would help with the concern about proximity to other structures because the food trucks would be further away from the house. Blum said he thinks there are other issues with parking in the street. Baker suggesting adding language to the ordinance that would require that the serving window be on the applicant's side of the property so people would not have to line up in the street. Waldhauser said she likes the idea of a time limit but she doesn't think vendors will stay longer than they have to and the ordinance has a 10 pm limit. Baker agreed and said those types of details would be in a contract. Minutes of the Golden Valley Planning Commission April 12, 2017 Page 4 Waldhauser questioned if language should be added in order to prevent someone from having a food truck every weekend. Goellner said it could be limited to once per year. Johnson referred to language in the proposed ordinance regarding the distance from schools and asked if the words "when school is in session" means the school day or the school year. Goellner said it refers to the school day and that the language is trying to prevent kids from leaving school to go to a food truck. Johnson said he thinks noise will be an issue and he agrees with the idea of requiring internal generators. He said he also agrees there should be a time limit of six or eight hours and he would prefer that food trucks park on driveways. Blenker said she agrees that an event would feel more private if the food truck is parked on the driveway. Waldhauser said she would like parking on the street to be an option. Baker agreed but with certain limitations because he doesn't want to cause parking issues for other neighbors. Kluchka reiterated that he would like to see an appropriate distance between houses and food trucks. Johnson referred to the comment that allowing food trucks could hurt local caterers which it could, but there are no current rules that require hiring local caterers. Baker suggested tabling this item to allow staff to address the concerns discussed. Kluchka noted that the proposed ordinance isn't clear about who the applicant must be. He asked that it be clarified to state that the property owner should be the applicant. Johnson asked about reaching out to the food truck association and asking them what they think. Zimmerman said staff did talk to them when this ordinance was first written. MOVED by Kluchka, seconded by Waldhauser and motion carried unanimously to table this item to a future meeting. --Short Recess-- Ts.% Reports on Meetings a the Housing and Redevelopment Authority, City Council, Board of Zon' g Appeals and other Meetings Baker state hat he has resig ed from the nity Advisory Committee for the light rail project. Zim erman state tha ards have been sent to all residents in the northeast corner o e Cit nd interested people to serve on that committee. Waldhauser repo on th rookview focus meeting she attended and said it was very interestin very well don chka said he also attended and agreed that it was well don Ci 0 . go1den1!V-. *' MEMORANDUM valley Physical Development Department 763-593-8095/763-593-8709(fax) Date: May 22, 2017 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Zoning Code Text Amendment—Allowing Mobile Food Vendors in Residential Zoning Districts Background Staff has revised recommendations to the Zoning Code regarding Mobile Food Vendors (commonly referred to as food trucks) in response to the discussion with Planning Commission on April 12, 2017.The first discussion was prompted by several inquiries from property owners who are interested in the opportunity to host a food truck at their residence for a special event such as a graduation party or wedding reception. They have been allowed in other Zoning Districts since 2015 and no complaints have been received so far. Summary of Discussion on April 12, 2017: • The Commission is supportive of encouraging this kind of business activity in Golden Valley, but regulations should be included that mitigate negative impacts to residents. • Food trucks have the potential to have noise impacts on neighbors, so a minimum distance should be established between a food truck and houses. This separation may also prevent a structure fire if there happened to be a fire in the food truck. • Staff should review options that mitigate noise impacts, such as a requirement that trucks with must have generators placed inside the food truck. • There should be more consideration for a time limit for the permit. A 6 to 8 hour maximum was suggested. • The City may want to limit a property owner to 1 food truck at a time at their event. • The City may want to the limit the number of days in a year that a permit may be granted to a property owner. Summary of Updated Staff Recommendations: • Minimum distance of 10 feet between any structure and the food truck • Parking in the street is permitted, but service window must face curbside • Food sales to the public are permitted at-large when the street is closed and a Special Event Permit is granted from the City of Golden Valley (Kelly Drive Pumpkin Festival is an example) • 6 hour time limit for each permit • Limited to 2 food truck permits in a 12 month period and no seasonal permits for Residential Zoning Districts • While not included in Code language, staff will provide all applicants with information on regulations as well as encouragement to contact their neighbors, limit disturbances in order to mitigate complaints Summary of Other Staff Recommendations for Mobile Food Vendors in Residential Districts: • Permit is granted on a per-day basis and costs $40/day • A permit may be granted for 1 day at a time in Residential Zoning Districts • Seasonal permits not allowed in Residential Zoning Districts • Proof of Mobile Food License from the Hennepin County or State of Minnesota required • Liquor License is not included with the permit • Hours of operation limited to 8 am-10 pm • Activities on the property are subject to existing City noise ordinances • Vendor and property owner responsible for trash removal, clean-up, and any damages generated by operation • Vendor must park in driveway or other impervious surface, must not impede traffic flow or pedestrian walkways, and cannot park on grass • Vendors may not be located 200 feet (at its closest point) from the entrance or from the outdoor seating area of another food-serving establishment (with the exception of other mobile food vendors that have received a permit) • Vendors may not be located within 1,000 feet of schools while they are in session unless written permission is granted by the school principal • On multi-family residential properties, vendor cannot occupy parking spaces on the parking lot that are needed to meet the minimum parking requirement unless the property owner can demonstrate that the spaces are not needed during the vendor's hours of operation Recommendation Staff recommends amending section 11.04 of the Zoning Code allowing Mobile Food Vendors in Residential Zoning Districts. Attachments Underlined/Overstruck Version of Section 11.04:Temporary Events and Uses (3 pages) Section 10.62: Disorderly Conduct—Additional Prohibited Acts (3 pages) Regular Meeting of the Golden Valley Planning Commission May 22, 2017 A regular meeting of the Planning Com ssion was held at the Golden Valley City Hall, ncil Chambers, 7800 Golden Valley oad, Golden Valley, Minnesota, on Monday, May 2017. Chair Segelbaum called t e meeting to order at 7:05 p.m. Those pres t were Planning Commissi ers Baker, Blum, Johnson, Kluchka, Segelbaum, an aldhauser. Also pres t were Planning Manager Jason Zimmerman, Associate Planner/ nt Writer Emily Go Ilner, and Community D velo"prnent Intern Kayla Grover. Commiss er Blenker wa absent. 1. Approval of Minutes April 24, 2017 Regular Meeting lanning Commission Waldhauser referredto the thir ragraph of econd page and asked that her comment on some cities g successful banne tdoor storage be struck, stating that it was not releva the discussion th t followed. Blum referred a second-to-last paragre h of the second page and asked that his comment erencing a "neighbor's window be revised to say "neighbor's lot line". MO D by Kluchka, seconded by Baker an motion carried unanimously to approve e April 24, 2017 Regular meeting minutes ith the revisions discussed. 2. Continued Informal Public Hearing –Zoning Code Text Amendment— Mobile Food Vending in Residential Zoning Districts Applicant: City of Golden Valley Purpose: To consider allowing mobile food vending in Residential Zoning Districts Goellner presented on the proposed Zoning Code Text Amendment to allow mobile food vending in residential districts with a permit, including the feedback from the previous Planning Commission discussion that had been incorporated in the new recommendations. Goellner stated that staff had received inquiries from residents who wanted to host a graduation or wedding reception at their home and hire a food truck for the event. At the recommendation of the Planning Commission, the Amendment had been updated to include a ten foot distance required between food trucks and all structures for fire safety, to allow parking of food trucks on the street if service windows face the curb and it does not block traffic, to prohibit sales to the general public in residential areas except in cases where the street was closed for Special Events, to impose a six hour time limit on food truck sales, and to limit the permits issued for mobile food vending in residential districts to two per applicant per year. Applicants would also be given educational materials and encouraged to inform their neighbors ahead of time about the event to limit complaints. Minutes of the Golden Valley Planning Commission May 22, 2017 Goellner revisited the regulations presented at the previous meeting, stating that mobile food vending in residential districts must occur between eight a.m. and ten p.m., a permit is for one truck and one day and would not include a liquor license, trash removal is required, the food truck cannot park overnight, and it cannot create a parking shortage. Goellner said that the persons involved must follow the existing noise ordinance, although she noted that there have been no noise complaints about food trucks in the districts where they are currently permitted. Commissioner Baker expressed that he was concerned about the need to close streets for special events. He stated that people may wish to have a food truck for an athletic event in a park which would vend to the general public and asked if:the streets would be required to be closed for that. Goellner clarified that the Parks Department handles all permits for mobile food vending in parks and that the text amendment in question applies only to private events in residential districts, so the decision of whether or not to close the streets for an event in a park would be made by the Parks Department. Johnson asked about the possibility of there being multiple food trucks on the same street at the same time and wanted to know if there was a limit to how many mobile food vending permits could be issued on one street simultaneously. Goellner replied that she did not anticipate that being a problem because the permit could be denied by staff if there was insufficient space. Johnson brought up the forty dollar permit fee, wanting to know how that rate was determined. Goellner replied that it covers the administrative costs of processing the permit. Goellner stated that forty dollars was the rate that had been set as an introductory rate, but that it could be revised at a later time by City Council if it was found to be too high.' Waldhauser asked whether the homeowner or the vendor pays the permit fee. Goellner said it would depend on the situation, but typically the vendor would pay the fee. Baker asked for clarification on who fills out the application. Goellner said it would typically be the vendor but that the homeowner has to sign, so both parties are part of the process. Referring to paragraph 17, Segelbaum said he was confused about the difference between the terms "applicant", "property owner", and "vendor" since they did not seem to be used consistently. Goellner clarified that the application could be filed by either the property owner or the vendor, so "applicant" was used when referencing the permit application process but could refer to either the property owner or the vendor, whereas "property owner" and "vendor" refer to