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04-20-11 Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Wednesday, April 20, 2011 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - March 1, 2011 and Council/Manager 3-9 Meeting - March 8, 2011 B. Approval of Check Register 10 C. Licenses: 1. Solicitor's License - Clean Water Action 11-13 2. Solicitor's License - Window Concepts of MN, Inc. 14-16 D. Minutes of Boards and Commissions: 1. Planning Commission - March 14, 2011 17-32 2. Joint Water Commission - February 2, 2011 33-35 E. Letters, Emails and/or Petitions: 1. Email from Christopher Jordan Regarding Resignation from Human Rights 36 Commission 2. Email from Joel Shinder Regarding Street and Storm Sewer Issues on Major 37 Drive F. Bids and Quotes 1. Asphalt Overlay - Quotes 38-40 2. Sealcoat - Quotes 41-43 G. Proclamation for National Public Works Week - May 15-21 44-45 H. Authorization to Sign Third Amended and Restated Joint and Cooperative Agreement 46-51 for Public Safety Purchasing 11-12 I. Appointments to Northwest Suburbs Cable Communications Commission and 52-53 Northwest Community TV Board of Directors 4. PUBLIC HEARINGS 7 PM A. Continued Public Hearing - Ordinance #458 - Conditional Use Permit 130 - 7550 54-73 Wayzata Boulevard - Neptune Society, Applicant B. Public Hearing - Preliminary Plat Approval - 6210 and 6224 Wayzata Boulevard - 74-85 Venture Bank, Applicant C. Public Hearing - Special Assessments - 2011 Pavement Management Area 11-13 86-90 5. OLD BUSINESS 6. NEW BUSINESS A. Authorization to Sign Amended PUD Permit - Menard Inc. - PUD No.75, Amendment 91-97 No. 4 B. Authorizing Issuance and Sale of: 98-134 1. $1,840,000 General Obligation Street Improvement Bonds, Series 2011A 11-14 2. $655,000 General Obligation Equipment Certificates of Indebtedness, Series 2011B 11-15 3. $5,110,000 General Obligation Improvement Refunding Bonds, Series 2011C 11-16 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT Regular Meeting of the City Council March 1, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on March 1, 2011 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. State of the City Video Presentation The State of the City video was shown at the meeting. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously requested that under Old Business Ordinance #455, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) be placed on the table for discussion. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of March 1, 2011 as amended: Addition of Old Business - Ordinance #455, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs). Approval of Consent Agenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the consent agenda of March 1, 2011 as amended: Removal of Authorization to Sign Agreement with Minnesota Department of Natural Resources for Tree Planting Grant. *Approval of Minutes - City Council Meeting - January 18, 2011 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the City Council Meeting minutes of January 18, 2011 as submitted. *Approval of Check Register MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council March 1, 2011 Page 2 *Gambling License Exemption and Waiver of Notice Requirement - Children's HeartLink MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Children's HeartLink. *Gambling License Exemption and Waiver of Notice Requirement - Church of Christ the King MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of Christ the King. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - January 10, 2011 Envision Connection Project Board of Directors - December 16, 2010 *2011 Pavement Management Program - Bids; Authorization to Sign Agreement with SEH, Inc. for Construction Observation and Engineering Services; Authorization to Sign Agreement with Xcel Energy for Relocation of Decorative Streetlights and Purchase Hydrants MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the bid for the 2011 Pavement Management Program from the lowest responsible bidder, Northwest Asphalt for $1,867,851.48. The bids were as follows: Northwest Asphalt $1,867,851.48 Palda & Sons, Inc. $1,936,210.29 Burschville Construction $2,057,122.25 Valley Paving $2,064,341.12 GMH Asphalt $2,125,137.83 Forest Lake Contracting $2,272,329.38 Kuechle Underground $2,371,086.37 C.S. McCrossan Construction, Inc. $2,372,140.18 Park Construction $2,435,441.27 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the contract with SEH, Inc. for construction, staking, and engineering services for the 2011 Pavement Management Program for an amount not to exceed $66,700. Regular Meeting of the City Council March 1, 2011 Page 3 *2011 Pavement Management Program - Bids; Authorization to Sign Agreement with SEH, Inc. for Construction Observation and Engineering Services; Authorization to Sign Agreement with Xcel Energy for Relocation of Decorative Streetlights and Purchase Hydrants - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize signing an agreement with Xcel Energy Outdoor Lighting to replace decorated streetlights and appurtenances in the 2011 Pavement Management Program for an amount not to exceed $22,625. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to purchase hydrants in the 2011 Pavement Management area from the lowest responsible bidder, Dakota Supply Group for $20,872.69, including tax. The bids were as follows: Dakota Supply Group $20,872.69 Water Products $21,161.25 Authorization to Sign Agreement with Minnesota Department of Natural Resources for Tree Planting Grant Council Member Pentel requested that the nature area on Adeline Lane be added to the list of areas designated for additional tree planting. Jeannine Clancy answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-7 RESOLUTION AUTHORIZING GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF GOLDEN VALLEY FOR THE GENERAL OBLIGATION BOND PROCEEDS DESIGNATED FOR TREE PLANTING ON PUBLIC PROPERTY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Receipt of January 2011 Financial Reports MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the January 2011 Financial Reports. Regular Meeting of the City Council March 1, 2011 Page 4 Public Hearing - First Consideration - Ordinance #456 - Amending Electric Franchise Fee Ordinance #447 with Northern States Power d/b/a Xcel Energy The following ordinance was MOVED by Shaffer, seconded by Freiberg: ORDINANCE NO. 456, 2ND SERIES Amending Electric Franchise Fee Ordinance No. 447 City of Golden Valley, Hennepin County, Minnesota Jeannine Clancy introduced the agenda item and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve Ordinance #456, 2nd Series on First Consideration. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Ordinance #455, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) Council Member Pentel requested that the dog licensing requirement be discussed at the next Council/Manager meeting. Staff was requested to place the item on the next Council/Manager agenda. Announcements of Meetings The next Council/Manager meeting will be held on March 8, 2011 at 6:30 pm. Some Council Members may attend the Golden Valley Historical Society Meeting on March 10, 2011 at 7 pm at the Golden Valley Historical Society. The Council will conduct a board/commission interview on March 15, 2011 at 6 pm. The next City Council meeting will be held on March 15, 2011 at 6:30 pm. A Bassett Creek Water Management Commission will be held on March 17, 2011 at 11:30 am. Some Council Members may attend the Caring Youth Recognition on March 17, 2011 at 6:30 pm at the Minnetonka Community Center, 14600 Minnetonka Boulevard. Regular Meeting of the City Council March 1, 2011 Page 5 Mayor and Council Communications Mayor Loomis stated that the City was contacted regarding the possibility of using the parking lot under the water tower for a farmer's market. Mayor Loomis and staff met with the person making the request and informed the Council that the item will be placed on a future Council/Manager meeting for discussion. Adjournment The Mayor adjourned the meeting at 7:16 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes March 8, 2011 Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Police Chief Stacy Altonen, Finance Director Sue Virnig, Director of Public Works Jeannine Clancy, Director of Parks and Recreation Rick Jacobson, Graduate Engineer Mitch Hoeft and Administrative Assistant Lisa Wittman. The meeting began at 7:05 pm in the Council Conference Room. Golden Valley Little League Fundraising for Honeywell Field Expansion Golden Valley Little League President Peter Birkeland, stated that they have raised approximately $35,000 of the $67,500 that they've committed to raise for their field expansion project. He added that they feel they have an opportunity to raise additional funds by selling naming rights to the park and/or fields. Mayor Loomis expressed concern about selling naming rights because this property is a city-owned park and typically City parks are named after historical figures. She suggested possibly lending the money to the Little League instead. Tom Burt explained that if naming rights were to be sold all of the proceeds would have to go to the City because no one can profit from city property. He added that the Council will need to consider implications to all of the parks and various organizations that may want naming rights when making their decision. Council Member Scanlon asked about other fundraisers the Little League has done. Chris Hiestand, Golden Valley Little League Fundraising, explained that they have talked to other corporations, have applied for grants and will be selling pavers. He stated that they are optimistic about raising the $67,500 by July and suggested that funds from naming rights could go toward a possible phase two of the project for lights, concession stands or restrooms. The Council consensus was that they are more likely to support allowing naming rights for the fields, than for the park. They suggested that the Little League come back to a future Council/Manager meeting with a detailed proposal that addresses the Council's concerns over naming rights. Formation of Golden Valley Community Foundation Dean Penk of the Envision Connection Board of Directors provided an update to the Council regarding the work the committee has been doing to develop a community foundation in order to help raise, collect and disburse funds to various community groups. He explained that when disbursing funds they will use established criteria, consistent with Envision Golden Valley core ideas. He added that they plan to file the incorporation papers with the State within the next month or so. The Council thanked Mr. Penk and the committee for all of their hard work. Metropolitan Council Environmental Services (MCES) Interceptor Rehabilitation Project Jeannine Clancy introduced Karen Keenan and Seng Thongvanh from MCES to update the Council on the status of the 1-GV-461 Interceptor Rehabilitation Project. Council/Manager Meeting Minutes March 8, 2011 — Page 2 Ms. Keenan showed the Council a map of the project area. She discussed how the project will be implemented including temporary conveyance of wastewater, street and driveway impacts, tree impacts, traffic control, road closures/disturbances and site restoration. She also discussed the communication plans and how residents will be notified before work begins. Clancy added that staff will keep the City Council updated in the Weekly Report and that residents will be contacting Metropolitan Council staff rather than City staff with questions or concerns. Reconsidering of Amendment to Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) Council Member Pentel stated that she asked that this item be brought back for discussion. She said after hearing from more residents it started to make sense to discontinue dog licensing because the fee the City collects doesn't offset the cost of the licenses, dogs are commonly identified using a microchip rather than license information and there is already a requirement to have vaccination information on the dog's tags. The Council discussed compliance and enforcement issues, the number of licenses issued, the number of dogs impounded last year and the expense to keep licenses up to date. They also discussed the public purpose of having a licensing requirement. Stacy Altonen stated that the advance in the technology of microchips make them far more prevalent than licenses. She added that the issue isn't really about compliance but that licenses are not the main way staff identifies dogs and that the existing process is not cost effective. Council Members Shaffer and Freiberg expressed concern about discontinuing the dog license requirement. Tom Burt said he would bring a new ordinance without the licensing provisions to a future City Council meeting. December 2010 Financial Reports Sue Virnig referred to the December 2010 financial reports compared to the 2010 adopted/estimated budget and stated that staff is recommending a total of$900,000 be transferred out of the general fund as follows: $300,000 to the employee benefits fund and $600,000 to the equipment replacement fund. The Council agreed with the proposed transfers. Virnig indicated that the resolution would be placed on the agenda of the next regular Council meeting for formal consideration by the Council. Interest Rate for 2011 Pavement Management Program (PMP) Special Assessments Sue Virnig reminded the Council that they directed staff to review the interest rate charged for special assessments to consider adding 2% to the bond interest rate. Council agreed to use a 6% interest rate for the 2011 PMP based on the estimated rate provided by Springsted. Virnig stated that the call for the Special Assessment Public Hearing will be on the next regular Council meeting agenda The meeting adjourned at 8:20 pm. Lisa Wittman Administrative Assistant Cozy Go Vail P 76 V 3-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. City Administration/Council Go ide 763-5Memorandum 93-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. C. 1. Solicitor's License - Clean Water Action Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Clean Water Action. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ 60 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler olicitor (circle on Enclose the sum of$ nd for (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. C1tzun W d -ev l cti (Business or Individual Name or Organization to be Licensed) 23 - 3-I2S(oij (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business i t (! t" -- TY -1-- ViVbnilti ll4-i 0 # ' g 0.._i 14 (Corporation, Proprietorship, Partnership, Non-Profit, State of I •rporation or Individual) 0 E Iit n r.*1 ?i n M&e. (Address) M 10 wit aeo lis VA t J 55141 y City, State and Zip Code) (AZ — toil" — 1G0 2) (Telephone Number, including Area Code) NOW, THEREFORE, Clew ViQi-{,r Atalor-- hereby makes application for (Applicant Name) period of ii I ZD 1, through 6/30/i l , subject to the conditions and provisions of said City Code. Y77( (Signature • Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): So 1 i C it i hG1 n 1 5— op S u l E S 7 I N L e m_l y re Cv a •- QISa leittis 413 Polio __ 2,t's_ - - NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: 30t, . fttb \L i Y\ Pc\ P H (s Mtn 55q/4 (pii ° e(cr.- 6165 i9 t2 — 102l- -1608 c l n v\a. kv. 6v 1 teN U . S 1. C-4 (If more space is needed, attach additional sheets) STATE OFI01 04 ) ss. COUNTY OF fit fpiN ) I, 5IM t t y( lade- of Cie h1 rt t-v +ate (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. ' 1■11110 iii/// Signaturof Applicant/Principal Officer) Subscribed and sworn to before me this day of , 201/ Al 1.•�� / 1 ,; s JUDITH A. NALLY (Signature) - .'t* NOTARY PUBLIC-MINNESOTA ' fly Coomibtai Win A .St.IOU C, a en G Memorandum City Administration/Council Va!!ey 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. C. 2. Solicitor's License - Window Concepts of MN, Inc. Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Window Concepts of MN, Inc. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION 00 TO: Golden Valley City Council Fee Paid: $ 5 0 . 7800 Golden Valley Road Number of Persons: ( \ Golden Valley, MN 55427 Type of License: Peddler olicitor (circle one) Enclose the sum of$ v 0")-5—'—for / I (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. WsrtionNi kl&ttifst- tyr-ww 't,-(q,,. (Business or Individual Name or Organization to be Licensed) f 41 - \Business ID or FEIN (Federal ID) for Business Licenses) Define BusinesAme t7 \il (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) GM Lune- DiJ_- e_ L 9--.e: (Address) i State and Zip Code) City, p ) '` q vc— 01 txg (Telephone Number, including Area C e) NOW, THEREFORE, A VdtAO(V\ c ot4A, hereby makes application for (Applicant Name) period of_ fl/,�/1 through, °124/0-, subject to the conditions and provisions of said City C••e. 4,41 0/1110L. ( 'ature • ' A %'r cant/Pri cipal Officer) Descri• •n of goods or services for sale (include prices) or indicate if soliciting donations. If m re space is needed, attach additional sheets (be specific): (�C ) „v, test �S# �AA-G - S NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of n411es and addresses of all pers n n a e in eddli g or soliciting in thAe City: C.-22 Z �, R of M ..../1 t o �b AJOiC i di. c.� .4.4- M, I P t^v`S o+, ( l 0 6/4 5/%1.1 t©n re" v4707 i"1""11 5y it/ru Dot tO 3Z i-4-04,11 , ,/ v ftke &,j 11 �► 'Z/ z �� rcA �' ( _ �. O ` U e r � S Y 0.w\. IA( I V .111111l.74. r ,A`t t v 1,<-e.r r Ai(/' t (MA/ r c/o re k c J (-e_ ();/1 ,e s (If more space is needed, attach additional sheets) STATE OF ) ss. COA40TY 9F ) �� d t TOrl�`� . of k ILK\ CD 1 t COS (Offi er/Individual) (Name of Organization)J being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Alai Alga PA Stwounairee WIUMNI3111110.111111 Signature • App A icant/Principal 0•-icer) Subscribed and sworn to before me this _ I day of o-.0!( , 2. l (Signature) Regular Meeting of the Golden Valley Planning Commission March 14, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, March 14, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Kluchka, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, Planning Intern Michael Simmons and Administrative Assistant Lisa Wittman. Commissioner McCarty was absent. 1. Approval of Minutes February 13, 2011 Regular Planning Commission Meeting Eck referred to the third sentence in the fifth paragraph on page 3 and stated the word "to" should be changed to the word "the." MOVED by Kluchka, seconded by Cera and motion carried unanimously to approve the February 13, 2011 minutes with the above noted correction. 2. Informal Public Hearing — Conditional Use Permit— 7550 Wayzata Blvd — CU-130 Applicant: Neptune Management Corp. d/b/a Neptune Society Addresses: 7550 Wayzata Blvd Purpose: To allow for a retail sales office for the purpose of selling cremation service plans in the 1-394 Mixed Use Zoning District. Simmons referred to a location map and discussed the applicant's proposal to operate a sales office for the purpose of selling cremation service plans. He explained that no cremation or embalming will occur at this site. However, state law requires that this business receive a "funeral establishment" license which requires them to construct an embalming room. The applicant has stated that they will not use the embalming room. Simmons referred to his staff report and reviewed the ten factors the Planning Commission must consider when reviewing a Conditional Use Permit. Segelbaum referred to the floor plan and asked where the embalming room would be located. Grimes noted that the embalming room is referred to on the floor plan as the prep room. Cera asked why the City is considering this to be a mortuary instead of just a sales office. Simmons stated that because of the required embalming room this proposal is considered to be a mortuary which requires a Conditional Use Permit. Cera stated that requiring the applicant to obtain a funeral establishment license just to have a sales office seems to be a waste of time and money. He suggested the City write a letter to the Legislature regarding eliminating the embalming room requirement. Minutes of the Golden Valley Planning Commission March 14, 2011 Page 2 Waldhauser asked about the parking for this business. Simmons referred to the site plan and noted there are a couple of parking spaces in front of the building. However, the majority of the parking is behind the building. Segelbaum asked what would stop the applicant from embalming at this location in the future if the Conditional Use Permit is approved. Waldhauser noted that the applicant has stated he would write a letter to the City stating that they will not do embalming or cremation at this site. Grimes noted that the applicant doesn't do embalming or cremation at any of their locations so he wouldn't expect that they would do it here. Kluchka questioned if it is relevant to this application if they are doing embalming at this site. Cera said he thinks if the applicant were to operate a crematorium he would need a different type of license. He added that allowing a crematorium would impact the neighboring properties differently than what they've been told is just an office. He suggested adding a condition to the approval that there be no embalming or cremation allowed. Tim Nicholson, President and CEO, Neptune Society, Plantation, FL, stated that the Neptune Society has been in business for 37 years with 40 locations in nine states. He explained that they don't do any type of gatherings, memorial services or visitation services and they don't do any embalming or cremating. Waldhauser asked where those types of functions occur. Nicholson explained they are outsourced to a separate location and said this operation will be strictly a retail sales office. Kluchka asked the applicant if there are any requirements in the licensing law that would prevent them from offering additional services. Nicholson said he believes the license would allow them to do additional services but reiterated that they don't offer embalming or cremation services. Waldhauser asked the applicant to explain how their sales business works. Nicholson stated they will have advertising in newspapers and do direct mailings. He stated they will start with three full time employees; a licensed funeral director, a sales manager and an administrative person with a plan to hire additional sales people in the future. Eck questioned the position of "service manager" shown on the plans. Nicholson stated that is the funeral director who will meet with the families. Waldhauser opened the public hearing. Todd Heilicher, 7600 Wayzata Blvd, said he has no issues with this business but he is concerned about parking. He noted that this company is only taking half of the building so he is concerned about there being enough parking spaces if another tenant moves into the other half of the space. He said there is additional parking available behind the building but he questioned how people will know they are able to park there. Nicholson explained that their employees will park behind the building. He added that there would typically only be one or two families at their office at a time. Grimes said he realizes that the parking on this site is not ideal but staff feels there are enough parking spaces for the types of businesses that can be located there. He suggested that directional signage be added to help direct people to the back of the building to access the additional parking spaces. Minutes of the Golden Valley Planning Commission March 14, 2011 Page 3 Waldhauser asked Heilicher if there have been issues with the parking on his property. Heilicher stated that everyone tries to park as close as possible to the front door. He says he has issues with his tenants parking in the street. Grimes asked Nicholson if they intend to have evening hours. Nicholson said no, their hours would be 8:30 to 5:30. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Schmidgall said he is in favor of this proposal. He agreed the parking situation will need to be managed but it shouldn't stop a business from going in this space. Eck agreed and said he sees no basis to deny the request. Kluchka suggested a condition be added stating that embalming and cremation services cannot be offered. Nicholson said he is concerned about getting his license from the state if that condition is added because he is required to have the embalming room. He stated he is willing to write a letter stating that no bodies will be present at the site. Kluchka stated that a letter from this applicant would not stop a future funeral establishment from doing something different so he wants to have language in the Conditional Use Permit that stays with the property. Segelbaum stated he thinks the state licensing requirements and the review process would be different for cremation services so maybe the proposed condition could separate embalming and cremation. Schmidgall said he is not in favor of adding a condition regarding embalming because the state is requiring them to have an embalming room. Having that condition is complicating a simple process. He added that even if they did offer embalming services he doesn't think it would have an impact on the neighboring property owners. Kluchka suggested adding a second condition stating that employees shall be required to park in the spaces behind the building. Cera said he is in favor of adding the condition regarding embalming because the application states that there won't be any embalming and that is what people have been led to believe. Nicholson reiterated that he is concerned the state won't issue a license if that condition is listed in the Conditional Use Permit. Kluchka suggested the proposed condition be changed to state that if the property use changes to involve cremation or embalming the applicant will have to apply for a new Conditional Use Permit. Schmidgall said he supports this proposal as it has been recommended without any additional conditions. Waldhauser said she would recommend a condition requiring that signage be installed directing employees and customers to park in the back. Eck asked the applicant if bodies are embalmed before they are cremated. Nicholson said no. He added that they haven't done any embalming in 37 years. Eck questioned why some of the Commissioner's had concerns about embalming when cremation doesn't involve embalming. Kluchka said he feels the condition regarding embalming is relevant because he is concerned about the potential future use of the site being used for embalming or cremation without having to come back to the City for a new Conditional Use Permit. Nicholson ensured the Commission that the space is not set up to do embalming. Minutes of the Golden Valley Planning Commission March 14, 2011 Page 4 Grimes suggested attaching the applicant's narrative to the Conditional Use Permit and stating in the Permit that if the conditions change from what is in the narrative the Conditional Use Permit would have to be amended. MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend approval of a Conditional Use Permit to allow for a retail sales office for the purpose of selling cremation service plans at 7550 Wayzata Blvd subject to the following conditions: 1. The site plan shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. Directional signage shall be installed informing customers of parking spaces located behind the building. 5. Employees shall be required to park in the spaces located behind the building. 6. If the property use changes from what is included in the attached narrative the Conditional Use Permit must be amended. 7. All future improvements to the building shall meet the City's Building Code requirements. 8. All other applicable local, state and federal requirements shall be met at all times. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other meetings were discussed. 4. Other Business City Attorney Allen Barnard — Planning Commissioner Training City Attorney Allen Barnard gave a PowerPoint presentation (attached) regarding the role of Planning Commission, communication between Commissioners, review processes and variance regulations. 5. Adjournment The meeting was adjourned at 9:05 pm Lester Eck, Secretary Neptune Society AMERICA'S MOST TRUSTED CREMATION SERVICES February 10, 2011 Mark Grimes, Director of Planning & Development 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Mr. Grimes: As required in the application for Conditional Use Permit, the following is a detail description of Neptune Society's intended use: Detailed Description of Intended Use. The Neptune Society would like to open a retail sales type office in Golden Valley with the purpose of selling Direct Cremation Preneed Service Plans. We have located a professional office site in a mixed use area located at 7550 Wayzata Blvd., Golden Valley, MN 55427. We are currently in the process of entering into a letter of intent with the landlord, conditioned upon any necessary zoning approval. The proposed Neptune Society office will function as an administrative and sales office for the purpose of selling pre-arranged and pre-paid cremation plans and for the purpose arranging immediate need cremation arrangements. It is expected that Neptune Society will physically employ 3 employees to work at this location in the beginning and growing up to 6 over the next 24 months. Neptune Society will also generate jobs and contract with a number of Independent Sales Representatives. (Depending on sale volume, the typical office has 5-20 Independent Sales Representatives.) Please note that while the State of Minnesota will require that this office apply for and receive a "Funeral:Establishment" license to lawfully offer the above named services. Please note that as part of the statutory licensing requirement, Neptune Society will be obligated to construct and maintain an embalming room. (A room that will never be used for that purpose and is unfortunately mandated as a building requirement to obtain a Funeral Establishment License by current State Law on Funeral Establishments.) Our location will be operated solely as a retail sales office and no physical body Page 1 of 4 1250 S. Pine Island Road,Suite 500 • Plantation,FL 33324 • 954-556-9400 • www.neptunesociety.com preparation, mortuary science activities or cremations will occur in this facility. It will be a "Mortuary" in license and in arguable classification only. If necessary, we would be willing to sign documentation agreeing that this facility would not be used for physical body preparations during the term of our lease and use of the facility. The activity of the office will include the sale and administration of pre- arranged and pre-paid cremation plans. Approximately 95 percent of the sales activity will occur outside of the office in customer's homes; however the administrative processing of the sales contracts will be completed on site. A limited number of Immediate need cremation arrangements will also be conducted on site from walk in customers and those not wanting to meet in their home; the balance being arranged by phone and fax. This office will also offer cremation urn merchandise in association with immediate need arrangements. While there may be some Urns on display, urns are typically shipped from the Vendor directly to the customer. Although the Neptune Society will offer immediate need cremation arrangements through the use of outside providers; human remains will never be present at this office other than fully sealed, cremated remains which are processed elsewhere but may be released to family members from this office. All human remains will be removed from the place of death to our off site holding facility at another company's licensed facility for storage and cremation. The Neptune Society does not offer embalming services, formal memorial ceremonies or viewing options on site. We estimate that approximately 15% of the families served from this proposed location would receive cremated remains released from this office during any 12-month period. Cremated remains are released to family members in a regulation container which has been completely sealed and which meets high industry standards and which poses no sort of health or safety risk to anyone. I wish to again reiterate that the activity and function of this office will be that of the professional administration of pre-arranged and pre-paid cremation contracts and cremation arrangements, (retail type transactions) and will in no Page 2 of 4 way include those activates dealing with body processing, mortuary science or funeral services regularly associated with traditional death care service providers, such as traditional funeral homes and mortuaries. Demonstrated Need For The Proposed Use. There is a need for our services, in that according to statistics Minnesota leads the Midwest with the number of cremations. Statistically it is about 46.9% (*in 2009) of all final dispositions in Minnesota are in the form of Cremations. Neptune Society is the industry leader and has been in operation since 1973. The preneed funeral service industry is a highly regulated industry with direct State oversight of our operations, forms, licensing, and trust oversight, etc. At this current date Neptune Society has no active regulatory issues and is in good standing in all States. Neptune Society is a no frills, cremation only, preneed and at need funeral service provider with well over 30 facilities, that currently operates in 9 other states and growing. (AZ, CA, CO, FL, IL, NV, OR, TX, WA,) We provide a low cost alternative to expensive funerals, which could range in cost from $6.000- $19,000 on average depending on the services selected. Consistency with City's Comprehensive Plan. We believe our location selection is appropriate and consistent with the City's Comprehensive Plan for the City. We have selected an office location in a mixed use area which permits the placement of Mortuary's with a Conditional Use Permit. Impact on Property Values. We do not believe the operation of our retail type sale office will have any sort of negative impact on neighboring property values. To the contrary, we will be occupying a currently unoccupied, redeveloped piece of property, is a value added to the neighborhood. Impact on Traffic Generation. Based upon the nature of our service, most sales will occur in the customer's homes, thus we do not anticipate traffic generation or traffic flow complications stemming from our operations. Unlike other or traditional Mortuary or Funeral Home facilities we will not be having services, motorcades and viewings, thus we will not need additional parking, garage space, police funeral procession escort services or staging lanes like a traditional mortuary or funeral home operation might. Page3of4 Impact on Noise Levels. Based upon the fact our function will be that of a retail administrative sales office, we do not anticipate any increase in noise levels caused by our administrative activities. Impact on Odors, Dust, Smoke, Gas or Vibration. Based upon the fact, we will not be processing bodies at this facility; we do not expect any increase in odors, dust, smoke, gas or vibration caused by our proposed administrative / retail use. Visual Appearance. The location selected was recently renovated and upgraded, providing a professional appearance. Our signage will be in conformity with applicable zoning codes, landlord requirements and will be tasteful in nature. Usually our signage includes our name "Neptune Society" and our purple dove logo, similar to that on the top of the letter head. Other Effect on the General Public Health, Safety and Welfare of the City. We do not in any way believe that our intended administrative use will have any negative effect on the general public health, safety, and welfare of the City and its residents. Neptune Society sincerely hopes the City of Golden Valley will promptly approve the request for a Conditional Use Permit. I stand ready to address any questions or concerns Zoning or the City Board may have relating to this request or our services. 'all Daniel ay.:dil, Esq. Associ. - eneral Counsel Page 4 of 4 3/16/2011 BEST L.FLANAGAN BEST & FLANAGAN ROLE OF THE PLANNING COMMISSION It is the duty of the Planning Commission to advise and make recommendations to the Council in all City of Golden Valley matters relating to planning and growth of the City. Specifically it shall: Planning Commission A. Develop and make recommendations to maintain and update the Comprehensive Plan of the City; BEST FLANAGAN BEST Ls FLANAGAN B. Develop and make recommendations to COMMUNICATIONS BETWEEN maintain and update the land use regulations COMMISSIONERS needed to implement the Comprehensive Plan; C. Develop and make recommendations for All meetings...must be open to the public... policies on other matters relating to the social, *** economic and physical environment;and, D. Advise and recommend such other functions or (c) Of any(1)committee,(2)subcommittee.. or(5)commission of a public body... procedures as may be assigned to them by the City Code or the Council. City Godo,Sec.2:91„*N14 2. Minn Star.1911 A1.obd.1. 1 3/16/2011 BEST G ILANAGAN ISESTSrIANAGAN REVIEW PROCESSES REVIEW PROCESSES(continued) Read the City Code provisions, .The City Code shall apply to all persons and property within the City of Golden Valley co:God9,Spe..t,p1 • BESTS FLANAGAN SESTG FIANAGAN REVIEW PROCESSES(continued) If legislative,public hearing requirements, Planning Commission's consideration of etc.apply,but Commissioner's can use a legislator's approach. matters can be either legislative or quasi- judicial. 2 3/16/2011 BE574I"LPN BEST i FLANAGAN AGAN If quasi-judicial the procedural due process If quasi-judicial,you are somewhat like requirements of the Constitutions of United judges and you must be wary of contacts in States and State of Minnesota apply to some advance of P.C.'s decision. extent. BEST6 FLANAGAN BEST4FLANAGAN Quasi-judicial actions in Minnesota include Problem: Recent Minnesota district court decisions on variances,conditiional use decision in Continental Property Group,Inc. permits and possibly PUD's or specific (Brad Hovt)vs. City of Minneapolis. rezonings. 3 3/16/2011 BESTS FIANA(.AN - BEST 4 FLANAGAN Plaintiff proposed high-'rise tower in low-rise Approached Lisa Goodman,council member Loring Park neighborhood. Variances in area,and tried to talk her into it—no luck— sought: for height,21 stories(2-1/2 allowed); she didn't support it. side yard(48 feet to 16 and 4 feet)and rear yard setbacks(45 feet to 19 and 8 feet). Staff recco"no";planning commission voted "no";subcommittee of Council voted"no"; Council voted"no". BEST S FLANAGAN BESTSFLANAGAN Court reviewed Ms.Goodman's actions: Developer sued City for millions in damages and fees and costs. (1) She announced she was against the project several months before hearing. Recovered over$500,000 in fees and costs. (2) One month before she emailed constituents that she was against it. (3) She helped target undecided council members. (4) She mailed colleagues regarding her lack of support. (5) She voted on the CUP and variance requests despite her advocacy against it. DS 4 3/16/2011 BEST,F LANAGAN - BEST&FLANAGAN Although the court upheld City's decision,it held:Goodman's actions,coupled with aldermanic courtesy,and reliance by city On Appeal to Minnesota Court of Appeals— council on undisclosed communications(not argued February 17,2011. No decision yet. made part of record)vitiated Plaintiff's right to a fair hearing and violated its right to procedural due process. lb BEST,ILANAGAN BEST,f LANAGAN New Mexico Court of Appeals upheld$8 South Dakota Court vacated grant of a CUP million jury damages award where a private where County Commissioner attempted to citizen encouraged a council member to draft negotiate a dispute between developer and amended language to a regional plan, homeowners before he became a Co. resulting in denial of a"big box"development Comm. Vote was unanimous to deny CUP. proposal. 