those persons specifically. Segelbaum asked staff to take another look at how those words are used. Referring to item four, page four Segelbaum raised concern about the language that seemed to restrict vendors to only having one permit at a time. He said that might prevent vendors from having events on consecutive days. Zimmerman said that staff would take another look at that section and think about why it was written that way. 2 Minutes of the Golden Valley Planning Commission May 22, 2017 Segelbaum opened the public hearing. John Levy, president of the Minnesota Food Truck Association, introduced himself and said that he was there both to offer feedback and to answer questions the Commission might have about the food truck industry. He stated that he did not think the ban on "sales to the general public" was necessary and recommended eliminating or expanding the six hour time limit on food truck sales. He explained that people may often plan an event where they want the food truck to serve both lunch and dinner and that a six hour time limit would prevent that. He said he was unaware of any instances where food trucks being at a residence for long periods of time had caused any problems. He also questioned why there was a limit of two permits per,year. He stated that he thought there should be no limit on the number of trucks allowed on a street at one time since, in his experience, he said he has found that food trucks operate best when there is more than one food truck present. Levy brought up Johnson's concern about the permit price and said that he agreed it seemed too high to him because the margins for a food truck serving just one meal are slim. Waldhauser asked what a typical price for a permit is, in_Levy's experience, and Levy replied that he did not know. Waldhauser mentioned that it was likely the property owner who was hosting the party would pay the fee, in which case the cost would not affect the vendors. Kluchka mentioned that the permit price is comparable to the price of the permits food trucks must receive from the Health Department. Segelbaum wanted to know if, in the case of a long event, a food truck would ever need to hook up to the electrical ''system. Levy stated that food trucks typically run off a generator and would not need to plug into an additional source of electricity. Segelbaum asked Levy if anything in the proposed text amendment stood out to him. Levy stated that nothing stood out to him, but that he was not familiar with the typical language of codes. Levy recommended adding the option of a seasonal permit for vendors, noting that many other cities provide that option. Seeing no one else come forward, the public hearing was closed. Segelbaum asked if there was a limit to the number of food trucks in non-residential areas. Goellner said there was no formal limit, but that available space would be analyzed before approval and that permits could be denied by staff if there was insufficient space. Waldhauser wanted to know why two food trucks at a residential event would be a problem, provided there was room on the street. She agreed with Mr. Levy that she thought more than one food truck would be more fun provided there were enough people and enough space. Zimmerman stated that the limit on number of food trucks applied to private events and that a special event could have more. 3 Minutes of the Golden Valley Planning Commission May 22, 2017 Segelbaum asked where the recommendation for the limit on permits came from. Goellner confirmed that it was from the Planning Commission. Baker stated that the limit was imposed because there was concern that an unlimited amount of permits could encourage a party house situation. Kluchka proposed that if more trucks were desired, neighbors could collaborate with each other and that neighbors could apply for the permits for additional food trucks, which would not require a special event permit. Waldhauser agreed that a limit on permits was a good measure which would prevent frequent parties that might disturb neighbors. Mr. Levy stated that he thought this was a bad idea that could create logistical problems. He recommended simply allowing multiple food trucks and said that he has not heard of any problems created by frequent food truck events. Baker asked if staff had the ability to deny a permit if the applicant applied too frequently. Goellner said that, without a formal limit, they could only deny a,permit if there had been complaints or prior violations of City Code. Johnson recommended not having a limit on number of trucks because the noise ordinance would regulate disturbances. Segelbaum speculated that the limit on number,of food trucks might create long waits for food. Waldhauser pointed out that fair an open- house type situation, as was likely to happen in residential districts, she did not imagine that being a problem. Baker recommended not being overly restrictive unless problems arise. Johnson agreed that the noise ordinance could always be used to control disturbances, and permits could always be denied if there were complaints. He said he would eliminate the limit entirely. Waldhauser said the size of the h'eist's property might self-impose a limit. Zimmerman noted that current language does not actually specify that the food truck must be parked adjacent to the host's property. Segelbaum asked that the language be updated to require the food truck to park adjacent to the host's property. Blum asked for clarification about whether the limit was on number of trucks per event or number of events per year. Zimmerman clarified that there were two limits, one permit per truck per property and two permits permitted per year per property. He said that, while it had not been intended that way, the language could potentially allow hosts to have either two events per year with one truck or one event per year with two trucks. Kluchka asked what flexibility could be allowed for larger neighborhood events. Zimmerman pointed out that a special event permit could allow a larger event. Kluchka requested that a reference be added to special event permits in the text amendment to allow greater flexibility for neighborhood events. Segelbaum reviewed what had been discussed so far. He stated that they had agreed to clarify the definitions of"vendor" and "applicant", to correct item seventeen, and to 4 Minutes of the Golden Valley Planning Commission May 22, 2017 state that there is an exception to certain regulations for special event permits. Zimmerman added that they had also decided to restrict parking to the host's property. Baker raised the question of seasonal permits. Goellner clarified that seasonal permits were permitted in other zoning districts of the city, but were not permitted in residential zoning districts. Johnson brought up the six hour time limit. Blum asked why six hours had been selected, and Goellner answered that it had been suggested by the Planning Commission. Baker brought up the possibility of a two-meal event that might take longer. Kluchka wondered if allowing an exception to the time limit could be granted for a special event permit, and Zimmerman confirmed that was the case. Waldhauser recommended dropping the time limit altogether since it was limited to between 8 a.m. and 10 p.m. by the noise ordinance anyway. However, Kluchka pointed out that neighbors might object to an all-day event. Johnson wanted to know if there was a way to track how long the food trucks were,parked. Goellner stated' that they gather that information when the applicant applies°for a permit. Blum brought up the penalty for violations, which is the suspension from mobile food vending permits for thirty days. He stated that since many private events are likely to be annual events, thirty days seemed like a penalty with no teeth. He recommended 13 months as a more appropriate penalty. Segelbaum pointed out that thirteen months might be very significant to the vendor, but that it seemed appropriate for the property owner. He recommended the language say "not exceeding thirteen months" to allow staff discretion in administering penalties. Segelbaum brought up the issueof`the forty dollar permit fee. Goellner stated that any changes to that fee would need to be approved by the City Council and that forty dollars was the permit price for mobile food vending in other districts and has not been a barrier so far. Segelbaum suggested lowering the price,for residential districts. Kluchka pointed out that processing the permit for the food truck in residential districts is the same amount of work as processing the permit in other districts. Johnson said that he would still like to lower the fee. Blum said that since it costs money to monitor the event for compliance and process the paper work, that lowering the fee would force the taxpayers to subsidize someone else's party. A consensus was reached to leave the permit fee at forty dollars. Returning to the issue of the time limit, Segelbaum said he would be in favor of eight hours. A consensus was reached to increase the time limit to eight hours. Blum called attention to the required ten foot distance from homes recommended by the Fire Department. He stated that a tank of propane has the explosive power of several sticks of dynamite and questioned whether they were comfortable allowing the food trucks that close to the buildings. Waldhauser stated that if they were truly that explosive, they would be too dangerous to have anywhere. Baker asked if there was a 5 Minutes of the Golden Valley Planning Commission May 22, 2017 history of food truck explosions, and Blum cited several instances of injuries and property damage due to food truck explosions. Baker pointed out that food trucks on streets is a common practice in Minneapolis. Blum brought up the possibility of risk to the neighboring properties in case of a fire or an explosion and recommended a required distance from the neighboring property line in addition to the required distance from structures, and increasing the required distance to thirty feet from structures. Kluchka asked what the Fire Chief's recommendation was. Goellner replied that it was ten feet from all structures and that, while there was not a national standard as of yet, the Fire Chief expected ten feet to become the national standard. Blum stated that he would still support increasing the required distance, but the other Commissioners did not support his recommendation. Kluchka expressed that he would be supportive of a ten foot distance requirement from the neighbor's property line. Zimmerman and Goellner discouraged this regulation, pointing out that it could prevent people with narrow lots from qualifying. Segelbaum pointed out that a minimum distance could help keep the party from intruding onto the neighbor's property. Johnson objected to adding a required distance from the neighbor's property line, stating that neighbors will always do things that annoy each other and he did not see why this was different. Goellner suggested that five feet would be more reasonable than ten feet, since ten feet would prevent a significant number of homeowners from acquiring a permit, and because five feet is consistent with the setbacks required for other structures in the City Code: Segelbaum asked if the serving window would be required to face the host's property, and Goellner replied that could be handled during permitting. Waldhauser stated that'she did not think five feet or ten feet would make a significant difference in safety and would be supportive of five feet. Kluchka and Blum stated that five seemed small to them, but there was a majority consensus. Mr. Levy said that he did not see why there would be need for a required distance from the property line as long as the structures were protected. MOVED by Waldhauser, seconded by Kluchka, and carried unanimously to recommend approval for the amendment to Zoning Code Section 11.04 Temporary Uses to allow Mobile Food Vending in Residential Zoning Districts with the following changes: 1. The time limit on mobile food vending in residential districts will be increased from six to eight hours. 2. Exceptions to certain regulations will be allowed with a Special Event permit. 3. The penalty for violations for a vendor will be a suspension of no more than thirteen months. 4. There would be a minimum distance of five feet from the property line. 5. The parking of mobile food vendors will be restricted to the host's property. 