5 3/16/2011 BEST.FLANAGAN BEST FLANAGAN Court said: "...the due process standard for What to do: disqualification in a quasi-judicial proceeding is that an official"must be disinterested and (1) mommission members and Council members free from bias or predisposition of the must remain of impartial ro s this is a critical outcome and the'very appearance of element of due process. Keep an open mind. complete fairness'must be present." (2) All ex parte communications must be entered in record at hearing. If verbal,state name of person and message. If written,enter in record. This is done so proponent has an opportunity to respond to issues raised. BEST.FLANAGAN BEST.FLANAGAN (3) This applies to almost all zoning and planning— CONDITIONAL USE REVIEW type matters except for(a)wholesale code changes,(b)approval of new comprehensive G. The Planning Commission shall make findings plans,etc. and recommendations to the Council based upon any or all of the following factors(which If focus is on a particular property or applicant, need not be weighed equally): matter is probably quasi-judicial. 1. Demonstrated need for the proposed use. 2. Consistency with the Comprehensive Plan of the City. 3. Effect upon property values in the neighboring area. 6 3/16/2011 QESTA rLANAGAN BEST6riANAGAN 4. Effect of any anticipated traffic generation 8. Any increase in flies,rats,or other animals upon the current traffic flow and congestion or vermin in the area to be caused by the in the area. proposed use. 5. Effect of any increases in population and 9. Visual appearance of any proposed density upon surrounding land uses. structure or use. 6. Increase in noise levels to be caused by 10. Any other effect upon the general public the proposed use. health,safety,and welfare of the City and 7. Any odors,dust,smoke,gas,or vibration its residents. to be caused by the proposed use. Cdy Code Sec.11 SO,sued.2,G. : BtSTSf LANACAN BST FLANAGAN H. The Planning Commission shall present its K. The Council shall make findings and shall grant findings and recommendations in writing to the or deny a permit based upon any or all of the Council within thirty(30)days following the factors found in Subparagraph G.above. The date of the informal public hearing. Council may make its approval of the permit contingent upon such conditions as it determines necessary to prevent or minimize injurious effects upon the neighborhood. The Council may also require that sufficient performance bonding... Cey Code Sec.11 SO,subd.2,H. Cey Code Sec 11 SO,sued.2,01 • 7 3/16/2011 BEST F FLANAGAN BEST FLANAGAN NEW ZONING REGULATIONS IMPACT NEW VARIANCE REGULATIONS ON EXISTING DEVELOPMENT The BZA and the City Council should now make A. Any nonconformity,including the lawful use or the following findings before granting a variance: occupation of land or premises existing at the time of the adoption of an additional control A. Strict enforcement of the zoning ordinance under this chapter,may be continued,including would cause undue hardship because of through repair,replacement,restoration, circumstances unique to the individual maintenance,or improvement,but not property under consideration. Undue hardship including expansion. means: City Code Sou.tl 90,eubd.2 BEST FLANAGAN a. The property in question cannot be put to a reasonable use if used under conditions allowed under the zoning ordinance, b. The variance request is due to circumstances unique to the property not created by the landowner,and c. The variance,if granted,will not alter the essential character of the locality. B. And,the variance will be in keeping with the spirit and intent of the City zoning ordinance. 8 JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of February 2, 2011 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Sue Virnig, Finance Director, Golden Valley Jeannine Clancy, Public Works Director Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Paul Coone, Operations Manager, New Hope Bernie Weber, Utilities Maintenance Supervisor, New Hope Guy Johnson, Director of Public Works, New Hope Randy Kloepper, Utility Supervisor, Crystal Tom Mathisen, Director of Public Works, Crystal Other Steve Nelson, Bolton & Menk, Inc. Minutes of December 1, 2010 MOVED by McDonald seconded by Norris and motion carried unanimously to approve the minutes of the December 1, 2010 meeting. Resolution 11-01 regarding Designating Depositories for Joint Water Funds Commissioner McDonald introduced the following resolution and moved its adoption: RESOLUTION 11-01 RESOLUTION DESIGNATING DEPOSITORIES FOR JOINT WATER FUNDS The motion for the adoption of the foregoing resolution was seconded by Commissioner Norris and upon a vote being taken thereon, the following voted in favor thereof: Burt, McDonald, and Norris; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Joint Water Commission Page 2 of 3 Resolution 11-02 regarding Annual Elections for the 2011-2021 Insurance Policy Commissioner Norris introduced the following resolution and moved its adoption: RESOLUTION 11-02 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2011-2012 INSURANCE POLICY The motion for the adoption of the foregoing resolution was seconded by Commissioner McDonald and upon a vote being taken thereon, the following voted in favor thereof: Burt, McDonald, and Norris; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Update on the New Hope Well Testing Pump Steve Nelson, from Bolton & Menk, Inc., reported the New Hope well was an excellent well for a back-up well in an emergency water supply plan. The water quality after the 24 hour test was good. The next step would be to purchase a used pump and motor, the cost would be around $19,500. The Technical Advisory Committee would meet to discuss options for further use of this well and emergency backup system. They would bring back options at the next meeting. CitiLink Lease Termination McDonald reported Nextera had an antenna lease for the'North Water Tower, but was bought out by CitiLink who wasn't interested in continuing the lease. CitiLink did agree to remove the equipment at their cost and offered two additional rent payments. MOVED by McDonald, seconded by Norris to authorize termination of CitiLink Lease on New Hope Water tower, remove equipment and receive lease payments for two months. The motion carried unanimously. New Contract with Minneapolis Norris reported there is no `new contract' and the agenda item should have read, Direction from the Councils. Norris stated the JWC needs to get direction from their Councils to determine if the cities wanted to direct the JWC to pursue the idea of a back-up water supply plan in case of an emergency. MOVED by McDonald, seconded by Burt to authorize staff to meet with their Councils to determine if the JWC should work on an emergency back-up water supply plan. Motion carried unanimously. Joint Water Commission Page 3 of 3 Update of JWC Forcemain Pipe Study Through Robbinsdale Mathisen reported the forceman pipe study was still in draft form and hoped to have the report by the next meeting. Update on 2010-2011 High Service Pumps Replacement Project Mathisen reported the costs for the study to replace high service pumps in both Crystal and Golden Valley from Bolton & Menk, Inc. was $29,500. MOVED by Norris, seconded by McDonald to authorize a memo of understand for the replacement of high service pumps for $29,500. The TAC committee would approve the needed tasks for the project. Motion carried unanimously. Update on Crystal and Golden Valley Intake Meters Accuracy Study with Minneapolis Tracy reported the problems with the meters have been corrected and the meters have been recalibrated. Tracy and Kloepper will meet with Minneapolis to determine a schedule for checking the accuracy of the metering. Next Meeting The next meeting will be March 2, 2011. Adjournment The meeting was adjourned at 2:25 pm. Thomas D. Burt, Chair ATTEST: Christine Columbus, Administrative Assistant From: Christopher Jordan Sent: Thursday, March 31, 2011 9:03 AM To: Loomis, Linda Cc: Altonen, Stacy Subject: Dear Madame Mayor, My appointment to the City's Human Rights Commission will expire in May of this year. It has been a tremendous honor to serve the commission and work with the city on critical issues that impact our community. During my tenure the commission has continued to support efforts of the League of Minnesota Human Rights Commission; including the continuance and sponsorship of essay and writing contests. We have sought to re-established and reinvigorate the commission's Share the Dream Program; assisted the City's Planning Department with their efforts to improve participation in the 2010 census (which resulted in a 3.2%percent increase in population for Hennepin County and a .44%percent population increase in Golden Valley with modest increases in traditionally underrepresented groups, and the state retaining its eight congressional seats), and worked to timely review and support the City's recommendation and subsequent adoption of a domestic partnership ordinance for community members. All of which have been significant milestones which I have been fortunate to have been a part of. I want to acknowledge and thank the following for the efforts and support during my term as each of them have contributed more than what was required of them: Marion Helland Debra Yahle Roger McConico It's a cliche, but it's true that my term as chair has flown by quickly but at the same time it has been a very full term met with a number of challenges. I believe that the commission has consistently delivered and provided counsel and services that both the City and its community members expect and deserve. As always, the commission thrives only because our members contribute their time and talents. There is still much work to be done and I am confident that the commission will be able to proceed and take on tasks. After careful consideration I have decided that it is perhaps best for me to not seek reappointment to the commission. During the month of May, new officers will be elected to fill vacancies and should the commission fail to elect a new chair, the Vice Chair (Bob Hoyt) would assume responsibilities until a successor is chosen. I appreciate this opportunity and thank you, members of the council and Chief Altonen for your support during my term. Sincerely, Christopher Jordan Golden Valley Human Rights Commission, Outgoing Chair From: Joel Shinder [jshin52629 @comcast.net] Sent: Tuesday, March 29, 2011 2:46 PM To: Loomis, Linda; Freiberg, Mike; Pentel, Paula; Scanlon, DeDe; Shaffer, Bob Cc: Nancy Shinder Subject: Street and Storm Sewer Issues on Major Drive As you know, there is a group home on the corner of Major Drive and Golden Valley Road. Heavy parking traffic related to the property's use, a problem previously, became even more serious over the winter. This is because the ice and heavy snow dangerously narrowed an already narrow roadway. We are ever surprised that no one has been hit, injured or killed. Remember, elementary school busses stop nearby. Second, many homes in our neighborhood were on the resale market and will soon be re- marketed, I believe. Having more group homes in our neighborhood is possible but, for us, it would be nearly intolerable. The City should have an ordinance limiting density of business- like uses of this order. I hope you have anticipated this and that there is new law on the books. Third, you are probably aware that a large lakeshore estate at the end of our neighborhood is for sale. A developer, I understand, is working to acquire that and join several more parcels to fashion a new neighborhood. If the new construction results in a linking of Spring Valley Road or Circle to Noble Drive and Major Drive, traffic on our streets would increase tremendously. We believe such linkage should be prevented, especially given the traffic problems arising from the group home's bottlenecking of our street. Finally, I would like to inform you that my snowplowing complaint to the City's street manager was never addressed this winter. I realize that money is tight and that the world seemed to have underestimated this year's snowfall. However, when a problem is noted, it should be addressed. I have said before that our new street appears to be narrower than the original. Also, our curbs are high, so people who park tend to stand out more into the roadway than they should. Cars used to roll up over the gradual incline of our previous "curbing" design, passengers could alight on level ground, and they can no longer do that, so our roadway narrows. The new curbing alone has, in effect, narrowed our roadway. Worse comes with winter. Our new curbs, the City had explained, will help the snow plow drivers and reduce snow plow damage. Fine. Our drivers have now been staying all winter WELL out into the center of the roadway and thereby avoid the wonderful curves of our street in the belief that a straight line is the shortest distance between two points. Wonderful. They're Euclidean genii. I called to complain that our street was beginning to flood when a heavy rain fell on top of our snow mountains. Why flooding? I had to clear a FIVE FOOT path from the cleared and water-filled roadway through deep snow and ice in order to reach our totally blocked catch basin grate. I cleared a SIX-FOOT trench on the other side of the street. That's eleven feet of uncleared roadway at a low point in Heathbrooke which, I explained to the engineer last year, had resulted in a Fall flood that swept my backyard fence away! The street flooded because the high point of our neighborhood (Noble Drive) has double the intake capacity of our low point, and what we had was quickly blocked with debris washing off the yards opposite us! Some design genius was at work on that .matter. . .or, maybe budget dictated, or whatever. . . . I do hope the Council can find some wise solutions to these problems. What I have mentioned does affect property values adversely, increases risks to property, and decreases the safety of our loved ones. May I have your responses? Thank you for your time and kind consideration. Joel Shinder, 1920 Major Drive, 55422. ofd! to ide n Va!!e Pu Warks Memorandum 763-593-8030 blic/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. F. 1. Award Contract - 2011 Asphalt Overlay Project, City Improvement Project No. 11-02 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Staff solicited bids for the 2011 Asphalt Overlay Project 11-2. Proposals included a base bid for the following roadways: 1. Nevada Avenue North from Sandburg Road to Medicine Lake Road 2. Sandburg Road from Nevada Avenue North to Douglas Drive The proposals also included alternate bids for mill and overlays on the following City streets: 1. Alternate Bid 1 (Madison Avenue from Nevada Avenue North to Louisiana Avenue North and Louisiana Avenue North from Sandburg Road to Madison Avenue), 2. Alternate Bid 2 (Mendelssohn Avenue North from Golden Valley Road to Plymouth Avenue), and 3. Alternate Bid 3 (Golden Valley Road from Decatur Avenue N to Mendelssohn Avenue). The bids were reviewed and staff recommends awarding a contract for the base bid plus Alternate Bid One (Madison and Louisiana Avenues). This recommendation is within the available budget and will provide some additional funding for unanticipated construction conditions. Should the remaining funds not be required for overlays at the above locations, staff will utilize remaining funding to perform overlay maintenance using City staff in additional areas. Bids for the 2011 Asphalt Overlay Project, City Improvement Project No. 11-02 were opened on April 7, 2011. The following Base Bid plus Alternate One bid were received: Midwest Asphalt Corp. $375,015.15 Valley Paving, Inc. $401,186.03 Northwest Asphalt, Inc. $410,011.54 Rum River Contracting $416,870.60 North Valley, Inc. $429,496.78 GMH Asphalt Corp. $434,781.10 Ace Blacktop, Inc. $442,991.14 Hardrives, Inc. $442,476.98 Astech Asphalt Surface $473,544.75 C.S. McCrossan, Inc. $503,124.75 Bituminous Roadways, Inc. $471,274.20 Engineer's Estimate $499,589.00 Funding for the 2011 Asphalt Overlay Project is included in the 2011-2015 Capital Improvement Program (S-013, page 89). Attachments Location Map (1 page) Recommended Action Award a contract for the 2011 Asphalt Overlay Project to the lowest responsible bidder, Midwest Asphalt Corp., for the Base Bid and Alternate One in the amount of $375,015.15. SIlOdY3NNIW 40 1.113 . Iffa��'rivilw fir-- .f I" 1, 0 IN g 1 f.� N 14 err INSTIMIII6 11 larilW 11:44. C- ...111W/ONfamoraml.......011.19Am.._ ii Far iimil,,pm mu millammillim ma "mill IIIPIritelliP . '''OM cn �r111I 1iIiill MIedr'.I 1,x.11 . _ 0I1, •i, ';;,,... fX r ,� yy I � �il �INN,I, ,;- .4iiimitimpir ....1011111=■ 7 NEI ow, .c1 _J C9 g 3AR10 dlak ..svion0Q∎i a. L.1_ of III ill all 1 § o 10-8 111 , Agralliii 111 , ,, › 141 6 4.41 1, 111 ...040Ab= mu a. N j...............!!wa d�■�I . ■....■ � • a Q IIN . =LT tar Awcaviy Nig, .-virtchia imv Inch CI_ Pgarr4111 E.- -,, 4.,,, ...,.. MOON , z ! h N 69L 'AMH HL(10Wlld A0 Al to C, Go ide o en Public Works 763-593-80.30/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. F. 2. Award 2011 Sealcoat Project 11-06 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary As part of the City's normal maintenance practices, staff solicits bids for sealcoating streets that have been constructed to City standards. Sealcoating, combined with quality patching and crack sealing, extends pavement life and restores better skid resistance to the pavement. In 2010, staff recommended that the Council authorize shifting funding designated for sealcoating to fund additional asphalt overlays while MnDOT performed a study regarding sealcoating best practices. Although MnDOT's study has not been completed, staff recommends the City go forward with sealcoating in order to maintain streets in a satisfactory condition. Staff opened the following bids for the 2011 Sealcoat Project on April 11, 2011: Allied Blacktop Company $ 169,650.00 Pearson Brothers, Inc. $ 179,044.50 Engineer's Estimate $ 185,600.00 Streets that are scheduled to be sealcoated in 2011 are identified on the attached project area map. The 2011-2012 adopted Biennial Budget, Streets Maintenance Division, includes funding in the amount of$210,500 for this project. The budgeted amount under this program is also utilized to pay for the pavement marking program used on local roadways. In addition, $100,000 has been set aside in the 2011-2015 Capital Improvement Program for state aid street maintenance (S-017, page 90) Attachments Project Location Map (1 page) Recommended Action Motion to award the bid for the 2011 Sealcoat Project No. 11-06 to the lowest responsible bidder, Allied Blacktop Company, in the amount of$169,650. i i i i i i C T i y T I�� }\ Zs_ '� Ii'k t -, , t { I I I I I L L LI I I I I I I I I I I i"" "' 111ah� ` s haR 7 ; rn� ItItW R' S-' III, �p%.4 '_�� S�' � I-' +±il.11 wM�ti awl-+� 17' g t.... W a . L nM 31 Y---1 i 1'l/ ��nw _ 0.W�a I wr r,� -u._ w j r sr„�► �.is „ ..."1, rrK l n►v r �-ror esr- e,.a.,.. P e I�aWi .,.aan .... ' e, ��' n ,°, fialii.d � "X�' e!�_e 1w- n I � � �arrq� � �t� �i•f� �, ;. 