6. Language will be changed to clarify the difference between "vendor" and "applicant". 6 § 11.04 Golden Valley City Code Page 1 of 3 Section 11.04: Temporary Uses Subdivision 1. Purpose and Effect The purpose of this Section is to provide conditions under which certain temporary uses may be allowed while ensuring a minimum negative impact to neighboring land uses. Subdivision 2. Authorized Temporary Uses A.The City Manager or his/her designee may issue a permit for a mobile food vending operation, defined as a self-contained vehicle or trailer used to prepare and serve food that is ready movable without disassembling, to operate for a temporary period not to exceed three (3) days in City Parks, one (1) day in Residential Zoning Districts, or one hundred twenty (120) days in all other non-residential Zzoning Ddistricts. Properties in Residential Zoning Districts are limited to two (2) permits in a twelve (12) month period. The permit application shall be on a form promulgated by the City Manager or his/her designee and shall include any information needed to establish compliance with this Subdivision. Any application shall include the application fee amount established by the City Council in the master fee schedule, and such fee shall be not refundable if the permit is denied or the applicant withdraws or otherwise ceases operation or use of the permit. All mobile food vending permit applications and permits shall be subject to the following conditions: 1.With the permit application, the applicant shall provide written proof that the applicant is the current holder of all license(s) required by Hennepin County and the State of Minnesota, as applicable, with respect to a mobile food vending operation in which food is prepared and served on a vehicle or trailer, and the vendor shall maintain such license(s) in good standing for the duration of the permit. 2.The vendor shall comply with all other applicable provisions of the City Code including, but not limited to, those regulations regarding parking, signage, lighting, and sound. 3.A permit is valid for only one (1) mobile food vending vehicle or trailer. 4.The permitted days of operation shall be set forth in the permit. A vendor that has obtained a permit under this Subdivision, upon the expiration thereof, may apply for another permit under this Subdivision. 5.The permit application shall contain a signed statement that the applicant shall hold harmless the City, and their officers and employees, and shall indemnify the City, and their officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. 6.If the application seeks to operate a vending operation in a City-owned property and/or on the public right-of-way, the application shall include documentation satisfactory to the City Manager or his/her designee evidencing the applicant’s public liability, food products liability, automobile liability, and property damage insurance and that the City is or will be named as an additional insured on such § 11.04 Golden Valley City Code Page 2 of 3 insurance for all the permitted days of operation. Such insurance shall be maintained without change for the duration of the permitted days of operation. 7.The permit shall set forth the location(s) where the vending operation may operate and it shall be a violation of this Section for any vendor to engage in vending operations in any location in the City other than the location(s) set forth in the permit. Mobile Food Vendors must be located at least ten (10) feet from all principle and accessory structures as well as five (5) feet from side and rear yard property lines. 8.Overnight parking and storage by the vendor is prohibited at the permitted location(s). The vendor must vacate the permitted location when not engaging in vending operations. Hours of vending operation are limited to 8 am to 10 pm unless otherwise limited or extended by the City Manager or his/her designee, as set forth in the permit. Permits approved for vending operations on properties located in Residential Zoning Districts are limited to an eight (8) hour time period. 9.With the permit application, the applicant shall provide written proof permission from the owner(s) of the property(ies) at the permitted location(s) to engage in vending operations at those location(s). If the permitted location is located on City- owned property, the issuance of the permit by the City shall constitute such permission. 10.The vendor must keep a copy of the permit with the vending unit and demonstrate compliance with the permit and the permit conditions set forth in this Subdivision upon inspection. 11.The vending operation may not be located on public right-of-way adjacent to the property for which the permit is issued, with the service window facing the curbside of the street. unless right-of-way will be closed for an event by the City. The vending operation may not block sidewalks or drive aisles, impede pedestrian or vehicular traffic, or interfere with public safety. 12.The vending operation shall be located on an impervious surface unless unique circumstances cause the City Manager or his/her designee to permit the operation to be located on a pervious surface. 13.No vending operation may occupy accessible parking spaces or parking spaces used to fulfill any property’s minimum parking requirements under this Code, unless the applicable property owner can demonstrate that parking would be adequately supplied during the vending operations. 14.The vendor must provide and remove trash and recycling receptacles for customer use and keep the site in a neat and orderly fashion. The permitted location(s) must be kept free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The vendor shall be responsible for all litter and garbage left by customers. 15.No vending operation may be located within two hundred (200) feet at its closest point to the main entrance of a public eating establishment or any outdoor dining area with the exception of other mobile food vendors and except with the written § 11.04 Golden Valley City Code Page 3 of 3 consent of the proprietor of the establishment or dining area. No person shall either pay or accept payment for such written consent. With the permit application, the applicant shall provide written permission from the proprietor when applicable. 16.No vending operation may be located within one thousand (1,000) feet at its closest point to a school while the school is in session unless written permission from the school principal is provided in the permit application. With the permit application, the applicant shall provide written permission from the principal when applicable. 17. Permits issued for vending operations on properties located in Residential Zoning Districts must limit sales to the property owner and other private parties associated with the private event. The vending operation shall not serve the general public unless a Special Event Permit is approved by the City. 18. The placement, duration, or any other applicable requirements for operation under this Subdivision may be superseded by the provisions of an approved Special Event Permit. 17.19. If while holding a permit granted under this Subdivision, a vendor violates any provision of this Subdivision, in addition to any other remedy provided under this Code, the City Manager or his/her designee may revoke the permit and/or prohibit such vendor from obtaining a new permit under this Subdivision for a period not exceeding thirteen (13) months from the date of such violation for properties in Residential Zoning Districts and not exceeding thirty (30) days from the date of such violation for properties in all other Zoning Districts. Subdivision 3. Prohibited Temporary Uses A. Temporary Family Health Care Dwellings, as defined in State Statute, are prohibited in all Zoning Districts. ORDINANCE NO. 622, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 11: Land Use Regulation (Zoning), Regarding Mobile Food Vendors The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 11.04, Subdivision 2 Authorized Temporary Uses is amended to read as follows: Subdivision 2. Authorized Temporary Uses A. The City Manager or his/her designee may issue a permit for a mobile food vending operation, defined as a self-contained vehicle or trailer used to prepare and serve food that is ready movable without disassembling, to operate for a temporary period not to exceed three (3) days in City Parks, one (1) day in Residential Zoning Districts, or one hundred twenty (120) days in all other Zoning Districts. Properties in Residential Zoning Districts are limited to two (2) permits in a twelve (12) month period. The permit application shall be on a form promulgated by the City Manager or his/her designee and shall include any information needed to establish compliance with this Subdivision. Any application shall include the application fee amount established by the City Council in the master fee schedule, and such fee shall be not refundable if the permit is denied or the applicant withdraws or otherwise ceases operation or use of the permit. All mobile food vending permit applications and permits shall be subject to the following conditions: 1. With the permit application, the applicant shall provide written proof that the applicant is the current holder of all license(s) required by Hennepin County and the State of Minnesota, as applicable, with respect to a mobile food vending operation in which food is prepared and served on a vehicle or trailer, and the vendor shall maintain such license(s) in good standing for the duration of the permit. 2. The vendor shall comply with all other applicable provisions of the City Code including, but not limited to, those regulations regarding parking, signage, lighting, and sound. 3. A permit is valid for only one (1) mobile food vending vehicle or trailer. 4. The permitted days of operation shall be set forth in the permit. A vendor that has obtained a permit under this Subdivision, upon the expiration thereof, may apply for another permit under this Subdivision. 5. The permit application shall contain a signed statement that the applicant shall hold harmless the City, and their officers and employees, and shall indemnify the City, and their officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. 6. If the application seeks to operate a vending operation in a City-owned property and/or on the public right-of-way, the application shall include documentation Ordinance No. 622 -2-June 20, 2017 satisfactory to the City Manager or his/her designee evidencing the applicant’s public liability, food products liability, automobile liability, and property damage insurance and that the City is or will be named as an additional insured on such insurance for all the permitted days of operation. Such insurance shall be maintained without change for the duration of the permitted days of operation. 7. The permit shall set forth the location(s) where the vending operation may operate and it shall be a violation of this Section for any vendor to engage in vending operations in any location in the City other than the location(s) set forth in the permit. Mobile Food Vendors must be located at least ten (10) feet from all principle and accessory structures as well as five (5) feet from side and rear yard property lines. 8. Overnight parking and storage by the vendor is prohibited at the permitted location(s). The vendor must vacate the permitted location when not engaging in vending operations. Hours of vending operation are limited to 8 am to 10 pm unless otherwise limited or extended by the City Manager or his/her designee, as set forth in the permit. Permits approved for vending operations on properties located in Residential Zoning Districts are limited to an eight (8) hour time period. 9. With the permit application, the applicant shall provide written proof permission from the owner(s) of the property(ies) at the permitted location(s) to engage in vending operations at those location(s). If the permitted location is located on City-owned property, the issuance of the permit by the City shall constitute such permission. 10. The vendor must keep a copy of the permit with the vending unit and demonstrate compliance with the permit and the permit conditions set forth in this Subdivision upon inspection. 11. The vending operation may be located on public right-of-way unless right-of-way adjacent to the property for which the permit is issued, with the service window facing the curbside of the street. The vending operation may not block sidewalks or drive aisles, impede pedestrian or vehicular traffic, or interfere with public safety. 12. The vending operation shall be located on an impervious surface unless unique circumstances cause the City Manager or his/her designee to permit the operation to be located on a pervious surface. 13. No vending operation may occupy accessible parking spaces or parking spaces used to fulfill any property’s minimum parking requirements under this Code, unless the applicable property owner can demonstrate that parking would be adequately supplied during the vending operations. 14. The vendor must provide and remove trash and recycling receptacles for customer use and keep the site in a neat and orderly fashion. The permitted location(s) must be kept free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The vendor shall be responsible for all litter and garbage left by customers. Ordinance No. 622 -3-June 20, 2017 15. No vending operation may be located within two hundred (200) feet at its closest point to the main entrance of a public eating establishment or any outdoor dining area with the exception of other mobile food vendors and except with the written consent of the proprietor of the establishment or dining area. No person shall either pay or accept payment for such written consent. With the permit application, the applicant shall provide written permission from the proprietor when applicable. 16. No vending operation may be located within one thousand (1,000) feet at its closest point to a school while the school is in session unless written permission from the school principal is provided in the permit application. With the permit application, the applicant shall provide written permission from the principal when applicable. 17. Permits issued for vending operations on properties located in Residential Zoning Districts must limit sales to the property owner and other private parties associated with the private event. The vending operation shall not serve the general public unless a Special Event Permit is approved by the City. 18. The placement, duration, or any other applicable requirements for operation under this Subdivision may be superseded by the provisions of an approved Special Event Permit. 19. If while holding a permit granted under this Subdivision, a vendor violates any provision of this Subdivision, in addition to any other remedy provided under this Code, the City Manager or his/her designee may revoke the permit and/or prohibit such vendor from obtaining a new permit under this Subdivision for a period not exceeding thirteen (13) months from the date of such violation for properties in Residential Zoning Districts and not exceeding thirty (30) days from the date of such violation for properties in all other Zoning Districts. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of June, 2017. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk SUMMARY OF ORDINANCE NO. 622, 2 ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 11: Land Use Regulation (Zoning), Regarding Mobile Food Vendors This is a summary of the provisions of the above Ordinance which has been approved for publication by the City Council. This Ordinance adds amends Section 11.04, Subdivision 2 Authorized Temporary Uses to allow for mobile food vendors in Residential Zoning Districts following specific criteria: limit to 2 mobile food vendors in a 12 month period, 8 hour time limit for each permit, food sales limited to the private party and food sales to the general public are only permitted when a Special Event Permit approved by the City. This ordinance shall take effect upon publication. A copy of the full text of this ordinance is available from the City Clerk’s Office. Adopted by the City Council this 20 th day of June, 2017. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 6. A. Douglas Drive Reconstruction Project Update Prepared By Marc Nevinski, Physical Development Director Summary Representatives from Hennepin County will provide Council with an update on the reconstruction of Douglas Drive. Executive Summary For Action Golden Valley Council Meeting June 20, 2017 Agenda Item 6. B. Resolution Awarding the Sale of: 1. $7,710,000 General Obligation Improvement and Equipment Bonds, Series 2017A 2. $1,935,000 General Obligation Tax Increment and Improvement Bonds, 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. Doug Green, Springsted Client Representative, will be in attendance to present the bid results that were received on June 20. Figures will be filled in on the resolutions once the final numbers are known from the bidding process. After reviewing the bid results, Council should consider the attached resolutions. Attachments •Resolution Awarding the Sale of $7,710,000 General Obligation Improvement and Equipment Bonds, Series 2017A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; Providing For Their Payment; Providing for the Escrowing and Investment of A Portion of the Proceeds Thereof; and Providing For the Redemption of Bonds Refunded Thereby (28 pages) •Resolution Awarding the Sale of $1,935,000 General Obligation Improvement Tax Increment and Improvement Bonds, Series 2017B; Fixing Their Form and Specifications; Directing Their Execution and Delivery (22 pages) Recommended Action Motion to adopt Resolution awarding the Sale of $7,710,000 General Obligation Improvement and Equipment Bonds, Series 2017A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; Providing For Their Payment; Providing for the Escrowing and Investment of A Portion of the Proceeds Thereof; and Providing For the Redemption of Bonds Refunded Thereby. Motion to adopt Resolution awarding the Sale of $1,935,000 General Obligation Improvement Tax Increment and Improvement Bonds, Series 2017B; Fixing Their Form and Specifications; Directing Their Execution and Delivery. Resolution 17-38 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $7,710,000 GENERAL OBLIGATION IMPROVEMENT AND EQUIPMENT BONDS, SERIES 2017A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF A PORTION OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY BE IT RESOLVED By the City Council of the City of Golden Valley, Hennepin County, Minnesota (the “City”) as follows: SECTION 1. Sale of Bonds. 1.01. Background; Findings. It is determined that: (a) Certain assessable public improvements in the City, including without limitation the City’s 2017 Pavement Management Program (the “2017 Improvements”), have been made, duly ordered, or contracts let for the construction thereof, pursuant to Minnesota Statutes, Chapters 429 and 475, as amended (collectively, the “Improvement Act”). (b) The City is authorized by Minnesota Statutes, Section 412.301 (the “Equipment Act”) to finance the acquisition of items of capital equipment (the “Equipment”), subject to certain limitations contained in the Equipment Act; (c) As required by the Equipment Act, (i) the expected useful life of each item of Equipment is or will be at least as long as the term of the of the Equipment Certificates (as defined below); and (ii) the principal amount of the Equipment Certificates will not exceed 0.25% of the market value of taxable property in the City for taxes payable in 2017, which is the market value as last finally equalized. (d) On May 21, 2009, the City issued its $7,305,000 General Obligation Improvement Bonds, Series 2009A (the “2009A Bonds”), dated as of May 1, 2009, pursuant to the Improvement Act to finance various street improvements projects (the “2009A Improvements”). The 2009A Bonds are currently outstanding in the aggregate principal amount of $5,330,000, of which $4,600,000 in principal amount is subject to redemption on or after February 1, 2019. (e) The City is authorized by Minnesota Statutes, Chapter 475, including Section 475.67, subdivision 3, to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. Resolution No. 17-38 -2-June 20, 2017 (f) Minnesota Statutes, Section 475.67, subdivision 13, permits the sale of crossover refunding obligations as long as the proceeds of the crossover refunding obligations are deposited in a debt service fund maintained as an Escrow Account and irrevocably appropriated to the payment of principal of and interest on the refunding obligations until the date the proceeds are applied to the payment of the obligations to be refunded. (g) The City finds it necessary, expedient, and desirable to the sound financial management of the affairs of the City and to reduce debt service costs of the City to issue its $7,710,000 General Obligation Improvement and Equipment Bonds, Series 2017A (the “Bonds”) to (i) finance the 2017 Improvements; (ii) finance the Equipment; and (iii) refund in advance of maturity and at their redemption date the 2021 through 2029 maturities of the 2009A Bonds. (h) The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent municipal advisor in connection with such sale. The actions of the City staff and the City’s municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to Purchaser and Interest Rates. The proposal of ______________ in ____________, ___________ (the “Purchaser”) to purchase the Bonds of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $___________, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2019 %2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 1.03. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund hereinafter created, as determined by the City’s municipal advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. Resolution No. 17-38 -3-June 20, 2017 1.04. Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds pursuant to the Improvement Act, the Equipment Act and Minnesota Statutes, Chapter 475, including without limitation Sections 475.67, subdivisions 3 and 13 (collectively, the “Act”), in the total principal amount of $7,710,000, originally dated the date of issuance, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2019 $ 415,000 2029 $ 630,000 2020 450,000 2030 95,000 2021 855,000 2031 100,000 2022 590,000 2032 100,000 2023 605,000 2033 105,000 2024 615,000 2034 105,000 2025 630,000 2035 110,000 2026 640,000 2036 110,000 2027 650,000 2037 115,000 2028 670,000 2038 120,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). $2,555,000 of the Bonds (the “2017 Improvement Bonds”) maturing in the amounts and on the dates set forth below are being issued to finance the 2017 Improvements: Year Amount Year Amount 2019 $150,000 2029 $95,000 2020 150,000 2030 95,000 2021 150,000 2031 100,000 2022 150,000 2032 100,000 2023 150,000 2033 105,000 2024 150,000 2034 105,000 2025 150,000 2035 110,000 2026 150,000 2036 110,000 2027 150,000 2037 115,000 2028 150,000 2038 120,000 Resolution No. 17-38 -4-June 20, 2017 $815,000 of the Bonds (the “Equipment Certificates”) maturing in the amounts and on the dates set forth below are being issued to finance the Equipment: Year Amount Year Amount 2019 $265,000 2021 $280,000 2020 270,000 $4,340,000 of the Bonds (the “2009A Refunding Bonds”) maturing in the amounts and on the dates set forth below are being issued to refund in advance of maturity the 2021 through 2029 maturities of the 2009A Bonds on February 1, 2019: Year Amount Year Amount 2020 $30,000 2025 $480,000 2021 425,000 2026 490,000 2022 440,000 2027 500,000 2023 455,000 2028 520,000 2024 465,000 2029 535,000 1.05. Optional Redemption. The City may elect on February 1, 2026, and on any day thereafter to prepay 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 will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. 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. Prepayments will be at a price of par plus accrued interest. SECTION 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2018, to the registered owners of record as of the close of business on the 15th day of the immediately preceding month, whether or not that day is a business day. Resolution No. 17-38 -5-June 20, 2017 2.03. Registration. The City will appoint a Registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. Resolution No. 17-38 -6-June 20, 2017 (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution No. 17-38 -7-June 20, 2017 Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Exhibit B with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. SECTION 3. Form of Bond. 3.01. Form. The Bonds will be printed or typewritten in substantially the form attached hereto as Exhibit B. 3.02. Approving Legal Opinion. The City Finance Director is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. SECTION 4. Payment; Security; Pledges; and Covenants. 