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L it "me -w ll Q -.. .oil— 'N } w.' -,4 1 _■ 1 {'1 --� �_ — iiiiiiiiii # i " 3 � � � i ��i —` city Memorandum Go ide n Va!1 e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. G. Proclamation of National Public Works Week Prepared By Jeannine Clancy, Director of Public Works Summary To recognize the Golden Valley Public Works Department employees during National Public Works Week, please consider adoption of the attached proclamation for National Public Works Week on May 15 through May 21, 2011. Attachments Proclamation For National Public Works Week (1 page) Recommended Action Motion to adopt the Proclamation For National Public Works Week. CITY OF GOLDEN VALLEY PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK May 15— 21, 2011 WHEREAS, public works services provided in the City of Golden Valley are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sanitary and storm sewers, streets and highways, forestry, public buildings, solid waste collection, and maintenance of parks; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works employees; and WHEREAS, understanding the role that public infrastructure plays in protecting the environment, improving public health and safety, contributing to economic vitality, and enhancing the quality of life of every community of the United States is in the interest of the residents and those who visit our community. NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do hereby proclaim the week of May 15 through 21, 2011 as "NATIONAL PUBLIC WORKS WEEK" in the City of Golden Valley, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 20th day of April 2011. Linda R. Loomis, Mayor co, 1 n Go de Valley Fire Department 763-593-8079/763-593-8098 (fax) OLDE1R Lep Z+I Executive Summary for Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. H. Authorization to Sign Third Amended and Restated Joint and Cooperative Agreement for Public Safety Purchasing Prepared By Mark Kuhnly, Chief of Fire and Inspections Summary The Hennepin County Fire Chiefs Association developed a Joint Powers Agreement for member Fire Departments for the acquisition and use of self-contained breathing apparatus. The City Council approved the Joint Powers Agreement on February 3, 2010. In addition to self-contained breathing apparatus, the Joint Powers Agreement has been amended to include the purchase or lease of public safety uniforms, supplies, equipment and contracting services. Purchasing and leasing through the Joint Powers Agreement should result in reduced costs to the member cities. Attachments Third Amended and Restated Joint and Cooperative Agreement for Public Safety Purchasing (4 pages) Resolution Authorizing Entering into Third Amended and Restated Joint and Cooperative Agreement for Public Safety Purchasing (1 page) Recommended Action Motion to adopt Resolution Authorizing Entering into Third Amended and Restated Joint and Cooperative Agreement for Public Safety Purchasing. THIRD AMENDED AND RESTATED JOINT & COOPERATIVE AGREEMENT FOR PUBLIC SAFETY PURCHASING 1. Purpose This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of governmental powers common to contracting parties. The intent of this Agreement is to make available joint public safety purchasing and leasing to the governmental agencies who are parties to this Agreement. The intent of this agreement is to also replace and rescind the Amended and Restated Joint& Cooperative Agreement For The Acquisition and Use of SCBA executed and approved by the parties in March,April and May, 2009, and the Second Amended and Restated Joint&Cooperative Agreement For The Acquisition and Use of Firefighting Equipment executed and approved by some or all of the parties in August and September 2010 ("Prior Agreements"). 2. Parties The initial parties to this Agreement are the cities of Bloomington, Brooklyn Park, Eden Prairie, Edina, Hopkins, Saint Louis Park, and Minnetonka, all of which are municipal corporations and subdivisions of the state of Minnesota. Additional governmental agencies may become parties to this Agreement by adopting a resolution approving this Agreement and sending an original execution page and a certified copy of the resolution to the secretary of the Operating Committee established below. The secretary of the Operating Committee must maintain a current list of the parties to this Agreement and must notify the contact person for each party whenever there is a change in the parties to this Agreement. 3. Operating Committee 3.1. Creation. There will be an Operating Committee(the"Committee")to administer this Agreement. The Committee will consist of one representative appointed by each of the parties to the Agreement. In the absence of a specific appointment, a party's representative will be its fire chief. Each member of the Committee is entitled to one vote. 3.2. Procedural Rules. The Committee must adopt procedural rules to govern its operations. Public Safety Purchasing Joint Agreement Page 2 3.3. Officers. The Committee will select from its members a chair to conduct meetings, a vice-chair to act in the place of the chair, and a secretary to keep the records of the Committee. 3.4. Powers, Duties. The Committee has the authority and responsibility to administer this Agreement on behalf of the parties and to take all necessary actions allowed by law to implement its terms. 4. Procedures 4.1.Acquisition. The Committee will take the necessary actions for obtaining contracts for the purchase or lease of public safety uniforms, supplies, equipment, and other items, and for contracting for services, as selected by the Committee. The Committee will comply with the Municipal Contracting Law, including the preparation of specifications and requests for proposals. The Committee will designate one of the member parties to act as the lead agency for selecting the contractor for a contract,based on the recommendation of the Committee. 4.2. Contract Terms. The contract with each selected contractor(the"Contract")must provide that each party to this Agreement will have the option to order items directly from each selected contractor and make payments directly to the contractor. No party will have any responsibility for paying for the items ordered by any other party. When appropriate,the Contract may include an option for the contractor to maintain and certify designated equipment. The Contract must provide the terms of payment to the contractor for this service. 4.3.Rules for Use. When appropriate, the Committee will establish rules and procedures for the parties' use of items acquired pursuant to this Agreement, including determining the responsibility for damage to, or loss of,the items. 5. Responsibility for Employees All persons engaged in the work to be performed by a party under this Agreement may not be considered employees of any other party for any purpose, including worker's compensation and other claims that may or might arise out of the employment context on behalf of the employees. All claims made by a third party as a result of any act or omission of a party's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other party. Each party is responsible for injuries or death of its own Public Safety Purchasing Joint Agreement Page 3 personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services under this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees,or volunteers. 6. Indemnification Each party agrees to defend,indemnify, and hold harmless the other parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the party and/or those of its employees or agents. Under no circumstances,however,may a party be required to pay on behalf of itself and another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for two or more parties may not be added together to determine the maximum amount of liability for one party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Duration This agreement will be in force from the date of execution by at least two parties and notification to the secretary of the Operating Committee. Any party may withdraw from this Agreement upon 30 days written notice to the other party or parties to the Agreement. Upon execution of all of the parties to the Prior Agreements,the Prior Agreements will terminate. 8. Execution A separate execution page is provided for each party. [Signature pages follow] Execution Page for the Third Amended and Restated Joint & Cooperative Agreement For Public Safety Purchasing The party listed below has read, agreed to and executed this Agreement on the date indicated. Date Entity By Title And Title Resolution 11-12 April 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENTERING INTO THIRD AND RESTATED JOINT AND COOPERATIVE AGREEMENT PUBLIC SAFETY PURCHASING WHEREAS, Minnesota Statute 471.59 authorizes local units of government to enter into Joint and Cooperative Agreements of governmental powers common to the contracting parties. The intent of this agreement is to make available purchased or leased public safety equipment and services; and WHEREAS, the existing agreement only makes available to purchase or lease self- contained breathing apparatus; and WHEREAS, the revised agreement includes the purchase or lease of public safety uniforms, supplies, equipment and contract services; and NOW, THEREFORE BE IT RESOLVED that the Golden Valley City Council does hereby approve the Third Amended and Restated Joint and Cooperative Agreement for the purchase or lease of public safety uniforms supplies, equipment and contract services; NOW, BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to execute said Third Amended and Restated Joint and Cooperative Agreement for Public Safety Purchasing on behalf of the City of Golden Valley. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. op Go lden Vall City Admiuncil ey 763-593-8014/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 3. I. Appointments to Northwest Suburbs Cable Communications Commission and Northwest Community TV Board of Directors Prepared By Jeanne Andre, Assistant City Clerk Summary Through its joint powers agreement to franchise cable communications, the City is involved in two bodies. The following is a brief description of each and the role the City has in appointments and governance. 1. Northwest Suburbs Cable Communications Commission The Council must appoint two City representatives, at least one of whom shall be a member of the City Council, or its designee, and the other a qualified voter residing within the municipality. Those appointed serve at the will of the City Council and can be changed at any time. This appointment can overlap with the appointment to NWCTV as the meetings are held at the same time. Continuity does benefit the City, and for convenience, it makes sense to look at this appointment as the Council considers its division of labor in January of each year, unless there is a resignation at some other time of the year. The City Manager should be consulted if a staff appointment is desired. 2. Northwest Community TV (NWCTV) This is a non-profit organization, with a Board of Directors. Most of the Directors are appointed by the Northwest Cable Commission. Each city is asked to recommend a person for the Commission to appoint as the city's representative. This can be a Council Member, staff, or member of the community. The term of office is two years (effective February 15th) or until the representative resigns or is replaced. This appointment can overlap with the appointment to the Commission as the meetings are held at the same time. The Commission also recommends at-large appointments to NWCTV, which can also be persons associated with a particular city, but not specifically representing that city. Cities are not consulted about the at-large appointments. If a Council Member or staff member fills this position, it makes sense to review in January of each year as the Council considers its division of labor. If a citizen is appointed, the Council may wish to consider this appointment in a coordinated manner with appointments to City boards and commissions. At its April Council/Manager meeting the Council discussed the appointments and agreed to make the appointments at the next at the next regular Council meeting Recommended Action Motion to appoint Mike Freiberg as the City's representative on the Northwest Suburbs Cable Communications Commission and Tom Burt as the City's representative on the Northwest Community TV Board of Directors. Go?o MeMrand Planning Go olden Vai ey 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 "60 Days" Deadline: June 9, 2011 Agenda Item 4. A. Continued Public Hearing - Ordinance #458 - Conditional Use Permit #130 - 7550 Wayzata Boulevard - Neptune Society, Applicant Prepared By Joe Hogeboom, City Planner Summary Neptune Society requested that the public hearing for its Conditional Use Permit (CUP) request be tabled to April 20, 2011. Neptune Society is requesting a CUP for the operation of a mortuary at 7550 Wayzata Blvd., located in the 1-394 Mixed Use Zoning District. Neptune Society has indicated that it does not perform physical preparation of bodies onsite; however, state law requires that the company obtain a mortuary license due to the nature of its business. City staff and the Planning Commission find that the proposed use is in compliance with the ten factors in the City Code that determine the eligibility of a Conditional Use Permit. Specifically, staff cites the following findings: • The proposed use of the facility conforms to the Comprehensive Plan. • The proposed use of the facility complies with zoning regulations in the 1-394 Mixed Use Zoning District. • The proposed facility has adequate parking to serve its needs. • The proposed facility benefits the community. • The proposed facility will not negatively impact surrounding properties. • The proposed facility will improve the City's tax base. • The proposed facility will create jobs in the community. • The proposed facility will occupy a currently vacant building. The following conditions, recommended by the Planning Commission, work to minimize impacts on surrounding properties: 1. The site plan submitted by Neptune Society shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. Directional signage shall be installed informing customers of parking spaces located behind the building. 5. Employees shall be required to park in the spaces located behind the building. 6. If the property use changes from what is included in the narrative submitted by Neptune Society and dated February 10, 2011, the Conditional Use Permit must be amended. 7. All future improvements to the building shall meet the City's Building Code requirements. 8. All other applicable local, state and federal requirements shall be met at all times. Attachments Location Map (1 page) Planning Commission Minutes dated March 14, 2011 (4 pages) Memo to the Planning Commission dated March 9, 2011 (2 pages) Applicant's Narrative (4 pages) Memo from Deputy Fire Marshal Ed Anderson dated February 16, 2011 (1 page) Site Plan (1 page) Interior Building Layout Plan (1 page) Photographs of Site (2 pages) Ordinance #458, Approval of Conditional Use Permit Number 130, 7550 Wayzata Boulevard, Neptune Society, Applicant (2 pages) Recommended Action Motion to adopt Ordinance #458, Approval of Conditional Use Permit Number 130, 7550 Wayzata Boulevard, Neptune Society, Applicant. 420 421 / 4243 1 ? / 421 r . j Gl�t�bec AVaA S JI 500 0 501 500 ( € 501 3810 -{ I 501 421 i ::,. i , a i520 + 521 7700 521 5211 521 510 tj 600 611 7701 t 675 1 1 700 i 11 823 t I 642 i ' 648 ;' I / 723 716 i ; 1 i 716 41 + ; + 701 732 ! 743 732 i 750 I/ I �� i +J+ 1 814 820 7 «f 815 f c i 1 820 t 825 840 i , 840 843 sa 630 + s 1/ . � _ � 11 ' t 915 ! 950 JJ iii 0 • J + , / r 1033 J 1030 �� 7400 •_ill:it 1041 3 1040 f� 1040 , i .-. -�_._ 19541—�� , f 76 Y/l� /�. 7550 X651 - i ' ? ;,k�//.�;R Subject Property 1 1 1060 r J /,' 7500 I f Wayz3t��t�a WAYZATA BLVC! 13Th LA J.0.--a... ■ ...:',4" a,+, '41:id ..0 +,,:. ;a 'v':.4.1 • Regular Meeting of the Golden Valley Planning Commission March 14, 2011 A regular meeting of the Planning Commis- on was held at the Golden Valley City Hall, Co Chambers, 7800 Golden Valley Ro d, Golden Valley, Minnesota, on Monday, March 14, 2011. - -'r Waldhauser called the me- ing to order at 7 pm. Those present were ' 4 ing Commissione Cera, Eck, KI ,Schmidgall, Segelbaum and Waldhauser. Also prese A as Director f Plannin• Development Mark Grimes, City Planner Joe Hogeboom, Planning -rn Mic ael r f ons and Administrative Assistant Lisa Wittman. Commissioner McCarty was as -.•_1 1. Approval of Minutes February 13, 2011 gular Planning C, mmission Meetin• Eck referred to t - ird sentence in the fifth p-ragraph on page 3 and sta he word "to" should b- anged to the word "the." MOV- - .y Kluchka, seconded by Cera and m tion carried unanimously to approve t ebruary 13, 2011 minutes with the above oted correction. 2. Informal Public Hearing — Conditional Use Permit— 7550 Wayzata Blvd — CU-130 Applicant: Neptune Management Corp. d/b/a Neptune Society Addresses: 7550 Wayzata Blvd Purpose: To allow for a retail sales office for the purpose of selling cremation service plans in the 1-394 Mixed Use Zoning District. Simmons referred to a location map and discussed the applicant's proposal to operate a sales office for the purpose of selling cremation service plans. He explained that no cremation or embalming will occur at this site. However, state law requires that this business receive a "funeral establishment" license which requires them to construct an embalming room. The applicant has stated that they will not use the embalming room. Simmons referred to his staff report and reviewed the ten factors the Planning Commission must consider when reviewing a Conditional Use Permit. Segelbaum referred to the floor plan and asked where the embalming room would be located. Grimes noted that the embalming room is referred to on the floor plan as the prep room. Cera asked why the City is considering this to be a mortuary instead of just a sales office. Simmons stated that because of the required embalming room this proposal is considered to be a mortuary which requires a Conditional Use Permit. Cera stated that requiring the applicant to obtain a funeral establishment license just to have a sales office seems to be a waste of time and money. He suggested the City write a letter to the Legislature regarding eliminating the embalming room requirement. Minutes of the Golden Valley Planning Commission March 14, 2011 Page 2 Waldhauser asked about the parking for this business. Simmons referred to the site plan and noted there are a couple of parking spaces in front of the building. However, the majority of the parking is behind the building. Segelbaum asked what would stop the applicant from embalming at this location in the future if the Conditional Use Permit is approved. Waldhauser noted that the applicant has stated he would write a letter to the City stating that they will not do embalming or cremation at this site. Grimes noted that the applicant doesn't do embalming or cremation at any of their locations so he wouldn't expect that they would do it here. Kluchka questioned if it is relevant to this application if they are doing embalming at this site. Cera said he thinks if the applicant were to operate a crematorium he would need a different type of license. He added that allowing a crematorium would impact the neighboring properties differently than what they've been told is just an office. He suggested adding a condition to the approval that there be no embalming or cremation allowed. Tim Nicholson, President and CEO, Neptune Society, Plantation, FL, stated that the Neptune Society has been in business for 37 years with 40 locations in nine states. He explained that they don't do any type of gatherings, memorial services or visitation services and they don't do any embalming or cremating. Waldhauser asked where those types of functions occur. Nicholson explained they are outsourced to a separate location and said this operation will be strictly a retail sales office. Kluchka asked the applicant if there are any requirements in the licensing law that would prevent them from offering additional services. Nicholson said he believes the license would allow them to do additional services but reiterated that they don't offer embalming or cremation services. Waldhauser asked the applicant to explain how their sales business works. Nicholson stated they will have advertising in newspapers and do direct mailings. He stated they will start with three full time employees; a licensed funeral director, a sales manager and an administrative person with a plan to hire additional sales people in the future. Eck questioned the position of "service manager" shown on the plans. Nicholson stated that is the funeral director who will meet with the families. Waldhauser opened the public hearing. Todd Heilicher, 7600 Wayzata Blvd, said he has no issues with this business but he is concerned about parking. He noted that this company is only taking half of the building so he is concerned about there being enough parking spaces if another tenant moves into the other half of the space. He said there is additional parking available behind the building but he questioned how people will know they are able to park there. Nicholson explained that their employees will park behind the building. He added that there would typically only be one or two families at their office at a time. Grimes said he realizes that the parking on this site is not ideal but staff feels there are enough parking spaces for the types of businesses that can be located there. He suggested that directional signage be added to help direct people to the back of the building to access the additional parking spaces. Minutes of the Golden Valley Planning Commission March 14, 2011 Page 3 Waldhauser asked Heilicher if there have been issues with the parking on his property. Heilicher stated that everyone tries to park as close as possible to the front door. He says he has issues with his tenants parking in the street. Grimes asked Nicholson if they intend to have evening hours. Nicholson said no, their hours would be 8:30 to 5:30. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Schmidgall said he is in favor of this proposal. He agreed the parking situation will need to be managed but it shouldn't stop a business from going in this space. Eck agreed and said he sees no basis to deny the request. Kluchka suggested a condition be added stating that embalming and cremation services cannot be offered. Nicholson said he is concerned about getting his license from the state if that condition is added because he is required to have the embalming room. He stated he is willing to write a letter stating that no bodies will be present at the site. Kluchka stated that a letter from this applicant would not stop a future funeral establishment from doing something different so he wants to have language in the Conditional Use Permit that stays with the property. Segelbaum stated he thinks the state licensing requirements and the review process would be different for cremation services so maybe the proposed condition could separate embalming and cremation. Schmidgall said he is not in favor of adding a condition regarding embalming because the state is requiring them to have an embalming room. Having that condition is complicating a simple process. He added that even if they did offer embalming services he doesn't think it would have an impact on the neighboring property owners. Kluchka suggested adding a second condition stating that employees shall be required to park in the spaces behind the building. Cera said he is in favor of adding the condition regarding embalming because the application states that there won't be any embalming and that is what people have been led to believe. Nicholson reiterated that he is concerned the state won't issue a license if that condition is listed in the Conditional Use Permit. Kluchka suggested the proposed condition be changed to state that if the property use changes to involve cremation or embalming the applicant will have to apply for a new Conditional Use Permit. Schmidgall said he supports this proposal as it has been recommended without any additional conditions. Waldhauser said she would recommend a condition requiring that signage be installed directing employees and customers to park in the back. Eck asked the applicant if bodies are embalmed before they are cremated. Nicholson said no. He added that they haven't done any embalming in 37 years. Eck questioned why some of the Commissioner's had concerns about embalming when cremation doesn't involve embalming. Kluchka said he feels the condition regarding embalming is relevant because he is concerned about the potential future use of the site being used for embalming or cremation without having to come back to the City for a new Conditional Use Permit. Nicholson ensured the Commission that the space is not set up to do embalming. Minutes of the Golden Valley Planning Commission March 14, 2011 Page 4 Grimes suggested attaching the applicant's narrative to the Conditional Use Permit and stating in the Permit that if the conditions change from what is in the narrative the Conditional Use Permit would have to be amended. MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend approval of a Conditional Use Permit to allow for a retail sales office for the purpose of selling cremation service plans at 7550 Wayzata Blvd subject to the following conditions: 1. The site plan shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. Directional signage shall be installed informing customers of parking spaces located behind the building. 5. Employees shall be required to park in the spaces located behind the building. 6. If the property use changes from what is included in the attached narrative the Conditional Use Permit must be amended. 7. All future improvements to the building shall meet the City's Building Code requirements. 8. All other applicable local, state and federal requirements shall be met at all times. --Short Recess-- Reports on Meetings of the ousing and Redevelopment Authority, City Council, Board of Zoning A peals and other Meetings No other eetings were discussed. 4. Other = siness City Attorne Ilen Barnard Planning missioner Training City Attorney Allen Barna`t gave ': P. -rPoint presentation (attached) regarding the role of Planning Commissio" co unication between Commissioners, review processes and variance regu s. 5. Adjournment , . The meeting w- adjourned at • :05 pm Lester Eck, Secretary Planning (�- iiev - V ,.., 763-593-8095/ 763-593-8109 (fax) Date: March 9, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Michael Simmons, Planning Intern Subject: Informal Public Hearing on Conditional Use Permit (CUP-130) to allow retail sales of cremation services and operate a mortuary facility at 7550 Wayzata Boulevard — Daniel M. Zavadil (Neptune Society) Applicant Background and Proposed Use The Neptune Society is proposing to locate its business at 7550 Wayzata Boulevard. Daniel Zavdil, Associate General Council for the Neptune Society, is requesting a Conditional Use Permit (CUP) to allow the business to operate in the 1-394 Mixed Use Zoning District. The Neptune Society provides sales of pre-arranged and pre-paid cremation plans as well as immediate-need cremation plans. No cremation or related activity will occur at this site. However, state law requires that this business receive a "Funeral Establishment" license. As part of the licensing requirement, Neptune Society must construct and maintain an "embalming room," thereby becoming a mortuary. (This room will not be used, and will be constructed only to satisfy state licensing requirements.) Under the regulations of the 1-394 Mixed-Use Zoning District, a "mortuary" is classified as a conditional use. Therefore, Neptune Society must obtain a Conditional Use Permit (CUP) prior to conducting business. Although this site will operate as a retail sales and business office, it must, by default, obtain a CUP. For more information on the Neptune Society, please visit http://www.neptunesociety.corn. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. The Neptune Society has been in existence for 37 years and has established a strong presence in the funeral industry. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map guides this site as long-term mixed use. The Neptune Society would enter a building with existing tenants. 3. Effect on Property Values in the Area: The property at 7550 Wayzata Boulevard was recently remodeled to attract businesses and offices. Staff views the renovation, and the Neptune Society's presence in the building, as a positive enhancement to the site. 4. Effect of Use on Traffic in the Area: Most of Neptune Society's business is conducted at clients' homes. Therefore, the majority of traffic generated from the business would be that of employees. Staff does not anticipate the slight increase in traffic to negatively impact the surrounding area. 5. Effect of Increases in Density or Population on the Area: The proposed use will have no effect on population. 6. Increase in Noise Created by Use: The proposed use will cause no increase in noise to the area. 7. Any Dust, Odor or Vibration caused by Use: The proposed use will not create dust, odor, or excessive vibrations. 8. Any Increase in Animal Pests Caused by the Use: The proposed use will not attract animal pests of any kind. 9. Visual Appearance of the Use: Neptune Society would be entering into an existing building, not altering the appearance of the building in any way other than the installation of signage. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the proposed use. Recommended Action Staff recommends approval of Conditional Use Permit 130 allowing Neptune Society to sell cremation services and operate a mortuary facility at 7550 Wayzata Boulevard. The approval of a Conditional Use Permit is subject to the following conditions: 1. The site plan shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. All future improvements to the building shall meet the City's Building Code requirements. 5. All other applicable local, state and federal requirements shall be met at all times. Attachments Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson, dated February 16, 2011 (1 page) Applicant's Narrative (4 pages) Interior Building Layout Plan (1 page) Site Plan (1 page) Photographs of Site (2 pages) Neptune SocietyTM AMERICA'S MOST TRUSTED CREMATION SERVICES February 10, 2011 Mark Grimes, Director of Planning & Development 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Mr. Grimes: As required in the application for Conditional Use Permit, the following is a detail description of Neptune Society's intended use: Detailed Description of Intended Use. The Neptune Society would like to open a retail sales type office in Golden Valley with the purpose of selling Direct Cremation Preneed Service Plans. We have located a professional office site in a mixed use area located at 7550 Wayzata Blvd., Golden Valley, MN 55427. We are currently in the process of entering into a letter of intent with the landlord, conditioned upon any necessary zoning approval. The proposed Neptune Society office will function as an administrative and sales office for the purpose of selling pre-arranged and pre-paid cremation plans and for the purpose arranging immediate need cremation arrangements. It is expected that Neptune Society will physically employ 3 employees to work at this location in the beginning and growing up to 6 over the next 24 months. Neptune Society will also generate jobs and contract with a number of Independent Sales Representatives. (Depending on sale volume, the typical office has 5-20 Independent Sales Representatives.) Please note that while the State of Minnesota will require that this office apply for and receive a "Funeral Establishment" license to lawfully offer the above named services. Please note that as part of the statutory licensing requirement, Neptune Society will be obligated to construct and maintain an embalming room. (A room that will never be used for that purpose and is unfortunately mandated as a building requirement to obtain a Funeral Establishment License by current State Law on Funeral Establishments.) Our location will be operated solely as a retail sales office and no physical body Page 1 of 4 1250 S. Pine Island Road,Suite 500 • Plantation,FL 33324 • 954-556-9400 • www.neptunesociety.com preparation, mortuary science activities or cremations will occur in this facility. It will be a "Mortuary" in license and in arguable classification only. If necessary, we would be willing to sign documentation agreeing that this facility would not be used for physical body preparations during the term of our lease and use of the facility. The activity of the office will include the sale and administration of pre- arranged and pre-paid cremation plans. Approximately 95 percent of the sales activity will occur outside of the office in customer's homes; however the administrative processing of the sales contracts will be completed on site. A limited number of Immediate need cremation arrangements will also be conducted on site from walk in customers and those not wanting to meet in their home; the balance being arranged by phone and fax. This office will also offer cremation urn merchandise in association with immediate need arrangements. While there may be some Urns on display, urns are typically shipped from the Vendor directly to the customer. Although the Neptune Society will offer immediate need cremation arrangements through the use of outside providers; human remains will never be present at this office other than fully sealed, cremated remains which are processed elsewhere but may be released to family members from this office. All human remains will be removed from the place of death to our off site holding facility at another company's licensed facility for storage and cremation. The Neptune Society does not offer embalming services, formal memorial ceremonies or viewing options on site. We estimate that approximately 15% of the families served from this proposed location would receive cremated remains released from this office during any 12-month period. Cremated remains are released to family members in a regulation container which has been completely sealed and which meets high industry standards and which poses no sort of health or safety risk to anyone. I wish to again reiterate that the activity and function of this office will be that of the professional administration of pre-arranged and pre-paid cremation contracts and cremation arrangements, (retail type transactions) and will in no Page 2 of 4 way include those activates dealing with body processing, mortuary science or funeral services regularly associated with traditional death care service providers, such as traditional funeral homes and mortuaries. Demonstrated Need For The Proposed Use. There is a need for our services, in that according to statistics Minnesota leads the Midwest with the number of cremations. Statistically it is about 46.9% (*in 2009) of all final dispositions in Minnesota are in the form of Cremations. Neptune Society is the industry leader and has been in operation since 1973. The preneed funeral service industry is a highly regulated industry with direct State oversight of our operations, forms, licensing, and trust oversight, etc. At this current date Neptune Society has no active regulatory issues and is in good standing in all States. Neptune Society is a no frills, cremation only, preneed and at need funeral service provider with well over 30 facilities, that currently operates in 9 other states and growing. (AZ, CA, CO, FL, IL, NV, OR, TX, WA.) We provide a low cost alternative to expensive funerals, which could range in cost from $6.000- $19,000 on average depending on the services selected. Consistency with City's Comprehensive Plan. We believe our location selection is appropriate and consistent with the City's Comprehensive Plan for the City. We have selected an office location in a mixed use area which permits the placement of Mortuary's with a Conditional Use Permit. Impact on Property Values. We do not believe the operation of our retail type sale office will have any sort of negative impact on neighboring property values. To the contrary, we will be occupying a currently unoccupied, redeveloped piece of property, is a value added to the neighborhood. Impact on Traffic Generation. Based upon the nature of our service, most sales will occur in the customer's homes, thus we do not anticipate traffic generation or traffic flow complications stemming from our operations. Unlike other or traditional Mortuary or Funeral Home facilities we will not be having services, motorcades and viewings, thus we will not need additional parking, garage space, police funeral procession escort services or staging lanes like a traditional mortuary or funeral home operation might. Page 3 of 4 Impact on Noise Levels. Based upon the fact our function will be that of a retail administrative sales office, we do not anticipate any increase in noise levels caused by our administrative activities. Impact on Odors, Dust, Smoke, Gas or Vibration. Based upon the fact, we will not be processing bodies at this facility; we do not expect any increase in odors, dust, smoke, gas or vibration caused by our proposed administrative / retail use. Visual Appearance. The location selected was recently renovated and upgraded, providing a professional appearance. Our signage will be in conformity with applicable zoning codes, landlord requirements and will be tasteful in nature. Usually our signage includes our name "Neptune Society" and our purple dove logo, similar to that on the top of the letter head. Other Effect on the General Public Health, Safety and Welfare of the City. We do not in any way believe that our intended administrative use will have any negative effect on the general public health, safety, and welfare of the City and its residents. Neptune Society sincerely hopes the City of Golden Valley will promptly approve the request for a Conditional Use Permit. I stand ready to address any questions or concerns Zoning or the City Board may have relating to this request or our services. a Daniel dii, Esq. Associ- - eneral Counsel Page 4 of 4 et o hl Valley Fire Department Fire Department 763-593-8065/763-593-8098 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application, 7550 Wayzata Blvd. Date: February 16, 2011 I have reviewed the conditional use permit application packet to allow a retail/mortuary use in the mixed use zoning district. Listed below are the fire department comments regarding their application. 1. The description of intended use of the proposed site shall meet the requirements set forth in the Minnesota State Fire Code. 2. The installation of an automatic fire suppression system will be required for the entire building. 3. The installation of a fire alarm communicator to monitor the fire suppression system. 4. 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V ORDINANCE NO. 458, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 130 7550 Wayzata Boulevard Neptune Society, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.47, by approving a Conditional Use Permit for a certain tract of land at 7550 Wayzata Boulevard, thereby allowing the proposed Neptune Society to operate a mortuary located in the 1-394 Mixed Use Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein by reference. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The site plan submitted by Neptune Society shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. Directional signage shall be installed informing customers of parking spaces located behind the building. 5. Employees shall be required to park in the spaces located behind the building. 6. If the property use changes from what is included in the narrative submitted by Neptune Society and dated February 10, 2011, the Conditional Use Permit must be amended. 7. All future improvements to the building shall meet the City's Building Code requirements. 8. All other applicable local, state and federal requirements shall be met at all times. Section 2. The tract of land affected by this ordinance is legally described as follows: That part of Tract I, lying South of a line running parallel with and distance 60 feet North of North line of Tract K and East of a line running parallel with and 60 feet West from West line of Tract K, Registered Land Survey No. 412, County of Hennepin. The above legal description forms one contiguous parcel of land with no gaps or overlaps between the parcels. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of April, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnicq Susan M. Virnig, City Clerk '07Y o den alley G. Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 "60 Days" Deadline: April 26, 2011 Agenda Item 4. B. Public Hearing - Preliminary Plat Approval - 6210 and 6224 Wayzata Boulevard - Venture Bank, Applicant Prepared By Joe Hogeboom, City Planner Summary At the March 28, 2011 Planning Commission meeting the Commission unanimously recommended approval of the proposal from Venture Bank to consolidate the lots located at 6210 and 6224 Wayzata Boulevard into one lot. The existing building, planned to be converted into a bank, will remain on the property. Specific criteria that govern subdivision approvals are outlined, in their entirety, in the staff report to the Planning Commission, dated March 21, 2011. Pertaining to this request, staff finds that: • The proposed action will enable a business to remain in Golden Valley, offering services to the community and maintaining jobs in the City. • The proposed action will enable the occupation of a previously vacant building. • The proposed action will allow a business and its adjacent parking area to be located on one lot. • The proposed action does not create a non-conforming lot or structure. Attachments Location Map (1 page) Planning Commission Minutes dated March 28, 2011 (2 pages) Memo to Planning Commission dated March 21, 2011 (2 pages) Memo from City Engineer Jeff Oliver dated March 21, 2011 (2 pages) Site Renderings (4 pages) Preliminary Plat (1 oversized page, loose in agenda packet) Recommended Action Motion to approve the Preliminary Plat for 6210 and 6224 Wayzata Boulevard lot consolidation subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The conditions found in the City Engineer's memo, dated March 21, 2011, will become part of this approval. I i>o ' 6674:6630 6580 65A 1 6510\,..„''''‘',,(;450,Fik ice! 135 s ?YtfS 2t15 i5i \210 215 r ./1 225 220 I!( 225 25 i 250 2 •%'' �I 28 —220 la �- y-, �CortlBwn Cv� H.� >. ,.<. .. 145 �+ \' � tt I 1 ( I_ -1 1 r 240 01, 24.5 240 > 245 �' K+ G%.. 6655 :6615 6565'6535 6515.642!5 6475 6455 6445 J ps c', ' ; f,.- f—_,..1� 235 „.J jj 1 ( t 205 Lauhe1 ilflls Pond t I I I t l R' 305 300 12 1 St15 280 • .ft `i 240 260 v� 320 j` 325 320 • .41.0 a / ,__ l 03 340 345 340 345 f r — Crrtlavn Pond 350 •" r- Laurel Av. r rb it (Cortlawn Pond) 0 40d L .. ., ri `iti I f 28 ..�v..,. ,1 Laurel A _e-enbeit . , . . . r - 3 ' o 0 0 t!7 1 Q �S i 721 ;,: ¢ ° > at• ,.. , 0 spa► // 0 0700 0 j 0'. cf2; 6100 t f O -715 0 0 I 0 0 0 0 0 /!! z . g 905 850 , ,/ E. t ' _Golden Hilts Dr, ' Subject Properties / i 900 6660 /i`�7 vy o a rr o _ " 6624 f 6440 ra 'r 0 — _ 6380 6400 4 5300 6Y� 0 6103 ,.// p � 0 /7 ., tit ate 6,224 b2iU 6020 % / Interstate Hwy 394 w. ,_ . ., gty_ Z f I 0 jf/ 0 ._..._ • ^�+. - .. ._.._._. __........___-solo-..__^___._ . 28 ._ ,.. Hwy100 to t33d wB.. .. ... in 6�#✓,IjY , in q Litt/0 , - Interstate Hart' IQ M X GI V CL w S a tt }-- CI -# of tfi t4TH8TW ,._ -.., it a .4) z m Aizy c's:,..xlx.ifrri`.s4 znrf,i'L,:�...T*':'GAS ?:.yfl U) Regular Meeting of the Golden Valley Planning Commission March 28, 2011 A regular meeting of the Planning c •mmission was held at th- Golden Valley City Hall, •• - it Chambers, 7800 Golden V. Iley Road, Golden - , Minnesota, on Monday, March ., 011. Chair Waldhauser 'ailed the me- o order at 7 pm. Those present Planning Corn ssio►:- ` Cera, Eck, Kluchka, McCarty, Schmidgall, Segelbaum and Wa • - user. Also pi-.-nt was Director of Planning and Development Mark Grimes, City Planne •e -• - ,00m, Planning Intern Carrie Noble and Planning Intern Michael Simmons. 1. Approval of ∎,' utes March 2011 Regular Plann g Commis ,- 4 Meeting MOVE ID . Cera, seconded by Waldh user and motion car' -- nanimously to approve the ' . ch 14, 2011 minutes. McCarty bstained from voting, as he '"■s not present at t arch 14, 2011 meeting. 2. Informal Public Hearing — Lot Consolidation —Venture Bank— 6210 and 6224 Wayzata Blvd — SU18-08 Applicant: Venture Bank Addresses: 6210 and 6224 Wayzata Blvd Purpose: The Lot Consolidation would remove the property line between the two properties located at 6210 and 6224 Wayzata Blvd. in order to create one lot. Simmons referred to a location map and discussed the applicant's proposal to consolidate the two lots. He explained that Venture Bank recently acquired both properties and plans to relocate its Golden Valley branch office to the existing building on the site. Simmons referred to the applicant's intent to renovate the existing building on the site. Simmons discussed the seven qualifications that govern approval of a subdivision request, and explained how this proposal satisfied the requirements in City Code. Simmons stated that staff recommends approval of the lot consolidation request, subject to the conditions found in City Engineer Jeff Oliver's memo dated March 21, 2011 as well as a review of the titles of the properties by the City Attorney. Waldhauser asked if Venture Bank plans on occupying the entire building on the site. Simmons stated that Venture Bank does intend to occupy the entire site, with most of the building space devoted to offices. Gwen Stanley, Chief Financial Officer for Venture Bank, stated that Venture Bank recently acquired the site, and plans to open the facility in late August. Stanley stated Minutes of the Golden Valley Planning Commission March 28, 2011 Page 2 that Venture Bank's current Golden Valley branch, located in the Colonnade building, has become too small. The new facility will double the size of Venture Bank's Golden Valley branch. Waldhauser opened the public hearing. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Kluchka stated that he supports the proposal because the owner of the property, rather than a developer, has made the request. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to recommend approval of a Lot Consolidation to remove the property line between the two properties located at 6210 and 6224 Wayzata Blvd. in order to create one lot. . Site Plan Review—Venture Ba (6210 and 6224 Wayzata Blvd.) pplicant: Venture Bank Ad► esses: 6210 and 6224 Way ata Blvd Purpo To approve the site pl. for the proposed parking lot .210 and 6224 Wayzat. Noble referred to a ate plan showing t e proposed configu ion of the parking lot to be located at 6210 and :`124 Wayzata BI :•.Noble stated ,,,_-t City Code requires a site plan review to be perfo ed by the PI. ning Com`' ` ion for existing parking lots in the 1-394 Mixed Use Zoning I Oct: if the rking lo- expanding by ten percent. Noble stated that the purpose of th=''bite pla 'revie is to promote development that is compatible with nearby prope '°°S, nei ; •.rhood character and natural features, and that is consistent with the Compr- ve Plan. Noble referred to the requiremer ` fold in Chapter 11.47, Subdivision 8 of City Code (1-394 Mixed Use Zoning Dis ' ts) tha, p ains to parking lot design standards. Noble explained that, because t involves e re. -velopment of an existing building, only the new parking lot plan wo d be review-.. ` '" �. the discussed p ing location, pa ing screen' landscaping in and around e parking lot, side Iks and public art oble explainer`t at the City Code provides the Planning Corn ission the ability to u - discretion when viewing a site plan in the I- 394 Mixed -e Zoning District. Kluchka ked whether or not the fo,,tprint of the parking lot is easing. Noble stated that th= ootprint of the parking area s. increasing slightly. Cer asked if there is an imperviou .surface coverage requirement for this property. GC es stated that there is an impe ious surface coverage requirement, but he believes that the property is "grandf:thered in" because of the existing building. a .� - Planning - - 93-8109 fax 763 593 8095/763 5 ( ) Date: March 21, 2011 To: Planning Commission From: Michael Simmons, Planning Intern Subject: Informal Public Hearing on Preliminary Plat for Lot Consolidation of 6210 and 6224 Wayzata Blvd —Venture Bank, Applicant Background Venture Bank is proposing to consolidate the properties at 6210 and 6224 Wayzata Blvd. Venture Bank, currently located in the Colonnade building, is relocating its offices to this site. The building and parking area are located on two parcels. The City requires the two parcels to be consolidated to one lot. The proposed lot consolidation qualifies as a standard subdivision (rather than a minor subdivision) because the parcels are not part of a recorded plat. However, as in a minor subdivision request, there are fewer than four lots being consolidated and no major public improvements will be required. Qualifications Governing Approval as a Subdivision According to the City's Subdivision Regulations, the following regulations are considered when approving subdivision requests. Included are staff comments related to this request: 1. Subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. The newly proposed lot will meet the requirements set forth by the 1-394 Mixed Use Zoning District. 2. A subdivision may be denied if the City Engineer determines that the lots are not buildable. The Planning Department has not received negative feedback from the City Engineer. 3. A subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. Sewer and water connections are already provided to the site. 4. Approval of the subdivision may require the granting of certain easements to the City. The existing easements across the parcels being consolidated will be required to be vacated and then be rededicated on the final plat per the City Engineer's memo dated March 21, 2011 and City ordinances. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the subdivision, the agencies will be given the opportunity to comment. No other public agencies have jurisdiction of the streets adjacent to the lot consolidation. 6. The City may ask for review of title if required by the City Attorney for dedication of certain easements. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 7. The subdivision may be subject to park dedication requirements. No park dedication fee will be required for this action. Recommended Action The Planning Department recommends approval of the lot consolidation of 6210 and 6224 Wayzata Blvd. subject to the following conditions: 1. The conditions found in City Engineer Jeff Oliver's memo dated March 21, 2011 shall become a part of this approval. 2. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Attachments: Location Map (1 page) Memo from City Engineer Jeff Oliver, dated March 21, 2011 (1 page) Site Plan (1 oversized page) Goyy oe n Valle Public Works 763.593.8030/763.593.3988 (fax) Date: March 21, 2011 To: j hark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer e/6" Subject: Lot Consolidation at 6210 and 6224 Wayzata Boulevard Venture Bank Public Works staff has reviewed the proposed preliminary plat for lot consolidation by Venture Bank. This proposal will combine the existing properties at 6210 and 6224 Wayzata Boulevard. The subject property is located north of the Interstate 394 Frontage Road (Wayzata Boulevard) and is bordered by Colorado Avenue on the east. The final plat must include the dedication of additional right-of-way at the intersection of Wayzata Boulevard and Colorado Avenue to accommodate the existing sidewalk which is located partially on the subject property. This right-of-way dedication should include a triangle connecting points 10 feet north and 10 feet west of the southeastern property corner. As shown on the preliminary plat, the subject properties have existing easements across the northern boundary that run in favor of the City. One of the easements is for sanitary sewer purposes and the other is utility easement. The easements must be vacated across the properties being combined and be rededicated on the final plat. The developer must apply for easement vacations with the Public Works Department, and prepare and submit legal descriptions for the vacation. The easement vacation will be scheduled for City Council consideration concurrent with the final plat approval. In addition to the dedication of a drainage and utility easement to cover the existing easements, the final plat must include the dedication of drainage and utility easements consistent with the subdivision ordinance. Therefore, 10-foot wide drainage and utility easements must be dedicated on the south, east and west plat boundaries. The developer has posted an escrow for the reconstruction of the sanitary sewer service serving the property, and will become compliant with the City's Inflow and Infiltration Ordinance prior to issuance of a Certificate of Occupancy for the building. Please feel free to contact me if you have any questions regarding this matter. C: Tom Burt, City Manager Jeannine Clancy, Director of Public Works Allen Barnard, City Attorney G:\Developments-Private\Venture Bank\PrePlat Review.doc WI i 0 . �& r '111101 ril, i, I, �F / - , 1! - ti. r ,�� itt r'' _ dd I , r. �,.� x i Oil — ., i or L \ --- + elinamkgo "::' .,-±: ( ----±-__-- _ Vii, \,- ' 1 — �, 1 it 2 'ter► _%0 ,, 3 T. >- 4.0 . `. -a.. ., ib c r ¢ LS m 132 CO T o E A N a) or > :%i- g 4 i I: VI II • 7 iP ..., . .,. ...,,, , . , 0 *At --M-Lir■-•-■-1 - M . ' a1 ll 1N.e NI0 1.t.,0 t..4',i".i..,■: !l i Ii.i ; , 1„.,,_ ....•,,,,.' 11r.,, illi :.. 77: ,, ..,.. - . - k . .. __, ... „ . . , , , , , , ,,. , __A i - - I I 1, . i . ._ ill I, I' 111111; ____ I' I& \ Ill , I al ''511. 111 ' i \1111111‘111111F I ''' I 1.111Pk.,,, 111W" ■ II ': l' li'l I. , I Allinillr: r ,. . . ..' .1 'IN i / 1 1111111111ga i I, .t„.ii2_... . , , . \414 '7: ililliri .. , \ . '11111111M . . co ;7- \, \ ll .',';1 ' ':' . : . Lo m Z 11111111111Mile7:• . 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U¢ w YOU m - YOU rn �fp :. 1 '.,.r.4 I. ! i kt, al i 1 p II■° I■ w ; U x- 41 I Ii 1 1 li 1.-- , I El - 1 I` i, I .r: 4 i I■ TI E ii I■ IF IN ,--F , . , , , ff _._ 1 Ii ,' , ,_ , , , , . ,,1, , .. , . .. , , , .. , • , 1111 i LO Z z z o > a n I RC W W m m z U W V/ O O = N N W IY LL w Q u_. 0Go /� P Finance n V1+ V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 4. C. Public Hearing - Special Assessments - 2011 Pavement Management Program Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for the certification of special assessments for the 2011 Pavement Management Program area. All property owners were sent the notice of hearing and assessment for consideration. Attachments Project Address List (4 pages) Resolution Adopting and Confirming Assessments for Various Public Improvements in the 2011 Pavement Management Area (2 pages) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments for Various Public Improvements in the 2011 Pavement Management Area. Pending Special Assessment Roll CITY OF GOLDEN VALLEY 2011 PAVEMENT MANAGEMENT PROGRAM CITY IMPROVEMENT PROJECT 11-1 DEFERRED LEVIED TOTAL PID HOUSE NO. STREET ASSMTS ASSMTS ASSMTS. 3002924210047 5000 COLONIAL DR 0.00 5,750.00 5,750.00 3002924210057 5001 COLONIAL DR 5,750.00 5,750.00 11,500.00 3002924210048 5010 COLONIAL DR 0.00 5,750.00 5,750.00 • 3002924210053 5011 ,COLONIAL DR 5,750.00 5,750.00 11,500.00 3002924210049 5020 COLONIAL DR 0.00 5,750.00 5,750.00 3002924210050 5030 COLONIAL DR 0.00 5,750.00 5,750.00 3002924210054 5031 COLONIAL DR 5,750.00 5,750.00 11,500.00 3002924220010 5100 _COLONIAL DR 5,750.00 5,750.00 11,500.00 3002924220016 5111 _COLONIAL DR 5,750.00 5,750.00 11,500.00 3002924220009 5120 COLONIAL DR 0.00 5,750.00 5,750.00 3002924220017 5121 COLONIAL DR 0.00 5,750.00 5,750.00 3002924220085 5160 COLONIAL DR 0.00 5,750.00 5,750.00 3002924220008 5200 COLONIAL DR 0.00 5,750.00 5,750.00 3002924220018 5201 COLONIAL DR 0.00 5,750.00 5,750.00 3002924220019 5211 COLONIAL DR 0.00 5,750.00 5,750.00 3002924220005 5212 COLONIAL DR 0.00 5,750.00 5,750.00 3002924220020 5221 _COLONIAL DR _ 0.00 5,750.00 5,750.00 3002924220036 5301 GLENWOOD AVE 0.00 5,750.00 5,750.00 3002924220037 30 LAWN TER 0.00 5,750.00 5,750.00 3002924220038 40 LAWN TER 0.00 5,750.00 5,750.00 3002924220039 104 LAWN TER 0.00 5,750.00 5,750.00 3002924220040 112 LAWN TER 0.00 5,750.00 5,750.00 3002924220007 115 LAWN TER 5,750.00 5,750.00 11,500.00 3002924220041 200 LAWN TER 0.00 5,750.00 5,750.00 3002924220042 208 LAWN TER _ 0.00 5,750.00 5,750.00 3002924220043 220 LAWN TER 0.00 5,750.00 5,750.00 • 3002924220006 221 LAWN TER 0.00 5,750.00 5,750.00 3002924220044 310 LAWN TER 0.00 5,750.00 5,750.00 3002924220045 400 _LAWN TER 0.00 5,750.00 5,750.00 3002924220046 410 LAWN TER 0.00 5,750.00 5,750.00 3002924220082 500 RADISSON RD 5,750.00 2,875.00 8,625.00 3002924220069 501 RADISSON RD _ 0.00 5,750.00 5,750.00 3002924220071 525 RADISSON RD 0.00 5,750.00 5,750.00 3002924220070 535 RADISSON RD 5,750.00 5,750.00 11,500.00 3002924230030 601 RADISSON RD 0.00 5,750.00 5,750.00 3002924230029 611 RADISSON RD 0.00 5,750.00 5,750.00 3002924220015 616 RADISSON RD 0.00 5,750.00 5,750.00 3002924230028 621 RADISSON RD 0.00 5,750.00 5,750.00 3002924220081 4 TURNPIKE RD 0.00 2,875.00 2,875.00 3002924220059 5 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220058 9 _TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220001 15 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220002 17 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220056 25 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220060 100 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220055 101 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220061 108 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220054 109 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220062 116 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220053 117 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220063 200 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220052 201 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220064 208 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220051 209 TURNPIKE RD _ 0.00 5,750.00 5,750.00 3002924220065 216 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220050 301 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220066 308 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220049 309 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220067 400 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220048 401 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220068 408 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220083 416 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220047 417 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220084 424 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220033 500 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220021 501 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220034 508 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220022 509 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220035 516 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220023 517 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220024 525 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220025 535 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220026 541 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220027 549 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220029 600 TURNPIKE RD 5,750.00 5,750.00 11,500.00 3002924220028 601 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230018 605 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230027 608 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230059 609 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230060 613 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220030 616 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230021 617 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230022 621 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220031 624 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230023 625 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230024 629 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924220032 632 TURNPIKE RD 0.00 5,750.00 5,750.00 3002924230025 633 TURNPIKE RD 0,00 5,750.00 5,750.00 3002924230026 637 TURNPIKE RD 0.00 5,750.00 5,750.00 51,750.00 506,000.00 557,750.00 Resolution 11-13 April 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2011 PAVEMENT MANAGEMENT AREA 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed 2011 Pavement 10 6% 2012 $506,000.00 Management Area Deferred Assessments $51,750 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of six (6) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2012 through December 31, 2012, will be payable with general taxes for the year of 2011, collectible in 2012, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter until the entire assessment is paid. Resolution 11-13 - Continued April 20, 2011 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 18, 2011. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Ci ca Planning Golden ey 763-593-8095/763493 4109(fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 "60 Days" Deadline: May 21, 2011 Agenda Item 6. A. Authorization to Sign Amended PUD Permit - Menard Inc. - PUD #75 - Amendment #4 - 6800 Wayzata Boulevard Prepared By Joe Hogeboom, City Planner Summary Menard, Inc. has requested a minor amendment to its Planned Unit Development (PUD) permit to allow for the height of its newly proposed store to be two feet taller than originally requested. In January, Menards was granted an amendment to its PUD to allow for the construction of a new, two-level store to be built in 2011. The original height of the new store was proposed to be approximately 36.3 feet in the front, 34.3 feet in the middle, and 36.3 feet in the rear of the building. Menards is proposing to raise the overall height of the building by 2 feet, allowing the building to be 38.3 feet tall in the front and back and 36 feet in the middle. Staff has determined that the proposed action can be considered a minor amendment to the PUD. In order to qualify as a minor amendment, the action has to comply with eight findings. Specifically, the proposed Menards PUD amendment will not: • Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. • Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. • Alter significantly the location of buildings, parking areas or roads. • Increase or decrease the number of residential dwelling units by more than five percent. • Increase the gross floor area of non-residential buildings by more than three percent. • Increase the number of stories of any building. • Decrease the amount of open space by more than three percent or alter it in such a way as to change its original design or intended function or use. • Create non-compliance with any special condition attached to the approval of the Final PUD Plan. The City Council has the right to approve the amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Commission for their input and recommendation. The letter from Menard, Inc. Senior Store Designer Dennis Behrens (attached), describes Menards' explanation for this request. In summary, Menard, Inc. is requesting the height increase to accommodate taller shelving units on the first floor of the store. Attachments Location Map (1 page) Letter from Dennis Behrens, Menard Inc., received March 22, 2011 (1 page) Amended PUD Permit (3 pages) Site Plans (2 oversized pages, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD permit for PUD No. 75, Menard, Inc., Amendment 4. rr4' `'�dr�u `, ''� ti 0 i 35 j,' t --�w`di �. 1.r: I �A,�� A�� AA� t •\ moo s _ ?�� 1,.W>r0 6560 ..0, I00 P�Yi 120 105 6237 C us p CO5119.019 CFR N.... :ILO to 115 3,40 220 4-.... q Z us N its Ii5 lib r:',,i6665�6585 �, }i95 135 ¢ 6500 120 `; 225 p� #35 : : 4°, 145 .644p 200 155 �tl[ 150 4 '. 6640 6sib'4 .� tp(i 135 x 7,3$ , 174 , I5s f5E1 y_'E55 I50 t a 220 I --� I70 275 1 i 120 215 210 m , 240 140 145 130 c 665i Ti615is65356s 6445 X6445 x35 za 61 300 210 215 z.' , ° r�f A� 250 x5tf _ � �� i szo x40 235 WLAIAkRD a ra '', 3g; .wp O l �� ,�� iv a ,Yu v ✓. - � n 51.5 Subject Property: P v, ure e -nit . ► 4 ; 6800 Wayzata Blvd.• _.. .... ... ..... . ... .... ...i... ._LJ1URELAVE...... ._ .. _ 1 # 70t 69E11 % I. v v v 0 702 4 v o 0 0 '. 85D I . v ?leo v 0 803 : . 1N1►RKET 5T ._.. 905 850 i 830 g 900 7100 0 403 . 6Y ; s66o 6620 �yy� 6440 K 900 1 INfERS7#7Et394 TO k6NiL5IA Nil AVE 5 - �`A7q gk� IIYFELSTA T6 394 ktW - Aye 6T0 31394. .. Mm vamd*4ar1N8.Qv/4W) 2035 0 iS H h City of Golden Valley Menard store RE: increase the height of the first floor ceiling 2'-0" from original plans submitted. The height of the first floor will go from 15'-6"to 17'-6", the second floor will remain as originally submitted. The overall height of the structure will increase by 2'-0". The reason for the increase is a change in type of display shelving proposed for all Menard stores. The majority of the general sales shelf units will go from 8' to 10' in height, the width of the shelving units are decreasing to allow wider aisle widths. The overall storage height will still be less than 12' to stay below the "high piled storage" requirements. The existing sprinkler system design will change to provide the additional coverage for the increase in height. The sprinkler contractor will resubmit plans for approval. Sincerely Dennis Behrens Senior Store Designer Menard Inc. Amendment No. 4 Menards Addition P.U.D. No. 75 City Council Approvals: July 15, 1997 Amendment No. 1 Approval: June 23, 1998 Amendment No. 2 Approval: April 7, 2009 Amendment No. 3 Approval: January 4, 2011 Amendment No. 4 Approval: April 20, 2011 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Menards Addition, P.U.D. No. 75 Location: 6800 Wayzata Blvd, Golden Valley, Minnesota Legal Description: Menards Addition P.U.D. No. 75, Lot 1, Block 1 Applicant: Menard, Inc. Address: 4777 Menard Drive, Eau Claire, WI 54703 Owner: Menard, Inc. Address: 4777 Menard, Inc., Eau Claire, WI 54703 Zoning District: Mixed Use Permitted Uses: Lumber yard and building supply store Components: A, Land Use Component: 1. The site plans dated November 2010 submitted with the Final PUD Application shall become a part of the PUD approval. These plans shall be kept in the official City files on P.U.D. No. 75, and these site and building plans shall be noted by City staff as the plans submitted as part of the Final Plan approval. 2. Amendment 4 allows the overall height of the structure to increase by 2 feet more than approved in Amendment 3 as shown on the plans submitted by Menards dated March 18, 2011. 3. The buildings shall only be used by Menard, Inc. for use as a lumber yard and building supply store. 4. Any outside lighting for the parking or storage areas shall be compliant with the City's lighting ordinance. 5. All signage on the site must meet the requirements of the City's sign code except that the existing pylon sign along Wayzata Boulevard may remain but cannot be moved or expanded. 6. The westerly driveway going onto Market Street from the Menards site, as shown on the site plan, is to be gated and used only for City emergency vehicles. 7. The precast panels on the sides of the building shall be the same buff aggregate color as the panels on the front facing Wayzata Boulevard. B. Circulation Component: 1. Access drives, parking and walkways shall be constructed as per the site plan. 8. Menards shall implement a parking plan that shall be approved by the City Manager prior to occupancy of the new store. At any time, if the amount of parking on the site is inadequate as determined by Menards management or the City Manager, Menards will take immediate steps to implement the plan (which may include off-site parking and the conversion of a portion of the outside yard area to the north or east of the store building to create additional parking as noted on the plans). 3. No snow storage shall be allowed on the site that will reduce public parking. C. Services and Facilities: 1. All recommendations and requirements set out in the memos from City Engineer Jeff Oliver, PE to Mark Grimes, Director of Planning and Development dated October 5, 2010 and December 6, 2010 shall become a part of this approval. 2. All recommendations and requirements set out in the memos from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated September 21, 2010 December 1, 2010 shall become a part of this approval. 3. Any new sewer and water service connections shall conform to the City's utility standards. 4. No outside speaker system shall be used to notify customers or employees. It is hereby understood and agreed that this Use Permit is a part of the City Council approvals granted on July 15, 1997, June 23, 1998, April 7, 2009, January 4, 2011 and April 20, 2011. Any changes to the P.U.D. Permit for Menards Addition, P.U.D. No. 75 shall require an additional amendment. MENARD, INC. Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Linda R. Loomis, Mayor Date: Witness: By: Thomas D. Burt, City Manager Date: Warning:This permit does not exempt you from all other City Code provisions, regulations and ordinances. 0/ Valley Fi nance cv en 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 20, 2011 Agenda Item 6. B. Authorizing Issuance and Sale of: $1,840,000 General Obligation Improvement Bonds, Series 2011A, $655,000 General Obligation Equipment Certificates of Indebtedness, Series 2011B and $5,110,000 General Obligation Improvement Refunding Bonds, Series 2011C Prepared By Susan Virnig, Finance Director Summary The proceeds of the $1,840,000 General Obligation Improvement Bonds, Series 2011A, will finance the non-MSA street and driveway projects included in the 2011 Pavement Management Program. This project has already been approved by the City Council in November 2010. The street improvement bonds will have a term of twenty years and an estimated net interest rate of 3.66%. The debt service on these bonds will be repaid from tax levies and special assessments levied against benefited properties. The proceeds of the $685,000 General Obligation Equipment Certificates, Series 2011B, will finance public works and public safety equipment included in the 2011-2015 CIP. The equipment certificates will have a four year term with three years for principal payments and an estimated net interest rate of 1.18%. The debt service on the certificates will be repaid from annual tax levies. The proceeds of the $5,110,000 General Obligation Improvement Refunding Bonds, Series 2011C, will be used to advance crossover refund the February 1, 2013 through 2019 maturities of the City's General Obligation Improvement Bonds, Series 2003C. The transaction is being proposed to achieve net interest savings of$198,230 from an estimated interest rate of 3.78%. The debt service on these bonds will be repaid from tax levies and special assessments levied against benefited properties. If the market changes and does not show a savings of 3%, the City will not be allowed to refund the bonds. If approved, the sale date of all bond issues will be Tuesday, May 3, 2011 with Council approval scheduled for that evening. Attachments Resolution Authorizing Issuance and Sale of $1,840,000 General Obligation Improvement Bonds, Series 2011A (7 pages) Resolution Authorizing Issuance and Sale of$655,000 General Obligation Equipment Certificates, Series 2011B (6 pages) Resolution Authorizing Issuance and Sale of$5,110,000 General Obligation Improvement Refunding Bonds, Series 2011C (7 pages) Springsted recommendations for Issuance of Bonds (15 pages) Recommended Action Motion to adopt Resolution Authorizing Issuance and Sale of$1,840,000 General Obligation Improvement Bonds, Series 2011A. Motion to adopt Resolution Authorizing Issuance and Sale of$655,000 General Obligation Equipment Certificates, Series 2011B. Motion to adopt Resolution Authorizing Issuance and Sale of $5,110,000 General Obligation Improvement Refunding Bonds, Series 2011C. Resolution 11-14 April 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,840,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 2011A, in the principal amount of $1,840,000 (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance improvement projects in the City. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a negotiated basis. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,840,000* CITY OF GOLDEN VALLEY, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit ("Deposit") will be received on Tuesday, May 3, 2011, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained b®y PARITY® shall constitute the official time with respect to all Bids submitted to PARITY . Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the Preliminary;subject to change. services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated May 15, 2011, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2012. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2013 $ 85,000 2017 $125,000 2021 $125,000 2025 $80,000 2029 $ 95,000 2014 $ 75,000 2018 $100,000 2022 $125,000 2026 $80,000 2030 $ 95,000 2015 $115,000 2019 $115,000 2023 $ 75,000 2027 $85,000 2031 $100,000 2016 $ 75,000 2020 $125,000 2024 $ 75,000 2028 $90,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the maturity amounts offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2019, and on any day thereafter, to prepay Bonds due on or after February 1, 2020. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify 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. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. BIDDING PARAMETERS Proposals shall be for not less than $1,819,760 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $18,400, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond services(a�springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about May 26, 2011, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 20, 2011 BY ORDER OF THE CITY COUNCIL /s/ Susan Virnig Finance Director/Clerk Resolution 11-15 April 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $655,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2011B BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Equipment Certificates of Indebtedness, Series 2011B, in the principal amount of$655,000 (the Bonds), pursuant to Minnesota Statutes, Section 412.301 and Chapter 475, to finance various items of capital equipment. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a negotiated basis. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $655,000* CITY OF GOLDEN VALLEY, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2011B (BOOK ENTRY ONLY) Proposals for the Certificates and the Good Faith Deposit ("Deposit") will be received on Tuesday, May 3, 2011, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Certificates will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY°. For purposes of the electronic bidding process, the time as maintained b PARITY° shall constitute the official time with respect to all Bids submitted to PARITY Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY° shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY° shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY'''. The City is using the Preliminary;subject to change. services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Certificates, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE CERTIFICATES The Certificates will be dated May 15, 2011, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2012. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Certificates will mature February 1 in the years and amounts* as follows: 2013 $215,000 2014 $220,000 2015 $220,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Certificates or the maturity amounts offered for sale. Any such increase or reduction will be made in multiples of$5,000 in any of the maturities. In the event the principal amount of the Certificates is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Certificates is increased or reduced. BOOK ENTRY SYSTEM The Certificates will be issued by means of a book entry system with no physical distribution of Certificates made to the public. The Certificates will be issued in fully registered form and one Certificate, representing the aggregate principal amount of the Certificates maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Certificates. Individual purchases of the Certificates may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Certificates. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Certificates, will be required to deposit the Certificates with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Certificates will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance various items of capital equipment. BIDDING PARAMETERS Proposals shall be for not less than $626,070 and accrued interest on the total principal amount of the Certificates. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Certificates is adjourned, recessed, or continued to another date without award of the Certificates having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Certificates of the same maturity shall bear a single rate from the date of the Certificates to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $6,550, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA#121000248 For credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond servicesc springsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Certificates. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Certificates. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Certificates. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Certificates are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Certificates will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about May 26, 2011, the Certificates will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Certificates shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Certificates has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Certificates, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Certificates will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Certificates. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Certificates, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Certificates, as that term is defined in Rule 15c2-12. By awarding the Certificates to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates are awarded 30 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Certificates are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Certificates agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Certificates for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 20, 2011 BY ORDER OF THE CITY COUNCIL /s/ Susan Virnig Finance Director/Clerk Resolution 11-16 April 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $5,110,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2011C BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Refunding Bonds, Series 2011C, in the principal amount of$5,110,000 (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to provide funds to be used, along with other available funds, to refinance on February 1, 2012 (the Refunding), the 2013 through 2019 maturities of the City's General Obligation Improvement Bonds, Series 2003C, dated, as originally issued, as of June 1, 2003. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a negotiated basis. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,110,000* CITY OF GOLDEN VALLEY, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2011C (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit ("Deposit") will be received on Tuesday, May 3, 2011, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained b PARITY® shall constitute the official time with respect to all Bids submitted to PARITY Y Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the Preliminary;subject to change. services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated May 15, 2011, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2012. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts* as follows: 2013 $885,000 2015 $740,000 2017 $640,000 2019 $680,000 2014 $875,000 2016 $625,000 2018 $665,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the maturity amounts offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to, refund the February 1, 2013 through February 1, 2019 maturities of the City's General Obligation Improvement Bonds, Series 2003C, dated June 1, 2003. BIDDING PARAMETERS Proposals shall be for not less than $5,079,340 and accrued interest on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates are not required to be in level or ascending order; however, the rate for any maturity cannot be more than 1% lower than the highest rate of any of the preceding maturities. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $51,100, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 For credit to Springsted Incorporated, Account #635-5007954 Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond servicesgspringsted.com, including the following information; (i) indication that a wire transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT On or about May 26, 2011, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 200 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 20, 2011 BY ORDER OF THE CITY COUNCIL /s/ Susan Virnig Finance Director/Clerk City of Golden Valley, Minnesota Revised Recommendations for Issuance of Bonds General Obligation Improvement Bonds, Series 2077A General Obligation Equipment Certificates of Indebtedness, Series 201 lB General Obligation Improvement Refunding Bonds, Series 2017C The City has under consideration the issuance of bonds to (i)fund the City's annual Pavement Management Program, (ii)fund the acquisition of certain items of capital equipment, and (iii) refund an outstanding issue of City general obligation bonds. This document provides information relative to the proposed issuance. A Terms of Proposal for each of the obligations,with complete information for bidders, will be contained in a separate document. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the bond issuance. April 20, 2011 Council sets the sale date and terms of sale Week of April 25, 2011 (est.) Rating conferences are conducts May 3,2011, 10:00 a.m. Competitive proposals are received May 3, 2011, 6:30 p.m. Council considers award of Bonds May 26, 2011 Proceeds are received RATING: The City's general obligation debt is currently rated "Aaa" by Moody's. Applications will be made to Moody's Investors Service for ratings on the Bonds. THE MARKET: Performance of the tax-exempt market is often measured by the Bond Buyer's Index("BBI") which measures the yield of high grade municipal bonds in the 20th maturity year for general obligation bonds and the 25th maturity year for revenue bonds. The following chart illustrates these two indices over the past five years. BBI 25-bond (Revenue) and 20-bond (G.O.` Rates for 5 Years Ending 4/7/2011 6.5% - - -881 25 Bond anrzoll —"BBI 20 Bond 6.0% ." 25 bond:5.61% 20 bond:5.04% ' 5.5% r ' 'jr�''j'Ayyyy N 5.0% * ,r• 711., IMF 1 r ca 4.0% 3.5% , , , o d N Dates c.i Prepared by Springsted Incorporated T Q Springsted POST ISSUANCE The issuance of these Obligations will result in post-issuance compliance responsibilities. COMPLIANCE: The responsibilities lie in two primary areas: i)compliance with federal arbitrage requirements and ii)compliance with secondary disclosure requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as your issues have been structured. Post-issuance compliance responsibilities for your tax-exempt issues include both rebate and yield restriction provisions of the IRS Code. In very general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and/or reserves. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. Springsted provides these post issuance compliance services to the City under a separate contract. SCHEDULES For each of the issues we have included schedules showing the sources and uses of funds ATTACHED: and estimated debt service requirements, given the current interest rate environment. For the Series 2011A Bonds we have included a schedule showing the calculation of projected assessment income and two graphs depicting the projected debt service tax levy requirements. For the Series 2011 C Bonds we have included a schedule showing our estimate of interest cost savings resulting from the refunding. SUPPLEMENTAL Supplementary information will be available to staff and bond counsel, including detailed INFORMATION AND terms and conditions of sale, comprehensive structuring and refunding schedules, and BOND RECORD: information to assist in meeting post-issuance compliance responsibilities. Upon completion of the financing, a Bond Record will be provided that contains pertinent documents and final debt service calculations for the transaction. General Obligation Improvement Bonds, Series 2011A Description of Issue PURPOSE: The proceeds of the Series 2011A Bonds will be used to finance the City's 2011 Pavement Management Program. The 2011 Program is part of the City's Comprehensive Pavement Management Program. The Program typically involves improvements to various streets within the City including adjoining driveways which residents of the improved streets have the option to have repaved, with the cost to be assessed in addition to the street costs. The driveway improvements convey a benefit to private property which could cause the entire issue to be federally taxable, unless the construction amount is less than 5%. The City has limited its driveway expenditures to be within this requirement. Springsted Page2 AUTHORITY: Statutory Authority: The Series 2011A Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. SECURITY AND The Series 2011A Bonds will be general obligations of the City and will repaid from a SOURCE OF combination of special assessments and general property taxes. Assessments in the PAYMENT: principal amount of $506,000 will be spread over a term of 10 years with equal annual principal payments and interest charged on the unpaid balance at a rate of 6.00%. Assessments are expected to be filed on or about November 1, 2011 for first collection in 2012, STRUCTURING The City started the financing of its Comprehensive Pavement Management Program in SUMMARY: 1998. The City is striving to reach continuity in its annual tax levies for this program as additional years are added. Therefore, the tax levies required for the 2011 program build on previous programs and are structured to accommodate future programs. The Series 2011A Bonds have been structured to meet overall City levy targets for the next 10 years of the Comprehensive Pavement Management Program. The City's Debt Plan and target levies have been provided to us and we have incorporated them into our bond structuring process. This Plan is a combination of existing Pavement Management Debt, the current issue and estimated future issues. To the extent future decisions vary from these estimates we will work with the City to meet the target levy levels within the restrictions permitted by statutory bond requirements. The attachment schedules include the overall debt repayment program. RISKS/SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions. SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING: issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Bond maturing on or after February 1, 2020 may be prepaid at a price of par plus accrued interest on February 1, 2019. Bank Qualification: Because the City expects to issue less than $10,000,000 of taxexempt obligations in 2011,this issue will be designated as bank qualified. General Obligation Equipment Certificates of Indebtedness, Series 20118 Description of Issue PURPOSE: Proceeds of the Certificates will be used to finance the acquisition of equipment for City purposes. AUTHORITY: Statutory Authority: The Series 2011 B Certificates are being issued pursuant to Minnesota Statutes, Chapter 475 and Section 412.301. SECURITY AND The Series 2011 B Certificates will be general obligations of the City and will repaid from SOURCE OF general property taxes. PAYMENT: Springsted Page3 STRUCTURING At the direction of City staff, the Series 2011 B Certificates have been structured to result in SUMMARY: level debt service payments over a four-year term with three principal payments. RISKS/SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions. SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING: issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Due to their short duration, the Series 2011 B Certificates will not be subject to redemption prior to their stated maturities. Bank Qualification: Because the City expects to issue less than $10,000,000 of tax exempt obligations in 2011,this issue will be designated as bank qualified. General Obligation Refunding Improvement Bonds, Series 2011C Description of Issue PURPOSE: The proceeds of the Series 2011C Bonds will be used to advance crossover refund the February 1, 2013 through 2019 maturities of the City's General Obligation Improvement Bonds, Series 2003C, dated June 1, 2003 and currently outstanding in the aggregate principal amount of $5,770,000. The total principal amount of the Series 2003C Bonds to be refunded equals $4,970,000. The transaction is being proposed to achieve interest cost savings. AUTHORITY: Statutory Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 475 and 429. SECURITY AND The Series 2011C Bonds will be general obligations of the City and will repaid from a SOURCE OF combination of special assessments and general property taxes. PAYMENT: STRUCTURING The refunded principal of the Series 2003C Bonds ($4,970,000) will be called for SUMMARY: redemption on February 1, 2012. Proceeds of the Series 2011C Bonds will be held in escrow and invested in U.S. Treasury securities. The escrow will pay interest on the Series 2011C Bonds until the redemption date. The City will continue to pay scheduled debt service on the Series 2003C Bonds through the redemption date. On April 1, 2012 the escrow will pay the redemption price of the refunded principal of the Series 2003C Bonds. Thereafter,the City will pay the scheduled debt service on the Series 2011C Bonds. This refunding has been structured, pursuant to discussions with City staff, to result in even annual savings. As of the date of these recommendations, annual savings is estimated at $30,410, resulting in total future value savings of approximately $215,690 with a net present value, after all expenses, of $198,230. The net present value of interest cost reductions are 3.78%of the present value of the refunded debt service. State law and City policy require that present value savings be greater than 3%. Springsted Page 4 RISKS/SPECIAL The outcome of this financing will rely on the market conditions at the time of the sale. Any CONSIDERATIONS: projections included herein are estimates based on current market conditions. SALE TERMS AND Variability of Issue Size: A specific provision in the sale terms permits modifications to the MARKETING: issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Due to their short duration and in order to maximize savings, the Series 2011C Bonds will not be subject to redemption prior to their stated maturities. Bank Qualification: Because the City expects to issue less than $10,000,000 of tax exempt obligations in 2011,this issue will be designated as bank qualified. FEDERAL There are federal arbitrage restrictions relative to the level of investment yield that may be CONSIDERATIONS earned on the refunding escrow. A qualified CPA firm will be engaged to assure AND/OR compliance with federal regulations and to verify sufficiency of the escrow for the stated REQUIREMENTS: purpose. ._ S ringsted Pages $1,840,000 City of Golden Valley, Minnesota General Obligation Improvement Bonds, Series 2011A Sources & Uses Dated 05/15/2011 I Delivered 05/26/2011 Sources Of Funds Par Amount of Bonds $1,840,000.00 Accrued Interest from 05/15/2011 to 05/26/2011 1,754.42 Total Sources $1,841,754.42 Uses Of Funds Construction 1,341,375.00 Engineering 321,930.00 Administration/Legal. 80,483.00 Deposit to Capitalized Interest(CIF)Fund 39,075.80 Costs of Issuance 33,250.00 Total Underwriter's Discount (1.100%) 20,240.00 Rounding Amount 3,646.20 Deposit to Debt Service Fund 1,754.42 Total Uses $1,841,754.42 .Series 201141mprove Rind/SINGLEPURMS'E/4/7/1011 /239 PM * Sringsted Page 6 $506,000 City of Golden Valley, Minnesota General Obligation Improvement Bonds, Series 2011A Assessments ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31/2011 - - -12/31/2012 50,600.00 6.000% 35,420.00 86,020.00 12/31/2013 50,600.00 6.000% 27,324.00 77,924.00 12/31/2014 50,600.00 6.000% 24,288.00 74,888.00 12/31/2015 50,600.00 6.000% 21,252.00 71,852.00 12/31/2016 50,600.00 6.000% 18,216.00 68,816.00 12/31/2017 50,600.00 6.000% 15,180.00 65,780.00 12/31/2018 50,600.00 6.000% 12,144.00 62,744.00 12/31/2019 50,600.00 6.000% 9,108.00 59,708.00 12/31/2020 50,600.00 6.000% 6,072.00 56,672.00 12/31/2021 50,600.00 6.000% 3,036.00 53,636.00 Total $506,000.00 - $172,040.00 $678,040.00 SIGNIFICANT DATES Filing Date 11/01/2011 First Payment Date 12/31/2012 201/A A.vreemrnts/SIN6LE P(RP'SE/4/12/20!! / 1:16 PM ri :< Springsted Page7 $1,840,000 City of Golden Valley, Minnesota General Obligation Improvement Bonds,Series 2011A NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I CIF Net New D/S 105%of Total Assessment Levy Required 02/01/2012 - - 40,830.22 40,830.22 (40,830.22) - - - - 02/01/2013 85,000.00 0.750% 57,417.50 142,417.50 - 142,417.50 149,538.38 86,020.00 63,518.38 02/01/2014 75,000.00 1.050% 56,780.00 131,780.00 - 131,780.00 138,369.00 77,924.00 60,445.00 02/01/2015 115,000.00 1.500% 55,992.50 170,992.50 - 170,992.50 179,542.13 74,888.00 104,654.13 02/01/2016 75,000.00 1.850% 54,267.50 129,267.50 - 129,267.50 135,730.88 71,852.00 63,878.88 02/01/2017 125,000.00 2.200% 52,880.00 177,880.00 - 177,880.00 186,774.00 68,816.00 117,958.00 02/01/2018 100,000.00 2.500% 50,130.00 150,130.00 - 150,130.00 157,636.50 65,780.00 91,856.50 02/01/2019 115,000.00 2.800% 47,630.00 162,630.00 - 162,630.00 170,761.50 62,744.00 108,017.50 02/01/2020 125,000.00 3.050% 44,410.00 169,410.00 - 169,410.00 177,880.50 59,708.00 118,172.50 02/01/2021 125,000.00 3.300% 40,597.50 165,597.50 - 165,597.50 173,877.38 56,672.00 117,205.38 02/01/2022 125,000.00 3.450% 36,472.50 161,472.50 - 161,472.50 169,546.13 53,636.00 115,910.13 02/01/2023 75,000.00 3.650% 32,160.00 107,160.00 - 107,160.00 112,518.00 - 112,518.00 02/01/2024 75,000.00 3.750% 29,422.50 104,422.50 - 104,422.50 109,643.63 - 109,643.63 02/01/2025 80,000.00 3.950% 26,610.00 106,610.00 - 106,610.00 111,940.50 - 111,940.50 02/01/2026 80,000.00 4.050% 23,450.00 103,450.00 - 103,450.00 108,622.50 - 108,622.50 02/01/2027 85,000.00 4.150% 20,210.00 105,210.00 - 105,210.00 110,470.50 - 110,470.50 02/01/2028 90,000.00 4.300% 16,682.50 106,682.50 - 106,682.50 112,016.63 - 112,016.63 02/01/2029 95,000.00 4.350% 12,812.50 107,812.50 - 107,812.50 113,203.13 - 113,203.13 02/01/2030 95,000.00 4.400% 8,680.00 103,680.00 - 103,680.00 108,864.00 - 108,864.00 02/01/2031 100,000.00 4.500% 4,500.00 104,500.00 - 104,500.00 109,725.00 - 109,725.00 Total $1,840,000.00 - $711,935.22 $2,551,935.22 (40,830.22) $2,511,105.00 $2,636,660.25 $678,040.00 $1,958,620.25 Dated 5/15/2011 Delivery Date 5/26/2011 First Coupon Date 2/01/2012 Yield Statistics Bond Year Dollars $19,418.44 Average Life 10.554 Years Average Coupon 3.6662835% Net Interest Cost(NIC) 3.7705143% True Interest Cost(TIC) 3.7307469% Bond Yield for Arbitrage Purposes 3.6002328% All Inclusive Cost(AIC) 3.9497087% IRS Form 8038 Net Interest Cost 3.6572487% Weighted Average Maturity 10.554 Years Sen,2011.11mpnorr R,md/SIA'f,LRIRRPOSE/4/1_/2011/1.I6.Ii11 3 Springsted Page8 (-U - O CA _ CO O CV N _ (0 G CA II O G •• • 4. Cr low %„ - O 4• C4 C = rL 4. --- J _ C 4 C▪L 1 ra .... N co t• - J r.71 Ij - 0 PJ W �) r J r - r LC CO C.J >5 4■ co r ri CA 4) ,y- c. i In rJ f_. _ CA 11.$) O J CA OD I 7 t 1 7 , CA O O O O O O O o o O O a 0 o a o O o ID- o 0 0 CD P c P. a o 0 P O G O O O (C In cf. CO CA J Springsted Page9 1 I .-- CO CO 1 rrr - 2, 1 _ t'7 O 11r ++ _ M I O {V r - a _ CO CI CA Ir — ■ y(! a Q) Cr, _ as r � CO 41 - O U_ . : � N ❑ a. Jr _ 04 _._ ____.-tr;-: ___l c. CS iv ads — i O W ZIi ❑ co UI - C Z - o oy \ •—<'''''''''- to O y O J _ti\CI `� 1 I' _ CO O O C P O a O O O a O O PI O a O a CI PI- a a O O a O O O C O O CO kf) co N 03 EA EA EA EA E+? 74' Springsted Page 10 $655,000 City of Golden Valley, Minnesota General Obligation Equipment Certificates of Indebtedness, Series 2011B Sources & Uses Dated 05/15/2011 I Delivered 05/26/2011 Sources Of Funds Par Amount of Bonds $655,000.00 Accrued Interest from 05/15/2011 to 05/26/2011 220.69 Total Sources $655,220.69 Uses Of Funds Deposit to Project Construction Fund 630,000.00 Costs of Issuance 18,750.00 Total Underwriter's Discount (0.600%) 3,930.00 Rounding Amount 2,320.00 Deposit to Debt Service Fund 220.69 Total Uses $655,220.69 201le-Equip Cerr../SINGLE PURPOSE/4/7/2011 /2.. i I'M Springsted Page 11 $655,000 City of Golden Valley, Minnesota General Obligation Equipment Certificates of Indebtedness, Series 2011B DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105%Levy 02/01/2012 - - 5,136.00 5,136.00 5,392.80 02/01/2013 215,000.00 0.750% 7,222.50 222,222.50 233,333.63 02/01/2014 220,000.00 1.050% 5,610.00 225,610.00 236,890.50 02/01/2015 220,000.00 1.500% 3,300.00 223,300.00 234,465.00 Total $655,000.00 - $21,268.50 $676,268.50 $710,081.93 SIGNIFICANT DATES Dated 5/15/2011 Delivery Date 5/26/2011 First Coupon Date 2/01/2012 Yield Statistics Accrued Interest from 05/15/2011 to 05/26/2011 220.69 Bond Year Dollars $1,780.78 Average Life 2.719 Years Average Coupon 1.1943377% Net Interest Cost(NIC) 1.4150278% True Interest Cost(TIC) 1.4219389% Bond Yield for Arbitrage Purposes 1.1936012% All Inclusive Cost(AIC) 2.5362950% IRS Form 8038 Net Interest Cost 1.1819448% Weighted Average Maturity 2.719 Years Interest rates are estimates.Changes in rates may cause signiticant alterations to this schedule. The actual underwriter's discount bid may also vary. 2011B-Weir c,ta/SINGLE PURPOSE/4/7/2011/2:51 IM rA4t Springsted Page 12 $5,110,000 City of Golden Valley, Minnesota General Obligation Improvement Refunding Bonds, Series 2011C Crossover Refunding of Series 2003C Preliminary Feasibility Summary Dated 05/15/2011 I Delivered 05/26/2011 Sources Of Funds Par Amount of Bonds $5,110,000.00 Accrued Interest from 05/15/2011 to 05/26/2011 2,695.99 Total Sources $5,112,695.99 Uses Of Funds Deposit to Crossover Escrow Fund 5,027,226.90 Costs of Issuance 52,000.00 Total Underwriter's Discount (0.600%) 30,660.00 Rounding Amount 2,809.09 Total Uses $5,112,695.99 ISSUES REFUNDED AND CALL INFORMATION Prior Issue Call Price 100.000% Prior Issue Call Date 2/01/2012 SAVINGS INFORMATION Net Future Value Benefit $215,691.59 Net Present Value Benefit $198,230.65 Net PV Benefit/$5,246,235.69 PV Refunded Debt Service 3.779% BOND STATISTICS Average Life 4.458 Years Average Coupon 2.0662032% Net Interest Cost(NIC) 2.2007793% True Interest Cost(TIC) 2.1837249% krhhv 207/CRef20(11C/,SINGLJPVRIV.SG/ 4/6/2077 / 7:46AA4 Springsted Page 13 $5,110,000 City of Golden Valley, Minnesota General Obligation Improvement Refunding Bonds, Series 2011C Crossover Refunding of Series 2003C Debt Service Comparison Date Total P+I Escrow Existing D/S Net New D/S Old Net D/S Savings 02/01/2012 62,743.11 (5,032,743.11) 5,989,740.00 1,019,740.00 1,019,740.00 - 02/01/2013 973,232.50 - - 973,232.50 1,002,540.00 29,307.50 02/01/2014 956,595.00 - - 956,595.00 988,380.00 31,785.00 02/01/2015 812,407.50 - - 812,407.50 842,855.00 30,447.50 02/01/2016 686,307.50 - - 686,307.50 715,875.00 29,567.50 02/01/2017 689,745.00 - - 689,745.00 721,475.00 31,730.00 02/01/2018 700,665.00 - - 700,665.00 730,875.00 30,210.00 02/01/2019 699,040.00 - - 699,040.00 728,875.00 29,835.00 Total $5,580,735.61 (5,032,743.11) $5,989,740.00 $6,537,732.50 $6,750,615.00 $212,882.50 PV Analysis Summary(Net to Net) Net FV Cashflow Savings 212,882.50 Gross PV Debt Service Savings 195,421.56 Net PV Cashflow Savings @ 2.041%(Bond Yield) 195,421.56 Contingency or Rounding Amount 2,809.09 Net Future Value Benefit $215,691.59 Net Present Value Benefit $198,230.65 Net PV Benefit/$710,056.13 PV Refunded Interest 27.918% Net PV Benefit/$5,246,235.69 PV Refunded Debt Service 3.779% Net PV Benefit/ $4,970,000 Refunded Principal 3.989% Net PV Benefit/ $5,110,000 Refunding Principal 3.879% Refunding Bond Information Refunding Dated Date 5/15/2011 Refunding Delivery Date 5/26/2011 • mm,201 IC Ref 200.4C/SINGLE PURPOSE/4/6/2011 / 7:46 AM i 44 Springsted Page 14 $5,110,000 City of Golden Valley, Minnesota General Obligation Improvement Refunding Bonds, Series 2011C Crossover Refunding of Series 2003C Debt Service Schedule Date Principal Coupon Interest Total P+I 02/01/2012 - - 62,743.11 62,743.11 02/01/2013 885,000.00 0.750% 88,232.50 973,232.50 02/01/2014 875,000.00 1.050% 81,595.00 956,595.00 02/01/2015 740,000.00 1.500% 72,407.50 812,407.50 02/01/2016 625,000.00 1.850% 61,307.50 686,307.50 02/01/2017 640,000.00 2.200% 49,745.00 689,745.00 02/01/2018 665,000.00 2.500% 35,665.00 700,665.00 02/01/2019 680,000.00 2.800% 19,040.00 699,040.00 Total $5,110,000.00 - $470,735.61 $5,580,735.61 Yield Statistics Accrued Interest from 05/15/2011 to 05/26/2011 2,695.99 Bond Year Dollars $22,782.64 Average Life 4.458 Years Average Coupon 2.0662032% Net Interest Cost(NIC) 2.2007793% True Interest Cost(TIC) 2.1837249% Bond Yield for Arbitrage Purposes 2.0412705% All Inclusive Cost(AIC) 2.4280028% IRS Form 8038 Net Interest Cost 2.0543697% Weighted Average Maturity 4.458 Years Series 2UIIC Re!100.4C/SINGW FVRIUS6/ 4/6'/2071 / 7:46 AM Springsted Page15