4.01. Debt Service Fund and Accounts Maintained Therein. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds and the 2009A Bonds, and to provide adequate and specific security for the Purchaser and holders from time to time of the Bonds and the 2009A Bonds, there is hereby created a special fund to be designated the “General Obligation Improvement and Equipment Bonds, Series 2017A Debt Service Fund” (the “Fund”) to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund will be maintained in the manner herein specified until all of the 2009A Bonds have been paid and until all of the Bonds and the interest thereon will have been fully paid. There will be maintained in the Fund two separate accounts, to be designated the “Debt Service Account” and the “Escrow Account.” (a) Debt Service Account. The City shall maintain three separate subaccounts within the Debt Service Account, to be designated the “2017 Improvements Account,” the “Equipment Account” and the “2009A Refunding Account.” Amounts in the 2017 Improvements Account are irrevocably pledged to the 2017 Improvement Bonds portion of the Bonds, amounts in the Equipment Account are irrevocably pledged to the amounts in the Equipment Certificates portion of the Bonds, and amounts in the 2009A Refunding Account are irrevocably pledged to the 2009A Refunding Bonds portion of the Bonds. Resolution No. 17-38 -8-June 20, 2017 (i)2017 Improvements Account.To the 2017 Improvements Account in the Debt Service Account there is hereby pledged and irrevocably appropriated and there will be credited: (A) proceeds of general taxes herein or hereafter levied and special assessments levied or to be levied for the 2017 Improvements, which ad valorem taxes and special assessments are pledged to the 2017 Improvements Account; (B) capitalized interest financed from 2017 Improvement Bond proceeds, if any; (C) a pro rata portion of the amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Account in accordance with Section 1.03 hereof; and (D) all investment earnings on funds in the 2017 Improvements Account; and (E) any and all other moneys which are properly available and are appropriated by the City Council to the 2017 Improvements Account. (ii)Equipment Account. To the Equipment Account in the Debt Service Account there is hereby pledged and irrevocably appropriated and there will be credited: (A) proceeds of general taxes herein levied for the Equipment, which ad valorem taxes are pledged to the Equipment Account; (B) capitalized interest financed from Equipment Certificate proceeds, if any; (C) a pro rata portion of the amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Account in accordance with Section 1.03 hereof; and (D) all investment earnings on funds in the Equipment Account; and (E) any and all other moneys which are properly available and are appropriated by the City Council to the Equipment Account. (iv)2009A Refunding Account. To the 2009A Refunding Account in the Debt Service Account there is hereby pledged and irrevocably appropriated and there will be credited: (A) any balance remitted to the City upon the termination of the Escrow Agreement (as defined herein); (B) any balance remaining after February 1, 2020, in the debt service account created by the City Council resolution authorizing the issuance and sale of the 2009A Bonds (the “2009A Bonds Resolution”); (C) any collections of all taxes and special assessments herein or hereafter levied for the payment of the 2009A Refunding Bonds and interest thereon; (D) after February 1, 2020, all taxes collected with respect to the 2009A Bonds pursuant to levies made in the 2009A Bonds Resolution, which levies will not be cancelled except as permitted by Section 475.61, subdivision 3 of the Act; (E) a pro rata portion of the amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Account in accordance with Section 1.03 hereof; (F) all investment earnings on funds in the 2009A Refunding Account; and (G) any and all other moneys which are properly available and are appropriated by the City Council to the 2009A Refunding Account. The amount of any surplus remaining in the 2009A Refunding Account when the 2009A Refunding Bonds and interest thereon are paid will be used as provided in Section 475.61, subdivision 4 of the Act. (b) Escrow Account. The Escrow Account will be maintained as an escrow account with U.S. Bank National Association in St. Paul, Minnesota (the “Escrow Agent”) the City will establish and maintain an escrow account (the “Escrow Account”). The Escrow Agent is a suitable financial institution within the State, whose deposits are Resolution No. 17-38 -9-June 20, 2017 insured by the Federal Deposit Insurance Corporation, whose combined capital and surplus is not less than $500,000 and said financial institution is hereby designated as the escrow agent for the Escrow Account. All proceeds of the sale of the Bonds (less amounts deposited in the Debt Service Account under Section 4.01(a)) will be received by the Escrow Agent and applied to fund the Escrow Account or used to pay costs of issuance. Proceeds of the Bonds not used to pay costs of issuance or fund the Escrow Account will be returned to the City for deposit into the Debt Service Account. All investment earnings on the Escrow Account are hereby irrevocably pledged and appropriated thereto. The Escrow Account will be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as will be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay when due the interest to accrue on the 2009A Refunding Bonds, and to pay on February 1, 2019 (the “Redemption Date”) the principal amount of the 2021 through 2029 maturities of the 2009A Bonds then outstanding (the “Refunded Bonds”). From the Escrow Account there will be paid (i) all interest paid, or to be paid, or to accrue on the 2009A Refunding Bonds to and including the Redemption Date and (ii) the principal amount of the Refunded Bonds and (iii) the costs of issuance of the Bonds as set forth in the Escrow Agreement. The moneys in the Escrow Account will be used solely for, and the Escrow Account will be irrevocably appropriated to, the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement. Any moneys remitted to the City upon termination of the Escrow Agreement will be deposited in the 2009A Refunding Account of the Debt Service Account. 4.02. Construction Fund. The proceeds of the 2017 Improvement Bonds and the Equipment Certificates less the amounts deposited in the accounts of the Debt Service Account or deposited in the Escrow Account in accordance with Section 5.01 to pay costs of issuance, together with any other funds appropriated during the construction of the 2017 Improvements and acquisition of the Equipment and ad valorem taxes and special assessments collected during the construction of the 2017 Improvements, will be deposited in a separate construction fund (the “Construction Fund”) to be used solely to defray expenses of the 2017 Improvements and the Equipment and the payment of principal of and interest on the 2017 Improvement Bonds prior to the completion and payment of all costs of the 2017 Improvements. When the 2017 Improvements are completed and the cost thereof paid, the Construction Fund is to be closed and any balance therein is to be deposited in the 2017 Improvements Account and the Equipment Account of the Debt Service Account, in the proportions determined by the City Finance Director. 4.03. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City will be and are hereby irrevocably pledged. If the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the general fund of the City which are available for such purpose, and such general fund may be reimbursed with or without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. Resolution No. 17-38 -10-June 20, 2017 4.04. Pledge of Tax Levy; 2017 Improvement Bonds. For the purpose of paying the principal of and interest on the 2017 Improvement Bonds portion of the Bonds there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the 2017 Improvements Account of the Debt Service Account above provided and will be in the years and amounts as follows as separately set forth: Year Levy (See EXHIBIT C) 4.05. Pledge of Tax Levy; Equipment Certificates. For the purpose of paying the principal of and interest on the Equipment Certificates portion of the Bonds there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Equipment Account of the Debt Service Account above provided and will be in the years and amounts as follows as separately set forth: Year Levy (See EXHIBIT D) 4.07. Pledge of Tax Levy; 2009A Refunding Bonds. For the purpose of paying the principal of and interest on the 2009A Refunding Bonds portion of the Bonds maturing on and after February 1, 2020, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the 2009A Refunding Account of the Debt Service Account above provided and will be in the years and amounts as follows as separately set forth: Year Levy (See EXHIBIT E) 4.08. Cancellation of Prior Levy After Payment of 2009A Bonds. It is hereby determined that, upon the deposit of proceeds in the Escrow Account, an irrevocable appropriation to the debt service account for the 2009A Bonds maturing after the Redemption Date, will have been made within the meaning of Section 475.61, subdivision 3 of the Act, and the City Clerk is hereby authorized and directed to certify such fact to and request the Taxpayer Services Division Manager of Hennepin County to cancel any and all tax levies for taxes payable in 2020 and thereafter made by the 2009A Bonds Resolution. 4.09. Filing. The City Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the certificate required by Section 475.63 of the Act. Resolution No. 17-38 -11-June 20, 2017 4.10. Covenants Regarding 2017 Improvements. It is hereby determined that the 2017 Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the special assessments levied for the 2017 Improvements to be promptly levied so that the first installment will be collectible not later than 2018 and will take all steps necessary to assure prompt collection, and the levy of the special assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each 2017 Improvement financed wholly or partly from the proceeds of the 2017 Improvement Bonds, and will take all further actions necessary for the final and valid levy of the special assessments and the appropriation of any other funds needed to pay the 2017 Improvement Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in special assessments and ad valorem taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the 2017 Improvements, special assessments and ad valorem taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid special assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e) At least 20% of the cost of the 2017 Improvements described herein will be specially assessed against the benefited properties. SECTION 5. Refunding; Findings; Redemption of Refunded Bonds. 5.01. Deposit of Funds. As of the date of delivery of and payment for the Bonds, proceeds of the Bonds as set forth in Section 4.01(b) are hereby pledged and appropriated and will be deposited in the Escrow Account and to pay costs of issuance of the Bonds as set forth in the Escrow Agreement. Proceeds of the Bonds in excess of amount needed to fund the Escrow Account and pay costs of issuance of the Bonds are appropriated to the 2009A Refunding Account of the Debt Service Account in accordance with Section 4.01(a) hereof. 5.02. Findings. It is hereby found and determined that based upon information presently available from the City’s municipal advisor, the issuance of the Bonds (specifically the 2009A Refunding Bonds) will result in a reduction of debt service cost to the City on the Refunded Bonds, such that the present value of the debt service savings (the “Reduction”) is at least 3.00% of the debt service on the Refunded Bonds. The Reduction, after the inclusion of all authorized expenses of refunding in the computation of the effective interest rate on the Bonds, is adequate to authorize the issuance of the Bonds as provided by Minnesota Statutes, Section 475.67, subdivisions 12 and 13. Resolution No. 17-38 -12-June 20, 2017 5.03. Investment of Funds. The moneys in the Debt Service Account will be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Debt Service Fund. No portion of the proceeds of the Bonds will be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater than the lesser of 5% of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield will not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable temporary periods or minor portion made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund will not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be federally guaranteed within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the “Code”). 5.04. Payment of Bonds and Refunded Bonds. It is hereby found and determined that the proceeds of the Bonds available and appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the investment of the Escrow Account, to pay principal of and interest on the 2009A Refunding Bonds through the Redemption Date, and to pay at maturity or redemption all of the principal of and redemption premium (if any) on the Refunded Bonds maturing after the Redemption Date, all as set forth in Section 4.01(b) hereof and the Escrow Agreement. 5.05. Permitted Investments. Securities purchased from the monies in the Escrow Account will be limited to securities specified in Section 475.67, subdivision 8 of the Act. The Escrow Agent as agent for the City, at the further direction of the City Finance Director and in consultation with the City’s municipal advisor, is hereby authorized and directed to purchase for and on behalf of the City and in its name, appropriate securities to fund the Escrow Account. On or after the issuance and delivery of the Bonds, any securities so purchased will be deposited with the Escrow Agent and held pursuant to the terms hereof and of the Escrow Agreement. 5.06. Notice of Call for Redemption. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and on February 1, 2019, and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption set forth in the Escrow Agreement which terms and conditions are hereby approved and incorporated herein by reference. The registrar for the Refunded Bonds are authorized and directed to send a copy of the Notice of Call for Redemption to the registered holder of the Refunded Bonds. 5.07. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor and the City Clerk are hereby authorized and directed to execute the Escrow Agreement with the Escrow Agent on behalf of the City in substantially the form now on file with the City Clerk. All essential terms and conditions of the Escrow Agreement including payment by the City of Resolution No. 17-38 -13-June 20, 2017 reasonable charges for the services of the Escrow Agent, are hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. SECTION 6. Authentication of Transcript. 6.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. Certificates as to Official Statement. The Mayor, City Manager, City Clerk and Finance Director, or any of them, are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. SECTION 7. Tax Covenants. 7.01. Tax Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds and the rebate of excess investment earnings to the United States (unless the City qualifies for any exemption from rebate requirements based on timely expenditure of proceeds of the Bonds, in accordance with the Code and applicable Treasury Regulations). 7.02. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 7.03. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; Resolution No. 17-38 -14-June 20, 2017 (b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2017 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code. (e) the Bonds are not issued as part of an issue with an aggregate face amount in excess of $10,000,000. 7.04. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. SECTION 8. Book-Entry System; Limited Obligation of City. 8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or Resolution No. 17-38 -15-June 20, 2017 interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. SECTION 9. Continuing Disclosure. 9.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.02. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Clerk Resolution No. 17-38 -16-June 20, 2017 and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 10. Defeasance. When all Bonds (or any portion thereof) and all accrued interest thereon have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds (or respective portion thereof) will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds (or respective portion thereof) which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full or by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, or any other security authorized under Minnesota law for such purpose, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) Resolution No. 17-38 -17-June 20, 2017 _____________________________ 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. 17-38 -18-June 20, 2017 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF GOLDEN VALLEY ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Golden Valley, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, June 20, 2017 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $7,710,000 General Obligation Improvement and Equipment Bonds, Series 2017A of the City. WITNESS My hand officially as such City Clerk of the City this ____ day of June, 2017. City Clerk Golden Valley, Minnesota Resolution No. 17-38 -19-June 20, 2017 EXHIBIT A PROPOSALS Resolution No. 17-38 -20-June 20, 2017 EXHIBIT B No. R-____UNITED STATES OF AMERICA $__________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN VALLEY GENERAL OBLIGATION BOND, SERIES 2017A Rate Maturity Date of Original Issue CUSIP February 1, 20__ _________ , 2017 Registered Owner: Cede & Co. The City of Golden Valley, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $____ on the maturity date specified above, unless called for earlier redemption, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2018, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2026, and on any date thereafter to prepay 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 order as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. 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. Prepayments will be at a price of par plus accrued interest. The City has designated the issue of Bonds of which this Bond forms a part as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial institutions. Resolution No. 17-38 -21-June 20, 2017 This Bond is one of an issue in the aggregate principal amount of $7,710,000 all of like original issue date and tenor, except as to number, maturity date, interest rate, denomination and redemption privilege, all issued pursuant to a resolution adopted by the City Council on June 20, 2017 (the “Resolution”), for the purpose of providing money to finance (i) various assessable public improvements in the City, (ii) various items of capital equipment and (iii) to refund in advance of maturity and on their redemption dates as set forth in the Resolution a portion of certain general Obligation Improvement Bonds of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 412, 429, and 475, as amended, and Section 475.67, subdivisions 3 and 13. The principal hereof and a portion of the interest hereon are payable from special assessments levied against property specially benefited by local improvements, ad valorem taxes for the City’s share of the cost of improvements, and ad valorem taxes. The remaining portion of the interest hereon, payable until February 1, 2019, is payable out of the Escrow Account in the City’s General Obligation Improvement and Equipment Bonds, Series 2017A Debt Service Fund (the “Escrow Account”), all as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments, and ad valorem taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution, Charter of the City and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional; statutory or charter limitation of indebtedness. Resolution No. 17-38 -22-June 20, 2017 This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Golden Valley, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF GOLDEN VALLEY, MINNESOTA (Facsimile)(Facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Its Authorized Representative ______________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________ in common (Cust)(Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ______________________________________ Resolution No. 17-38 -23-June 20, 2017 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _______________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice:The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee Resolution No. 17-38 -24-June 20, 2017 PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 Resolution No. 17-38 -25-June 20, 2017 EXHIBIT C 2017 Improvement Bonds Levy Tax Levy Levy Year Collect Year Amount 2017 2018 $ 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 2028 2029 2029 2030 2030 2031 2031 2032 2032 2033 2033 2034 2034 2035 2035 2036 2036 2037 Resolution No. 17-38 -26-June 20, 2017 EXHIBIT D Equipment Certificates Levy Tax Levy Levy Year Payment Year Amount 2017 2018 $ 2018 2019 2019 2020 Resolution No. 17-38 -27-June 20, 2017 EXHIBIT E 2009A Refunding Bonds Levy Tax Levy Levy Year Payment Year Amount 2018 2019 $ 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 Resolution No. 17-38 -28-June 20, 2017 STATE OF MINNESOTA CERTIFICATE OF TAXPAYER SERVICES DIVISION MANAGER AS TO TAX LEVY, CANCELLATION COUNTY OF HENNEPIN AND REGISTRATION I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Golden Valley, Minnesota, on June 20, 2017, levying taxes for the payment of $7,710,000 General Obligation Improvement and Equipment Bonds, Series 2017A of said municipality, dated July 20, 2017, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. I further certify that the tax levies for the General Obligation Improvement Bonds, Series 2009A have been canceled for the years and to the extent set forth in the resolution. WITNESS My hand and official seal this ____ day of ____________, 2017. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) Deputy Resolution 17-39 June 20, 2017 Member introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,935,000 GENERAL OBLIGATION TAX INCREMENT AND IMPROVEMENT BONDS, SERIES 2017B FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Golden Valley, Minnesota (the “City”) in a regular meeting assembled as follows: SECTION 1. Sale of Bonds 1.01. Improvement Bonds. It is determined that: (a) assessable public infrastructure improvements (the “Improvement Project”) have been duly ordered by the City; (b) the City is authorized by Minnesota Statutes, Chapter 429 (the “Improvement Act”), to finance all or a portion of the cost of the Improvement Project by the issuance of general obligation bonds of the City payable from special assessments levied against benefited property and ad valorem taxes. 1.02. Tax Increment Bonds. It is also determined that: (a) the City and the Housing and Redevelopment Authority of the City of Golden Valley (the “HRA”) have duly established the Highway 55 West Redevelopment Area (the “Redevelopment Project Area”) which is a “redevelopment project” under Minnesota Statutes, Sections 469.001 to 469.047, as amended (the “HRA Act”); (b) the City and the HRA have duly established the Tax Increment Financing (Renewal and Renovation) District within Highway 55 West Redevelopment Project Area (the “TIF District”) within the Redevelopment Project Area pursuant to the Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”); (c) the City is authorized by Section 469.178 of the TIF Act to issue and sell its general obligation bonds to pay all or a portion of the public redevelopment costs (the TIF Project”) identified in the Modification No. 2 to the Tax Increment Financing Plan for Tax Increment Financing (Renewal and Renovation) District within Highway 55 West Redevelopment Project Area (the “TIF Plan”); 1.03. Authorization to Negotiate. The City is authorized by Minnesota Statutes, Section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained a municipal advisor in connection with such sale. The City has retained Springsted Incorporated (the “Municipal Advisor”) as its municipal advisor in connection with the sale of the Bonds and the actions of the City staff and the City’s municipal advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. Resolution No. 17-38 -2-June 20, 2017 1.04. Issuance of Bonds. The City has determined that it is necessary and expedient to the sound financial management of the affairs of the City to issue general obligation improvement bonds (the “Improvement Bonds”) and general obligation tax increment bonds (the “TIF Bonds”) as one issue of bonds entitled the General Obligation Tax Increment and Improvement Bonds, Series 2017B (the “Bonds”), in the original aggregate principal amount of $1,935,000, to provide financing for the Improvement Project and the TIF Project. 1.05. Award to the Purchaser and Interest Rates. The proposal of ___________ in ___________, ____________ (the “Purchaser”) to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $___________ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2019 %2024 % 2020 2025 2021 2026 2022 2027 2023 2028 1.06. Purchase Contract. Any original issue premium and any rounding amount shall be credited to the Improvement Account or the TIF Account of the Debt Service Fund, the Improvement Project Construction Fund, or the TIF Project Construction Fund hereinafter created under Section 3.01 hereof, as determined by the City’s Municipal Advisor and the City Finance Director. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.07. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Improvement Act, the TIF Act and Minnesota Statutes, Chapter 475, (collectively, the “Act”), in the total principal amount of $1,935,000, originally dated the date of issuance, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered No. R-1 and upward, bearing interest as above set forth, and maturing on February 1 in the years and amounts as follows: Year Amount Year Amount 2019 $100,000 2024 $200,000 2020 200,000 2025 205,000 2021 200,000 2026 210,000 2022 205,000 2027 205,000 2023 200,000 2028 210,000 $765,000 of the Bonds (the “Improvement Bonds”) maturing in the amounts and on the dates set forth below are being issued to finance certain public improvement costs which are secured by special assessments against property benefited by such improvements (the “Assessments”): Resolution No. 17-38 -3-June 20, 2017 Year of Maturity Amount Year of Maturity Amount 2019 $85,000 2024 $75,000 2020 80,000 2025 75,000 2021 80,000 2026 75,000 2022 80,000 2027 70,000 2023 75,000 2028 70,000 The remaining $1,170,000 of the Bonds (the “TIF Bonds”) maturing in the amounts and on the dates set forth below are being issued to finance the certain public improvement costs within the TIF District which are secured by certain tax increments derived from or transferred into the TIF District to the extent pledged to the City by the EDA pursuant to the Pledge Agreement defined in Section 3.04 (“Pledged Tax Increments”): Year of Maturity Amount Year of Maturity Amount 2019 $15,000 2024 $125,000 2020 120,000 2025 130,000 2021 120,000 2026 135,000 2022 125,000 2027 135,000 2023 125,000 2028 140,000 As may be requested by the Purchaser, one or more term Bonds (“Term Bonds”) may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). 1.08. Optional Redemption. The City may elect on February 1, 2025, and on any day thereafter to prepay 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 will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 6 hereof) of the particular amount of such maturity to be prepaid. 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. Prepayments will be at a price of par plus accrued interest. SECTION 2. Form; Registration. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of Resolution No. 17-38 -4-June 20, 2017 original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2018, to the registered owners of record as of the close of business on the 15th day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar will keep at its principal corporate trust office a bond register in which the Registrar will provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the 15 th day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Any Bonds surrendered upon a transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums to be paid. Resolution No. 17-38 -5-June 20, 2017 (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond becomes mutilated or be destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar will be named as obligees. All Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it will not be necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation will be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the City Finance Director will transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and will be executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that all signatures may be printed, Resolution No. 17-38 -6-June 20, 2017 engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds will cease to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, no Bond will be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on a Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond will be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser will not be obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Exhibit B with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 2.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the form attached hereto as Exhibit B. 2.08. Approving Legal Opinion. The City Finance Director will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. SECTION 3. Payment; Security; Pledges and Covenants. 3.01.(a)Debt Service Fund and Accounts Maintained in the Debt Service Fund. The Bonds are payable from the Tax Increment and Improvement Bonds, Series 2017B Debt Service Fund (the “Debt Service Fund”) hereby created. The City will maintain an Improvement Project Account (the “Improvement Account”) and a Tax Increment Project Account (the “TIF Account”) in the Debt Service Fund. (b) Improvement Account. The City Finance Director will timely deposit, except as provided in Section 3.01(d), in the Improvement Account the special assessments levied against the property specially benefited by the Improvements (the “Assessments”) and taxes levied or to be levied and allocated to the payment of debt service on the Improvement Bonds (the “Taxes”), which Assessments and Taxes are pledged to that account of the Debt Service Fund, except as provided in Section 3.01(d). There is also appropriated to the Improvement Account of the Debt Service Fund (i) a pro rata portion any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the to the Improvement Account of the Debt Service Fund in accordance with Section 1.06 hereof; (ii) all investment earnings on funds in the Improvement Account; and (iii) any and all other moneys Resolution No. 17-38 -7-June 20, 2017 which are properly available and are appropriated by the City Council to the Improvement Account. If a payment of principal or interest on the Improvement Bonds portion of the Bonds becomes due when there is not sufficient money in the Improvement Account to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when received. (c) TIF Account. The City Finance Director will timely deposit in the TIF Account the Pledged Tax Increments that are pledged to that account of the Debt Service Fund. There is also appropriated to the Improvement Account of the Debt Service Fund (i) a pro rata portion any amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the to the TIF Account of the Debt Service Fund in accordance with Section 1.06 hereof; (ii) all investment earnings on funds in the TIF Account; and (iii) any and all other moneys which are properly available and are appropriated by the City Council to the TIF Account. If a payment of principal or interest on the TIF Bonds portion of the Bonds becomes due when there is not sufficient money in the TIF Account to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Pledged Tax Increments when collected. (d) Improvement Project Construction Fund. Proceeds of the Improvement Bonds, less the appropriations made in Section 3.01(b) hereof, together with any other funds appropriated for the Improvement Project and the Assessments and Taxes collected during the construction of the Assessable Improvements, will be deposited in an separate construction fund (the “Improvement Project Construction Fund”) to be used solely to defray expenses of the Improvement Project and the payment of principal of and interest on the Improvement Bonds prior to the completion and payment of all costs of the Improvement Project. Any balance remaining in the Improvement Project Construction Fund after completion of the Improvement Project may be used to pay the cost in whole or in part of any other improvement instituted under the Improvement Act, under the direction of the City Council. Unless otherwise provided by the City Council, when the Improvement Project is completed and the cost thereof paid, the Improvement Project Construction Fund is to be closed and any subsequent collections of the Assessments are to be deposited in the Improvement Account of the Debt Service Fund. (e) TIF Project Construction Fund. Proceeds of the Bonds, less the appropriations made in paragraph (c), together with any other funds appropriated by the City for the TIF Project will be deposited in an separate construction fund (the “TIF Project Construction Fund”) to be used solely to defray expenses of the TIF Project and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the TIF Project. When the TIF Project is complete and the cost thereof paid, the TIF Project Construction Fund will be closed and any balance therein will be deposited in the TIF Account of the Debt Service Fund. Resolution No. 17-38 -8-June 20, 2017 3.02. Covenants Relating to Assessments. It is hereby determined that the Improvement Project will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvement Project to be promptly levied so that the first installment will be collectible not later than 2018 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each improvement financed wholly or partly from the proceeds of the Improvement Bonds portion of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Improvement Bonds portion of the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments and Improvement Bond Taxes, the City Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvement Project, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 3.03. Pledge of Taxes. The principal of and interest on the Bonds will be paid in part from Assessments, Pledged Tax Increments and Taxes. It is determined that at least 20% of the cost of the Improvement Project will be specially assessed against benefited properties and that 100% of the cost of the TIF Project will be paid from Pledged Tax Increments. (a) For the purpose of paying the principal of and interest on the Improvement Bonds portion of the Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such Taxes will be credited to the Improvement Account above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Levy (See Exhibit C) The tax levy herein provided will be irrepealable until all of the Improvement Bonds are paid, provided that the City Finance Director may annually, at the time the City makes its tax levies, certify to the Taxpayer Services Division Manager the amount available in the Improvement Account of the Debt Service Fund to pay Resolution No. 17-38 -9-June 20, 2017 principal and interest due during the ensuing year on the Improvement Bonds, and the Taxpayer Services Division Manager will thereupon reduce the levy collectable during such year by the amount so certified. 3.04. Pledge Agreement. A Tax Increment Pledge Agreement between the City and the HRA (the “Pledge Agreement”) is hereby approved and shall be executed in substantially the form on file with the City, with such additions, deletions, and other changes as are approved by the City Clerk. The Pledge Agreement is to be executed and delivered in order to satisfy the requirements of Minnesota Statutes, Section 469.178, subdivision 2, and Sections 475.58, Subdivision 1, and 475.61, subdivision 1, of the Act. The Pledge Agreement creates rights in the City and the HRA but is not intended to create duties or obligations of the City or the HRA to any other persons (including the beneficial or registered owners of the Bonds) with respect to the Pledged Tax Increments or other revenues described or referenced in the Pledge Agreement, except to the extent required by applicable law, and is not intended to create rights in or claims by any other persons (including the beneficial or registered owners of the Bonds) with respect to the Pledged Tax Increments or other revenues described or referenced in the Pledge Agreement, except to the extent required by applicable law. The City and the HRA may pledge Pledged Tax Increments to any other obligation on a parity basis with the pledge hereunder, and may release the pledge of any tax increments hereunder, including release of any parcel within any of the TIF District, so long as the remaining pledged tax increments are reasonably expected to pay at least 20% of the principal and interest when due on the outstanding Bonds. 3.05. Tax Increments. The City hereby appropriates Pledged Tax Increments to the TIF Account of the Debt Service Fund, which appropriation is sufficient to pay more than 20% of the principal of an interest on the TIF Bonds and shall continue until all of the TIF Bonds and any additional bonds payable from the Debt Service Account, are paid or discharged. The City hereby expressly reserves the right to use the Pledged Tax Increments to pay principal and interest on the TIF Bonds and to finance other costs set forth in the applicable TIF Plan not financed hereby or to finance costs of other projects to be undertaken from time to time within the Redevelopment Project Area in accordance with the Redevelopment Plan therefor and the TIF Plan, as they may from time to time be amended. 3.06. Certification to Taxpayer Services Division Manager of Hennepin County as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments, Pledged Tax Increments, and the foregoing Taxes will produce at least 5% in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Finance Director may certify to the Taxpayer Services Division Manager of Hennepin County (the “Taxpayer Services Division Manager”) the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during such year by the amount so certified. 3.07. Taxpayer Services Division Manager’s Certificate as to Registration. The City Clerk is directed to file a certified copy of this Resolution with the Taxpayer Services Division Manager and obtain the certificate required by Minnesota Statutes, Section 475.63. Resolution No. 17-38 -10-June 20, 2017 SECTION 4. Authentication of Transcript. 4.01. City Proceedings and Records. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 4.02. Certification as to Official Statement. The Mayor, City Manager, City Clerk and City Finance Director, or any of them, are hereby authorized and directed to certify that they have examined the Official Statement, prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. SECTION 5. Tax Covenant. 5.01. Tax Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 5.02. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds and the rebate of excess investment earnings to the United States to the extent an exemption or exception is not available to the City and the Bonds. 5.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or the Improvement Project or the TIF Project or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 5.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax- exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; Resolution No. 17-38 -11-June 20, 2017 (b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2017 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2017 have been designated for purposes of Section 265(b)(3) of the Code. 5.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. SECTIN 6. Book-Entry System; Limited Obligation of City. 6.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.07 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 6.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Resolution No. 17-38 -12-June 20, 2017 Upon delivery by DTC to the City Finance Director of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Finance Director will promptly deliver a copy of the same to the Registrar and Paying Agent. 6.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 6.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. SECTION 7. Continuing Disclosure. 7.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 7.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Resolution No. 17-38 -13-June 20, 2017 SECTION 8. Defeasance. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. _____________________________ 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. 17-38 -14-June 20, 2017 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF GOLDEN VALLEY ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Golden Valley, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 20, 2017 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $1,935,000 General Obligation Tax Increment and Improvement Bonds, Series 2017B of the City. WITNESS my hand officially as such City Clerk this ____ day of ___________, 2017. City Clerk Resolution No. 17-38 -15-June 20, 2017 EXHIBIT A PROPOSALS Resolution No. 17-38 -16-June 20, 2017 EXHIBIT B No. R-_____ UNITED STATES OF AMERICA $__________ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN VALLEY GENERAL OBLIGATION TAX INCREMENT AND IMPROVEMENT BOND, SERIES 2017B Rate Maturity Date Date of Original Issue CUSIP February 1, 20__July 20, 2017 Registered Owner: Cede & Co. The City of Golden Valley, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal amount specified above on the Maturity Date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2018, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2025, and on any day thereafter to prepay 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 principal amounts, maturities and manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. 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. Prepayments will be at a price of par plus accrued interest. The City has designated the Bonds as “qualified tax-exempt obligations” pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. This Bond is one of an issue in the aggregate principal amount of $1,935,000 all of like original date and tenor, except as to number, maturity date, redemption privilege and Resolution No. 17-38 -17-June 20, 2017 interest rate, issued pursuant to a resolution adopted by the City Council on June 20, 2017 (the “Resolution”), for the purpose of providing monies aid in financing the costs of certain local infrastructure improvements, and certain public redevelopment costs of projects in the Highway 55 West Redevelopment Area established by the Housing and Redevelopment Authority of the City of Golden Valley (the “HRA”), and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429, 469 and 475, and the principal hereof and interest hereon are payable in part from special assessments levied against property specially benefited by local improvements, in part from certain tax increment revenues resulting from increases in assessed valuation of real property in the HRA’s Tax Increment Financing (Renewal and Renovation) District within Highway 55 West Redevelopment Project Area pledged by the HRA under a Tax Increment Pledge Agreement between the HRA the City dated as of the date hereof (the “Pledge Agreement”), and in part from ad valorem taxes as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments, pledged tax increments and taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed preliminary to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner, that prior to the issuance of this Bond the City Council of the City of Golden Valley has provided funds for the payment of principal and interest on the Bonds of this issue as the same become due, and the full faith and credit of the City is pledged for their payment and additional taxes will be levied, if required for such purpose, without limitation as to the rate of amount; and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional, or statutory limitation thereon. Resolution No. 17-38 -18-June 20, 2017 This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Golden Valley, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk, the corporate seal having been intentionally omitted as permitted by law, and has caused this Bond to be dated as of the date set forth below. Dated: __________, 2017 CITY OF GOLDEN VALLEY, MINNESOTA (Facsimile) Mayor (Facsimile) City Clerk CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative _________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: Resolution No. 17-38 -19-June 20, 2017 TEN COM -- as tenants in common UNIF GIFT MIN ACT _________ Custodian _________ (Cust)(Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors Act, State of _______________ JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used though not in the above list. ________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ____________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ____________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice:The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Resolution No. 17-38 -20-June 20, 2017 Please insert social security or other identifying number of assignee ________________________________________ PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 Resolution No. 17-38 -21-June 20, 2017 EXHIBIT C Improvement Bond Levy Levy Year Collection Year Amount 2017 2018 $ 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 Resolution No. 17-38 -22-June 20, 2017 STATE OF MINNESOTA COUNTY OF HENNEPIN CERTIFICATE OF TAXPAYER SERVICES DIVISION MANAGER AS TO TAX LEVY AND REGISTRATION AND FILING OF TAX INCREMENT PLEDGE AGREEMENT I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Golden Valley, Minnesota, on June 20, 2017, levying taxes for the payment of $1,935,000 General Obligation Tax Increment and Improvement Bonds, Series 2017B, of said municipality dated the dated July 20, 2017, together with the Tax Increment Pledge Agreement between the City and the Housing and Redevelopment Authority of the City of Golden Valley, dated July 20, 2017, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this _____ day of _________________, 2017. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) Deputy Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 6. C. METRO Blue Line Extension Update Prepared By Jason Zimmerman, Planning Manager Summary Questions about the availability of funding from the Federal Transit Administration (FTA) under the President’s proposed budget have resulted in delays in the anticipated opening of the METRO Blue Line Extension. Originally scheduled for full operation in late 2021, the new target date is mid 2022. A typical requirement of receiving federal funding is the dedication of local funding for 50% of the project cost. Partly as a result of the failure of the state legislature to fund its proposed share, the Counties Transit Improvement Board (CTIB) voted to disband - a move which will allow Hennepin County to increase its sales tax and dedicate additional money to both the Bottineau and to the Southwest light rail lines, thereby covering the local share. The President’s proposed budget for the FTA does not include funding for Southwest or Bottineau. However, Congress may still choose to fund these projects. If this happens, construction would begin in 2019 instead of 2018 as originally proposed. Design of the line has been completed to the 60% level. 90% plans are scheduled to be completed by the end of 2017 and the final 10% design would be completed by the spring of 2018. The Project Office still intends to move forward with a handful of early construction projects, including the reconstruction of the Theodore Wirth Parkway bridge. Work funded through Hennepin County’s FTA grant will also continue to go forward, including a study of potential zoning tools that could be implemented at stations along the line to require compatible transit oriented development. Golden Valley will also explore the feasibility of a circulator to connect riders to employment centers and the downtown. Recommended Action Motion to receive and file METRO Blue Line Extension Update. Executive Summary For Action Golden Valley City Council Meeting June 20, 2017 Agenda Item 6. D. Second 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. The first consideration of this ordinance was presented at the June 6, 2017, Council meeting. If Council adopts the ordinance on second consideration, it would become 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 second consideration Ordinance #621, amending 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. § 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 20 th day of June, 2017. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk