05-03-11 CC Agenda Packet (entire) AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
May 3, 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
B. Northwest Hennepin Human Services Council Presentation 3
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 15, 2011 4-10
B. Approval of Check Register
1. City 11
2. Housing and Redevelopment Authority 12
C. Licenses:
1. Fireworks Permit -Americana Fireworks Display Company for Golden Valley 13
Days Art & Music Festival
2. Gambling License Exemption and Waiver of Notice Requirement - Rotary Club 14-17
of Crystal-New Hope-Robbinsdale
D. Minutes of Boards and Commissions:
1. Environmental Commission - February 28, 2011 18-19
2. Open Space and Recreation Commission - February 28, 2011 20
3. Bassett Creek Watershed Management Commission - March 17, 2011 21-33
E. Letters and/or Petitions:
1. Letter from City of Hopkins Regarding Step To It Challenge 34
F. Bids and Quotes:
1. Watermain Rehabilitation - Bids 35-47
2. Grounds Sweeper - Quotes 48
G. Receipt of March 2011 Financial Reports 49-56
H. Proclamation for Arbor Day and Arbor Month 57-58
I. Authorization to Sign Agreements with Barr Engineering Co. for Design and 59-69
Construction Coordination of Sweeney Lake Outlet Control Structure and Bassett
Creek Watershed Management Commission for Preparation of Feasibility Report
J. Call for Public Hearing - Sanitary Sewer Easement Vacation - 6210 and 6224 70-74
Wayzata Boulevard - 6/7/11 11-17
K. Authorization to Sign Amendment to Cooperative Agreement with Bassett Creek 75-80
Watershed Management Commission for Bassett Creek Main Stem Restoration
(Reach II)
3. CONSENT AGENDA - CONTINUED
L. Temporarily Restricting Vehicle Parking for Valley Days 11-18 81-85
M. Adoption of Livable Communities Housing Act - Housing Action Plan 86-91
N. Redesignating Depositories for City Funds 11-19 92-94
O. Board/Commission Appointments 95-96
4. PUBLIC HEARINGS 7 PM
5. OLD BUSINESS
6. NEW BUSINESS
A. On Sale and Sunday Sale Liquor License - Osaka Golden Valley Inc. d/b/a Osaka 97
Sushi and Hibachi
B. Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and 98-157
Providing for the Payment of:
1. $1,840,000 General Obligation Street Improvement Bonds, Series 2011A
11-20
2. $655,000 General Obligation Equipment Certificates of Indebtedness, Series
20118 11-21
3. $5,110,000 General Obligation Improvement Refunding Bonds, Series 2011C
11-22
C. Announcements of Meetings
D. Mayor and Council Communications
7. ADJOURNMENT
City Administration/Council
Cen
Go! ey 763-593-8003/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
1. B. Northwest Hennepin Human Services Council Presentation
Prepared By
Thomas D. Burt, City Manager
Summary
Susan Blood, Executive Director, along with other staff members, will attend the meeting and
make a brief presentation on the services they provide.
Attachments
Folder of information submitted by Northwest Hennepin Human Services Council (loose in
agenda packet)
(5f"��I���c� af' �l3/ll Co�r��l n��etrhf
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May 1, 2011
Dear Council Members,
I have been representing Golden Valley as a member of the NWHHSC Advisory
Commission since last July. I have attended six meetings since my appointment and
have been mostly in a learning mode. I would like to have shared my experiences in
person, but I previously committed to another speaking engagement.
During my appointment I have come to recognize that the NWHHSC is made up of a
core of experts in Human Services planning and research who are highly capable of
managing our neighboring communities in order to provide a broad range of services.
Programs reviewed during my tenure include the: Community Development Block
Grant, Emergency Services and Housing Program, and the Homeless Management
Information Systems Program.
I also have taken time to tour PRISM and the Greater Minneapolis Crisis Nursery to
understand the services they provide. In this same spirit I attended the talk given on the
Human Rights Commission of Golden Valley in April. And, I've been reading the City
Council meeting minutes online to see if there is anything I should be advocating at our
meetings. As part of the Advisory Commission, I have helped sponsor a grant request
to potential corporate donors highlighting the benefits which NHHSC resources provide.
I have advocated women's health by requesting Golden Valley join the State in the "Go
Red Day" Proclamation. And I was an advocate for the human services available to
Golden Valley Seniors at the Golden Valley Senior Fair Event last October.
As I transition from a learning mode to a contributory mode, my goal is to help the City
of Golden Valley to receive the maximum benefit from NWHHSC and also help the
organization to remain a sustainable, value-adding partner to our community.
I would be happy to provide additional information to the Council as needed. Please
free to contact me by email or phone.
Best regards,
Kim A. Rottmann
karottmannCa�msn.com
763-521-4941
Regular Meeting
of the
City Council
March 15, 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 15, 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.
Presentation Regarding Farmer's Market
Kristine Frey, reviewed the proposal for a farmer's market to be held under the water tower,
including produce, some food, local music and non-profit booths to be held on Sundays
from June 26 to October 9. Thomas Burt answered questions from the Council.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the
City Manager to negotiate a contract with Kristine Frey for a farmer's market on city owned
property.
Approval of Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of March 15, 2011 as amended: Addition of New Business - Legislative Hearing -
Suspension of Tobacco Licenses and Payment of Bonds.
Approval of Consent Agenda
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the
consent agenda of March 15, 2011 as amended: Removal of Support for Complete Streets
and Continued Use of Plans and Policies Supporting Transportation Systems.
*Approval of Minutes - Council/Manager Meeting - February 8, 2011
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the Council/Manager Meeting minutes of February 8, 2011 as submitted.
*Approval of Check Register
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City bills as submitted.
*General Business Licenses
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
Regular Meeting of the City Council
March 15, 2011
Page 2
*Gambling License Exemption and Waiver of Notice Requirement - Sabes Jewish
Community Center
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Sabes Jewish Community Center.
*Minutes of Boards and Commissions
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Minneapolis Water Advisory Board - November 4, 2010
Environmental Commission - January 3, 2011
Connection Project Board of Directors - January 13, 2011
Open Space and Recreation Commission - January 24, 2011
Bassett Creek Watershed Management Commission - January 20, 2011
*Dewaterinq Pump - Quotes
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to purchase
one used 2010 Godwin Model CD150M 6-inch dewatering pump with approximately 70
logged operational hours, including Minnesota sales tax, for $30,993.75 from Ziegler
Caterpillar, for a savings of $2,536.94 over the cost of a new pump. The bids are as
follows:
New Pump - Ziegler Caterpillar $33,530.69
New Pump - American Tractor & Equipment Co. $35,258.06
Used Pump - Ziegler Caterpillar (2010 Model) $30,993.75
*Email from Carmen Dougherty-Heim Regarding Botteneau Light Rail Line,
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the email from Carmen.Dougherty Heim, dated February 23, 2011, regarding
Botteneau Light Rail Line.
*Emails from Paul Flower, Ross House, Frank Tenczar, Christine Tenczar and
George Abide Regarding Dog Licensing
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file email from Paul Flower, dated February 23, 2011; email from Ross House, dated
February 23, 2011; email from Frank Tenczar, dated February 23, 2011; Christine Tenczar,
dated February 24, 2011 and George Abide, dated February 25, 2011 regarding dog
licensing.
Regular Meeting of the City Council
March 15, 2011
Page 3
*Authorization to Sign Contract with Prairie Restorations, Inc. for Restoration and
Maintenance of Native Plant Communities
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to authorize the
Mayor and City Manager to sign the Contract for Professional Services with Prairie
Restoration, Inc. for 2011 Restoration and Maintenance of Native Plant Communities in the
amount of$25,350.
Support for Complete Streets and Continued Use of Plans and Policies Supporting
Transportation Systems
Council Member Freiberg removed the agenda item to acknowledge what the City is doing
to support for complete streets.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 11-8
RESOLUTION SUPPORTING COMPLETE STREETS AND DIRECTING STAFF TO
CONTINUE TO USE ESTABLISHED PLANS AND POLICIES SUPPORTING
TRANSPORTATION SYSTEMS FOR ALL USERS
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.
*Approval of Plat - Fretham Eleventh Addition
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 11-9
RESOLUTION FOR APPROVAL OF PLAT - FRETHAM ELEVENTH ADDITION
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
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.
*Call for Public Hearing - Special Assessments - 4/19/11
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to call a public
hearing for special assessments for April 19, 2011 at 7 pm.
Regular Meeting of the City Council
March 15, 2011
Page 4
*Receipt of February 2011 Financial Reports
MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to receive and
file the February 2011 Financial Reports.
*Authorizing Transfers from General Fund
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 11-10
RESOLUTION AUTHORIZING THE TRANSFER OF $900,000 FROM THE
GENERAL FUND TO THE EQUIPMENT REPLACEMENT FUND ($600,000)
AND EMPLOYEE BENEFITS FUND ($300,000)
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
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.
*Acceptance of Donations for 125th Anniversary
Member Scanlon introduced the following resolution and moved its adoption:
RESOLUTION 11-11
RESOLUTION ACCEPTING DONATIONS FOR
GOLDEN VALLEY 125th ANNIVERSARY
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
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.
Public Hearing - Second 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 Pentel:
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.
Regular Meeting of the City Council
March 15, 2011
Page 5
Public Hearing - Second Consideration - Ordinance #456 - Amending Electric
Franchise Fee Ordinance #447 with Northern States Power d/b/a Xcel Energy -
Continued
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 Second Consideration. Upon a roll call vote, the vote was
as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Public Hearing - Ordinance #457 - Rezoning from Commercial Zoning District to
Business and Professional Offices Zoning District 5075 Wayzata Boulevard and
1400, 1500 Highway 100 South
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 457, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Rezoning 5075 Wayzata Boulevard and 1400 and 1500 Highway 100 South from
Commercial Zoning District to Business and Professional Offices Zoning District
City of Golden Valley, Applicant
Mark Grimes, Director of Planning and Development, reviewed the rezoning and answered
questions from the Council.
Dave Cera, Planning Commission, presented the Planning Commission report 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.
Carl Ewald, Duke Realty, stated they oppose the limitations the change in zoning will put
on the property; such as development of a hotel; feel that because of market conditions
anything that limits the use of the site is a concern; concerned that it does not allow for a
parking deck as a permitted use; and requested that if it is proposed to be Business and
Professional Office zoning district they be allows to add as a permitted use for their
property the uses in Section 11.45, subdivision 8, off street parking for adjacent uses.
The Mayor closed the public hearing.
Regular Meeting of the City Council
March 15, 2011
Page 6
Public Hearing -Ordinance #457 - Rezoning from Commercial Zoning District to
Business and Professional Offices Zoning District 5075 Wayzata Boulevard and,
1400, 1500 Highway 100 South
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #456, 2nd Series on Second Consideration. Upon a roll call vote, the vote was
as follows:
FREIBERG - YES LOOMIS - NO PENTEL - YES SCANLON - YES SHAFFER - YES
Legislative Hearing - Suspension of Tobacco Licenses and Payment of Bonds
Mayor Loomis stated that the City was requested to send a representative to testify at the
Legislature regarding cities being able to suspend tobacco licenses and possibly testifying
regarding the taxing authority for cities to pay bonds.
MOVED Pentel, seconded by Freiberg and motion carried unanimously to approve Council
Member Shaffer to testify regarding the ability of cities to suspend tobacco licenses for
failed compliance checks and possibly testifying regarding the taxing authority for cities to
pay bonds, if needed.
Announcements of Meetings
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.
The City offices will be closed on March 23, 2011 from 12 noon until 4:30 pm to conduct
public safety training exercises.
The next City Council meeting will be held on April 5, 2011 at 6:30 pm.
Some Council Members may attend the Neighborhood Watch meeting for Zone 5A on April
5, 2011 at 7 pm.
Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April
9, 2011 beginning at 8:30 am at the Davis Community Center at Meadowbrook Elementary.
Mayor and Council Communications
No action and/or discussion took place.
Regular Meeting of the City Council
March 15, 2011
Page 7
Adjournment
The Mayor adjourned the meeting at 7:36 p.m.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant
PE ,.
Go /� P Vt+ V 763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. B. 1. 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
Document sent via email.
Recommended Action
Motion to authorize the payment of the bills as submitted.
/� ey Finance`0 w Memorandum 763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
Document sent via email.
Recommended Action
Motion to authorize the payment of the bills as submitted.
dad ,,4„ Memorandum
Q lden ValleyFire Department
763-593-8079/763-593-8098 (fax)
cpuvRF tsr
Executive Summary for Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. C. 1. Fireworks Permit - Americana Fireworks Display Company for Golden Valley Days
Art & Music Festival
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The Americana Fireworks Display Company has submitted a fireworks permit application
requesting approval to discharge aerial fireworks at the Golden Valley Days Art & Music
Festival during the evening of Saturday, May 21, 2011 at 9:15 pm. A rain date is set for
Sunday, May 22, 2011 at 9:15 pm.
The location of the fireworks display will be at the northeast corner of Brookview Park.
Americana Fireworks Display Company has indicated that they need to maintain a 420-foot
radius to discharge 6-inch aerial display shells. The launch site is the same location that has
been used since 2005.
Recommended Action
Motion to approve the fireworks display permit for Americana Fireworks Display Company to
discharge aerial fireworks at the Golden Valley Days Art & Music Festival on Saturday, May
21, 2011 or on the rain date of Sunday, May 22, 2011.
Get u��ll�'ti� ti w sl,. Memorandum
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City Administration/Council
0 V 763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. C. 2 Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of
Crystal-New Hope-Robbinsdale
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from Rotary Club of Crystal-New Hope-Robbinsdale requesting waiver of 30 day
waiting period (1 page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Rotary Club of Crystal-New Hope-Robbinsdale.
Minnesota Lawful Gambling Page 1 of 2 3/11
LG220 Application for Exempt Permit Application fee
If application postm-rked orreceived:
An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days
- conducts lawful gambling on five or fewer days,and before the event before the event
- awards less than$50,000 in prizes during a calendar year. $100 $50
ORGANIZATION INFORMATION Check# $
Organization name Previous gambling permit number
Rotary Club of Crystal-New Hope-Robbinsdale X-04594
Minnesota tax ID number, if any Federal employer ID number, if any
141— 88
Type of nonprofit organization. Check one.
Fraternal [ Religious Veterans I✓' Other nonprofit organization
Mailing address City State Zip Code County
P.O. Box 22714 Robbinsdale MN 55422 Hennepin
Name of chief executive officer (CEO) Daytime phone number Email address
Anita Perkins 763-458-1110
Attach a copy of ONE of the following for proof of nonprofit status.
Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status.
rislonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building,St. Paul, MN 55155
Phone: 651-296-2803
FIIRS income tax exemption [501(c)] letter in your organization's name. •
Don't have a copy? To obtain a copy of your federal income tax exempt letter,have an organization officer
contact the IRS at 877-829-5500.
✓...:IRS-Affiliate of national,statewide,or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity will be conducted. For raffles,list the site where the drawing will take place.
Golden Valley Country Club
Address (do not use PO box) City or township Zip Code County
7001 Golden Valley Road Golden Valley 55427 Hennepin
Date(s) of activity(for raffles, indicate the date of the drawing)
June 6, 2011
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
Bingo* _ ' Raffles Paddlewheels* Pull-Tabs* Tipboards*
* Gambling equipment for pull-tabs, bingo paper, tipboards, and
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and
bingo number selection devices may be borrowed from another
organization authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and click
on List of Licensed Distributors, or call 651-639-4000.
LG220 Application for Exempt Permit Page 2 of 2 3/11
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If the gambling premises is within city limits, If the gambling premises is located in a township, a
a city official must check the action that the city is county official must check the action that the county is
taking on this application and sign the application. taking on this application and sign the application.
A township official is not required to sign the
t/ application.
"J-,The application is acknowledged with no waiting The application is acknowledged with no waiting
period. period.
The application is acknowledged with a 30 day The application is acknowledged with a 30 day
waiting period,and allows the Board to issue a waiting period,and allows the Board to issue a
permit after 30 days(60 days for a 1st class city). permit after 30 days.
The application is denied.
The application ' denied.
� Print county name
Print city name 14�ofd i l ✓g/ //e On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
On behalf of the city, I acknowledge this application.
S'. re of 'ty oars. nel r- ing application
,/, _ !` �:
'% A, ifs Title Date
Titl: if � Lt. Date I��l 1 (Optionial) TOWNSHIP: On behalf of the township,I
acknowledge that the organization is applying for exempted
gambling activity within the township limits. [A township has no
statutory authority to approve or deny an application[Minnesota
Statute 349.166)]
Print township name
Signature of township official acknowledging application
Title Date
CHIEF EXECUTIVE OFFICER`S SIGNATURE Print form and have CEO sign
The information provided in this application is complete -. accurate to the best of my knowledge. I acknowledge
that the financial report will be completed returned • he :oard within 30 days of the date of our gambling
activity.
Chief executive officer's signature Date /`i}/��f/
Complete a separate application for each gambing activity: Financial report and recordkeeping
• one day of gambling activity required
• two or more consecutive days of gambling activity A financial report form and instructions will
• each day a raffle drawing is held be sent with your permit, or use the online
fill-in form available at
Send application with: www.gcb.state.mn.us. Within 30 days of the
• a copy of your proof of nonprofit status, and activity date, complete and return the
• application fee for each event financial report form to the Gambling
Make check payable to "State of Minnesota." Control Board.
Questions?
To: Gambling Control Board Call the Licensing Section of the Gambling
1711 W est County Road B, Suite 300 South Control Board at 651-639-4000.
Roseville, MN 55113
This form will be made available in alternative format(i.e.large print,Braille)upon request.
Data privacy notice: The information Your organization's name and Private data about your organization are available
requested on this form (and any address will be public information to: Board members, Board staff whose work
attachments) will be used by the Gambling when received by the Board. All requires access to the information; Minnesota's
Control Board (Board)to determine your other information provided will be Department of Public Safety;Attorney General;
organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota
in lawful gambling activities in Minnesota. organization until the Board Management&Budget,and Revenue; Legislative
Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling
supply the information; howeve r, if your Board issues the permit, all regulatory agencies;anyone pursuant to court
organization refuses to supply this information provided will become order; other individuals and agencies specifically
information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access
determine your organization's qualifications issue a permit, all information to the information; individuals and agencies for
and,as a consequence,may refuse to issue provided remains private,with the which law or legal order authorizes a new use or
a permit. If your organization supplies the exception of your organization's sharing of information after this notice was given;
information requested,the Board will be name and address which will and anyone with your written consent.
able to process your organization's remain public.
application.
Reset F
P.O. BOX 22714, ROBBINSDALE, MN 55422
April 15, 2011
APR 19 2011
Ms. Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Ms. Nally:
The Rotary Club of Crystal — New Hope — Robbinsdale
will host our annual Elmer's Rotary Golf Classic
fundraising event at the Golden Valley Country Club on
Monday, June 6, 2011 . We are requesting permission to
hold a raffle at this event and respectfully request that
the City Council waive the customary 30-day waiting
period for the exemption for lawful gambling permit
required for this type of event.
Thank you for your consideration.
Yours truly,
1,&/
John Spilane
Treasurer
763-545-3495
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
February 28, 2011
Present: Commissioners, Anderson, Baker, Gitelis, Hill, Stremel, Al Lundstrom,
Environmental Coordinator, Joe Hogeboom, City Planner and Lisa Nesbitt,
Administrative Assistant
Absent: Commissioner Pawluk
1. Call to Order
Baker called the meeting to order at 7:00 pm.
2. Approval of Regular Meeting Minutes —January 3, 2010
MOVED by Stremel, seconded by Gitelis, and the motion carried unanimously to approve
the minutes of the January 3, 2011.
3. Residential Solid Waste and Recycling Study
Dave McNary and Caroline Collopy, from Hennepin County Environmental Services, spoke
to the Commission about possible ways to increase recycling participation (presentation on-
file).
Baker and staff met to discuss the next steps in this study. A summary of that meeting is
outlines in the February 24, 2011 memo on-file. The commissioners agreed that the next
area of focus will be using hauler licensing to encourage innovation. To assist in the
process, Hogeboom will solicit other cities regarding their licensing requirements, possible
same-day collection policies and recycling of construction materials. He will also look into a
similar study, done by the Planning Commission, in the past.
As part of the education component, the CityNews will feature information on recycling
textiles. The Commission recommended including a definition of textiles as well as
information about places to bring unwanted textiles, such as the green boxes located in
various locations, owned by USAgain.
5. Program/Project Updates
A. TMDL — No updates
B. I/I — Commissioners were given a copy of the most recent quarterly status
report.
C. Private Development Update —
a. Menards is closed until May 2012
b. Venture Bank has submitted an application for the old Art Holdings
building on Wayzata Blvd.
6. Commission Member Council Reports
None
7. Other Business
None
Minutes of the Environmental Commission
February 28, 2011
Page 2 of 2
8. Adjourn
MOVED by Gitelis, seconded by Stremel, and the motion carried to adjourn.
The meeting adjourned at 9:10 pm. The next scheduled meeting will be March 28, 2011 at
7:00 pm.
GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION
Regular Meeting
Minutes
February 28, 2011
1. Call to Order
Mattison called the meeting to order at 7:00 p.m.
2. Roll Call
Present: Roger Bergman, Brad Kadue, Bob Mattison, Emily Piper, Anne
Saffert, Dan Steinberg, Rick Jacobson, Director of Parks and
Recreation; Sandy Werts, Volunteer Coordinator; and Sheila Van
Sloun, Administrative Assistant.
Absent: Kelly Kuebelbeck and Jerry Sandler.
3. Agenda Changes or Additions
None made.
4. Approval of Minutes —January 24, 2011
MOTION: MOVED by Kadue and seconded by Steinberg to approve the
January 24 meeting minutes. Motion carried unanimously.
5. Recreation Report— Sandy Werts
Jacobson introduced Werts, the new Volunteer Coordinator. Werts gave a brief
background stating she has worked with youth, adult and senior programs for 35
years and comes to us from the city of Eden Prairie.
In her role, she is the staff liaison to the Golden Valley Envision Board of
Directors. She's currently working with the annual Lilac Planting and Golden
Valley's 125th Anniversary. Werts then gave details on events that will take place
for the 125th Anniversary.
6. Honeywell Little League Area
Jacobson said plans are going out for bid. The proposed plans will then be sent
to the Bassett Creek Watershed District for approval. Bids are scheduled to be
opened on March 22 with awarding on April 5 by the City Council.
Jacobson said an update on the project is part of the agenda for the March 8
Council/Manager Workshop. Naming rights for the park and fields will also be
discussed at the workshop.
7. Valley Days
Jacobson announced that the annual Valley Days celebration is going to be a
one-day event on Saturday, May 21 at Brookview Park. He said the planning
committee is currently looking at alternate routes for the morning parade.
8. Adiournment
MOVED by Kadue and seconded by Steinberg to adjourn at 7:45 p.m. Motion
carried unanimously.
Bassett Creek"'Vtratershed Management Commission
Minutes of the Meeting of march 47, 2011
1. Call to Order
The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:30 a.m.,on
Thursday,March 17,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert conducted roll call.
Roll Call
Crystal Commissioner Pauline Langsdorf Administrator Geoff Nash
Golden Valley Commissioner Linda Loomis,Chair Counsel Charlie LeFevere
Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler
Minneapolis Alternate Commissioner Lisa Goddard Recorder Amy Herbert
Minnetonka Absent
New Hope Alternate Commissioner Al Sarvi
Plymouth Commissioner Ginny Black,Vice Chair
Robbinsdale Absent
St.Louis Park Commissioner Jim de Lambert,Secretary
Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park
Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth
Jeannine Clancy,BCWMC Technical Advisory Committee,City of Golden Valley
Jack Frost,Metropolitan Council Environmental Services
Christopher Gise
Dave Hanson,Alternate Commissioner,City of Golden Valley
Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal
Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale
Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley
Keith Pilgrim,Barr Engineering Company
Jason Quisberg,Bonestroo/City of New Hope
Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka
Brad Wozney,Minnesota Board of Water and Soil Resources
2., Approval ofAgenda:and Consent Agenda
Chair Loomis removed the March financial report from the Consent Agenda at the request of
Administrator Nash.Commissioner Black moved to approve the Consent Agenda as amended and to
approve the agenda.Commissioner Langsdorf seconded the motion but added that the date of the
Zachary Lane Environmental Fair was incorrect in the February meeting minutes and the date should be
listed as May 12th.Chair Loomis requested reordering the agenda to move up today's presentations so
that they would follow Agenda item 3—Citizen Input on Non-agenda Items.Commissioner Black and
Commissioner Langsdorf approved the friendly amendment to the motion.The motion carried
unanimously with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote].
3 Citizen Input on Non-Agenda items
Alternate Commissioner Al Sarvi brought up an item as a resident of New Hope.He said that the
residents around Northwood Lake have a lot of concerns about geese.He asked if anyone knew of a
regional organization that had a goose management plan or if there should be a local movement for the
creation of such a plan.Mr.Asche said that a few years ago the City of Plymouth had a goose
management program and that the City worked through the University of Minnesota.He said that the
City had stopped that program and the professor that headed the program handed it over to someone
else.Mr.Asche volunteered to do a little research to try to track down a contact.Alternate Commissioner
Hoshal added that the City of Medicine Lake has a contract with the Canada Goose Program through the
University of Minnesota and that he can provide that contact information to Alternate Commissioner
Sarvi.
4. Administration
Administration items were deferred to later on the agenda.
5 New Business
A. Presentation by Brad Wozney,Board Conservationist with the Minnesota Board of Water and Soil
Resources (BWSR),on the Watershed Management Plan Process and 8410 Rules Revisions.Mr.
Wozney gave a brief overview of the three different ways that watersheds are organized:joint powers
organizations,watershed districts,and as a function of county government,which are typically
governed by the county planning department.He reminded the Commission that Watershed
Management Plan revisions are required every ten years and that BWSR's process for watershed
management plans is captured in the 8410 rules,which are currently being revised.He also reminded
the Commission that Mr.LeFevere and Ms.Chandler,BCWMC staff,are part of the Advisory
Committee for the 8410 rules revision.
Mr.Wozney recommended that the Commission consider engaging the Mississippi WMO,Scott
WMO,and Carver WMO in dialogues regarding their experiences with the Plan approval process.He
mentioned that similarly to the BCWMC,the Shingle Creek WMO would be going through their
revision process concurrently with the 8410 rules revision process.
Mr.Wozney stated that BWSR envisions that the BCWMC will create the Plan with the intent that
there will be frequent updates throughout and the Capital Improvement Plan will be reviewed every
two years at the minimum.
Mr.Wozney referred to the handout entitled,"Revised Watershed Management Plan Process under
draft revised 8410 rules."He said that although it is not listed on the handout,BWSR strongly
recommends that the first action the Commission should undertake is a visioning process.Mr.Wozney
said the Commission should envision what it wants its watershed to look like in 10 years.He continued
by saying that the Commission's vision process could include considerations for its goals for the next
10 years in terms of the watershed's natural resources,its administration,and its external
communications as in how does the organization deal with all of these members jointly.Mr.Wozney
reiterated that BWSR strongly advised the Commission to go through a visioning process.He said that
once the Commission completes that visioning process,it should begin with the steps laid out by
BWSR in its"Revised Watershed Management Plan Process."
Mr.Wozney explained that step one is to establish a means of public and technical participation in the
revision process that is acceptable to BWSR.He mentioned that JPA WMOs aren't required to have
formal technical and citizen advisory committees,but if the Commission isn't going to use that model
then BWSR and the Commission would need to reach an agreement on an acceptable method for
obtaining the necessary participation.He recommended that the Commission let BWSR know its
intent for the public participation process very soon.Mr.Wozney referred to his second handout,
entitled"Example Methods for Acquiring Public Input," and added that another idea would be to
conduct an online survey,such as through Survey Monkey,for watershed residents and to enter
respondents in a drawing for a prize such as a large-screen television.He said he thinks the public
input process will be a combination of the public coming to the BCWMC with input and the BCWMC
going to the public to request input.
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BCWMC March 17,2011 Meeting Minutes
He said that steps two and three are typically combined and are the notification processes to let
stakeholders know that input is requested. Mr.Wozney said that the Commission has a very effective
TAC process.He added that the Commission could consider involving in the stakeholder process all
relevant city departmental staff such as public works,the Three Rivers Park District,and Hennepin
County.Mr.Wozney commented that individual commissioners'input should be gathered during the
visioning process he already described.He said the Commission's input into the goals and the actions
are important and should be documented.
Mr.Wozney explained that step 4 is to receive,review,and discuss the input that was received.He
explained that this step is really the kickoff of the planning process.He added that part of this step is
documenting that an effective public mechanism was utilized.
He moved on to step 5,which is working through priority issues.He said that the Commission will
want to assess the issues identified in its earlier steps.Mr.Wozney spoke about trend analysis and said
that as part of the plan the Commission should develop trend analyses to determine whether the
waterbodies are improving,hitting plateaus,or getting worse,which will play into the prioritizing
process.He said the Commission will want to evaluate all relevant plans and programs,such as
monitoring,modeling,previous studies,clean water plans,and resource management plans.He spoke
about gap analysis and referred to the gap analysis handout he passed out.Mr.Wozney clarified that
these plans are"watershed"plans not"watershed management organization"plans.He instructed the
Commission to take inventory of what everyone in the watershed is doing and then to identify the
gaps.He said the Commission could also conduct a gap analysis of issues by taking into consideration
all that is going on with local water plans and stormwater pollution prevention plans(SWPPPs).Mr.
Wozney said that BWSR hopes to provide more guidance on that piece.
Mr.Wozney said that BWSR recommends that the Commission keeps the state agencies informed
early in the process and that BWSR is pushing the state agencies to provide input to the watershed
organizations early in the process.He reminded the Commission that although BWSR awards the
Clean Water Fund grants,the state agencies help to rank and ultimately determine the fate of the
CWL grant applications.
He continued with the plan process and explained that the next portion of the process is the plan
content as described starting with step 6"Goals"listed on the handout"Revised Watershed
Management Plan Process under draft revised 8410 rules.Mr.Wozney stated that the Commission
should make its goals outcome-based and measurable.He said to avoid the use of the following terms
in the plan:support,encourage,working with,cooperating with,and whenever possible.He said those
terms are nebulous and it would be hard to tell when those goals have been accomplished.Mr.
Wozney said that the Commission should establish procedures for grading performance for each goal
at a minimum of every two years.
Mr.Wozney moved onto step 7—implementation.He said that BWSR wants the Commission to
concentrate on this component and basically spend the most time working on this area.He said that in
this step the Commission will clearly define who will do what,when,and for how much.Mr.Wozney
said that BWSR expects there to be a robust Capital Improvement Plan included in the Commission's
plan.He commented that the plan signals the watershed's intentions to its taxpayers and that being
vague isn't fair to them and conversely being clear and as specific as possible will give the Commission
an advantage.
He briefly touched on steps 8 and 9,which describe plan amendments and the annual report and audit
component.
Mr.Wozney added that he recommends that the Commission do things as a service to its member
cities.He also added an outside-of-the-box suggestion.He remarked on Hennepin County's interest in
learning more and considering the pursuit of legislation to grant joint powers WMOs in Hennepin
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BCWMC March 17,2011 Meeting Minutes
County special taxing authority,which is the Mississippi WMO model.He suggested that the
Commission consider that idea and decide if it supports it or not and maybe even go as far as having
language in its plan to incorporate that possibility.Mr.Wozney suggested that having BWSR and the
County in the room with the Commission may facilitate that process.
He mentioned assessment programs and again highlighted the importance of the Commission
establishing an assessment process as part of its plan and that it will undertake at least every two
years.Mr.Wozney mentioned BWSR's PRAP(Performance Review and Assessment Program).He
said that one of the components is whether the organization has a commissioner training plan and he
added that the Commission could discuss its training plan or its needs for a training plan as part of the
revision process.Commissioner Black asked if the every-two-year assessment process relates to the
Commission's annual audit and report process.Mr.Wozney said that they aren't the same processes
although the Commission would likely report its Plan assessment process and information as part of
its annual report.Mr.Wozney commented that he particularly likes the Commission's model of
appending the audit with the activity report.He says the areas in which BWSR sees deficiencies in
other annual reports is in the assessment of implementation and the assessment of implementation by
the local water plans.
Mr.Wozney said that another component to determine the Commission's success would be an
evaluation of budget figures such as the percent of administrative expenses versus the percent of
construction costs.He pointed out that the Commission should make sure that its Joint Powers
Agreement should provide all of the authorities its needs to implement its next plan.
Mr.Wozney opened the discussion up for questions.Ms.Clancy asked about revision of goals between
second and third generation plans for plans that already have detailed goals.Mr.Wozney replied that
potentially and even likely the Commission's goals will stay the same and the Commission will just
take the goals to the next level of implementation.
There was some discussion about the amount of time it will take BWSR to review the plan once it's
submitted by the Commission and whether the Commission should consider submitting the plan to
BWSR on a conservative timeline,meaning the Commission would allow plenty of time for BWSR to
review the plan prior to the plan's expiration in September 2014.Mr.Wozney added that according to
today's BWSR policy,if an organization's plan expires,it is not eligible for Clean Water Legacy Grant
Funds.
Mr.Hoshal asked if Mr.Wozney knew of any WMOs restructuring into watershed districts.Mr.
Wozney said he didn't know of any organizations considering restructuring into the district model but
that there are WMOs considering gaining a special taxing authority designation.
6. Old Business
D. 2010 Water Quality Monitoring Activities:
i. 2010 Lake Water Quality Study for Medicine Lake.Dr.Keith Pilgrim,limnologist with
Barr Engineering Company,provided a PowerPoint presentation and discussed the
Commission's water quality monitoring program on Medicine Lake and its results from
the 2010 monitoring.He said that the long-term monitoring program on the lake detects
land-use changes,BMP implementation,in-lake activities,and other changes such as
affects of climate.
Dr.Pilgrim explained that phosphorus,chlorophyll a,clarity,temperature,conductivity,
and dissolved oxygen are measured to evaluate the health of the lake.He said that
phytoplankton,zooplankton,and aquatic plants are also monitored as part of the
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BCWMC March 17,2011 Meeting Minutes
Commission's program.
Dr.Pilgrim showed the phosphorus data and explained that the trend analysis showed that
the 2010 changes in phosphorous and chlorophyll a were not significant,although there
were some fluctuations,perhaps due to climate.He said that the clarity of the lake has
improved since the late 1990s and he is not sure why there has been that improvement.He
said clarity is typically a function of phytoplankton,but the improvement could be that
less suspended solids are being discharged into the lake due to implementation of BMPs.
Dr.Pilgrim showed the 2010 water quality monitoring results in comparison to state
standards.He said the lake is not meeting the state standards for Secchi depth evaluation
of clarity,total phosphorous,or chlorophyll a.He compared the 2010 results to the Bassett
Creek WMO's goals,which are more stringent than state standards,and said that the lake
water quality is not meeting the WMO's goals for Secchi depth evaluation for clarity,total
phosphorous,or chlorophyll a.
He commented on the plant growth in the lake and said that it is medium-density and
grows to the 10-foot contour,which means mostly along the shoreline.He discussed
potential changes in the lake with the implementation of further BMPs.Dr.Pilgrim said
that it would be important for the Commission to track and document projects and
activities that reduce phosphorous loading to Medicine Lake.
Commissioner Black asked if there is any way to correlate the weather patterns to the
water quality of the lake.Dr.Pilgrim said yes there are ways to evaluate those impacts.He
said weather patterns change how much phosphorous loading there is into the lake and
they also affect the lake's internal processes.Commissioner Hoshal commented on the
benefit of collecting data on chloride in the lake via chloride monitoring.
ii. Twin Lake Phosphorous Internal Loading Investigation.Dr.Pilgrim said that his
understanding is that there has been Commission concern about levels of phosphorous
increasing in recent years so this water quality study was structured to try to identify the
reason or reasons for the increase.He explained that Twin Lake has a very different
structure than Medicine Lake.Dr.Pilgrim stated that Twin Lake is small,deep,and
sheltered and is in a small,undeveloped watershed.He said the lake is strongly stratified
and is largely self-contained.Dr.Pilgrim noted that changes in the lake are largely due to
climate.
He said that sediment cores didn't show extremely high phosphorous levels for lakes in the
Twin Cities metro area.Dr.Pilgrim said this lake is highly stratified.He added that the
lake has low dissolved oxygen at the bottom and below 16 feet the dissolved oxygen is
nearly permanently low.He said that this lake doesn't mix except once in the spring and
once in the fall and the lake doesn't have any net loss in phosphorous like some lakes have.
Dr.Pilgrim addressed the topic of the increase in phosphorous in Twin Lake in recent
years.He said the increase tracks well with the temperature on the bottom of the lake.Dr.
Pilgrim said that the increase in temperature has the effect of increasing sediment oxygen
depletion and phosphorous release from lake bottom sediments.He also explained that as
Twin Lake becomes more eutrophic(more algae)the lake will stratify more towards the
lake's surface and the oxygen depletion will rise upwards.He stated that as oxygen
depletion rises upwards,more of the lake's bottom surface area is exposed to low oxygen
and more internal loading occurs.He added that the recent increase in internal loading
appears to be a natural,climatic process.He also noted that there could be two outcomes
of recent increase in algae in Twin Lake: 1.The stratification dynamics of the lake change
permanently pushing it into a more permanent eutrophic state;or,2.With colder weather
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BCWMC March 17,2011 Meeting Minutes
the lake reverts back to its historic trophic state.
Dr.Pilgrim pointed out that there are some management options that could be taken.He
said the lake sediments could be treated with iron,aluminum,or calcium to bind to the
phosphorous to stop internal loading.Dr.Pilgrim said that biomanipulation is an option to
affect zooplankton and algae levels.He said barley straw could be used as an annual
treatment to inhibit algal growth.He said that lake aeration would increase the oxygen
levels of the lake but may not necessarily stop the internal loading of the lake.He said
aeration helps iron bind to phosphorous,so if a lake is iron-poor then aeration wouldn't
help.Dr.Pilgrim said there is also the wait and see approach in order to discover if the
increase in phosphorous is a natural phenomenon and if temperature changes would
change the phosphorous levels.
Commissioner Hoshal asked about discharges from the relatively recent development on
Twin Lake.Mr.Oliver responded that there are no discharges into Twin Lake from the
development.
4. Administration. .
A. Presentation of the February 17,2011,BCWMC meeting minutes.The February 17,2011,
meeting minutes were approved under the Consent Agenda.
B. Presentation of the Financial Statement.Administrator Nash said that he would like Commission
direction to work with Deputy Treasurer Sue Virnig to update the construction project financial
report and the project analysis spreadsheet.Commissioner Black suggested that the Commission
create a policy with criteria that would facilitate the Commission closing CIP projects.Chair Loomis
suggested that the topic be discussed with the Deputy Treasurer.Commissioner Black moved to
approve staff updating the financial reports.Alternate Commissioner Goddard seconded the motion.
The motion carried unanimously with seven votes in favor[Cities of Minnetonka and Robbinsdale
absent from vote].
Commissioner Langsdorf brought up the confusion around paying for West Metro Water Alliance
expenses out of two budget lines and suggested that the WMWA expenses all be paid out of one
education budget line,which would require the financial report to reflect the reallocation of those
budgeted funds.Commissioner Black moved to combine the Education and Public Outreach and the
Watershed Education Partnerships budgets into one budget.Commissioner Langsdorf seconded the
motion.The motion carried unanimously with seven votes in favor[Cities of Minnetonka and
Robbinsdale absent from vote.]
Commissioner Black moved to receive and file the March financial report.Commissioner Langsdorf
seconded the motion.The motion carried unanimously[Cities of Minnetonka and Robbinsdale absent
from vote.]
The general and construction account balances reported in the March 2011 Financial Report are as
follows:
Checking Account Balance 718,806.17
TOTAL GENERAL FUND BALANCE 718,806.17
Construction Account Cash Balance 1,622,365.53
Investment due 3/18/2014 1,010,687.50
Investment due 5/13/2015 508,918.39
Investment due 9/16/2015 512,059.83
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BCWMC March 17,2011 Meeting Minutes
TOTAL CONSTRUCTION ACCOUNT BALANCE 3,654,031.25
-Less:Reserved for CIP projects 4,986,804.86
Construction cash/investments available for projects (1,332,773.61)
C. Presentation of Invoices for Payment Approval.
Invoices:
i. Barr Engineering Company—Engineering Services through February 25,2011
-invoice for the amount of$32,184.69.
ii. Watershed Consulting,LLC—Geoff Nash Administrator Services through
January 31,2011—invoice for the amount of$3,795.40.
iii. Amy Herbert February Recording Administrator Services-invoice for the
amount of$2,787.46.
iv. D'amico Catering—March Meeting Catering-invoice for the amount of
$359.37.
v. JASS—2011 WMWA Workshops through 1/5/11—invoice for the amount of
$279.50.
vi. Shingle Creek Watershed Management Commission—2011 WMWA
Workshops through 3/1/11—invoice for the amount of$364.17.
vii. JASS—WMWA General Expenses Quarterly Invoice through March 11,2011
—invoice for the amount of$141.73.
viii. Shingle Creek Watershed Management Commission—WMWA General
Expenses Quarterly Invoice through March 11,2011—invoice for the amount of
$518.66.
ix. M1V1I IR—Progress Billing for Audit Services through 1/31/11—invoice for the
amount of$1,500.
Commissioner Black moved to approve the payment of the invoices i—ix.Commissioner
Langsdorf seconded the motion.By call of roll,the motion carried with six votes in favor [Cities of
Minnetonka,New Hope,and Robbinsdale absent from vote].
D. Order Production of 2010 Annual Report.The Commission discussed the format of its 2009
annual report and changes that it would like to its 2010 report.Commissioner Black moved to
direct Administrator Nash to draft the 2010 annual report with the revisions he deems necessary
and to present the draft at the BCWMC's April meeting. Commissioner Goddard seconded the
motion.The motion carried unanimously with seven votes in favor[Cities of Minnetonka and
Robbinsdale absent from vote].
6 Old Business
A. 9209 40 %Avenue Compensating Storage: New Hope.Ms.Chandler reported that the City of
New Hope contacted the Commission that there has been 33 cubic yards of compensating storage
provided to compensate for the floodplain fill at the site of the residence.She reminded the
Commission that it had directed the City to work out between the City and the resident to provide
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BCWMC March 17,2011 Meeting Minutes
21 cubic yards of storage and to update the Commission.Ms.Chandler said that more than 21
cubic yards of compensating storage has been provided and asked if there are any questions.
Chair Loomis thanked the City of New Hope for working through the issues.
B. Discuss Sweeney Lake Outlet Project Schedule,Public Hearing, and Cooperative
Agreement.Mr.LeFevere summarized that the Sweeney Lake Outlet Project is a maintenance
project instead of a capital improvement project.He said that the Joint Powers Agreement
requires a feasibility report and public hearing whenever a project is constructed by a member.
Mr.LeFevere recommended that the Commission follow the formal process for this maintenance
project included mailing notice to the member city clerks,ordering a feasibility report,and
holding a public hearing.He suggested that the public hearing not be set until the Commission
decides who is going to do the feasibility report and when it is going to be done.
Ms.Chandler added that the feasibility report in the case of this replacement project would be
more of a preliminary design.She said that the Commission would want to obtain at least one soil
boring,which would cost approximately$1,500.Ms.Chandler said that the cost estimate for Barr
Engineering to produce a preliminary design for the project would be approximately$5,000 on
top of the cost of the soil boring.
Mr.Mathisen asked if the Commission could put together an RFP for the feasibility report and
design so that the same contractor could do both.Mr.LeFevere said that the Commission could
handle the project that way.He said that in the past the Commission has handled the feasibility
reports for the Commission and the cities have handled the contract for the construction but the
Commission could coordinate with the city so that the Commission uses the same consultant for
the feasibility report and the design.
Mr.Oliver agreed with the benefit in the continuity of the same company doing the preliminary
design and the construction documents.He said the City would be favorable to go through its
selection process to choose a contractor to do the feasibility report and the design.Mr.LeFevere
said the Commission could also ask for the City's input and if the Commission agrees with the
City's selection then the Commission could use that firm to prepare the feasibility report.Mr.
Oliver recommended that the Commission contract with the City for the City to provide the
feasibility report and the project design.
Commissioner de Lambert moved to direct the attorney to prepare for the April BCWC meeting a
letter of understanding between the City of Golden Valley and the Commission that the
Commission requests that the City go forward with its processes to hire a contractor to prepare
the feasibility report and the preliminary design for the Sweeney Lake Outlet Project.
Commissioner Black seconded the motion.The motion carried unanimously with seven votes in
favor[City of Minnetonka and Robbinsdale absent from vote].
C. TAC Recommendations
i. Hydrologic and Hydraulic Modeling and Water Quality Modeling in the
Watershed.Administrator Nash summarized that the TAC recommended updating both
the hydrologic—hydraulic model and the water quality model.Ms. Chandler provided
detailed information about the current status of the existing models,discussed the benefits
— of-updating-the-models-and-the-use-ofthe-infvrmatiolrto-the Commission-and the-cities�
discussed XP-SWMM models,and the cost of updating the models.
Ms.Chandler explained that the Commission Engineer presented two options at the
planning level for the TAC to consider regarding updating the hydrologic and hydraulic
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BCWMC March 17,2011 Meeting Minutes
models.She said the Commission Engineer's cost estimate for option one,which is
converting the model in its current format and updating it to the most current version of
those models,is$77,000,including the cost for calibration.She said that option two,which
is converting the entire watershed's hydrologic and hydraulic models to XP-SWMM,
would cost$70,000 including calibration.She reported that the TAC discussed the options
and recommended that the Commission convert the hydrologic and hydraulic model to
XP-SWMM.
Ms.Chandler explained that the TAC discussed updating the water quality model with the
newest version of P8 and updating current land use and runoff/drainage and BMP(best
management practice)conditions.She said that if this updated model was in place then the
Commission could use it as a tool to evaluate the potential impact on the watershed of
proposed projects.Ms. Chandler said the TAC recommended that the Commission
institute a surcharge to permit fees to underwrite the costs of annual updates to the model.
She reported that the estimated cost for converting to the new P8 model and updating it
with current information and calibrating it would cost approximately$135,000.
Ms.Chandler brought to the Commission's attention the communication from Mike
Trojan,MPCA,to the Commission Engineer regarding MPCA-required reporting on
TMDL BMP implementation.She noted that the Commission's first report to the MPCA
will be due February 8,2012,which would be one year out from the TMDL's approval
date,assuming the MPCA has its forms and processes ready in time.
Mr.Mathisen remarked that there would need to be an official proposal for the work.Ms.
Chandler said yes,these estimates were for planning purposes at the Commission's
request.Commissioner Black said that she supports the Commission going out for an RFP
for the work.She said that she has some concerns about the cost of the updates because it
would mean that the cities would see a 20%increase in the Commission's budget and the
cities would really need to take a look at that.She also commented that she is worried
about overlap or duplicative effort by staff during the ongoing updating process between
cities and the Commission.She said she would like to hear how the model could be put"in
the cloud"so that cities can update the model in real time.Ms.Goddard mentioned that
XP-SWMM is an expensive model and not everyone has it and actually may not even want
it because it can be a temperamental program.Ms.Clancy commented that most cities
don't have XP-SWMM either.Mr.Oliver added that the TAC recommended that a permit
fee surcharge be added to cover the cost of updating the model on an ongoing basis.
Ms.Clancy said that the TAC envisions the model-update project as a CIP improvement
and not as an operating cost.She said that when the Commission's data isn't up-to-date
then the cities pay for it.She said she thinks that in the long term this initiative will be a
benefit to all of the cities.
Mr.LeFevere said the project isn't bricks and mortar but could potentially be funded
through the construction fund via funds left from the tunnel construction.Be estimated
the funds to be in the amount of$1.5 million and said that there are no legal limitations on
the use of those funds.
Chair Loomis said that the Budget Committee should discuss options for working such a
cost into the budget at the Budget Committee meeting. She asked if XP-SWMM is the
appropriate model to use.Ms. Clancy replied that the information would come out during
the RFP process.Chair Loomis commented that if the Commission isn't going to be doing
the project until 2012 then it seems too early to go out for RFPs so the Budget Committee
will need to use the Commission Engineer's planning level cost estimates for its discussions.
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BCWMC March 17,2011 Meeting Minutes
ii. Recommendations for 2011 Watershed Tour.Administrator Nash listed the tour stops
recommended by the TAC as written in the March 7,2011,TAC memo.He said the TAC
also recommended holding the tour on a weekday afternoon in June to be able to
accommodate more attendees.The Commission agreed to the tour stops recommended by
the TAC and decided to hold the tour on the afternoon of Wednesday,June 22nd.
Recommendations for Engineering and Technical Services.Administrator Nash
reported that the TAC recommended that the Commission approve Barr Engineering
Company for a two-year contract with the BCWMC for Engineering and Technical
Services.He said the TAC also recommended that the Commission go out for a full RFP
every ten years.He said the TAC also recommended that the Commission direct the TAC
to develop a short list of contractors that the Commission could contact to request
proposals for engineering and technical services for projects.Administrator Nash said that
the TAC directed the Administrative Services Committee and the Administrator to
develop a plan of succession with Len Kremer and Barr.He said that the TAC also
recommended that the Commission direct him to have a discussion with Barr Engineering
about its fee schedule because an analysis of Barr's fee schedule would be in order given
the economy.
Commissioner Black said that she would need to see a contract before she votes and that
she would like the Commission to direct the Administrator to talk to Barr Engineering
Company about its fees and to bring a contract in front of the Commission at its April
meeting.
Commissioner Black moved to approve pursuing a two-year contract with Barr
Engineering pending the discussion with Barr on its fee schedule and the contract coming
in front of the Commission at its April meeting.Commissioner Hoshal seconded the
motion.The motion carried unanimously with seven votes in favor[Cities of Minnetonka
and Robbinsdale absent from vote].
Commissioner Black said that she would have a hard time approving a contract that had
any cost increases.Commissioner Black stated that cities are getting decreases and that
public employees are getting decreases as well and she thinks that what's fair for the
public sector is fair for the private sector.
Commissioner Black commented that the recommendation that the Commission go out for
a full RFP for Engineering and Technical Services every 10 years seems like a policy and
should go to the Administrative Services Committee.The Commission directed it to the
Administrative Services Committee to fashion the recommendation into a Commission
policy.
Alternate Commissioner Goddard asked if the TAC had considered how it would go about
getting its list of three pre-qualified contractors.Chair Loomis said that the TAC was
straight-forward about who it thought was qualified and who wasn't out of the proposals
it received,although project work is a little different.Ms.Clancy said that the TAC meant
for the Commission to direct the task to the TAC,which would use the same practice as
the cities do and develop an RFI for Engineering and Technical Services.
Chair Loomis moved to direct the TAC to develop the RFI. Commissioner Black seconded
the motion.The motion carried unanimously with seven votes in favor[Cities of
Minnetonka and Robbinsdale absent from vote].
Commissioner Hoshal recommended that the Commission notify the firms that submitted
letters of interest of the Commission's decision and to thank them for their submittals.The
10
BCWMC March 17,2011 Meeting Minutes
Commission directed Administrator Nash to draft and send out the letters.
D. 2010 Water Quality Monitoring Activities.Discussed earlier in Agenda.
E. Education Committee.
i. Commissioner Langsdorf stated that the Education Committee is seeking approval of the
Commission for entering into a modified contract with writer Judy Arginteanu.She said
the contract is modified to allow the Commission to submit the articles to the newspaper
under the name of a Commission representative and she would not be responsible for
marketing the articles and the Commission would pay$300 per each of the two articles.
Commissioner Black moved to approve the contract with Judy Arginteanu.Commissioner
Langsdorf seconded the motion.The motion carried unanimously with seven votes in favor
[Cities of Minnetonka and Robbinsdale absent from vote].
ii. Commissioner Langsdorf said that she thinks that the Commission should send thank you
notes each year to its CAMP volunteers.
iii. Commissioner Langsdorf reported on the first Pathway to Clean Water forums and said
that there need to be more registrants or the March 23r1 forum will be cancelled.
iv. Commissioner Langsdorf announced that the League of Women Voters will be playing the
watershed game on April 5th at the New Hope City Hall.
v. Commissioner Langsdorf stated that the Plymouth Yard and Garden Expo will be on
April 8th and 9th and the Education Committee needs at least one more volunteer to help
with the event.
vi. Commissioner Langsdorf reported that the first rain garden workshop of the year will be
held on April 14th at Meadowlake Elementary School in New Hope.
vii. Commissioner Langsdorf announced that the Zachary Lane Environmental Fair will be
held on May 12th and the Education Committee needs an additional volunteer to help with
the event.
viii.Commissioner Langsdorf noted that she brought in and set up the BCWMC's education
displays today so commissioners can see what is available for their use with the displays.
She announced that reservations for the use of the display are handled through Amy
Herbert.Ms.Herbert added that Barr Engineering has offered to create at its own
expense,as a thank you to the BCWMC as a Barr Engineering Client,an online calendar
for the BCWMC's Web site to track the display reservations.The Commission agreed to
the development of the online reservation calendar.
ix. Commissioner Langsdorf asked the member cities to let her know if they need more
educational brochures such as the"10 Best Things"brochure.She said new brochures will
be arriving next week from Blue Thumb.
?. Communications
A. Chair:
i. Chair Loomis commented that there are a lot of education opportunities coming up.She
added that this year the BCWMC's Budget Committee will look into funding commissioner
participation in education opportunities.
11
BCWMC March 17,2011 Meeting Minutes
B. Administrator:
i. Administrator Nash announced that he has been doing the eLink reporting for the BCWMC's
grants and on behalf of the City of Plymouth and the City of Golden Valley for their Hennepin
County-directed BWSR grant.He said that through the reporting process it has been
discovered that the local match numbers that BWSR was assuming are different from the
Commission's assumptions for the local match.He said that BWSR is expecting a local match
for the Plymouth Creek restoration project in the amount of$665,200 from the Commission
and based on the Commission's grant application.Administrator Nash said that the amount
doesn't take into consideration the Hennepin County grant awarded to the City of Plymouth,
which really should be called a local match.He said that the same situation applies to the grant
for the Bassett Creek Main Stem project.Administrator Nash said that he and Karen
Chandler are working with BWSR to rectify the differences.
ii. Administrator Nash reported that Metro Blooms received a contract from the Minnesota
Conservation Corps for labor and Metro Blooms is moving ahead with the planning and the
installation for 15 rain gardens.
iii. Administrator Nash said that the Commission received today a reimbursement request from
the City of Plymouth for the Plymouth Creek restoration project.
iv. Administrator Nash stated draft Sweeney Lake TMDL public notice was posted today by the
MPCA for public comment.
v. Administrator Nash announced that he will be working on the BCWMC's annual report and
that he expects to exceed his$3,000 budget for March.
C. Commissioners:
i. Commissioner Hoshal reported that he had attended a meeting of the Freshwater Society
entitled"Community Clean ups for Water Quality."He said the program provided toolkits to
groups wanting to undertake spring and fall and curbside leaf clean ups.He said that the
group was interested in receiving leaves from each of the cleanup projects.Commissioner
Hoshal said that the group explained that five 33-gallon bags of leaves equate to approximately
one pound of phosphorous impact and that if leaves were removed from the stormwater
drains then phosphorous would be removed from entering the lakes.
D. Committees:No Communications.
E. Counsel:No Communications.
F. Engineer:Ms. Chandler reported that the Commission received an e-mail from Brad Wozney of
BWSR communicating that the Commission's Major Plan Amendment request was received and
that the deadline for comments is May rd.
8 Adjournment
Mayor Loomis adjourned the meeting at 3:00 p.m.
12
•
BCWMC March 17,2011 Meeting Minutes
Linda Loomis,Chair Date Amy Herbert,Recorder Date
Jim deLambert,Secretary Date
13
BCWMC March 17,2011 Meeting Minutes
City of Hopkins office of the 9vlc or y
.<: '' 1010 First Street South •Hopkins,MW 55343-7573 •Phone:952-935-8474 • Fa,,•952-935-1834
Web address:www.hopkinsmn.com
(APR 11 2011
Dear Mayor Loomis:
I would like to challenge you and your Council members in the 2011 Step
to It Challenge. Hopkins City Council has won "Most Active City Council"
for the past two years, and we plan on making it a third.
The Step to It Challenge, a physical fitness competition sponsored by
Hennepin County and the Minnesota Twins, begins on May 9 and goes
through June 5. Hopkins and Golden Valley are among 22 suburbs that will
be competing this year.
Residents and city officials alike have praised the way the challenge has
inspired them to get out and exercise and socialize with neighbors after a
long winter. For many, "stepping to it" becomes part of their daily routine
in the spring.
As City officials, you and I have a unique leadership role to play in the
challenge. Participants who completed post-challenge surveys said it was
great to see City officials connecting with their communities and getting
involved in this event—to the point where it actually inspired them and
their families to take part. More than 3,300 residents in 18 cities took part in
2010.
I hope that you and your Council will "step up" to the challenge this year.
See if you can take the trophy away from us! You can register online at
www.steptoit.org anytime.
Hope you can join in the fun.
Sincerely,
Eugene Maxwell
Mayor
Partnering with the Community to Enhance the Quality of Life
•Inspire•Educate•Involve•Communicate•
Gip;
cif „ow- t Memorandum
W' en ae
763-593-8030/763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. F. 1. Award Contract for the 2011 Watermain Rehabilitation Project, City Improvement
Project No. 11-05
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Mitchell Hoeft, EIT, Engineer
Summary
On June 15, 2010, the Council approved a cooperative project agreement with the cities of
Fridley and Hutchinson to bid watermain rehabilitation projects in each of the communities
under one contract. The installation of structural cured-in-place watermain pipe requires the
use of specialty contractors. It was determined that cooperatively bidding a project with
additional cities may result in lower bid prices on the entire project.
In fall of 2010, the cooperative watermain rehabilitation project was bid by multiple
contractors. Due to bid results and budget conditions, it was determined that the City of
Golden Valley would proceed with the Boone Avenue portion of the rehabilitation only and the
remainder of the project would be rebid in 2011.
Work that was rebid this year includes the installation of a 12-inch structural liner on Legend
Drive, from Golden Valley Road to Bassett Creek Drive, as well as work in the cities of Fridley
and Hutchinson.
Bid prices for the entire project are listed below. The engineer's estimate provided by Short
Elliot Hendrickson is $1,183,297.00.
Bid
Fer-Pal Construction USA LLC $1,174,755.72
Aquarehab Drinking Water $1,304,514.00
Insituform Tech USA, Inc. $1,636,399.00
A breakdown of each city's specific expenses using the low bidder, Fer-Pal Construction USA
LLC, is provided below with a city-specific engineer's estimate.
Bid Estimate
City of Golden Valley $214,899.60 $242,528.50
City of Fridley $346,057.00 $373,640.00
City of Hutchinson $613,799.12 $567,128.50
The cities of Fridley and Hutchinson both plan on moving forward with their project at this
time. Documentation of these decisions can be found attached.
Funding for the 2011 Watermain Rehabilitation Project is included in the 2011-2015 Capital
Improvement Program (W&SS-051, page 109). The budget is $540,000. The cities of
Hutchinson and Fridley will reimburse Golden Valley for their portion of project-related and
indirect costs.
Staff recommends the City Council award the project to Fer-Pal Construction USA LLC in the
amount of$1,174,755.72.
Attachments
Cooperative Project Agreement for 2010 Watermain Rehabilitation Between the Cities of
Golden Valley, Hutchinson, and Fridley (8 pages)
City of Fridley's Agenda Item, Fridley City Council Meeting of April 25, 2011 (2 pages)
Email from City of Hutchinson to Mitch Hoeft, dated April 25, 2011 (1 page)
Recommended Action
Motion to award a contract for the 2011 Watermain Rehabilitation Project to the lowest
responsible bidder, Fer-Pal Construction USA LLC, in the amount of$1,174,755.72.
COOPERATIVE PROJECT AGREEMENT
FOR WATERMAIN REHABILITATION
This AGREEMENT is made this C5 day of June 2010 by and between the
CITY OF GOLDEN VALLEY, a Minnesota municipal corporation ("Golden Valley"), the
CITY OF HUTCHINSON, a Minnesota municipal corporation ("Hutchinson"), and the
CITY OF FRIDLEY, a Minnesota municipal corporation ("Fridley") (collectively
hereinafter, "the Cities").
RECITALS
WHEREAS, Minnesota statute § 471.59, et. seq., authorizes cities to enter into
cooperative project agreement; and
WHEREAS, The City of Golden Valley wishes to rehabilitate a portion of their
watermain by means of a Class IV fully structural, pressure rated, cured-in-place pipe
(CIPP) (hereinafter"Golden Valley Project"); and
WHEREAS, The City of Hutchinson wishes to rehabilitate a portion of their
watermain by means of a Class IV fully structural, pressure rated, CIPP, (hereinafter
"Hutchinson Project"); and
WHEREAS, The City of Fridley wishes to rehabilitate a portion of their watermain
by means of a Class IV fully structural, pressure rated, CIPP, (hereinafter"Fridley
Project") (all three Projects taken together hereinafter"the Project"); and
WHEREAS, the Cities will prepare and submit one bid document including plans
and specifications for one construction contractor("Contractor') to complete work in all
three municipalities; and
WHEREAS, the City of Golden Valley will be the Contracting Authority.
NOW, THEREFORE, in consideration of the mutual covenants herein, and
other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Golden Valley, Hutchinson, and Fridley hereby agree as follows:
1. Plans and Specifications. Short Elliot Hendrickson (hereinafter SEH) shall be
responsible for the design and preparation of plans and specifications for
construction of the Golden Valley and Hutchinson Projects. The City of Fridley is
responsible for the design and preparation of plans and specifications for
construction of the Fridley Project. The City of Fridley will submit a design and plans
and specifications to SEH to be included with the others. The plans and
specifications shall be certified by a professional engineer licensed in the State of
Minnesota.
2. Advertisement for Bids and Construction. The City of Golden Valley will advertise
for bids and award contracts in accordance with the laws of the State of Minnesota.
The City of Golden Valley will award the contract to the contractor who is the lowest
responsible bidder in accordance with law and City policy. Each City is responsible
for providing construction management, observation, and inspection in connection
with the work being completed within its City.
3. Warranty. The bid specifications shall require that the Contractor provide a 1 year
warranty on workmanship and materials. The warranty shall run directly to each City
for the work and materials provided on each City's respective Project and bind the
Contractor and all material suppliers to each respective City for each City's
respective Project.
4. Insurance Requirements. The Contractor shall be responsible for any claims arising
out of the construction of the Project. The Contractor shall provide proof of
insurance providing coverage to meet statutory requirements. The proof of
insurance must list each City as additionally insured.
The contractor must also agree to indemnify and save harmless each City and all of
its officers, agents, and servants against any claim or liability arising from its work on
the Project.
5. Opt Out Clause. The Cities will have the option to opt out of the Cooperative Project
Agreement at any time prior to award of the contract by the City of Golden Valley.
The City of Golden Valley will wait a minimum of twelve (12) calendar days to award
the contract after receiving the bids. Should any City or Cities withdraw from the
Project, all Project costs associated with that City or Cities shall remain the
responsibility of the respective City. If the City of Golden Valley withdraws from the
Project, the remaining cities may continue with the Project, award the contract and
designate one of them to operate as Contracting Authority hereunder.
6. Easements. The Golden Valley Project is entirely within property owned by Golden
Valley and no easements are necessary. The Cities of Hutchinson and Fridley shall
obtain, at their own cost, any temporary or permanent easements deemed
necessary for their respective Projects. Hutchinson and Fridley shall obtain the
required easements prior to advertisement for bids in accordance with the schedule
developed for the Project.
7. Construction Access. The Cities agree to provide the Contractor access to perform
the work in their respective Project areas.
8. Permits. The Cities shall obtain all construction permits and/or any other permits
that may be required in connection with the construction of their respective Projects.
9. Communications. Each City will be responsible for project communication between
all project stakeholders within their City. This includes all communication relating to
construction meetings, resident notification, and any/all Project specific
requirements. The City of Golden Valley will maintain the communication with SEH
with the assistance of Hutchinson and Fridley for any contractual communication
that is required.
10.Payment. The Cities of Hutchinson and Fridley shall, within 30 days of receipt of
invoice, submit partial payment to the City of Golden Valley in the amount of ninety-
five percent (95%)of the engineer's estimated cost for their respective Projects. It is
agreed that the total cost estimate provided by SEH is only an estimate of the total
costs for the work contemplated by this Agreement. In addition, the unit prices set
forth in the contract with the successful bidder(s), and the final quantities as
measured by SEH, shall govern in computing the total final contract construction
cost and the related apportionment between the Cities as contemplated by this
Agreement.
Partial payments will be made by the City of Golden Valley to the Contractor on a
monthly basis for work completed as part of this Project.
At the completion of the Project, SEH shall submit a cost breakdown for each City
including engineering and project administration costs for review and approval. If
any City disagrees with SEH's submittal for its Project costs, it shall have 14 days to
notify the City of Golden Valley and resolve the issue. If they cannot resolve it within
such 14 days, SEH's submittal shall be final for all purposes.
Upon final agreement or resolution of Project cost issues, Hutchinson and Fridley
shall reimburse the City of Golden Valley for the remainder of their costs, as
determined by SEH, within 30 days of an invoice from Golden Valley.
Record drawings shall be provided by the Contractor to the Cities for their respective
Projects within 90 days of Golden Valley's final payment to the contractor(s)
contracted for the work. Detailed requirements for the submittal of these record
drawings can be found in the Project Standard Details supplied by SEH.
11.Examination of Books, Records, etc. As provided by Minn. Stat. Section 16C.05,
Subd. 5, the books records, documents, and accounting procedures and practices of
the Cities relevant to the Project are subject to examination by all parties, and either
the legislative auditor or the state auditor as appropriate, for a minimum of six years
from final payment.
12.Workers Compensation Claims. It is agreed that any and all employees of each City
and all other persons engaged by that City in the performance of any work or
services required or provided as contemplated by this Agreement shall not be
considered employees of any other City, and that any and all claims that may or
might arise under the Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said employees while so engaged on any of the work
or services provided as contemplated by this Agreement shall in no way be the
obligation or responsibility of any other City.
13.Indemnification. Each City mutually agrees to indemnify and hold harmless the
others from any claims, losses, costs, expenses, or damages resulting from the acts
or omissions of its respective officers, agents, or employees relating to activities
conducted by them under this Agreement.
14.Authorized Agents. The City of Golden Valley's Authorized Agent for the purpose of
administration of this agreement is Jeannine Clancy, Director of Public Works, or her
successor or assign. Her current address and telephone number is: 7800 Golden
Valley Road, Golden Valley, MN 55427, 763.593.8035.
The City of Hutchinson's Authorized Agent for the purpose of administration of this
agreement is Kent Exner, Director of Public Works/City Engineer, or his successor
or assign. His current address and telephone number is: 111 Hassan Street SE,
Hutchinson, MN 55350-2522, 320.234.4212.
The City of Fridley's Authorized Agent for the purpose of administration of this
agreement is James Kosluchar, Director of Public Works/City Engineer, or his
successor or assign. His current address and telephone number is: 6431 University
Ave NE, Fridley, MN 55432, 763.572.3552.
15.Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns, provided,
however, that neither Golden Valley, Hutchinson, nor Fridley shall have the right to
assign its rights, obligations, and interests in or under this Agreement to any other
party without the prior written consent of the other parties hereto.
16.Amendment, Modification or Waiver. No amendment, modification, or waiver of any
condition, provision, or term of this Agreement shall be valid or of any effect unless
made in writing and signed by the party or parties to be bound, or its duly authorized
representative(s). Any waiver by a party shall be effective only with respect to the
subject matter thereof and the particular occurrence described therein, and shall not
affect the rights of any other party with respect to any similar or dissimilar
occurrences in the future.
17.Saving Provision. If any provision of this Agreement shall be found invalid or
unenforceable with respect to any entity or in any jurisdiction, the remaining
provisions of this Agreement shall not be affected thereby, and such provisions
found to be unlawful or unenforceable shall not be affected as to their enforcement
or lawfulness as to any other entity or in any other jurisdiction, and to such extent the
terms and provisions of this Agreement are intended to be severable.
18.Notices. Any notice given under this Agreement shall be deemed given on the first
business day following the date the same is deposited in the United States Mail
(registered or certified) postage prepaid, addressed as follows:
If to Golden Valley: Director of Public Works
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
If to Hutchinson: Director of Public Works/City Engineer
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350-2522
If to Fridley: Director of Public Works/City Engineer
City of Fridley
6431 University Ave. NE
Fridley, MN 55432
19.Termination. This Agreement shall remain in effect until the earlier of(a)termination
by mutual consent of the Cities, or(b) 60 days after expiration of the warranties in
paragraph 3 above.
IN WITNESS WHEREOF, Golden Valley, Hutchinson, and Fridley have entered
into this Agreement as of the date and year first above written.
CITY OF GOLDEN VALLEY
BY: r% ���2��
Y
Linda R. Loomis, Mayor
By: 5,.. "-0,,A„.., /,
T omas D. Burt, M.nager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing
e_ , 2010 by Linda R. Loomis and Thomas D. Burt,
respectively the Mayor and City Manager of the City of Golden Valley a municipal
corporation, on behalf of the City.
Notary Public
A.JUDITH A
NALLY
CITY OF HUTCHINSON
By: v� � -
Y• �
Its Mayor Oteven W. Cook
By: ,.
Its City A inis raA Gary D. Plotz
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Cooperative Project Agreement was acknowledged before me this
8th day of June , 2010 by Steven W_ conk , and
Gary D. Plotz , respectively.the Mayor and City Manager of the City of
Hutchinson, a municipal corporation, on behalf of City. -
, .,,,,/,,, : , / / ,/
z7.-------
Notary Public
r:-
_- ',PATRICEM.vacERVEEN
r ;" P11Buc- o'M
. taM Caen.eqx Jen.31,ma
,
CITY OF FRIDLEY
By: A71-7 j ir.
Its ayor J
By' -�-�1. - 71.a
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The fore:oing Cooperative Project A ement s a nowledged before me this
76-tIL d.y of , ,_ , 2010 by .� 1.,c,ur and
` l ' iL '/. respectively the Mayor a d City Manager of the City of
Fridley, a municipal corporation, on behalf of the City.
tart' Public
1 ra -
yc n n
inr AGENDA ITEM
CITY CITY COUNCIL MEETING OF APRIL 25, 2011
FRIDLEY
TO: William W. Burns, City Manager PW11-030
FROM: James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
DATE: April 25, 2011
SUBJECT: Award of Innsbruck Water Main Lining Project No. 397
The 12"watermain on North Innsbruck Drive has a poor break history. In the last two years,there
have been three main breaks on the segment. Water main breaks on this segment are especially
difficult and costly to repair,due to the line size, number of services interrupted during repair,and
the need to repair the concrete street after work is completed. The location of this segment is
shown in the attached map and is approximately 2200' in length. The 2010 Capital Improvement
Budget allocated funding identified for improvements to our water distribution system, including
this project.
Engineering staff evaluated several alternatives for repairing this main on North Innsbruck Drive
from Matterhorn Drive to Meister Road to determine the most cost-effective method to rehabilitate
the main, and recommended rehabilitation of the 12" main by the installation of a cured-in-place
structural liner (CIPP). The main savings with a cured-in-place liner over other trenchless
technologies is that no excavation is required to connect water services.
On June 14, 2010, the City Council approved a cooperative project agreement with the Cities of
Golden Valley and Hutchinson for water main rehabilitation. Structural cured-in-place lining was
the method of rehabilitation for all segments of the project.
On August 5, 2010, a first round of bids were received for the cooperative water main lining work.
At that time, the City of Fridley opted-out of awarding work in Fridley due to the high cost of the
work bid. The City of Golden Valley awarded a single segment of their work due to the urgent
need for repair. This segment was constructed in the fall of 2010.
The City of Fridley project budget was encumbered for 2011,and this was solicited again with the
remaining segments of the cooperative project that were not awarded in 2010. In accordance with
the project agreement, the City of Golden Valley is the lead agency, and they consolidated plans
for each city's respective work, and bid the work. In addition to the remaining Golden Valley and
Hutchinson segments bid,the North Innsbruck Drive 12"diameter watermain rehabilitation was bid
on behalf of the City of Fridley.
On Thursday, April 7, at 10:00 am, bids were opened for the 2011 Trunk Water Main Pipe
Rehabilitation at Golden Valley City Hall. Due to the specialized nature of the work, contractors
were required to provide qualifications subject to approval prior to bidding. Bids from three
qualified contractors were received.
The low bid was received from Fer-Pal Construction USA, LLC of Taylor, MI, in the amount of
$1,174,755.72 for all segments. See the attached bid tabulation. The City of Fridley portion of the
bid is $346,057.00. The most recent construction cost estimate performed by the consultant
engineer for Golden Valley, Short Elliott Hendrickson, Inc.(SEH),was$373,640.00. Please refer
to the attached summary sheet for specific breakdown of costs for each participant City.
The budgeted amount for this project is just over$350,000. Funding for this project is from Water
Utility Capital Improvement Program funds generated by water utility charges.
Affected property owners will receive notification of the project advancement this spring. A project
information sheet will provide a tentative work schedule,work description and contact information.
During the project, project updates will be distributed at key milestones such as during shutoffs
and when temporary service connections are made.
Fer-Pal Construction has not worked previously in the City of Fridley. They have completed one
segment of water main lining for the City of Golden Valley in the fall of 2010. The City of Golden
Valley had a very good experience with their project and found them to be an experienced
contractor with a superior product and process for installation, with good attention to customer
service.
Staff recommends the City Council review the bids and concur with the staff recommendation that
the City of Golden Valley award the 2011 Trunk Water Main Pipe Rehabilitation, including the City
of Fridley Innsbruck Water Main Lining Project No. 397, to Fer-Pal Construction USA, LLC of
Taylor, MI, in the amount of$1,174,755.72.
JPK/jk
Attachments
Hoeft, Mitch
From: Kent Exner[kexner@ci.hutchinson.mn.us]
Sent: Monday,April 25, 2011 11:54 AM
To: Hoeft, Mitch
Subject: GV Project No. 11-05-Hutchinson Participation
Mitch,
As requested, please consider this e-mail to be documentation of the City of Hutchinson's approval of our$613,799.12
initial cost participation amount within the Golden Valley Project No. 11-05 apparent low bid (Fer-Pal Construction
USA). The Hutchinson City Council approved this project award at their April 12`"meeting. If a certified copy of the City
Council meeting minutes(available after tomorrow's 4/26 meeting)or Resolution of Project Award is desired, please let
me know. Otherwise,the City of Hutchinson looks forward to the administration/completion of this project per the
previously executed Cooperative Project Agreement.
Thank you.
Kent
Kent Exner, PE
Director of Public Works/City Engineer
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350-2522
kexner(a ci.hutchinson.mn.us
320.234.4212 Office
320.583.5663 Cell
320.234.4240 Fax
NOTICE: Unless restricted by law, e-mail correspondence to and from the City of Hutchinson or
Hutchinson Utilities may be public data subject to the Minnesota Data Practices Act and/or may be
disclosed to third parties.
1
C7 C �Vail
uo ide e
Public Works
763-593-8030/763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. F. 2. Purchase One Grounds Sweeper
Prepared By
Jeannine Clancy, Director of Public Works
Bert Tracy, Public Works Maintenance Manager
Steve Loomis, Vehicle Maintenance Foreman
Summary
The 2011-2015 Capital Improvement Program Storm Sewer budget includes $35,000 for the
purchase of one Grounds Sweeper (SS-027, page 105).
The Park Maintenance grounds sweeper scheduled for replacement meets replacement
criteria set forth in the City's vehicle and equipment replacement policy and Vehicle Condition
Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled
for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of
"qualifies for replacement," 28 points and above meets the category of"needs immediate
consideration." The grounds sweeper scheduled for replacement is a 1975 grounds sweeper
that scored greater than 28 points.
This new grounds sweeper will be utilized for many park and right-of-way cleanup projects.
The sweeper will be instrumental in spring and fall cleanup of leaves and debris. It will also
be utilized throughout the summer months for storm damage cleanup, tree removal cleanup
(Dutch Elm and Ash tree removals), grass clippings, and park cleanup after major activities
(such as Valley Days). The sweeper efficiently sweeps leaves, brush twigs, and litter. In turn,
it assists in meeting water quality goals established for lakes and streams, and is an element
of the City's NPDES stormwater permit.
Staff has received the following bids for one new Smithco Sweep Star 60:
Turfwerks $32,689.86
Smithco $32,982.69
Midwest Golf and Turf $34,458.64
Recommended Action
Motion to authorize the purchase of one Smithco Sweep Star 60 from Turfwerks for
$32,689.86 including tax.
Gold
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763-593-8013 1 763-593-8109 fax
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. G. Receipt of March 2011 Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The monthly financial report provides a progress report on the following funds:
General Fund Operations
Conservation/Recycling Fund (Enterprise Fund)
Water and Sewer Utility Fund (Enterprise Fund)
Brookview Golf Course (Enterprise Fund)
Motor Vehicle Licensing Fund (Enterprise Fund)
Storm Utility Fund (Enterprise Fund)
The revenues and expenditures show current month actual and year-to-date actual compared
to the 2011 approved budget.
General Fund Operations: The 2011 unallotment from the State is estimated at $369,240.
The receipt of Market Value Homestead Credit (MVHC) will not take place in October and
December. As of March 2011, the City is using $2,556,216 of fund balance to balance the
General Fund budget.
Attachments
March 2011 General Fund Financial Report - unaudited (2 pages)
March 2011 Conservation/Recycling Fund Financial Report (Enterprise Fund) - unaudited
(1 page)
March 2011 Water and Sewer Utility Fund Financial Report (Enterprise Fund) - unaudited
(1 page)
March 2011 Brookview Golf Course Financial Report (Enterprise Fund) - unaudited
(1 page)
March 2011 Motor Vehicle Licensing Fund Financial Report (Enterprise Fund) - unaudited
(1 page)
March 2011 Storm Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page)
Recommended Action
Motion to receive and file the March 2011 Financial Reports.
City of Golden Valley
Monthly Budget Report-General Fund Revenues
March, 2011 (unaudited)
Percentage Of Year Completed 25.00%
Over ok
2011 March YTD (Under) of Budget
T •e Budget Actual Actual Bud•et Received
Ad Valorem Taxes $11,702,050 0 $0 ($11,702,050) 0.00% (1)
Licenses 166,865 12,394 41,722 ($125,143) 25.00%
Permits 576,400 57,428 141,602 ($434,798) 24.57%
Federal Grants 0 0 0 $0
State Aid 10,500 8,281 14,479 $3,979 137.90% (4)
Hennepin County Aid 0 0 950 $950
Charges For Services:
General Government 37,725 108 365 ($37,360) 0.97%
Public Safety 190,115 11,295 47,351 ($142,764) 24.91%
Public Works 124,000 13,476 24,423 ($99,577) 19.70%
Park & Rec 392,200 53,677 123,879 ($268,321) 31.59%
Other Funds 981,500 4,789 9,023 ($972,477) 0.92%
Fines & Forfeitures 250,000 24,085 50,553 ($199,447) 20.22% (2)
Interest On Investments 100,000 0 0 ($100,000) 0.00% (3)
Miscellaneous Revenue 214,140 3,710 10,650 ($203,490) 4.97%
Transfers In 175,000 0 0 ($175,000) 0.00%
TOTAL Revenue $14,920,495 $189,243 $464,997 ($14,455,498) 3.12%
Notes:
(1) The first half taxes will be received in July.
(2) Fines and Forfeitures are through February.
(3) Investments will be booked at year end.
(4) State Training will be received in August. This includes a HEAT training for Police.
March, 2011 (unaudited)
Over %
2011 March YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
Council $287,970 20,355 63,385 ($224,585) 22.01%
City Manager 747,095 56,386 166,798 (580,297) 22.33%
Admin. Services 1,524,180 103,635 293,747 (1,230,433) 19.27%
Legal 120,000 12,833 26,863 (93,137) 22.39% (1)
General Gov't. Bldgs. 570,680 44,350 99,981 (470,699) 17.52%
Planning 322,315 23,740 72,660 (249,655) 22.54%
Police 4,695,320 365,253 999,021 (3,696,299) 21.28%
Fire and Inspections 1,516,730 129,631 353,354 (1,163,376) 23.30%
Public Works Admin. 319,830 27,223 77,177 (242,653) 24.13%
Engineering 613,515 43,402 111,381 (502,134) 18.15%
Streets 1,333,375 102,005 335,112 (998,263) 25.13%
Community Center 71,400 3,979 11,753 (59,647) 16.46%
Park & Rec. Admin. 672,460 37,570 139,570 (532,890) 20.76%
Park Maintenance 996,485 90,272 215,792 (780,693) 21.66%
Recreation Programs 409,170 12,546 49,387 (359,783) 12.07%
Risk Management 280,000 1,515 5,233 (274,767) 1.87%
Transfers Out 439,970 0 0 (439,970) 0.00%
TOTAL Expenditures $14,920,495 $1,074,695 $3,021,214 ($11,899,281) 20.25%
(1) Legal is paid through February, 2011.
City of Golden Valley
Monthly Budget Report-Conservation/Recycling Enterprise Fund
March, 2011 (unaudited)
Over
2011 March YTD (Under)
Budget Actual Actual Budget Current
Revenue
Hennepin County Recycling Grant 51,425 0 0 (51,425) 0.00%
Recycling Charges 275,975 16,801 35,733 (240,242) 12.95% (3)
Interest on Investments 10,000 0 0 (10,000) 0.00% (1)
Total Revenue 337,400 16,801 35,733 (301,667) 10.59%
Expenses:
Recycling 418,360 21,678 32,182 (386,178) 7.69% (2)
Total Expenses 418,360 21,678 32,182 (386,178) 7.69%
(1) Interest Earnings are allocated at year-end.
(2) This is through February, 2011 curbside services.
City of Golden Valley
Monthly Budget Report-Water and Sewer Utility Enterprise Fund
March, 2011(unaudited)
Over
2011 March YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Water Charges 4,304,300 202,646 529,910 (3,774,390) 12.31%
Sewer Charges 3,210,000 208,605 545,021 (2,664,979) 16.98%
Meter Sales 5,000 621 1,051 (3,949) 21.02%
MCES Grant Program 0 0 0 0
Penalties 100,000 13,445 32,512 (67,488) 32.51%
Charges for Other Services 190,000 2,395 5,665 (184,335) 2.98%
State Water Testing Fee Pass Through 43,000 3,387 7,521 (35,479) 17.49%
Certificate of Compliance 45,000 10,250 23,800 (21,200) 52.89%
Interest Earnings 85,000 0 0 (85,000) 0.00%
Total Revenue 7,982,300 441,349 1,145,480 (6,836,820) 14.35%
Expenses:
Utility Administration 2,769,610 39,642 72,486 (2,697,124) 2.62%
Sewer Maintenance 2,248,140 162,519 564,237 (1,683,903) 25.10%
Water Maintenance 3,873,915 202,409 520,176 (3,353,739) 13.43%
Total Expenses 8,891,665 404,570 1,156,899 (7,734,766) 13.01%
City of Golden Valley
Monthly Budget Report-Brookview Golf Course Enterprise Fund (3)
March, 2011(unaudited)
Over
2011 March YTD (Under) %
Budget Actual Actual Budget Current
Revenue
Fees 981,155 3,260 3,260 (977,895) 0.33%
Driving Range Fees 112,600 0 0 (112,600) 0.00%
Par 3 Fees 194,240 0 0 (194,240) 0.00%
Pro Shop Sales 80,000 484 738 (79,262) 0.92%
Pro Shop Rentals 243,050 121 196 (242,854) 0.08%
Concession Sales 216,000 229 419 (215,581) 0.19%
Other Revenue 109,325 24,214 30,381 (78,944) 27.79%
Interest Earnings 15,000 0 0 (15,000) 0.00% (1)
Less:Credit Card Charges/Sales Tax (150,000) (39) (93) 149,907 0.06%
Total Revenue 1,801,370 28,269 34,901 (1,766,469) 1.94%
Expenses:
Golf Operations 666,450 31,380 71,296 (595,154) 10.70% (2)
Course Maintenance 742,820 42,815 102,362 (640,458) 13.78%
Pro Shop 109,560 24,496 30,972 (78,588) 28.27%
Grill 185,185 1,351 1,547 (183,638) 0.84%
Driving Range 45,615 43 85 (45,530) 0.19%
Par 3 Course 30,525 130 142 (30,383) 0.47%
Total Expenses 1,780,155 100,215 206,404 (1,573,751) 11.59%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end.
(3) Course has not opened yet.
City of Golden Valley
Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund
March, 2011(unaudited)
Over
2011 March YTD (Under)
Budget Actual Actual Budget Current
Revenue
Interest Earnings 9,000 0 0 (9,000) 0.00% (1)
Charges for Services 531,000 43,100 86,223 (444,777) 16.24% (2)
Total Revenue 540,000 43,100 86,223 (453,777) 15.97%
Expenses:
Motor Vehicle Licensing 529,135 27,678 80,605 (448,530) 15.23%
Total Expenses 529,135 27,678 80,605 (448,530) 15.23%
(1) Interest Earnings are allocated at year-end.
(2) Activity is posted in through February.
City of Golden Valley
Monthly Budget Report-Storm Utility Enterprise Fund
March,2011(unaudited)
Over
2011 March YTD (Under)
Budget Actual Actual Budget Current
Revenue
Interest Earnings 50,000 0 0 (50,000) 0.00% (1)
Storm Sewer Charges 2,212,150 181,449 503,383 (1,708,767) 22.76%
Bassett Creek Watershed 715,000 0 0 (715,000) 0.00%
Total Revenue 2,977,150 181,449 503,383 (2,473,767) 16.91%
Expenses:
Storm Utility 2,018,810 128,033 351,838 (1,666,972) 17.43% (2)
Street Cleaning 117,460 8,524 8,524 (108,936) 7.26%
Environmental Control 276,985 9,808 25,701 (251,284) 9.28%
Debt Service Payments 437,300 0 368,299 (69,001) 84.22%
Total Expenses 2,850,555 146,365 754,362 (1,666,972) 26.46%
(1) Interest Earnings are allocated at year-end.
(2) Depreciation is allocated at year-end and 2010 PMP is not complete.
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763-593-8030/763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. H. Proclamation for Arbor Day and Arbor Month
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
The City was recently awarded the 2010 Tree City USA Award. It is the 24th year Golden
Valley has received this national recognition. Tree City USA recognizes communities that
have proven their commitment to an effective, ongoing community forestry program. Tree
City USA is sponsored in cooperation with the National Association of State Foresters and
the USDA Forest Service.
To become a Tree City USA, a community must meet four standards:
1. Operate a forestry division
2. Have a tree ordinance
3. Manage a comprehensive community forestry program
4. Observe Arbor Day
This year's Arbor Day activities will be celebrated with the fourth grade class of Good
Shepherd Elementary School located at 145 Jersey Avenue South on May 10 at 12:30 pm.
The event will include a small presentation at the school about the value of urban trees. Staff
will award prizes to the winners of the Arbor Day poster contest followed by a recitation of the
City's Arbor Day Proclamation.
The fourth grade class will plant trees on school grounds. When the event has concluded,
staff will provide packaged tree seedlings for each of the fourth grade students to take home
and plant.
Attachments
Proclamation for Arbor Day - May 10, 2011 and Arbor Month - May 2011 (1 page)
Recommended Action
Motion to adopt a Proclamation for May 10, 2011 as Arbor Day and May 2011 as Arbor
Month in the City of Golden Valley.
CITY OF GOLDEN VALLEY
PROCLAMATION FOR
ARBOR DAY - MAY 10, 2011
AND
ARBOR MONTH - MAY 2011
WHEREAS, Golden Valley's urban forest treasures were a significant attraction
to early settlers because of their usefulness and the beautiful environment they
provided; and
WHEREAS, trees are an increasingly vital resource in Golden Valley today,
enriching our lives by purifying air and water, helping conserve soil and energy, serving
as recreational settings, providing habitat for wildlife of all kinds, and making our
community more livable; and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic
vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of warmth and
security; and
WHEREAS, Golden Valley has been recognized as a Tree City USA by the
National Arbor Day Foundation and desires to continue its urban forestry efforts;
NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do
hereby proclaim May 10, 2011 as Arbor Day and May as Arbor Month in the City of
Golden Valley, and urge all citizens to support efforts to protect our trees and
woodlands and to support our City's urban forestry program; and
BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens
to become more aware of the importance of trees to their well-being, and to plant,
nurture, protect, and wisely use Golden Valley's great treasure of trees.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great
seal of the City of Golden Valley to be affixed this 3rd day of May, 2011.
Linda R. Loomis, Mayor
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Memorandum
Golden Public Works
763-593-8030/763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. I. Authorize Agreements for the Sweeney Lake Outlet Construction, City Improvement
Project 11-18: Agreement with Bassett Creek Watershed Management Commission for
preparation of a feasibility report for the reconstruction of the Sweeney Lake Outlet and
Agreement with Barr Engineering for Professional Services
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Summary
During the summer of 2010, Public Works staff became aware of erosion on the banks of the
Sweeney Branch of Bassett Creek at the outlet of Sweeney Lake. Upon investigation, it was
determined that the outlet had been modified to raise the water level in Sweeney Lake
several inches. The modifications included installation of rocks on the downstream side of the
outlet structure. This unauthorized modification resulted in high water flows eroding the banks
on both sides of the existing concrete structure. Public Works staff repaired the erosion
damage and removed the modification to the structure during the winter of 2011.
Upon notification by City staff of the lake outlet issues, the Bassett Creek Watershed
Management Commission (BCWMC) directed its engineer to investigate the history of the
structure. This investigation determined that the Minnesota Department of Natural Resources
(DNR) had no record of an outlet structure for Sweeney Lake, and that the existing concrete
dam had been installed by private parties in the 1970s. Based upon this information, and the
importance of Sweeney Lake in the Bassett Creek watershed as a flood storage location, the
City of Golden Valley requested that the BCWMC install a new outlet structure that will
adequately control lake levels and greatly reduce the risk of streambank erosion. The
BCWMC programmed the reconstruction of the Sweeney Lake Outlet Structure in its Capital
Improvement Plan for 2012. The estimated total project cost is $250,000.
The proposed Sweeney Lake outlet reconstruction requires that a feasibility report be
prepared. Following completion of the feasibility report, the BCWMC will hold a hearing on
the project and order the work completed. In order to facilitate the project in a timely manner,
the City of Golden Valley will direct the preparation of the feasibility report, and will complete
the design and construction of the project in 2012. An agreement with the BCWMC for the
preparation of the feasibility report is attached to this memorandum for City Council
consideration. The BCWMC will reimburse the City for this work in an amount not to exceed
$8,000.
A proposal dated April 22, 2011, was received from Barr Engineering for the preparation of
the feasibility report, project design and construction administration of the lake outlet structure
for an amount not to exceed $49,000. The preparation of the feasibility report is included in
the proposal for a not to exceed cost of$8,000. The proposal for Barr Engineering includes
language which states that Barr Engineering will not proceed with design and construction
plans until notified by the City to do so.
Attachments
Project Location Map (1 page)
Cooperative Agreement for the Preparation of a Feasibility Report for the Reconstruction of
the Sweeney Lake Outlet (2 pages)
Letter of Proposal for Professional Engineering Services with Barr Engineering Co., dated
April 22, 2011 (6 pages)
Recommended Action
1. Motion to approve entering into a Cooperative Agreement for the Preparation of a
Feasibility Report for the Reconstruction of the Sweeney Lake Outlet with the Bassett
Creek Watershed Management Commission for an amount not to exceed $8,000.
2. Motion to authorize a contract for professional engineering services with Barr Engineering
Co. in an amount not to exceed $49,000.
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COOPERATIVE AGREEMENT
FOR
PREPARATION OF A FEASIBILITY REPORT FOR THE
RECONSTRUCTION OF THE SWEENEY LAKE OUTLET
This Agreement is made as of this 21st day of April, 2011, by and between the Bassett
Creek Watershed Management Commission, a joint powers watershed management organization
(hereinafter the "Commission"), and the City of Golden Valley, a Minnesota municipal corporation
(hereinafter the"City").
WITNES SETH:
WHEREAS, the Commission adopted the Bassett Creek Watershed Management
Commission Water Management Plan, July 2004 on September 16, 2004 (the "Plan"), a watershed
management plan within the meaning of Minn. Stat. § 103B.231; and
WHEREAS, the Plan, as amended provides that the trunk system of Bassett Creek is the
responsibility of the Commission; and
WHEREAS, the Sweeney Lake Outlet structure, which is a part of the trunk system, is in
need of replacement(the"Project"); and
WHEREAS, the Joint Powers Agreement for the Commission requires the preparation of a
feasibility report for reconstruction and maintenance of outlets and dams; and
WHEREAS, the City is willing to prepare a feasibility report for the Project on the terms
and conditions hereinafter set forth.
NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL
COVENANTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS:
1. The Project will consist of the replacement of the Sweeney Lake Outlet structure in the
City of Golden Valley.
2. The City will prepare a feasibility report for the Project.
3. The Commission will reimburse up to Eight Thousand Dollars ($8,000) of the cost of
preparing the feasibility report for the Project from its Flood Control Long Term
Maintenance Account.
4. Reimbursement to the City will not exceed the amount specified in paragraph 5.
Reimbursement will not exceed the costs and expenses incurred by the City for the
Project, less any amounts the City receives for the Project as grants from other sources.
383975v1 CLL BA295-31 1
All costs of the Project incurred by the City in excess of such reimbursement shall be
borne by the City or secured by the City from other sources.
5. All City books, records, documents, and accounting procedures related to the
preparation of a feasibility report for the Project are subject to examination by the
Commission.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers on behalf of the parties as of the day and date first above written.
BASSETT CREEK WATERSHED
MANAGEMENT COMMISSION
By:
Its Chair
And by:
Its Secretary
CITY OF GOLDEN VALLEY
By:
Its Mayor
And by:
Its Manager
383975v1 CLL BA295-31 2
resourceful. naturally. BARR
engineering and environmental consultants
April 22,2011
Mr.Jeff Oliver,City Engineer
City of Golden Valley,City Hall
7800 Golden Valley Road
Golden Valley,MN 55427
Re: Agreement for Design and Construction Coordination of the Sweeney Lake Outlet
Construction (REVISED)
Dear Mr. Oliver:
Thank you for the opportunity submit this proposal to provide engineering services to the City for constructing
a new outlet for Sweeney Lake.Due to erosion and seepage problems with the existing broad crested weir at
Sweeney Lake,the Bassett Creek Water Management Commission(BCWMC)is directing the replacement of
the structure.A replacement structure will likely consist of a sheet pile weir extending into the embankments
with a reinforced concrete cap. Riprap would be installed on the embankment portions of the structure to
prevent erosion.
This engineering estimate includes feasibility analysis,soil borings,final design,preparing plans and
specifications,construction coordination,and preparing a Department of Natural Resources permit application.
Table 1 summarizes the work items and the estimated cost.
Project Scope
The following work tasks have been included in the project.
1. Feasibility Study
A feasibility study will be performed to review replacing the existing outlet with a sheet pile weir.The
scope includes up to two soil borings at the site and assumes access for a truck drill rig.An opinion of cost
will be prepared for the structure.
2. Final Design and Plans
The existing control structure is a broad crested weir.The scope of this project includes replacement of this
existing structure and stabilization of the embankments.
The scope assumes that:
• The replacement structure will consist of a sheet pile weir extending into the embankments with a
reinforced concrete or structural steel cap.
• Public right of way is available to construct the structure.
Barr Engineering Co. 4700 West 77th Street,Suite 200, Minneapolis,MN 55435 952.832.2600 www.barr.com
To: Jeff Oliver,City of Golden Valley
From: Barr Engineering Company
Subject: Sweeney Lake Outlet Replacement Scope
Date: April 22,2011
Page: 2
• The feasibility study supports design and implementation of a sheet pile weir.
• Design of a sheet pile weir.
• Need for additional site data is minimal and that data available from the City and Barr files are
adequate.
• Up to two soil borings are sufficient to characterize the subsurface conditions.
This scope includes final design of the following features:
• Control Structure: The proposed scope includes replacing the existing concrete weir with a sheet pile
weir with a structural steel or reinforced concrete cap. The weir would extend into the bank and
sufficiently deep to minimize seepage.
• Stabilization: Areas that may be prone to erosion adjacent to the structure will be stabilized.
• Restoration: Areas impacted by the construction will be restored to their original condition or better.
• Opinion of Construction Cost:An opinion of construction cost will be prepared based on information
from equipment suppliers and bids on similar past projects.
Plans will be assembled and arranged in a format for competitive bidding.We anticipate the bid package to
include the following drawings:
• Cover sheet showing project location.
• Existing conditions and proposed layout.
• Structure details.
• Restoration and erosion control plan.
3. Bidding Documents and Bid Administration
Bidding documents will be prepared for competitive bidding and subsequent construction of the project.
This task includes preparing technical specifications and incorporating front-end documents for
construction of the new structure.Front-end documents will consist of Instructions to Bidders,Bid Form,
Agreement,General Conditions,and Supplementary Conditions.The front-end documents will be based
on Golden Valley's standard construction documents and will be provided by the City.Technical
specifications will be prepared using the Construction Specifications Institute(CSI)standard format.The
Contract Documents will provide potential contractors with the necessary information to bid on the project
and also to perform the work.
Bid administration will consist of reproduction and distribution of contract documents(20 copies),
preparation of advertisement for bids,preparation of addenda,assistance during contract offering period
including answering bidder questions and review of bidder qualifications and submitted bid forms.
W:\Business Units\WR\Proposals\2011\P049.11 City of Golden Valley Sweeney Lk Outlet Design\Sweeney Outlet design agreement letter.docx
To: Jeff Oliver,City of Golden Valley
From: Barr Engineering Company
Subject Sweeney Lake Outlet Replacement Scope
Date: April 22,2011
Page: 3
4. Permit Applications
A Department of Natural Resources(MN/DNR)permit application will be prepared and submitted for the
project.
5. Construction Services
Regular construction observation and contract administration tasks are included in the scope.These costs
are dependent on the Contractors schedule,changes in the work and the amount of observation desired by
the City.Barr will provide daily on-site observation during construction activities to ensure that the
selected contractor is performing the work in accordance with the Contract Documents. Construction
services include:
• daily site visits, as necessary(this scope assumes 20 hours of observation per week for 4 weeks),
• clarifying of the Contract Documents to the contractor during the construction process,
• issue field orders and change orders as necessary for the completion of the project,
• review of payment applications(this scope assumes two submittals),
• preparation of record drawings.
Estimated Cost and Schedule
The following table summarizes the estimated costs associated with each task described in the scope of
services and list of assumptions.
Task Description of Task Amount Estimated Completion
1 Feasibility Study $ 8,000 July 30,2011
2 Soil Borings, Final Design and Drawings $18,000 August 30,2011
3 Bidding Documents $9,000 September 30,2011
4 Permit Applications $2,000 September 30,2011
5 Construction Services $12,000 2012
Total Estimated Project Cost $49,000 2012
The estimated schedule for the project is also noted in the table and assumes authorization to proceed by the
City no later than June 1,2011.The actual schedule will be coordinated with Golden Valley staff.
This Agreement will be effective for the duration of the services,unless earlier terminated by either the City or
us.We will commence work on Task 1 upon receipt of a copy of this letter signed by your authorized City
representative.Tasks 2 through 5 shall not begin until the BCWMC has ordered the project and a separate
written notice to proceed has been provided by the City.
W:\Business Units\WR\Proposals\2011\P049.11 City of Golden Valley Sweeney Lk Outlet Design\Sweeney Outlet design agreement letter.docx
To: Jeff Oliver,City of Golden Valley
From: Barr Engineering Company
Subject: Sweeney Lake Outlet Replacement Scope
Date: April 22,2011
Page: 4
We will inform you of our progress through periodic(e.g.,bi-weekly)e-mail updates,telephone calls,invoice
details,and other communications.
For the services provided,you will pay us according to the attached Standard Terms.We will bill the city
approximately monthly.The cost of the services will not exceed$49,000 without prior approval by the city.
We understand you or your designees have the authority to direct us.We will direct communications to you at
the City of Golden Valley,7800 Golden Valley Road.Direction should be provided to me at the letterhead
address.
During the term of this Agreement,we will maintain the following insurance coverages:
Worker Compensation Statutory
Employer Liability $500K per claim/$500k aggregate
Comprehensive General Liability $1M per claim/$2M aggregate,combined single limit
Automobile $1M combined single limit
Umbrella/excess policy as to above coverages $10M aggregate
Professional Liability(claims-made) $5M per claim/$5M annual aggregate
If this Agreement is satisfactory,please sign the enclosed copy of this letter in the space provided,and return it
to us.
Sincerely yours,
Barr Engineering Co.
By 1 ,
James,'.Herbert,P.E.
Vice/ esident
Accepted this day of ,2011
Golden Valley
By
Thomas D.Burt
Its City Manager
Attachments
Standard Terms—Professional Services
W:\Business Units\WR\Proposals\2011\P049.11 City of Golden Valley Sweeney Lk Outlet Design\Sweeney Outlet design agreement letter.docx
BARR
STANDARD TERMS-PROFESSIONAL SERVICES
Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms —
Professional Services.
Section 1: Our Responsibilities water. If you are requesting that we provide services that
include this risk, you agree to hold us harmless from
1.1 We will provide the professional services ("Services") such contamination claims, damages, and expenses,
described in this Agreement. We will use that degree of including reasonable attorneys' fees, unless the loss is
care and skill ordinarily exercised under similar caused by our negligence.
circumstances by reputable members of our profession
practicing in the same locality. 2.6 You agree to make disclosures required by law. If we are
required by law or legal process to make such
1.2 We will select the means, methods, techniques, disclosures, you agree to hold us harmless and
sequences, or procedures used in providing our indemnify us from related claims and costs, including
Services. If you direct us to deviate from our selections, reasonable attorneys'fees.
you agree to hold us harmless from claims, damages,
and expenses arising out of your direction. Section 3: Reports and Records
1.3 We will acquire all licenses applicable to our Services 3.1 We will retain analytical data relating to the Services for
and we will comply with applicable law. seven years and financial data for three years.
1.4 Our duties do not include supervising your contractors or 3.2 Monitoring wells are your property and you are
commenting on,supervising,or providing the means and responsible for their permitting, maintenance and
methods of their work unless we accept any such duty in abandonment unless we accept that duty in writing.
writing. We will not be responsible for the failure of your Samples remaining after tests are conducted and field
contractors to perform in accordance with their and laboratory equipment that cannot be adequately
undertakings. cleansed of contaminants are your property.They will be
1.5 We will provide a health and safety program for our discarded or returned to you, at our discretion, unless
w
employees, but we will not be responsible for contractor, thin 15 direction to s days of the report date you give written
dir
job,or site health or safety unless we accept that duty in store or transfeer r the materials at your
writing.
expense.
3.3 Our reports, notes, calculations, and other documents,
1.6 Estimates of our fees or other project costs will be based and our computer software and data are instruments of
on information available to us and on our experience and our Services, and they remain our property, subject to a
knowledge. Such estimates are an exercise of our license to you for your use in the related project for the
professional judgment and are not guaranteed or purposes disclosed to us. You may not use or transfer
warranted. Actual costs may vary. You should add a our reports to others for a purpose for which they were
contingency. not prepared without our written approval. You agree to
1.7 The information you provide to us will be maintained in indemnify and hold us harmless from claims, damages,
confidence except as required by law. and expenses, including reasonable attorneys' fees,
Section 2: Your Responsibilities
arising out of any unauthorized transfer or use.
3.4 Because electronic documents may be modified
2.1 You will provide access to property as required. intentionally or inadvertently, you agree that we will not
2.2 You will provide us with prior reports, specifications, be liable for damages resulting from change in an
plans, changes in plans, and information about the electronic document occurring after we transmit it to you.
project which may affect the delivery of our Services. In case of any difference or ambiguity between an
You will hold us harmless from claims, damages, and electronic and a paper document, the paper document
related expenses, including reasonable attorneys' fees, shall govern. When accepting document transfer in
involving information not timely called to our attention or electronic media format, you accept exclusive risk
not correctly shown on documents you furnished to us. relating to long-term capability, usability, or readability of
documents, software application packages, operating
2.3 You agree to provide us with emergency procedure systems,and computer hardware.
information and information on contamination and
dangerous or hazardous substances or processes we 3.5 If you do not pay for the Services in full as agreed, we
may encounter in performing the Services. may retain reports and work not yet delivered to you and
you agree to return to us our reports and other work in
2.4 You agree to hold us harmless as to any claim that we your possession or under your control. You agree not to
are an owner, operator, generator, transporter, treater, use or rely upon our work for any purpose until it is paid
storer, or a disposal facility within the meaning of any for in full.
law governing the handling, treatment, storage, or
disposal of dangerous or hazardous materials. Section 4: Compensation
2.5 Site remediation services may involve risk of 4.1 You will pay for the Services as agreed upon or
contamination of previously uncontaminated air, soil, or according to our then current fee schedules if there is no
Documentl
Ver.05/18/10
other written agreement as to price.An estimated cost is increased fee is not the purchase of insurance.
not a firm figure unless stated as such and you should
allow for a contingency in addition to estimated costs. 5.5 If you fail to pay us within 60 days following invoice date,
we may consider the default a total breach of our
4.2 You agree to notify us of billing disputes within 15 days Agreement and, at our option, we may terminate all of
and to pay undisputed portions of invoices within 30 our duties without liability to you or to others.
days of invoice date. For balances not paid under these 5.6 If we are involved in legal action to collect our
terms, you agree to pay interest on unpaid balances
com p ensation, you agree y g to pay our collection
beginning 10 days after invoice date at the rate of 1.5%
per month, but not to exceed the maximum rate allowed expenses, including reasonable attorneys'fees.
by law. 5.7 The law of the state in which the project site is located
4.3 If you direct us to invoice another,we will do so, but you will govern all disputes. Each of us waives trial by jury.
agree to be responsible for our compensation unless you No employee acting within the scope of employment
provide us with that person's written acceptance of the shall have any individual liability for his or her acts or
terms of our Agreement and we agree to extend credit to omissions and you agree not to make any claim against
that person. individual employees.
4.4 You agree to compensate us in accordance with our fee Section 6: Indemnification
schedule if we are asked or required to respond to legal 6.1 Each of us will indemnify and hold harmless the other
process arising out of a proceeding to which we are not from and against demands, damages, and expenses to
a party. the comparative extent they are caused by the negligent
4.5 If we are delayed by factors beyond our control,or if the acts, omissions, or breach of contract of the
project conditions or the scope of work change, or if the indemnifying party or of those others for whom the
standards change, we will receive an equitable indemnifying party is legally responsible.
adjustment of our compensation. 6.2 To the extent that may be necessary to indemnify either
4.6 In consideration of our providing insurance to cover of us under Section 6.1, you and we expressly waive, in
claims made by you,you hereby waive any right of offset favor of the other only, any immunity or exemption from
as to payment otherwise due us. liability that exists under any worker compensation law.
Section 5: Disputes,Damage,and Risk Allocation Section 7: Miscellaneous Provisions
5.1 Each of us will exercise good faith efforts to resolve 7.1 We will provide a certificate of insurance to you upon
disputes without litigation. Such efforts will include a request. Any claim as an Additional Insured shall be
meeting attended by each party's representative limited to losses caused by our sole negligence.
empowered to resolve the dispute. Disputes (except 7.2 This Agreement is our entire agreement, and it
collections)will be submitted to mediation as a condition supersedes prior agreements. Only a writing signed by
precedent to litigation. both of us making specific reference to the provision
5.2 We will not be liable for special, incidental, modified may modify it.
consequential, or punitive damages, including but not 7.3 Neither of us will assign this Agreement without the
limited to those arising from delay, loss of use, loss of written approval of the other. No other person has any
profits or revenue, loss of financing commitments or rights under this Agreement.
fees, or the cost of capital. Each of us waives against
the other and its subcontractors,agents, and employees 7.4 A writing may terminate this Agreement. We will receive
all rights to recover for losses covered by our respective an equitable adjustment of our compensation if our work
property/casualty or auto insurance policies. is terminated prior to completion as well as our fees and
expenses on the basis agreed upon through the effective
5.3 We will not be liable for damages unless you have date of termination.
notified us of your claim within 30 days of the date of
your discovery of it and unless you have given us an 7.5 We will not discriminate against any employee or
opportunity to investigate and to recommend ways of applicant for employment because of race, color, creed,
mitigating damages, and unless suit is commenced ancestry, national origin, sex, religion, age, marital
within two years of the earlier of the date of injury or loss status, affectional preference, disability, status with
and the date of completion of the Services. regard to public assistance, membership or activity in a
local human-rights commission, or status as a specially
5.4 For you to obtain the benefit of a fee which includes a disabled, Vietnam-era,or other eligible veteran. We will
reasonable allowance for risks, you agree that our take affirmative action to ensure that applicants are
aggregate liability will not exceed the fee paid for our considered, and employees are treated during their
services or$50,000,whichever is greater,and you agree employment,without regard to those factors.Our actions
to indemnify us from all liability to others in excess of will include, but are not limited to notifications, hiring,
that amount. If you are unwilling to accept this allocation promotion or employment upgrading, demotion, transfer,
of risk, we will increase our aggregate liability to recruitment or recruitment advertising, layoffs or
$100,000 provided that,within 10 days of the date of our terminations, rates of pay and other forms of
Agreement, you provide payment in an amount that will compensation, and selection for training or
increase our fees by 10%, but not less than $500, to apprenticeship. End of Standard Terms
compensate us for the greater risk undertaken. This
Document1 Ver.05/18/10
G'
o
Memorandum
f
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763-593-8030/763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. J. Call for Public Hearing to Vacate Easement at 6210 and 6224 Wayzata Boulevard
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Mitchell Hoeft, EIT, Engineer
Summary
Venture Bank is redeveloping the existing lots at 6210 and 6224 Wayzata Boulevard,
including consolidation of two existing lots into one parcel. During the preliminary platting
process, it was determined that an existing sanitary sewer easement on the north boundary
of the properties needs to be vacated before the final plat is approved.
Consistent with the subdivision ordinance, the proposed final plat includes new perimeter
drainage and utility easements, and will include additional easements to meet the City's
sanitary sewer needs across the new parcel.
Staff has sent a letter to all private utility companies regarding this proposed easement
vacation requesting their review and comment. It is anticipated there will be no objections to
this easement vacation.
Attachments
Location Map (1 page)
Sanitary Sewer Easement Vacation Exhibits for 6210 and 6224 Wayzata Boulevard (2 pages)
Resolution Establishing a Public Hearing on June 7, 2011 to Consider Vacation of a Sanitary
Sewer Easement at 6210 and 6224 Wayzata Boulevard (1 page)
Recommended Action
Motion to adopt Resolution Establishing a Public Hearing on June 7, 2011 to Consider
Vacation of a Sanitary Sewer Easement at 6210 and 6224 Wayzata Boulevard.
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That particular Sanitary Sewer easement,originally granted in Document No.3608948,Office of the County
Recorder,Hennepin County,Minnesota,and now to be vacated,described as follows:
S A perpetual Sanitary Sewer easement in,on,over and across the north twenty(20)feet of the following
described tract:
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E That part of the following described tract,lying East of the West 70 feet thereof,as measured perpendicular
a to the West line thereof;that part of Government Lot 3,Section 4,Township 117,Range 21,described as: I
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Li beginning. Subject to U.S.Highway No.12. EASEMENT TO BE VACATED
t. �2�, �� � NELSON UPPER MIDWEST Designed:us Exhibit Number ra " ,,,.. '°� VENTURE BANK Drawn: d:
Immtr.8010 Iaep Approved:MFH
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Issued:04/11/2011
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Date: Project No. NEL18804
Resolution 11-17 May 3, 2011
Member introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 7, 2011 TO
CONSIDER VACATION OF A SANITARY SEWER EASEMENT AT
6210 AND 6224 WAYZATA BOULEVARD
WHEREAS, the City desires to consider vacation of the sanitary sewer easement at
6210 and 6224 Wayzata Boulevard, legally described as follows:
Government Lot 3, Section 4, Township 117, Range 21, Hennepin County,
Minnesota.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden
Valley hereby schedules a public hearing on June 7, 2011, at 7 pm to consider vacation of
the easements.
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.
Cit
o,Golden e
7 63-593-8030/763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. K. Authorization to Sign Amendment to Cooperative Agreement for Funding of 2010
Project for Main Stem Restoration (Reach II) with Bassett Creek Watershed Management
Commission
Prepared By
Jeannine Clancy, Director of Public Works
Al Lundstrom, Environmental Coordinator
Summary
The original tax levy for the 2010 Bassett Creek Restoration Project (Main Stem) was
$601,300. Because additional funds were received in the form of a county grant and a
Minnesota Board of Water and Soil Resources (BWSR) grant, the Bassett Creek Watershed
Management Commission (BCWMC) tax levy for 2010 was reduced to $286,300.
Since the levy was reduced, BWSR has indicated that they would be reducing the allocation
to the project from $180,000 to $147,750. Therefore, funding for this project will be as follows:
County Grant $135,000
BWSR Grant $147,750
BCWMC Project Fund CIP $2,262
2009 Levy collected in 2010 $32,538
2010 Levy collected in 2011 $286,300
The result of the reduction of the BWSR grant is that the portion of the tax levy for the Main
Stem Restoration Project in 2010 for collection in 2011 was reduced by $32,250. Therefore,
an amendment to the cooperative agreement for the Bassett Creek Main Stem Restoration
project needs to be executed.
Staff recommends authorizing an amendment to the cooperative agreement for the Bassett
Creek Main Stem Restoration Project.
Attachments
Amendment to Cooperative Agreement for Bassett Creek Main Stem Restoration (2 pages)
Memorandum from the BCWMC Attorney, Kennedy & Graven, dated April 7, 2011, detailing
the revisions to the cooperative agreement (2 pages)
Recommended Action
Motion to authorize the Mayor and City Manager sign the Amendment to Cooperative
Agreement for Bassett Creek Main Stem Restoration between the City of Golden Valley and
the Bassett Creek Watershed Management Commission.
AMENDMENT TO COOPERATIVE AGREEMENT
FOR BASSETT CREEK MAIN STEM RESTORATION
This Agreement is made of the day of , 2011, by and between the
Bassett Creek Watershed Management Commission, a joint powers watershed management
organization (hereinafter the "Commission"), and the City of Golden Valley, a Minnesota
municipal corporation(hereinafter the "City").
WITNESSETH:
WHEREAS, the City and the Commission are parties to an agreement entitled
Cooperative Agreement for Bassett Creek Main Stem Restoration, dated
(hereinafter the "Main Stem Improvement Contract"), for construction of water quality
improvements to the Main Stem of Bassett Creek in the City of Golden Valley, as more fully
described therein(the "Project"); and
WHEREAS, the Main Stem Improvement Contract provides that the Commission will
reimburse the City for expenses incurred in the design and construction of the Project from the
Commission's Capital Improvement Program Closed Project Account in the amount of Two
Thousand Two Hundred Sixty-Two Dollars ($2,262) and from county tax levies in the amount
up to Thirty-Two Thousand Five Hundred Thirty-Eight Dollars ($32,538) in 2009 for collection
in 2010 and in the amount of Six Hundred One Thousand Three Hundred Dollars ($601,300) in
2010 for collection in 2011; and
WHEREAS,the City has secured a grant from Hennepin County for expenses incurred in
connection with construction of the Project in the amount of One Hundred Thirty-Five Thousand
Dollars ($135,000) (the "County Grant") and the Commission has secured a grant from the
Minnesota Board of Water and Soil Resources (BWSR) in the amount of Three Hundred Sixty
Thousand Dollars ($360,000), One Hundred Forty-Seven Thousand Seven Hundred Fifty Dollars
($147,750) of which has been allocated to the Project; and
WHEREAS,the parties therefore wish to amend the Main Stem Improvement Contract as
hereinafter set forth.
NOW, THEREFORE, on the basis of the premises and the mutual covenants hereinafter
set forth,the parties agree as follows:
A. Paragraphs 5 and 6 of the Main Stem Improvement Contract are amended to read as
follows:
5. The Commission will reimburse up to: Two Thousand Two Hundred Sixty-Two
Dollars ($2,262) of Project expenses from its Capital Improvement Program
Closed Project Account, One Hundred Forty-Seven Thousand Seven Hundred
Fifty Dollars ($147,750) of grant funds received by the Commission from BWSR,
Thirty-Two Thousand Five Hundred Thirty-Eight Dollars ($32,538) from the tax
settlement from the county received in 2010 and Two Hundred Eighty-Six
383791v3 CLL BA295-28 1
Thousand Three Hundred Dollars ($286,300) from the tax levy in 2010 to be
received in 2011 for the Project and One Hundred Sixty-Seven Thousand Two
Hundred Fifty Dollars ($167,250) from excess funds received from tax levies for
other projects, for a total reimbursement of up to Six Hundred Thirty-Six
Thousand One Hundred Dollars ($636,100). The City will not be reimbursed for
project costs paid by the County Grant.
Out-of-pocket costs related to the Project, incurred and paid by the Commission
for publication of notices, securing County tax levy, preparation of contracts,
review of proposed contract documents and administration of this contract shall
be repaid from funds received in the tax settlement from Hennepin County. All
funds in excess of such expenses are available for reimbursement to the City for
costs incurred by the City in the design and construction of the Project up to the
amount specified above. Reimbursement to the City will be made as soon as
funds are available provided a request for payment has been received from the
City providing such detailed information as may be requested by the Commission
to substantiate costs and expenses.
6. Reimbursement by the Commission to the City will not exceed the amount
specified in paragraph 5 above. All costs of the Project incurred by the City in
excess of such reimbursement shall be borne by the City or secured by the City
from other sources.
B. Except as modified herein, the Main Stem Improvement Contract remains in full force
and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by
their duly authorized officers on behalf of the parties as of the day and date first above written.
BASSETT CREEK WATERSHED
MANAGEMENT COMMISSION
By:
Its Chair
And by:
Its Secretary
CITY OF GOLDEN VALLEY
By:
Its Mayor
And by:
Its Manager
383791v3 CLL BA295-28 2
Charles L.LeFevere
Kerinedy 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612)337-9215 telephone
(612)337-9310 fax
clefevere@kennedy-graven.corn
http://www.kennedy-graven.com
CHARTERED
MEMORANDUM
Date: April 7,2011
To: File
From: Charles LeFevere
Re: Funding of 2010 Projects for Main Stem Restoration
(Crystal Boundary to Regent)and Plymouth Creek Restoration—Revised 4-7-11
The following is the history, as I understand it, and status of the funding sources for the Main Stem
and Plymouth Creek projects referred to above:
1. Main Stem Project,Crystal Boundary to Regent
This project was originally expected to cost $636,100. It was to be funded using$2,262
from the CIP Closed Project Fund,the tax levy of$32,538 in 2009 for collection in 2010,
and a tax levy of$601,300 in 2010 for collection in 2011.
Because additional funds were received in the form of a county grant and a BWSR grant,
the tax levy for 2010, for collection in 2011, was reduced as follows: The original levy
was expected to be $601,300. This was reduced by a county grant in the amount of
$135,000. It was further reduced by receipt of BWSR grant. The BWSR grant was in
the total amount of $360,000. At the time of certification of the levy in 2010 for
collection in 2011, it was assumed that $180,000 of the $360,000 would be allocated to
the Main Stem Project. Therefore, the levy was reduced by an additional $180,000 to a
levy of$286,300.
Since that levy was reduced, BWSR has indicated that the BWSR grant should be
allocated in a different way. Specifically, rather than$180,000, only$147,750 should be
allocated to the Main Stem Project. Therefore, funding for this project will be $135,000
from a county grant, $147,750 from the BWSR grant, $2,262 from the CIP Closed
384446v2 CLL BA295-27
Project Fund, $32,538 from the 2009 levy for collection in 2010 and $286,300 for the
2010 levy for collection in 2011.
The result of the reallocation of the BWSR grant is that the portion of the tax levy for the
Main Stem Project in 2010 for collection in 2011 was low by $32,250 (the difference
between the expected BWSR grant allocation of $180,000 and the final allocation of
$147,750). This number may be lower or higher based on the actual cost of the project.
Fortunately, as indicated below, the tax levy for the Plymouth Creek Project generated
substantially more than the shortfall in the levy for the Main Stem Project.
2. Plymouth Creek Project
For the Plymouth Creek Project, the original cost was expected to be$965,200. This was
to be funded by $62,738 from the Closed Project Fund and $902,462 from a tax levy in
2009 for collection in 2010.
Again,the funding was changed by the receipt of a Hennepin County grant in the amount
of $155,000 and a portion of the $360,000 BWSR grant, of which $212,250 is to be
allocated to this project. Therefore, project funding will be $155,000 from the county
grant, $212,250 from the BWSR grant, $62,738 from the Closed Project Fund, and
$535,212 from the tax levy by Hennepin County. Because of the grants, the levy turned
out to be more than was needed by $367,250, which is the sum of the Hennepin County
grant of$155,000 and the $212,250 of the BWSR grant allocated to this project. The
amount of excess money available as a result of this over-levy will actually be lower than
$367,250 because actual costs will exceed the original project cost estimate of$965,200.
384446v2 CLL BA295-27/28 2
cify
Go!r Valley Memorandum
Public Works
763-593-8030/763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. L. Establish Temporary No Parking Zones for Valley Days
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Mark Ray, Engineering Technician
Summary
On May 21, 2011, the Golden Valley Community Events Fund (GVCEF), a non-profit
community foundation organized by City residents, will be hosting Golden Valley Days at
Brookview Park. On that same date, the Golden Valley girls' softball league will be hosting
opening day at Lions Park and the Spirit of Hope United Methodist Church on Harold Avenue
will be having a rummage sale. Since the events are expected to draw a large crowd of
people and the parking lots in Brookview Park will be used for Valley Days vendors, all
attendees will need to park on local streets.
The current streets in the area around Brookview Park are primarily 26 and 28 feet in width. If
vehicles are allowed to park on both sides of the street, larger public safety vehicles may not
be able to safely pass between the parked cars. In order to maintain adequate public safety
vehicle access, parking will be permitted on one side of the street only. Proposed parking
restrictions are:
1. Harold Avenue between Winnetka Avenue and Ridgeway Road; parking prohibited on
the south side of the street.
2. Ridgeway Road, parking prohibited on the south/east side of the entire street.
3. Western Avenue between Brookview Parkway and Pennsylvania Avenue; parking
prohibited on the south side of the street.
4. Pennsylvania Avenue between Wayzata Boulevard and Ridgeway Road; parking
prohibited on the west side of the street.
5. Quebec Avenue between Western Avenue and Ridgeway Road; parking prohibited on
the east side of the street.
6. Quebec Avenue between Laurel Avenue and Pennsylvania Avenue; parking prohibited
on the east and south sides of the street.
7. Rhode Island Avenue between Wayzata Boulevard to Western Avenue; parking
prohibited on the west side of the street.
8. Sumter Avenue between Wayzata Boulevard and Laurel Avenue; parking prohibited
on the east side of the street.
9. Sumter Avenue between Laurel Avenue and Ewald Terrace; parking prohibited on the
west side of the street.
10.Gregory Road between Winnetka Avenue and Utah Avenue; parking prohibited on the
south side of the street.
11.Utah Avenue between Wayzata Boulevard and Ridgeway Road; parking prohibited on
the west side of the street.
12.Hanley Road between Wayzata Boulevard and Western Avenue; parking prohibited on
the west side of the street.
13.Field Drive between Wayzata Boulevard and Hanley Road; parking prohibited on the
east/south side of the street.
14.Western Terrace, parking prohibited on both sides of the entire street.
Parking restrictions will only be in effect on May 21, 2011 for Golden Valley Days.
Attachments
Location map (1 page)
Resolution Temporarily Restricting Vehicle Parking for Valley Days (2 pages)
Recommended Action
Motion to adopt Resolution Temporarily Restricting Vehicle Parking for Valley Days.
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GOLDEN VALLEY DAYS Hennepin County Surveyors Office for
Property Lines(2011).
Parking Restrictions City of Golden Valley for all other layers
Not to Scale
Resolution 11-18 May 3, 2011
Member introduced the following resolution and moved its adoption:
RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FOR VALLEY DAYS
WHEREAS, the City Council has the power and authority, pursuant to Chapter 9.06,
Subd. 2 of the City Code, to designate no parking zones and areas, and it appears that no
parking zones should be temporarily created on Saturday, May 21, 2011. The following
parking prohibitions will be in effect:
1. Harold Avenue between Winnetka Avenue and Ridgeway Road; parking prohibited
on the south side of the street
2. Ridgeway Road, parking prohibited on the south/east side of the entire street
3. Western Avenue between Brookview Parkway and Pennsylvania Avenue; parking
prohibited on the south side of the street
4. Pennsylvania Avenue between Wayzata Boulevard and Ridgeway Road; parking
prohibited on the west side of the street
5. Quebec Avenue between Western Avenue and Ridgeway Road; parking prohibited
on the east side of the street
6. Quebec Avenue between Laurel Avenue and Pennsylvania Avenue; parking
prohibited on the east and south sides of the street
7. Rhode Island Avenue between Wayzata Boulevard to Western Avenue; parking
prohibited on the west side of the street
8. Sumter Avenue between Wayzata Boulevard and Laurel Avenue; parking prohibited
on the east side of the street
9. Sumter Avenue between Laurel Avenue and Ewald Terrace; parking prohibited on
the west side of the street
10.Gregory Road between Winnetka Avenue and Utah Avenue; parking prohibited on
the south side of the street
11.Utah Avenue between Wayzata Boulevard and Ridgeway Road; parking prohibited
on the west side of the street
12.Hanley Road between Wayzata Boulevard and Western Avenue; parking prohibited
on the west side of the street
13.Field Drive between Wayzata Boulevard and Hanley Road; parking prohibited on the
east/south side of the street
14.Western Terrace, parking prohibited on both sides of the entire street
WHEREAS, maintaining access for Public Safety vehicles on all streets during the
event is critical for the safety and security of all residents and participants; and
WHEREAS, Golden Valley Days is planned for Saturday, May 21, 2011 and will take
place at Brookview Park with no parking allowed in the park.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley to temporarily restrict parking on Saturday, May 21, 2011 on one side of all the
streets in the area bounded by Brookview Parkway on the west, Western Avenue to the
north, Pennsylvania Avenue to the east, and Wayzata Boulevard to the south. Parking will
be prohibited on the south side of Harold Avenue between Winnetka Avenue and Ridgeway
Road. Additionally, parking will be prohibited on both sides of Western Terrace.
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.
Golden----1\-v ll
V 763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. M. Adoption of Livable Communities Housing Act - Housing Action Plan
Prepared By
Joe Hogeboom, City Planner
Summary
The Livable Communities Act Housing Action Plan is a required component of the City's
participation in the region-wide Livable Communities Act Local Housing Incentives Account
Program. To maintain its participation in the program, the City Council must adopt a Housing
Action Plan and submit it to the Metropolitan Council by June.
The attached plan is based on the Housing Chapter of the Comprehensive Plan. It outlines
goals and objectives as they relate to access to quality and affordable housing in Golden
Valley.
Attachments
Livable Communities Housing Act - Housing Action Plan (5 pages)
Recommended Action
Motion to adopt the Livable Communities Housing Act - Housing Action Plan.
Livable Communities Act - Housing Action Plan
City of Golden Valley, Minnesota
May 11, 2011
— Introduction
In August, 2010, the City of Golden Valley passed a resolution that renewed its
participation in the Metropolitan Livable Communities Act Local Housing Incentives
Account Program (LCA LHIA). The program, aimed at creating and maintaining quality
workforce and affordable housing in suburban Minneapolis/St. Paul communities, has
been in place since 1996. The City of Golden Valley has participated in this program
since its inception. Participation in the program has made the City eligible for various
funding opportunities.
The City has elected to continue its participation in the program through 2020. As part of
the continued participation, the Metropolitan Council has asked the City to establish the
goal of adding 68-104 new affordable multiple dwelling housing units and 100-200 life-
cycle housing units by 2020. This Housing Action Plan, a required component of the
City's participation in the LCA LHIA program, will aid the City in achieving its affordable
and life-cycle housing goals. The Housing Action Plan is a required to be on file with the
Metropolitan Council in order for the City to receive LCA grants.
This document identifies various goals and objectives, identified through the City's
Comprehensive Plan, that aid in preserving affordable housing in Golden Valley. Livable
Communities principals that are achieved by each item are highlighted within the report.
II - Housing Quality
Promote a high-quality living environment, the preservation of stable residential
neighborhoods, and where necessary, improvement of the condition of existing housing
stock in the City.
Objectives
• All housing meets or exceeds the quality standards established in City ordinances.
• Identification and removal of substandard housing units that are economically
unfeasible to rehabilitate.
Policies
1. The City will use the Residential Property Maintenance Code (RPMC) and other
quality standards established in the Golden Valley City Code to determine whether a
house is substandard or in need of repair, except where a particular funding program
or regulation specifies an alternate definition.
2. The City will routinely evaluate the RPMC and amend as necessary to maintain or
improve the quality of the City's housing stock. A study will be conducted to identify
improved processes for handling vacant or abandoned residential properties or
those residential properties for which the owner cannot be contacted or does not
make required improvements.
3. The City and the Housing and Redevelopment Authority may work with property
owners to ensure that all housing units are of high quality construction. The City will
ensure that all housing units adhere to applicable City Maintenance Codes, which
work to enhance the quality and visual appearance of the property.
4. The City may, if necessary, use its legal authority to remove substandard housing for
which rehabilitation has been determined to be economically unfeasible.
5. The City will continue enforcement of the Lighting Ordinance to promote resident
safety and appropriate lighting in residential neighborhoods.
6. The City will help protect the quality of its housing stock by promoting to real estate
agents and prospective home buyers or sellers the practice of contracting for private
home inspections prior to purchase of any Golden Valley home. Promotional efforts
may include but shall not be limited to periodic educational items in City publications
and information made available to the public by City staff.
7. The City will establish a list of qualifying criteria as a basis for selection for targeted
Community Development Block Grant funds. The City will give high priority to
rehabilitating its aging housing stock when determining the appropriate use of
Community Development Block Grant funds.
8. The City may seek out or develop financial assistance programs to help low- and
moderate- income property owners address deteriorating housing problems.
9. The City will continue its relationship with Center for Energy and Environment or
similar agencies to assist residents in locating resources and financial assistance for
home rehabilitation.
10.The City will continue to work with owners and managers of multi-family housing and
group home facilities through rental licensing and the Safer Tenants and Rentals
(STAR) program. The City will consider developing a similar program to cover
single- and two-family rental housing to ensure that housing quality standards are
met for all rental units.
11.The City will investigate and promote resources for aging and disabled residents to
safely remain in their home as desired.
III - Housing Variety
Promote a variety of housing types and designs to allow all people housing choices.
Objective
• Provide a mix of housing types, including multiple family housing, single family
housing, and lifecycle housing options.
• Provide a housing options that are affordable to people of all income levels.
Policies
1. The City will continue to offer the flexibility of the Planned Unit Development option
to housing developers who demonstrate an ability to successfully apply
contemporary design philosophies.
2. The City may guide for infill areas and redevelopment sites for single-family attached
and multiple family residential uses along major streets when appropriate.
3. The City may assist in attempts to obtain any applicable funds for city approved
development proposals designed to maximize the opportunity of providing a variety
of housing types, costs, and densities that meet City objectives. Sources may
include, but are not limited to, federal programs such as the Home Investment
Partnership Program (HOME) or Section 202 financing for senior housing, state aid
such as the Low Income Tax Credit Program or the Low/Moderate Income Rental
Program, Metropolitan Council funds such as the Local Housing Investment
Account, or nonprofit assistance such as the Family Housing Fund or Habitat For
Humanity.
4. The City will identify underused, nonresidential sites where the vacant area may be
suitable for higher density residential use.
5. The City will research techniques used in alternative dispute resolution processes,
such as mediation, for assistance in formulating citizen involvement guidelines that
channel discussion of housing development proposals along a productive course.
6. The City will encourage multi-family housing, whenever possible, to provide an
alternative for those who are unable or unwilling to maintain a traditional single-
family type property.
IV - Affordability
Housing opportunities at a cost that low- and moderate- income households can afford
without compromising essential needs.
Objectives
• At least 20% of the City's housing supply in quality units that are affordable to low-
and moderate- income households.
Policies
1. The City will consider potential housing affordability impact prior to adopting or
amending any development-related or construction-related regulation. Negative
impacts will be balanced against concerns for the general public health, safety, or
welfare. Where possible, strategies for mitigating negative affordability impacts will
be identified.
2. The City may meet with owners of subsidized properties eligible to leave the subsidy
program, to learn about their plans and to discuss obstacles that may keep them
from renewing their program contract.
3. The City may meet with owners of market rate rental properties to discuss
participation in the federal Section 8 voucher program and to ask what might make
vouchers more acceptable.
4. The City may meet with owners of lifecycle and senior housing to discuss ways to
promote housing affordability and retain the housing option in the community.
5. The City will use the Livable Communities definition of affordable housing, which
defines affordable housing as: "owner occupied housing that costs no more than
30% of the income of a household earning 80% of the median income level as
estimated annually by HUD, and rental housing should cost no more than 30% of the
income of a household earning 50% of the median income in the Twin Cities
Metropolitan Area."
6. If a new development or redevelopment proposal requires removal of modest-cost
homes or would significantly increase traffic, noise or create other negative impacts
on nearby homes the City will consider and attempt to reasonably mitigate the loss
of, or impact on, housing affordability and the supply of modest cost single family
homes. However, such consideration will not necessarily override other legitimate
development concerns.
V - Sustainability
Housing development maintains or enhances economic opportunity and community
well-being while protecting and restoring the natural environment. Housing
Development meets current needs while leaving future generations as many options for
resource use and development as possible.
Objectives
• New housing developments meet or exceed energy efficiency standards and
implement sustainable design features where possible.
• Improvements made to existing housing meet or exceed energy efficiency standards
and implement sustainable design features where possible.
• Sustainable development options are identified that do not compromise the
affordability of housing.
1. The City will encourage energy efficient and sustainable development that meets
standards established by programs such as Leadership in Energy and
Environmental Design (LEED), Mayors Climate Initiative, MN GreenStar, and Energy
Star.
2. The City will encourage development that saves or increases green spaces, parks,
and trails.
3. The City will review new housing development projects for adequate public or private
parkland, open and natural space, and recreational space.
4. The City will accommodate energy conserving technologies and construction
techniques, including active and passive solar energy features, by advocating their
use in application for new residential development and by amending City Code or
City policies as appropriate to allow residents to take advantage of new approaches.
VI - Nondiscrimination
Promote and encourage equal opportunity in renting and purchasing homes.
Objectives
• No discrimination against persons seeking housing based on age, religion, race,
ethnic origin, sexual preference, sex, or disability.
Policies
The City's Human Rights Commission will continue its role as a forum for discussion of
discrimination issues by conducting ongoing education efforts as necessary to promote
equal availability of housing opportunities and fair treatment of all renters and buyers
regardless of age, sex, marital status, public assistance status, sexual orientation,
disability, familial status, income level, religious affiliation or ethnic background.
1. A Livable Communities impact evaluation shall be included as part of the
consideration of any housing-related development application. Potential impacts on
all Livable Communities benchmark areas shall be considered, but those areas may
not be weighed equally, nor will this evaluation necessarily take precedence over
other concerns that may be voiced in connection with the application.
VII — Implementation
The implementation of the Housing Action Plan will be achieved through various
controls. The primary controls that are available to enable housing action policies are
zoning, subdivision regulations, building code, and potential design requirements for
public improvements.
Official actions will be done through the Planning Commission, Housing and
Redevelopment Authority, and City Council. The City's housing goals are ongoing
measures and will be continually monitored through the Planning Department. The
Planning Department staff can be reached at 763-593-8095 for questions or requests
for additional information.
C' Memorandum
_______
.Go!
Finance
µ 763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. N. Redesignation of Depositories for City Funds
Prepared By
Sue Virnig, Finance Director
Summary
State Law requires cities to have depositories for city funds approved annually. The attached
resolution states the depositories, accounts, and signature requirements for each account.
Alerus Financial entered into a definitive agreement with BNCCORP, Inc (BNC) to purchase
deposits. Because of this agreement, we need to add this bank as a financial institution on
our depository resolution. Once all the certificates come due, we will review the invest needs
of the City.
Attachments
Resolution Redesignating Depositories for City Funds (2 pages)
Recommended Action
Motion to adopt Resolution Redesignating Depositories for City Funds.
Resolution 11-19 May 3, 2011
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION REDESIGNATING DEPOSITORIES FOR CITY FUNDS
WHEREAS, Minnesota Statutes set procedures and require the City Council to
designate depositories for City funds;
WHEREAS, these statutes allow the City Council to authorize the Accounting
Coordinator or Treasurer/Finance Director to annually designate a bank as the official
depository for the City funds and manage the collateral pledged to such funds; and
WHEREAS, Wells Fargo Bank, Minnesota, N.A., is now the official depository; and
WHEREAS, Wells Fargo Bank Minnesota, N.A., wires transfer funds to below
institutions for investments purchased by the City:
BNC National Bank
Central Bank
Piper Jaffray Companies
RBC-Dain Rauscher
Sterne Agee & Leach
US Bank
Wells Fargo
4M Fund
Alerus Financial
BE IT FURTHER RESOLVED that the following signatories or alternates are
authorized to be signatories on checks drawn on funds deposited:
1. General Checking and Payroll Checking:
Mayor or Mayor Pro Tem and Treasurer or Accounting Coordinator
Each check shall require two (2) signatures.
2. Internal Deposit Funds:
(Brookview Golf Course Checking, Motor Vehicle Registration Fund
Checking)
Signatories shall be as designated by the City Manager who shall notify the
bank at the time of authorization or change of authorization and each check
shall require two (2) signatures.
Resolution 11-19 - Continued May 3, 2011
3. Imprest Fund Checking: (Park and Recreation, City Activity Account, Motor
Vehicle DNR transactions and Brookview Golf Activity):
Signatories shall be as designated by the City Manager who shall notify the
bank at the time of authorization or change or authorization and each check
shall require one (1) signature.
4. Wire Transfers: (Motor Vehicle Licensing):
Will be authorized for the Motor Vehicle Supervisor, Accounting Coordinator
or Finance Director to such accounts at the State of Minnesota for
transactions fees.
BE IT FURTHER RESOLVED that the following shall be authorized to make
investments of city funds and shall be authorized to deposit the principal of said
investments in the above named depositories as necessary and beneficial to the City: City
Manager, City Treasurer and Accounting Coordinator.
The City Manager and City Clerk are authorized and directed to furnish each of the
depositories with certified copies of this resolution along with such signature documentation
as is required by the depository and the authorizations set forth under 2 and 3 above.
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.
city
Council
Go!� ���� en \Talley
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
3. 0. Board/Commission Appointments and Reappointments
Prepared By
Linda Loomis, Mayor
Summary
Each year staff contacts board and/or commission members whose term is expiring to find
out if they are interested in being reappointed. Listed below are those who would like to be
reappointed.
Recommended Action
Motion to make the following appointments:
Planning Commission:
Mike Kisch 3 year term term expires - 5/1/14
Environmental Commission:
Paula Sunde 2 year term term expires - 5/1/13
Motion to make the following reappointments:
Planning Commission:
Dave Cera 3 year term term expires - 5/1/14
Chuck Segelbaum 3 year term term expires - 5/1/14
Board of Zoning Appeals:
Nancy Nelson 1 year term term expires - 5/1/12
Human Services Foundation:
Hilmer Erickson 3 year term term expires - 5/1/14
Elissa Heilicher 3 year term term expires - 5/1/14
Toots Vodovoz 3 year term term expires - 5/1/14
Open Space and Recreation Commission:
Kelly Kuebelbeck 3 year term term expires - 5/1/14
Anne Saffert 3 year term term expires - 5/1/14
Emily Piper 3 year term term expires - 5/1/14
Civil Service Commission:
Marshall Tanick 3 year term term expires - 5/1/14
Environmental Service Commission:
Lynn Gitelis 3 year term term expires - 5/1/14
Jim Stremel 3 year term term expires - 5/1/14
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oudf Y Public Safety Police Department
P" 763-593-8079/763-593-8098 (fax)
e
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
6. A. On-Sale and Sunday Sale Liquor License - Osaka Golden Valley Inc. d/b/a Osaka Sushi
and Hibachi
Prepared By
Stacy A. Altonen, Chief of Police
Jeff Johnson, Sergeant
Summary
Osaka Golden Valley Inc. d/b/a Osaka Sushi and Hibachi, has applied for an initial On-Sale
and Sunday Sale Liquor License. The restaurant will be located at 6440 Wayzata Boulevard.
The City Attorney has reviewed the application, and has found the application documents are
in order and complete. The applicants meet all State and City requirements for consideration
of the issuance of an On-Sale and Sunday Sale Liquor License.
Recommended Action
Motion to approve the issuance of an On-Sale and Sunday Liquor License to Osaka Golden
Valley Inc. d/b/a Osaka Sushi and Hibachi, located at 6440 Wayzata Boulevard.
0 Go i_.",or Finance 1r� V 763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
May 3, 2011
Agenda Item
6. B. Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing
for the Payment 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
At the meeting of April 20, 2011 the City Council passed resolutions authorizing the issuance
and sale of these bond issues. The sale date was set for Tuesday, May 3, 2011. A
representative of Springsted, Inc will be in attendance at the meeting to present the bid
results. If the City Council desires to proceed with these bond sales, after reviewing the bid
results, it should adopt the attached resolutions.
Attachments
Resolution Authorizing Issuance and Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of$1,840,000 General Obligation Improvement Bonds, Series
2011A (23 pages)
Resolution Authorizing Issuance and Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of $655,000 General Obligation Equipment Certificates, Series
2011B (17 pages)
Resolution Authorizing Issuance and Awarding Sale, Prescribing the Form and Details and
Providing for the Payment of $5,110,000 General Obligation Improvement Refunding Bonds,
Series 2011C (18 pages)
Recommended Action
Motion to adopt Resolution Authorizing Issuance and Awarding Sale, Prescribing the Form
and Details and Providing for the Payment of$1,840,000 General Obligation Improvement
Bonds, Series 2011A.
Motion to adopt Resolution Authorizing Issuance and Awarding Sale, Prescribing the Form
and Details and Providing for the Payment of$655,000 General Obligation Equipment
Certificates, Series 2011 B.
Motion to adopt Resolution Authorizing Issuance and Awarding Sale, Prescribing the Form
and Details and Providing for the Payment of$5,110,000 General Obligation Improvement
Refunding Bonds, Series 2011C.
Resolution 11-20 May 3, 2011
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $1,840,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2011A
BE IT RESOLVED by the City Council, City of Golden Valley, Minnesota (the City), as
follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. This Council, by resolution duly adopted on April 20, 2011,
authorized the issuance and sale on the date hereof of its General Obligation Improvement
Bonds, Series 2011A (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475.
Proceeds of the Bonds will be used to finance various improvement projects in the City (the
Project).
1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on
behalf of the City by Springsted Incorporated, sealed proposals for the purchase of the Bonds
were received at or before the time specified for receipt of proposals. The proposals have been
opened, publicly read and considered and the purchase price, interest rates and net interest cost
under the terms of each proposal have been determined. The most favorable proposal received is
that of
in , and associates (the Purchaser), to purchase the
Bonds at a price of$ plus accrued interest on all Bonds to the day of
delivery and payment, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed to execute a contract on behalf of the City
for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of
the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and
shall be deducted from the purchase price paid at settlement.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of May 15, 2011, shall be in the denomination of$5,000 each, or any integral
multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated
below, and shall bear interest from date of issue until paid or duly called for redemption, at the
annual rates set forth opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2013 $ 85,000 % 2023 $ 75,000
2014 75,000 2024 75,000
2015 115,000 2025 80,000
2016 75,000 2026 80,000
2017 125,000 2027 85,000
2018 100,000 2028 90,000
2019 115,000 2029 95,000
2020 125,000 2030 95,000
2021 125,000 2031 100,000
2022 125,000
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued
by the Registrar described herein; provided that, so long as the Bonds are registered in the name
of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal
and interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06,the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1,
2012, each such date being referred to herein as an Interest Payment Date, to the persons in
whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the
Registrar's close of business on the fifteenth day of the month immediately preceding the Interest
Payment Date, whether or not such day is a business day. Interest shall be computed on the basis
of a 360-day year composed of twelve 30-day months.
2.04. Redemption. Bonds maturing in 2020 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar
(or, if applicable, by the bond depository in accordance with its customary procedures) in
multiples of$5,000, on February 1, 2019, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Manager shall
cause notice of the call for redemption thereof to be published if and as required by law, and at
least thirty and not more than 60 days prior to the designated redemption date, shall cause notice
of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to
be redeemed at their addresses as they appear on the bond register described in Section 2.06
hereof, but no defect in or failure to give such mailed notice of redemption shall affect the
validity of proceedings for the redemption of any Bond not affected by such defect or failure.
Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so
to be redeemed shall, on the redemption date, become due and payable at the redemption price
therein specified and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge,
representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on February 1, 20—and 20—(the Term Bonds) shall be subject to
mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section
2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date, without premium. The Registrar shall select for redemption, by
lot or other manner deemed fair, on February 1 in each of the following years the following
stated principal amounts of such Bonds:
Term Bonds Maturing February 1, 20—
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on February 1, 20—.
Term Bonds Maturing February 1, 20—
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on February 1, 20—.
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank National
Association, St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent
(the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of
the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company organized under the
laws of the United States or one of the states of the United States and authorized by law to
conduct such business, such corporation shall be authorized to act as successor Registrar. The
City agrees to pay the reasonable and customary charges of the Registrar for the services
performed. The City reserves the right to remove the Registrar, effective upon not less than
thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in
which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the
successor Registrar and shall deliver the Bond Register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
register(the Bond Register) in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person (whether a natural person, corporation, association, partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the Holder thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly
authorized by the Holder in writing,the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of
the month preceding each interest payment date and until such interest payment date.
(c) Exchange of Bonds. At the option of the Holder of any Bond in a
denomination greater than $5,000, such Bond may be exchanged for other Bonds of
authorized denominations, of the same maturity and a like aggregate principal amount,
upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any
Bond is so surrendered for exchange the City shall execute and the Registrar shall
authenticate and deliver the Bonds which the Bondholder making the exchange is entitled
to receive.
(d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall
be promptly canceled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the Bond Register as the absolute
owner of the Bond, whether the Bond shall be overdue or not, for the purpose of
receiving payment of or on account of the principal of and interest on the Bond and for
all other purposes, and all payments made to or upon the order of such Holder shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the extent of
the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost,the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of the City by the signatures of the
Mayor and the City Manager, provided that the signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature shall appear on any Bond shall cease to be such officer before the delivery of
such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until the date of delivery of such Bond.
Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled
to any security or benefit under this Resolution unless and until a certificate of authentication on
the Bond, substantially in the form provided in Section 2.09, has been executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on any Bond shall be conclusive evidence that it has been duly authenticated and
delivered under this Resolution. When the Bonds have been prepared, executed and
authenticated,the City Manager shall deliver them to the Purchaser upon payment of the
purchase price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede& Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant" shall mean any broker-dealer,bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which the City
agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance,the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance
with paragraph(e) hereof DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e)hereof
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or City Manager is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or(c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF GOLDEN VALLEY
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2011A
No. R- $
Interest Rate Maturity Date Date of Original Issue CUSIP No.
February 1, 20 May 15, 2011
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
CITY OF GOLDEN VALLEY, State of Minnesota(the City) acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
or registered assigns, the principal amount specified above on the maturity date specified above
and promises to pay interest thereon from the date of original issue specified above or from the
most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or
duly provided for, at the annual interest rate specified above, payable on February 1 and
August 1 in each year, commencing February 1, 2012 (each such date, an Interest Payment
Date), all subject to the provisions referred to herein with respect to the redemption of the
principal of this Bond before maturity. The interest so payable on any Interest Payment Date
shall be paid to the person in whose name this Bond is registered at the close of business on the
fifteenth day (whether or not a business day) of the calendar month immediately preceding the
Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year
composed of twelve 30-day months. The interest hereon and, upon presentation and surrender
hereof at the principal office of the Registrar described below, the principal hereof are payable in
lawful money of the United States of America by check or draft drawn on U.S. Bank National
Association, St. Paul, Minnesota, as bond registrar,transfer agent and paying agent, or its
successor designated under the Resolution described herein (the Registrar). For the prompt and
full payment of such principal and interest as the same respectively become due, the full faith
and credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue (the Bonds) in the aggregate principal amount of$1,840,000
issued pursuant to a resolution adopted by the City Council on May 3, 2011 (the Resolution), to
finance various improvement projects in the City and is issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form,
in the denomination of$5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in 2020 and later years shall be subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and, within a maturity, by lot as selected by the Registrar(or, if applicable, by the bond
depository in accordance with its customary procedures) in multiples of$5,000, on February 1,
2019, and on any date thereafter, at a price equal to the principal amount thereof and accrued
interest to the date of redemption. The City shall cause notice of the call for redemption thereof
to be published if and as required by law, and at least thirty and not more than 60 days prior to
the designated redemption date, shall cause notice of call for redemption to be mailed, by first
class mail, to the registered holders of any Bonds, at the holders' addresses as they appear on the
bond register maintained by the Registrar, but no defect in or failure to give such mailed notice
of redemption shall affect the validity of proceedings for the redemption of any Bond not
affected by such defect or failure. Official notice of redemption having been given as aforesaid,
the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified and from and after such date (unless the City
shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to
the owner without charge, representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing in the years 20 and 20_shall be subject to mandatory redemption, at
a redemption price equal to their principal amount plus interest accrued thereon to the
redemption date, without premium, on February 1 in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturing in 20-- Term Bonds Maturing in 20--
Sinking Fund Aggregate Sinking Fund Aggregate
Payment Date Principal Amount Payment Date Principal Amount
$ $
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the designated transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date; subject to reimbursement for any tax, fee or governmental charge
required to be paid with respect to any such transfer or exchange.
The Bonds have been designated as "qualified tax-exempt obligations"pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment as herein provided and for all other purposes, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist,to happen and to be performed prior to and in the issuance of this Bond in order to make
it a valid and binding general obligation of the City in accordance with its terms, have been done,
do exist, have happened and have been performed as so required; that, prior to the issuance
hereof, the City Council has by the Resolution covenanted and agreed to levy ad valorem taxes
upon all taxable property in the City and special assessments upon property specially benefited
by the local improvements financed by the Bonds, which taxes and special assessments will be
collectible for the years and in amounts sufficient to produce sums not less than five percent in
excess of the principal of and interest on the Bonds when due, and has appropriated such special
assessments and taxes to its General Obligation Improvement Bonds, Series 2011A Bond Fund
for the payment of principal and interest; that if necessary for payment of principal and interest,
additional ad valorem taxes are required to be levied upon all taxable property in the City,
without limitation as to rate or amount and that the issuance of this Bond, together with all other
indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and
delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory
limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by
the facsimile signatures of its Mayor and City Manager.
CITY OF GOLDEN VALLEY, MINNESOTA
(facsimile signature—Mayor) (facsimile signature—City Manager)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
U.S. BANK NATIONAL ASSOCIATION,
as Registrar
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM - as tenants in common UTMA as Custodian for
(Cost) (Minor)
TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act
(State)
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the
within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of the within Bond, with full
power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or
any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible
guarantor institution" meeting the requirements
of the Registrar, which requirements include
membership or participation in STAMP or such
other "signature guaranty program" as may be
determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with
the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
SECTION 3. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A
CONSTRUCTION FUND. There is hereby established on the official books and records of the
City a separate fund designated the General Obligation Improvement Bonds, Series 2011A
Construction Fund (the Construction Fund). To the Construction Fund there shall be credited
from the proceeds of the Bonds an amount equal to the estimated cost of the Project. There shall
also be credited to the Construction Fund all special assessments collected with respect to the
Project until all costs of the Project have been fully paid. All proceeds of the Bonds deposited in
the Construction Fund will be expended solely for the payment of the costs of the Project. To
the extent required by Minnesota Statutes, Section 429.091, subdivision 4,the City shall
maintain a separate account within the Construction Fund to record expenditures for each
improvement. The City Manager shall maintain the Construction Fund until all costs and
expenses incurred by the City in connection with the construction of the improvements have
been paid. All special assessments on hand in the Construction Fund when terminated or
thereafter received, and any Bond proceeds not so transferred, shall be credited to the General
Obligation Improvement Bonds, Series 2011A Bond Fund.
SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A BOND
FUND. There is hereby established on the official books and records of the City a separate fund
designated the General Obligation Improvement Bonds, Series 2011A Bond Fund (the Bond
Fund). Into the Bond Fund shall be paid (a)the amounts specified in Section 3 above, (b) any
amounts received from the Purchaser upon delivery of the Bonds in excess of the amounts
appropriated to the Construction Fund pursuant to Section 3 hereof, (c) any special assessments
and taxes collected pursuant to Sections 5 or 6 hereof, except as otherwise provided in Section 3
hereof and (d) any other funds appropriated by the City Council for the payment of the Bonds.
The money on hand in the Bond Fund from time to time shall be used only to pay the principal of
and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to
pay principal and interest then due on the Bonds, such amounts shall be paid from other money
on hand in other funds of the City, which other funds shall be reimbursed therefor when
sufficient money becomes available in the Bond Fund. The Bond Fund shall be maintained until
the City has paid, or made provision for the payment of, all of the principal of and interest on the
Bonds.
There are hereby established two accounts in the Bond Fund, designated as the "Debt
Service Account" and the "Surplus Account." There shall initially be deposited into the Debt
Service Account upon the issuance of the Bonds the amount set forth in (b) above. Thereafter,
during each Bond Year (i.e., each twelve month period commencing on February 2 and ending
on the following February 1), as monies are received into the Bond Fund, the City Manager shall
first deposit such monies into the Debt Service Account until an amount has been appropriated
thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond
Year. All subsequent monies received in the Bond Fund during the Bond Year shall be
appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service
Account is insufficient for the payment of principal and interest then due, the City Manager shall
transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent
necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to
time held in the Debt Service Account and Surplus Account shall be credited or charged to said
accounts.
If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest
and principal then due on all Bonds payable therefrom, the payment shall be made from any fund
of the City which is available for that purpose, subject to reimbursement from the Surplus
Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants
and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory
limitation.
In order to ensure compliance with the Code and applicable Regulations (all as defined in
Section 8.01 hereof), the Finance Director, upon allocation of any funds to the Bond Fund, shall
ascertain the balance then on hand in the Bond Fund. If it exceeds the amount of principal and
interest on the Bonds to become due and payable through the next following February 1, plus a
reasonable carryover equal to 1112th of the debt service due in the following bond year, the
excess shall (unless an opinion is received from bond counsel stating that another use shall not
interfere with the tax exemption of the bonds) be used to prepay or purchase Bonds, or be
invested at a yield which does not exceed the yield on the Bonds calculated in accordance with
Section 148 of the Code.
SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the
payment of the costs of the Project, the City has done or will do and perform all acts and things
necessary for the final and valid levy of special assessments in an amount not less than 20% of
the cost of the Project financed by the Bonds. The City estimates it has levied or will levy
special assessments in the original aggregate principal amount of$506,000.00. It is estimated
that the principal and interest on such special assessments will be levied beginning in 2011 and
collected in the years 2012-2021 in the amounts shown on Appendix I attached hereto. The
principal of the special assessments shall be made payable in annual installments, with interest as
established by this City Council in accordance with law on installments thereof from time to time
remaining unpaid. In the event any special assessment shall at any time be held invalid with
respect to any lot or tract of land, due to any error, defect or irregularity in any action or
proceeding taken or to be taken by the City or by this City Council or by any of the officers or
employees of the City, either in the making of such special assessment or in the performance of
any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all
such further things and take all such further proceedings as shall be required by law to make such
special assessment a valid and binding lien upon said property.
SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively come due, the full faith,
credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In
order to produce aggregate amounts which, together with the collections of special assessments
as set forth in Section 5, will produce amounts not less than 5% in excess of the amounts needed
to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby
levied on all taxable property in the City. The taxes will be levied and collected in years and
amounts shown on the attached levy computation. Said taxes shall be irrepealable as long as any
of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to
reduce said levies in accordance with the provisions of Minnesota Statutes, Section 475.61.
SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
are prepayable according to their terms by depositing with the Registrar on or before that date an
amount equal to the principal, interest and redemption premium, if any, which are then due,
provided that notice of such redemption has been duly given as provided herein. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited for such purpose,
bearing interest payable at such times and at such rates and maturing or callable at the holder's
option on such dates as shall be required to pay all principal and interest to become due thereon
to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an
earlier designated redemption date, provided, however, that if such deposit is made more than
ninety days before the maturity date or specified redemption date of the Bonds to be discharged,
the City shall have received a written opinion of Bond Counsel to the effect that such deposit
does not adversely affect the exemption of interest on any Bonds from federal income taxation
and a written report of an accountant or investment banking firm verifying that the deposit is
sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and
before their maturity dates or earlier designated redemption date.
SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
8.01. General Tax Covenant. The City agrees with the registered owners from time to
time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or
agents, any action that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable
Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers
to ensure that the interest on the Bonds will not become includable in gross income of the
recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the
Construction Fund will be expended solely for the payment of the costs of the Project. The
Project is and will be owned and maintained by the City and available for use by members of the
general public on a substantially equal basis. The City shall not enter into any lease,
management contract, use agreement, capacity agreement or other agreement with any non-
governmental person relating to the use of the Project, or any portion thereof, or security for the
payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or
"private loan bonds" pursuant to Section 141 of the Code.
8.02. Arbitrage Certification. The Mayor and City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
Section 148 of the Code, and applicable Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be "arbitrage bonds"within the meaning of the Code and Regulations.
8.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f) of the Code. The City covenants and agrees to retain such
records, make such determinations, file such reports and documents and pay such amounts at
such times as are required under said Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds
(other than amounts constituting a"bona fide debt service fund") arise during or after the
expenditure of the original proceeds thereof.
8.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Project which the City paid
or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to
such prior expenditures, the City shall have made a declaration of official intent which complies
with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall
not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project
meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to
"preliminary expenditures" for the Project as defined in Section 1.150-2(f)(2) of the Regulations,
including engineering or architectural expenses and similar preparatory expenses, which in the
aggregate do not exceed 20% of the "issue price" of the Bonds. The City has adopted a
resolution on January 5, 2010, expressing an intent to reimburse Project expenditures from
proceeds of tax-exempt bonds.
8.05. Qualified Tax-Exempt Obligations. The Bonds are hereby designated as "qualified
tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the
disallowance of interest expense for financial institutions, and the City hereby finds that the
reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of
Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities
during calendar year 2011 does not exceed $10,000,000.
8.06 Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect
and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. The City has complied in all
material respects with any undertaking previously entered into by it under the Rule. If the City
fails to comply with any provisions of this section, any person aggrieved thereby, including the
Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear
necessary or appropriate to enforce performance and observance of any agreement or covenant
contained in this section, including an action for a writ of mandamus or specific performance.
Direct, indirect, consequential and punitive damages shall not be recoverable for any default
hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained
herein, in no event shall a default under this section constitute a default under the Bonds or under
any other provision of this resolution. As used in this section, Owner or Bondowner means, in
respect of a Bond, the registered owner or owners thereof appearing in the bond register
maintained by the Registrar or any Beneficial Owner (as hereinafter defined)thereof, if such
Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in
respect of a Bond, any person or entity which(a) has the power, directly or indirectly, to vote or
consent with respect to, or to dispose of ownership of, such Bond (including persons or entities
holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the
owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2010, the following financial information and
operating data in respect of the City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) to the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings: City
Property Values; City Indebtedness; and City Tax Rates, Levies and
Collections, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof,the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been filed with
the SEC or have been made available to the public on the Internet Web site of the Municipal
Securities Rulemaking Board ("MSRB"). The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect, provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from
and after such determination,the Disclosure Information shall include such additional specified
data regarding the replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(1) or subsection(d),then the City shall
include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an
explanation of the reasons for the amendment and the effect of any change in the type of
financial information or operating data provided.
(2) In a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events (each, a Material
Fact):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions,the issuance by the Internal Revenue Service of proposed
or final determinations of taxability,Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax
status of the Bonds, or other material events affecting the tax status of the
Bonds;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or a similar event with respect to the City;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material; and
(N) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
As used herein, for those events that must be reported if material, an event is "material" if it is an
event as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, a material fact is also an event that would be deemed
material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable
federal securities laws, as interpreted at the time of discovery of the occurrence of the event.
For the purposes of the event identified in(L) hereinabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governmental body and officials or officers in possession
but subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the assets or business of the
obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph(b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection(d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection
(b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however,the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph(c)(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications, to the
effect that: (i) such amendment or supplement (a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the City or the type of operations conducted by the
City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5)
of the Rule; (ii)this section as so amended or supplemented would have complied
with the requirements of paragraph (b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and (iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 9. CERTIFICATION OF PROCEEDINGS.
9.01. Registration of Bonds. The City Manager is hereby authorized and directed to file
a certified copy of this resolution with the County Auditor of Hennepin County and obtain a
certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the
Auditor's bond register.
9.02. Authentication of Transcript. The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey& Whitney
LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and
such other affidavits, certificates and information as may be required to show the facts relating to
the legality and marketability of the Bonds, as the same appear from the books and records in
their custody and control or as otherwise known to them, and all such certified copies, affidavits
and certificates, including any heretofore furnished, shall be deemed representations of the City
as to the correctness of all statements contained therein.
9.03. Official Statement. The Official Statement relating to the Bonds, dated April 21,
2011, prepared and distributed by Springsted Incorporated, the financial consultant for the City,
is hereby approved. Springsted Incorporated is hereby authorized on behalf of the City to
prepare and deliver to the Purchaser within seven business days from the date hereof a
supplement to the Official Statement listing the offering price, the interest rates, selling
compensation, delivery date, the underwriters and such other information relating to the Bonds
required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the
Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to
execute such certificates as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
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.
APPENDIX I
City of Golden Valley, Minnesota
General Obligation Improvement Bonds, Series 2011A
Payments on Special Assessments
Year of
Collection Principal Interest Total
2012 $ 50,600.00 $ 35,420.00 $ 86,020.00
2013 50,600.00 27,324.00 77,924.00
2014 50,600.00 24,288.00 74,888.00
2015 50,600.00 21,252.00 71,852.00
2016 50,600.00 18,216.00 68,816.00
2017 50,600.00 15,180.00 65,780.00
2018 50,600.00 12,144.00 62,744.00
2019 50,600.00 9,108.00 59,708.00
2020 50,600.00 6,072.00 56,672.00
2021 50,600.00 3,036.00 53,636.00
$506,000.00 $172,040.00 $678,040.00
PROJECTED TAX LEVIES
Date Levy
Total $
Resolution 11-21 May 3, 2011
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE, AWARDING
SALE, PRESCRIBING THE FORM AND DETAILS AND
PROVIDING FOR THE PAYMENT OF $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 Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. This Council, by resolution duly adopted on April 20, 2011,
authorized the issuance and sale of$655,000 General Obligation Equipment Certificates of
Indebtedness, Series 2011B (the Obligations) of the Issuer to finance the costs of acquiring items
of capital equipment (the Project). Said items of capital equipment have a useful life not less
than the term of the Obligations. The principal amount of the Obligations does not exceed 0.25
percent of the market value of taxable property in the Issuer.
1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement
prepared on behalf of the Issuer by Springsted Incorporated, sealed proposals for the purchase of
the Obligations were received at or before the time specified for receipt of proposals. The
proposals have been opened, publicly read and considered and the purchase price, interest rates
and net interest cost under the terms of each proposal have been determined. The most favorable
proposal received is that of , in
and associates (the Purchaser), to purchase the
Obligations at a price of$ plus accrued interest on all Obligations to the day of
delivery and payment, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Obligations is hereby awarded to the Purchaser, and
the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf
of the Issuer for the sale of the Obligations in accordance with the terms of the proposal. The
good faith deposit of the Purchaser shall be retained by the Issuer until the Obligations have been
delivered, and shall be deducted from the purchase price paid at settlement.
Section 2. Obligation Terms; Registration; Execution and Delivery.
2.01. Issuance of Obligations. All acts, conditions and things which are required
by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed prior to and in the valid issuance of the Obligations having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Obligations,to provide security therefor and to issue the
Obligations forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Obligations
shall be originally dated as of May 15, 2011, shall be in denominations of$5,000 or any integral
multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated
below, without option of prior payment, and shall bear interest from date of issue until paid at the
annual rates set forth opposite such years and amounts, as follows:
Year Amount Interest Rate
2013 $215,000
2014 220,000
2015 220,000
The Obligations shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Obligation at the principal office of the Registrar described herein, the
principal amount thereof, shall be payable by check or draft issued by the Registrar described
herein. Upon the initial delivery of the Obligations pursuant to Section 2.07, and upon any
subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be
noted on each Obligation so delivered, exchanged or transferred.
2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be
payable on each February 1 and August 1, commencing February 1, 2012, to the owners of
record thereof as of the close of business on the fifteenth day of the immediately preceding
month, whether or not such day is a business day.
2.04. Redemption. The Obligations shall not be subject to prepayment prior to
their stated maturities.
2.05. Appointment of Initial Registrar. The Issuer hereby appoints U.S. Bank
National Association, St. Paul, Minnesota as the initial bond registrar, transfer agent and paying
agent (the Registrar) for the Obligations. The Mayor and City Manager are authorized to execute
and deliver, on behalf of the Issuer, a contract with the Registrar. The Issuer reserves the right to
remove the Registrar upon thirty days' notice and upon the appointment of a successor Registrar,
in which event the predecessor Registrar shall deliver all cash and Obligations in its possession
to the successor Registrar and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the
Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal office a bond register in
which the Registrar shall provide for the registration of ownership of Obligations and the
registration of transfers and exchanges of Obligations entitled to be registered, transferred
or exchanged.
(b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly
endorsed by the registered owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
shall authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Obligations of a like aggregate principal amount and maturity, as requested
by the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Obligations. Whenever any Obligations are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver one or more
new Obligations of a like aggregate principal amount and maturity, as requested by the
registered owner or the owner's attorney in writing.
(d) Cancellation. All Obligations surrendered upon any transfer or exchange
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the
Issuer.
(e) Improper or Unauthorized Transfer. When any Obligation is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Obligation or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar shall incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in
whose name any Obligation is at any time registered in the bond register as the absolute
owner of the Obligation, whether the Obligation shall be overdue or not, for the purpose
of receiving payment of or on account of, the principal of and interest on the Obligation
and for all other purposes, and all payments made to any registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability upon
Obligation to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Obligations
(except for an exchange upon a partial redemption of an Obligation), the Registrar may
impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Obligations. In case any Obligation
shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new
Obligation of like amount, number, maturity date and tenor in exchange and substitution
for and upon cancellation of any such mutilated Obligation or in lieu of and in
substitution for any Obligation destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith, and, in the case
of an Obligation destroyed, stolen or lost, upon filing with the Registrar of evidence
satisfactory to it that the Obligation was destroyed, stolen or lost, and of the ownership
thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it, in which both the Issuer and the Registrar shall
be named as obligees. All Obligations so surrendered to the Registrar shall be canceled
by it and evidence of such cancellation shall be given to the Issuer. If the mutilated,
destroyed, stolen or lost Obligation has already matured or been called for redemption in
accordance with its terms it shall not be necessary to issue a new Obligation prior to
payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Obligations, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
(j) Valid Obligations. All Obligations issued upon any transfer or exchange of
Obligations shall be the valid obligations of the Issuer, evidencing the same debt, and
entitled to the same benefits under this Resolution as the Obligations surrendered upon
such transfer or exchange.
2.07. Execution, Authentication and Delivery. The Obligations shall be prepared
under the direction of the City Manager and shall be executed on behalf of the Issuer by the
signatures of the Mayor and the City Manager, provided that the signatures may be printed,
engraved or lithographed facsimiles of the originals. In case any officer whose signature or a
facsimile of whose signature shall appear on the Obligations shall cease to be such officer before
the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in office until delivery.
Notwithstanding such execution, no Obligation shall be valid or obligatory for any purpose or
entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on the Obligation has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on different Obligations
need not be signed by the same representative. The executed certificate of authentication on
each Obligation shall be conclusive evidence that it has been authenticated and delivered under
this Resolution. When the Obligations have been prepared, executed and authenticated, the City
Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms
shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to an Obligation,the
person in whose name such Obligation is recorded as the beneficial owner of such Obligation by
a Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Obligations.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for
which DTC holds Obligations as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which
the sender agrees to comply with DTC's Operational Arrangements.
(b) The Obligations shall be initially issued as separately authenticated fully
registered obligations, and one Obligation shall be issued in the principal amount of each stated
maturity of the Obligations. Upon initial issuance, the ownership of such Obligations shall be
registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar
and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Obligations
registered in its name for the purposes of payment of the principal of or interest on the
Obligations, selecting the Obligations or portions thereof to be redeemed, if any, giving any
notice permitted or required to be given to registered owners of Obligations under this resolution,
registering the transfer of Obligations, and for all other purposes whatsoever, and neither the
Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Registrar nor
the Issuer shall have any responsibility or obligation to any Participant, any person claiming a
beneficial ownership interest in the Obligations under or through DTC or any Participant, or any
other person which is not shown on the bond register as being a registered owner of any
Obligations, with respect to the accuracy of any records maintained by DTC or any Participant,
with respect to the payment by DTC or any Participant of any amount with respect to the
principal of or interest on the Obligations, with respect to any notice which is permitted or
required to be given to owners of Obligations under this resolution, with respect to the selection
by DTC or any Participant of any person to receive payment in the event of a partial redemption
of the Obligations, or with respect to any consent given or other action taken by DTC as
registered owner of the Obligations. So long as any Obligation is registered in the name of Cede
& Co., as nominee of DTC,the Registrar shall pay all principal of and interest on such
Obligation, and shall give all notices with respect to such Obligation, only to Cede & Co. in
accordance with DTC's Operational Arrangements, and all such payments shall be valid and
effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of
and interest on the Obligations to the extent of the sum or sums so paid. No person other than
DTC shall receive an authenticated Obligation for each separate stated maturity evidencing the
obligation of the Issuer to make payments of principal and interest. Upon delivery by DTC to
the Registrar of written notice to the effect that DTC has determined to substitute a new nominee
in place of Cede & Co., the Obligations will be transferable to such new nominee in accordance
with paragraph (e)hereof.
(c) In the event the Issuer determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Obligations in the form of bond certificates, the
Issuer may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the
availability through DTC of Obligations in the form of certificates. In such event, the
Obligations will be transferable in accordance with paragraph(e) hereof DTC may determine to
discontinue providing its services with respect to the Obligations at any time by giving notice to
the Issuer and the Registrar and discharging its responsibilities with respect thereto under
applicable law. In such event the Obligations will be transferable in accordance with paragraph
(e) hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not
previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed.
(e) In the event that any transfer or exchange of Obligations is permitted under
paragraph(b) or(c) hereof, such transfer or exchange shall be accomplished upon receipt by the
Registrar of the Obligations to be transferred or exchanged and appropriate instruments of
transfer to the permitted transferee in accordance with the provisions of this resolution. In the
event Obligations in the form of certificates are issued to owners other than Cede & Co., its
successor as nominee for DTC as owner of all the Obligations, or another securities depository as
owner of all the Obligations, the provisions of this resolution shall also apply to all matters
relating thereto, including, without limitation,the printing of such Obligations in the form of
bond certificates and the method of payment of principal of and interest on such Obligations in
the form of bond certificates.
2.09. Form of Obligations. The Obligations shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF GOLDEN VALLEY
GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS,
SERIES 2011B
Interest Rate Maturity Date Date of Original Issue CUSIP No.
February 1, 20_ May 15, 2011
REGISTERED OWNER: CEDE& CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF GOLDEN VALLEY, MINNESOTA (the Issuer), acknowledges itself to
be indebted and for value received hereby promises to pay the principal sum specified above on
the maturity date specified above, without option of prior payment, with interest thereon from the
date hereof at the annual rate specified above, payable on February 1 and August 1 in each year,
commencing February 1, 2012, to the person in whose name this Obligation is registered at the
close of business on the fifteenth day (whether or not a business day) of the immediately
preceding month. Interest hereon shall be computed on the basis of a 360-day year composed of
twelve 30-day months. The interest hereon and, upon presentation and surrender hereof, the
principal hereof are payable in lawful money of the United States of America by check or draft
or other agreed means of payment by U.S. Bank National Association, St. Paul, Minnesota as
Registrar and Paying Agent(the Registrar), or its designated successor under the Resolution
described herein. For the prompt and full payment of such principal and interest as the same
respectively become due, the full faith, credit and taxing powers of the Issuer have been and are
hereby irrevocably pledged.
This Obligation is one of an issue in the aggregate principal amount of$655,000 issued
pursuant to a resolution adopted by the City Council on May 3, 2011 (the Resolution), to finance
the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Section 412.301 and Chapter 475. The Obligations are issuable only in fully
registered form, in denominations of$5,000 or any integral multiple thereof, of single maturities.
The Obligations are not subject to optional redemption prior to maturity.
As provided in the Resolution and subject to certain limitations set forth therein, this
Obligation is transferable upon the books of the Issuer at the principal office of the Registrar, by
the registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Obligations of other authorized denominations. Upon such transfer or exchange
the Issuer will cause a new Obligation or Obligations to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or governmental charge
required to be paid with respect to such transfer or exchange.
Notwithstanding any other provisions of this Obligation, so long as this Obligation is
registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the
name of any other nominee of The Depository Trust Company or other securities depository, the
Registrar shall pay all principal of and interest on this Bond, and shall give all notices with
respect to this Obligation, only to Cede & Co. or other nominee in accordance with the
operational arrangements of The Depository Trust Company or other securities depository as
agreed to by the Issuer.
The Obligations have been designated as "qualified tax-exempt obligations"pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The Issuer and the Registrar may deem and treat the person in whose name this
Obligation is registered as the absolute owner hereof, whether this Obligation is overdue or not,
for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the
Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed prior to and in the issuance of this Obligation in order to
make it a valid and binding general obligation of the Issuer in accordance with its terms, have
been done, do exist, have happened and have been performed as so required; that, prior to the
issuance hereof, the City Council has levied ad valorem taxes on all taxable property in the
Issuer, which taxes will be collectible for the years and in amounts sufficient to produce sums
not less than five percent in excess of the principal of and interest on the Obligations when due,
and has appropriated such taxes to its General Obligation Equipment Certificates of
Indebtedness, Series 2011B Sinking Fund for the payment of such principal and interest; that if
necessary for payment of such principal and interest, additional ad valorem taxes are required to
be levied upon all taxable property in the Issuer, without limitation as to rate or amount and that
the issuance of this Obligation, together with all other indebtedness of the Issuer outstanding on
the date hereof and on the date of its actual issuance and delivery, does not cause the
indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness.
This Obligation shall not be valid or become obligatory for any purpose or be entitled to
any security or benefit under the Resolution until the Certificate of Authentication hereon shall
have been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Golden Valley, Minnesota, by its City Council,
has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor
and City Manager and has caused this Obligation to be dated as of the date set forth below.
CITY OF GOLDEN VALLEY, MINNESOTA
(facsimile signature - City Manager) (facsimile signature - Mayor)
CERTIFICATE OF AUTHENTICATION
This is one of the Obligations delivered pursuant to the Resolution mentioned within.
Dated: U.S. BANK NATIONAL ASSOCIATION, as Registrar
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Obligation,
shall be construed as though they were written out in full according to the applicable laws or
regulations:
TEN COM - as tenants in common UTMA as Custodian for
(Cust) (Minor)
TEN ENT- as tenants by the entireties under Uniform Transfers to Minors Act
(State)
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Obligation and all
rights thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said
Obligation on the books kept for registration of the within Obligation, with full power of
substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment
must correspond with the name as it appears upon the face
of the within Obligation in every particular, without
alteration or enlargement or any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an"eligible
guarantor institution" meeting the requirements
of the Registrar, which requirements include
membership or participation in STAMP or such
other"signature guaranty program" as may be
determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with
the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of Bond form]
Section 3. General Obligation Equipment Certificates of Indebtedness, Series
2011B Sinking Fund. So long as any of the Obligations are outstanding and any principal of or
interest thereon unpaid, the City Manager shall maintain a separate debt service fund on the
official books and records of the Issuer to be known as the General Obligation Equipment
Certificates of Indebtedness, Series 2011B Sinking Fund (the Sinking Fund), and the principal of
and interest on the Obligations shall be payable from the Sinking Fund. The Issuer irrevocably
appropriates to the Sinking Fund (a) any amount in excess of$ received from the
Purchaser; (b) all taxes levied and collected in accordance with this Resolution; and (c) all other
moneys as shall be appropriated by the City Council to the Sinking Fund from time to time. If
the balance in the Sinking Fund is at any time insufficient to pay all interest and principal then
due on all Obligations payable therefrom, the payment shall be made from any fund of the Issuer
which is available for that purpose, subject to reimbursement from the Sinking Fund when the
balance therein is sufficient, and the City Council covenants and agrees that it will each year levy
a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated
deficiency, which levy is not subject to any constitutional or statutory limitation.
Section 4. Pledge of Taxing Powers. For the prompt and full payment of the
principal of and interest on the Obligations as such payments respectively become due, the full
faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably
pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed
to meet when due the principal and interest payments on the Obligations, ad valorem taxes are
hereby levied on all taxable property in the Issuer. The taxes are to be levied and collected in the
following years and amounts:
Levy Years Collection Years Amount
2011-2013 2012-2014 See attached Levy Computation
The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid,
provided that the Issuer reserves the right and power to reduce the tax levies in accordance with
the provisions of Minnesota Statutes, Section 475.61.
Section 5. Defeasance. When all of the Obligations have been discharged as
provided in this section, all pledges, covenants and other rights granted by this Resolution to the
holders of the Obligations shall cease. The Issuer may discharge its obligations with respect to
any Obligations which are due on any date by depositing with the Registrar on or before that date
a sum sufficient for the payment thereof in full, or if any Obligation should not be paid when
due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the
payment thereof in full with interest accrued from the due date to the date of such deposit. The
Issuer may also at any time discharge its obligations with respect to any Obligations, subject to
the provisions of law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this
purpose, cash or securities which are authorized by law to be so deposited, bearing interest
payable at such time and at such rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal and interest to become due thereon to maturity.
Section 6. Certification of Proceedings.
6.01. Registration of Obligations and Levy of Taxes. The City Manager is
hereby authorized and directed to file a certified copy of this resolution with the County Auditor
of Hennepin County and obtain a certificate that the Obligations have been duly entered upon the
Auditor's bond register and the tax required by law has been levied.
6.02. Authentication of Transcript. The officers of the Issuer and the County
Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey
& Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the
Obligations and such other affidavits, certificates and information as may be required to show
the facts relating to the legality and marketability of the Obligations, as the same appear from the
books and records in their custody and control or as otherwise known to them, and all such
certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed
representations of the Issuer as to the correctness of all statements contained therein.
6.03. Official Statement. The Official Statement relating to the Obligations,
dated April 21, 2011, prepared and delivered on behalf of the Issuer by Springsted Incorporated,
is hereby approved. Springsted Incorporated is hereby authorized on behalf of the Issuer to
prepare and distribute to the Purchaser within seven business days from the date hereof, a
supplement to the Official Statement listing the offering price, the interest rates, selling
compensation, delivery date, the underwriters and such other information relating to the
Obligations required to be included in the Official Statement by Rule 15c2-12 adopted by the
Securities and Exchange Commission(the SEC) under the Securities Exchange Act of 1934.
The officers of the Issuer are hereby authorized and directed to execute such certificates as may
be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement.
Section 7. Tax Covenants; Arbitrage Matters; Reimbursement and Continuing
Disclosure.
7.01. General Tax Covenant. The Issuer covenants and agrees with the registered
owners from time to time of the Obligations that it will not take, or permit to be taken by any of
its officers, employees or agents, any actions that would cause interest on the Obligations to
become includable in gross income of the recipient under the Internal Revenue Code of 1986, as
amended (the Code) and applicable Treasury Regulations (the Regulations), and covenants to
take any and all actions within its powers to ensure that the interest on the Obligations will not
become includable in gross income of the recipient under the Code and the Regulations. In
particular, the Issuer covenants and agrees that all proceeds of the Obligations will be expended
solely for the payment of the costs of acquisition and installation of capital equipment to be
owned and maintained by the Issuer and used in the Issuer's general governmental operations.
The Issuer shall not enter into any lease, use or other agreement with any non-governmental
person relating to the use of the equipment or security for the payment of the Obligations which
might cause the Obligations to be considered "private activity bonds" or"private loan bonds"
pursuant to Section 141 of the Code.
7.02. Certification. The Mayor and City Manager being the officers of the Issuer
charged with the responsibility for issuing the Obligations pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code and Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Obligations which make it
reasonable to expect that the proceeds of the Obligations will not be used in a manner that would
cause the Obligations to be "arbitrage bonds" within the meaning of the Code and Regulations.
7.03. Arbitrage Rebate. The Issuer acknowledges that the Obligations are subject
to the rebate requirements of Section 148(f) of the Code. The Issuer covenants and agrees to
retain such records, make such determinations, file such reports and documents and pay such
amounts at such times as are required under said Section 148(f) and applicable Regulations to
preserve the exclusion of interest on the Obligations from gross income for federal income tax
purposes, unless the Obligations qualify for an exception from the rebate requirement pursuant to
one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross
proceeds"of the Obligations (other than amounts constituting a"bona fide debt service fund")
arise during or after the expenditure of the original proceeds thereof.
7.04. Reimbursement. The Issuer certifies that the proceeds of the Obligations
will not be used by the Issuer to reimburse itself for any expenditure with respect to the
equipment which the Issuer paid or will have paid more than 60 days prior to the issuance of the
Obligations unless, with respect to such prior expenditures, the Issuer shall have made a
declaration of official intent which complies with the provisions of Section 1.150-2 of the
Regulations,provided that this certification shall not apply (i) with respect to certain de minimis
expenditures, if any, with respect to the equipment meeting the requirements of Section 1.150-
2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the equipment as
defined in Section 1.150-2(0(2) of the Regulations which in the aggregate do not exceed 20% of
the "issue price" of the Obligations.
7.05. Qualified Tax-Exempt Obligations. The Obligations are hereby designated
as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to
the disallowance of interest expense for financial institutions, and the Issuer hereby finds that the
reasonably anticipated amount of tax-exempt governmental obligations (within the meaning of
Section 265(b)(3) of the Code) which will be issued by the Issuer and all subordinate entities
during calendar year 2011 does not exceed $10,000,000.
7.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Obligations and the security therefor and to
permit the Purchaser and other participating underwriters in the primary offering of the
Obligations to comply with amendments to Rule 15c2-12 promulgated by the SEC under the
Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as
in effect and interpreted from time to time,the Rule), which will enhance the marketability of the
Obligations, the Issuer hereby makes the following covenants and agreements for the benefit of
the Owners (as hereinafter defined) from time to time of the Outstanding Obligations. The Issuer
is the only obligated person in respect of the Obligations within the meaning of the Rule for
purposes of identifying the entities in respect of which continuing disclosure must be made. The
Issuer has complied in all material respects with any undertaking previously entered into by it
under the Rule. If the Issuer fails to comply with any provisions of this section, any person
aggrieved thereby, including the Owners of any Outstanding Obligations, may take whatever
action at law or in equity may appear necessary or appropriate to enforce performance and
observance of any agreement or covenant contained in this section, including an action for a writ
of mandamus or specific performance. Direct, indirect, consequential and punitive damages
shall not be recoverable for any default hereunder to the extent permitted by law.
Notwithstanding anything to the contrary contained herein, in no event shall a default under this
section constitute a default under the Obligations or under any other provision of this resolution.
As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner
or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial
Owner(as hereinafter defined)thereof, if such Beneficial Owner provides to the Registrar
evidence of such beneficial ownership in form and substance reasonably satisfactory to the
Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity
which (a)has the power, directly or indirectly, to vote or consent with respect to, or to dispose of
ownership of, such Bond (including persons or entities holding Obligations through nominees,
depositories or other intermediaries), or(b) is treated as the owner of the Bond for federal
income tax purposes.
(b) Information To Be Disclosed. The Issuer will provide, in the manner set forth in subsection
(c)hereof, either directly or indirectly through an agent designated by the Issuer, the following
information at the following times:
(1) on or before 365 days after the end of each fiscal year of the Issuer, commencing
with the fiscal year ending December 31, 2010, the following financial information
and operating data in respect of the Issuer (the Disclosure Information):
(A) the audited financial statements of the Issuer for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the Issuer,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
Issuer, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
Issuer; and
(B) to the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings: City
Property Values; City Indebtedness; and City Tax Rates, Levies and
Collections, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not
available by the date specified, the Issuer shall provide on or before such date unaudited financial
statements in the format required for the audited financial statements as part of the Disclosure
Information and, within 10 days after the receipt thereof, the Issuer shall provide the audited
financial statements. Any or all of the Disclosure Information may be incorporated by reference,
if it is updated as required hereby, from other documents, including official statements, which
have been filed with the SEC or have been made available to the public on the Internet Web site
of the Municipal Securities Rulemaking Board ("MSRB"). The Issuer shall clearly identify in
the Disclosure Information each document so incorporated by reference. If any part of the
Disclosure Information can no longer be generated because the operations of the Issuer have
materially changed or been discontinued, such Disclosure Information need no longer be
provided if the Issuer includes in the Disclosure Information a statement to such effect, provided,
however, if such operations have been replaced by other Issuer operations in respect of which
data is not included in the Disclosure Information and the Issuer determines that certain specified
data regarding such replacement operations would be a Material Fact (as defined in paragraph(2)
hereof), then, from and after such determination, the Disclosure Information shall include such
additional specified data regarding the replacement operations. If the Disclosure Information is
changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then
the Issuer shall include in the next Disclosure Information to be delivered hereunder,to the
extent necessary, an explanation of the reasons for the amendment and the effect of any change
in the type of financial information or operating data provided.
(2) In a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events (each, a Material
Fact):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax
status of the Obligations, or other material events affecting the tax status of the
Obligations;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or a similar event with respect to the
Issuer;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material; and
(N) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
As used herein, for those events that must be reported if material, an event is "material" if
it is an event as to which a substantial likelihood exists that a reasonably prudent investor would
attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, a material fact is also an event that would be deemed
material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable
federal securities laws, as interpreted at the time of discovery of the occurrence of the event.
For the purposes of the event identified in (L)hereinabove,the event is considered to
occur when any of the following occur: the appointment of a receiver, fiscal agent or similar
officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other
proceeding under state or federal law in which a court or governmental authority has assumed
jurisdiction over substantially all of the assets or business of the obligated person, or if such
jurisdiction has been assumed by leaving the existing governmental body and officials or officers
in possession but subject to the supervision and orders of a court or governmental authority, or
the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court
or governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the Issuer to provide the Disclosure Information required under
paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the Issuer under subsection (d)(2);
(C) the termination of the obligations of the Issuer under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the Issuer.
(c) Manner of Disclosure.
(1) The Issuer agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection
(b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the Issuer in this section shall remain in effect so long as any
Obligations are Outstanding. Notwithstanding the preceding sentence, however, the
obligations of the Issuer under this section shall terminate and be without further
effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond
Counsel to the effect that, because of legislative action or final judicial or
administrative actions or proceedings, the failure of the Issuer to comply with the
requirements of this section will not cause participating underwriters in the primary
offering of the Obligations to be in violation of the Rule or other applicable
requirements of the Securities Exchange Act of 1934, as amended, or any statutes or
laws successory thereto or amendatory thereof.
(2) This section(and the form and requirements of the Disclosure Information) may be
amended or supplemented by the Issuer from time to time, without notice to (except
as provided in paragraph (c)(3) hereof) or the consent of the Owners of any
Obligations, by a resolution of this Council filed in the office of the recording officer
of the Issuer accompanied by an opinion of Bond Counsel, who may rely on
certificates of the Issuer and others and the opinion may be subject to customary
qualifications,to the effect that: (i) such amendment or supplement(a) is made in
connection with a change in circumstances that arises from a change in law or
regulation or a change in the identity, nature or status of the Issuer or the type of
operations conducted by the Issuer, or (b) is required by, or better complies with, the
provisions of paragraph (b)(5) of the Rule; (ii)this section as so amended or
supplemented would have complied with the requirements of paragraph (b)(5) of the
Rule at the time of the primary offering of the Obligations, giving effect to any
change in circumstances applicable under clause (i)(a) and assuming that the Rule as
in effect and interpreted at the time of the amendment or supplement was in effect at
the time of the primary offering; and (iii) such amendment or supplement does not
materially impair the interests of the Obligation Owners under the Rule.
If the Disclosure Information is so amended, the Issuer agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
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.
PROJECTED LEVIES
Date Levy
2012
2013
2014
Total
( 66
Resolution 11- 22 May 3, 2011
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE, AWARDING
SALE, PRESCRIBING THE FORM AND DETAILS AND
PROVIDING FOR THE PAYMENT OF $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
Issuer), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. Pursuant to a resolution adopted by this Council on April 20, 2011,
the Issuer has determined it to be in its best interests to issue its General Obligation Improvement
Refunding Bonds, Series 2011C, in a principal amount not to exceed $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 Issuer's General Obligation Improvement Bonds, Series 2003C, dated, as
originally issued, as of June 1, 2003, which maturities are presently outstanding in the principal
amount of$4,970,000 (the Refunded Bonds). February 1, 2012 (the Crossover Date) is the
earliest date upon which the Refunded Bonds may be redeemed without payment of premium.
The Refunding is being carried out for the purpose described in Minnesota Statutes, Section
475.67, subdivision 3, section (b)(2)(i) and in compliance with Minnesota Statutes, Chapter 475.
1.02. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on
behalf of the Issuer by Springsted Incorporated, sealed proposals for the purchase of the Bonds
were received at or before the time specified for receipt of proposals. The proposals have been
opened, publicly read and considered and the purchase price, interest rates and net interest cost
under the terms of each proposal have been determined. The most favorable proposal received is
that of
in , and associates (the Purchaser),to purchase the
Bonds at a price of$ plus accrued interest on all Bonds to the day of
delivery and payment, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed to execute a contract on behalf of the Issuer
for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of
the Purchaser shall be retained and deposited by the Issuer until the Bonds have been delivered
and shall be deducted from the purchase price paid at settlement.
1.04. Savings. It is hereby determined that:
(a) by the issuance of the Bonds, the Issuer will realize a substantial interest rate
reduction, a gross savings of approximately $ and a present value savings
(using the yield on the Bonds, computed in accordance with Section 148 of the Internal
Revenue Code of 1986, as amended (the Code), as the discount factor) of approximately
$ ; and
(b) as of the Crossover Date, the sum of(i)the present value of the debt service
on the Bonds, computed to their stated maturity dates, after deducting any premium,
using the yield of the Bonds as the discount rate, plus (ii) any expenses of the refunding
payable from a source other than the proceeds of the Bonds or investment earnings
thereon, is lower by %than the present value of the debt service on the Refunded
Bonds, exclusive of any premium, computed to their stated maturity dates, using the yield
of the Bonds as the discount rate.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of May 15, 2011, shall be in the denomination of$5,000 each, or any integral
multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated
below, and shall bear interest from date of issue until paid or duly called for redemption at the
annual rates set forth opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2013 $885,000 % 2017 $640,000
2014 875,000 2018 665,000
2015 740,000 2019 680,000
2016 625,000
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein, provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on February 1 and August 1, commencing February 1, 2012, each
such date being referred to herein as an Interest Payment Date, to the persons in whose names the
Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of
business on the fifteenth day of the calendar month next preceding such Interest Payment Date,
whether or not such day is a business day. Interest shall be computed on the basis of a 360-day
year composed of twelve 30-day months.
2.04. Redemption. The Bonds shall not be subject to optional redemption prior to their
maturity.
2.05. Appointment of Initial Registrar. The Issuer hereby appoints U.S. Bank National
Association, St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent
(the Registrar). The Mayor and City Manager are authorized to execute and deliver, on behalf of
the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company organized under the
laws of the United States or one of the states of the United States and authorized by law to
conduct such business, such corporation shall be authorized to act as successor Registrar. The
Issuer agrees to pay the reasonable and customary charges of the Registrar for the services
performed. The Issuer reserves the right to remove the Registrar, effective upon not less than
thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in
which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the
successor Registrar and shall deliver the Bond Register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the Issuer and
the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register(the Bond Register) in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person (whether a natural person, corporation, association, partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the Holder thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly
authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of
the month preceding each interest payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving
payment of or on account of, the principal of and interest on the Bond and for all other
purposes, and all payments made to any registered owner or upon the owner's order shall
be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of
the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith, and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the Issuer, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of the Issuer by the signatures of
the Mayor and the City Manager,provided that the signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentication on the Bond has been
duly executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be signed by the same representative.
The executed certificate of authentication on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this Resolution. When the Bonds have been prepared,
executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment
of the purchase price in accordance with the contract of sale heretofore executed, and the
Purchaser shall not be obligated to see to the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on
the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for
which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which
the sender agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered
bonds, and one Bond shall be issued in the principal amount of each stated maturity of the
Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond
register in the name of Cede & Co., as nominee of DTC. The Registrar and the Issuer may treat
DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the
purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions
thereof to be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other
purposes whatsoever, and neither the Registrar nor the Issuer shall be affected by any notice to
the contrary. Neither the Registrar nor the Issuer shall have any responsibility or obligation to
any Participant, any person claiming a beneficial ownership interest in the Bonds under or
through DTC or any Participant, or any other person which is not shown on the bond register as
being a registered owner of any Bonds, with respect to the accuracy of any records maintained
by DTC or any Participant, with respect to the payment by DTC or any Participant of any
amount with respect to the principal of or interest on the Bonds, with respect to any notice which
is permitted or required to be given to owners of Bonds under this Resolution, with respect to the
selection by DTC or any Participant of any person to receive payment in the event of a partial
redemption of the Bonds, or with respect to any consent given or other action taken by DTC as
registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as
nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall
give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's
Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of and interest on the Bonds to the
extent of the sum or sums so paid. No person other than DTC shall receive an authenticated
Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments
of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co.,the Bonds will be
transferable to such new nominee in accordance with paragraph (e) hereof
(c) In the event the Issuer determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the Issuer
may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the
availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be
transferable in accordance with paragraph(e) hereof. DTC may determine to discontinue
providing its services with respect to the Bonds at any time by giving notice to the Issuer and the
Registrar and discharging its responsibilities with respect thereto under applicable law. In such
event the Bonds will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not
previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c)hereof, such transfer or exchange shall be accomplished upon receipt by the
Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to
the permitted transferee in accordance with the provisions of this Resolution. In the event Bonds
in the form of certificates are issued to owners other than Cede & Co., its successor as nominee
for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds,
the provisions of this Resolution shall also apply to all matters relating thereto, including,
without limitation,the printing of such Bonds in the form of bond certificates and the method of
payment of principal of and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF GOLDEN VALLEY
GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2011C
Interest Rate Maturity Date Date of Original Issue CUSIP NO. %
February 1, 20_ May 15, 2011
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF GOLDEN VALLEY, MINNESOTA (the Issuer), acknowledges itself to
be indebted and for value received hereby promises to pay to the registered owner named above,
or registered assigns, the principal amount specified above on the maturity date specified above
and promises to pay interest thereon from the date of original issue specified above or from the
most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or
duly provided for, at the annual interest rate specified above,payable on February 1 and
August 1 of each year, commencing February 1, 2012 (each such date, an Interest Payment
Date). The interest so payable on any Interest Payment Date shall be paid to the person in whose
name this Bond is registered at the close of business on the fifteenth day(whether or not a
business day) of the calendar month next preceding such Interest Payment Date. Interest hereon
shall be computed on the basis of a 360-day year composed of twelve 30-day months. The
interest hereon and, upon presentation and surrender hereof at the principal office of the
Registrar described below, the principal hereof are payable in lawful money of the United States
of America by check or draft drawn on U.S. Bank National Association, St. Paul, Minnesota, as
bond registrar, transfer agent and paying agent (the Registrar), or its designated successor under
the Resolution described herein. For the prompt and full payment of such principal and interest
as the same respectively become due,the full faith and credit and taxing powers of the Issuer
have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of$5,110,000 (the Bonds)
issued pursuant to a resolution adopted by the City Council on May 3, 2011 (the Resolution) to
provide funds, together with other available funds of the Issuer, to refund outstanding general
obligation improvement bonds previously issued by the Issuer. The Bonds are issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully
registered form, in denominations of$5,000 or any integral multiple thereof, of single maturities.
The Bonds are not subject to optional redemption prior to maturity.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the Issuer at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney, and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the
Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange.
The Bonds have been designated as "qualified tax-exempt obligations" pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the Issuer.
The Issuer and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist,to happen and to be performed prior to and in the issuance of this Bond in order to make
it a valid and binding general obligation of the Issuer in accordance with its terms, have been
done, do exist, have happened and have been performed as so required; that the Issuer has
established its General Obligation Improvement Refunding Bonds, Series 2011C Bond Fund and
has appropriated thereto certain investment earnings on the proceeds of the Bonds, special
assessments levied upon property specially benefitted by the local improvements refinanced by
the Bonds and ad valorem taxes levied upon all taxable property in the Issuer, which which will
be collectible in the years and in amounts not less than five percent in excess of the amounts
required to pay the principal of and interest on the Bonds when due; that if necessary for
payment of such principal and interest, additional ad valorem taxes are required to be levied
upon all taxable property in the Issuer, without limitation as to rate or amount; and that the
issuance of this Bond, together with all other indebtedness of the Issuer outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
Issuer to exceed any constitutional or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Golden Valley, Minnesota, by its City Council,
has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and
City Manager and has caused this Bond to be dated as of the date set forth below.
CITY OF GOLDEN VALLEY, MINNESOTA
(facsimile signature City Manager) (facsimile signature Mayor)
CERTIFICATE OF AUTHENTICATION
Dated:
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK NATIONAL ASSOCIATION, as Bond
Registrar
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as
though they were written out in full according to the applicable laws or regulations:
TEN COM - as tenants in common UTMA as Custodian for
(Cust) (Minor)
TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act
(State)
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably
constitute and appoint attorney to transfer the said Bond on the books
kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment
must correspond with the name as it appears upon the
face of the within Bond in every particular, without
alteration or enlargement or any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an"eligible guarantor institution" meeting the requirements
of the Registrar, which requirements include membership or participation in STAMP or such
other"signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[End of the Bond form]
SECTION 3. USE OF PROCEEDS AND SECURITY.
3.01. Bond Proceeds. Upon payment for the Bonds by the Purchaser, the City Manager
shall deposit and apply the proceeds of the Bonds as follows: (a) $ shall be
deposited in escrow with U.S. Bank National Association, in St. Paul, Minnesota(the Escrow
Agent), the funds so deposited, together with funds of the Issuer in such amount as may be
required, to be invested in securities authorized for such purpose by Minnesota Statutes,
Section 475.67, subdivision 13, maturing on such dates and bearing interest at such rates as are
required to provide funds sufficient, with cash retained in the escrow account, to pay all interest
to become due on the Bonds to and including the Crossover Date and to pay and redeem the
outstanding principal of the Refunded Bonds on the Crossover Date (and the amounts in such
account are irrevocably appropriated to such purposes); and (b) $ shall be used to pay
issuance expenses of the Bonds. The Mayor and City Manager are hereby authorized to enter
into an Escrow Agreement with the Escrow Agent establishing the terms and conditions for the
escrow account in accordance with Minnesota Statutes, Section 475.67.
3.02. General Obligation Improvement Refunding Bonds, Series 2011C Bond Fund. So
long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City
Manager shall maintain a separate debt service fund on the official books and records of the
Issuer to be known as the General Obligation Improvement Refunding Bonds, Series 2011C
Bond Fund (the Bond Fund), and the principal of and interest on the Bonds shall be payable from
the Bond Fund. The Issuer irrevocably appropriates to the Bond Fund (a) all receipts of principal
and interest on the investments held in the escrow account established pursuant to Section 3.01 to
and including the Crossover Date (other than the sum of$4,970,000 received from maturing
investments on the Crossover Date to be used to retire the Refunded Bonds); (b) commencing on
the Crossover Date, special assessments pledged pursuant to the resolution authorizing issuance
of the Refunded Bonds; (c) ad valorem taxes collected in accordance with the provisions of
Section 3.03 hereof; and (d) such other funds as may be appropriated from time to time by the
Issuer to the Bond Fund to pay principal of and interest on the Bonds. The moneys on hand in
the Bond Fund from time to time shall be used solely to pay the principal of and interest on the
Bonds.
3.03. Pledge of Taxing Powers. For the prompt and full payment of the principal
of and interest on the Bonds as such payments respectively become due, the full faith, credit and
unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to
produce aggregate amounts which, together with collections of special assessments pledged as
described in Section 3.02 above, will produce not less than 5% in excess of the amount needed to
meet when due the principal and interest payments on the Obligations, ad valorem taxes are
hereby levied on all taxable property in the Issuer. The taxes are to be levied and collected in the
following years and amounts:
Levy Years Collection Years Amount
[2011 —2017] [2012—2018] See attached Levy Computation
The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided
that the Issuer reserves the right and power to reduce the tax levies in accordance with the
provisions of Minnesota Statutes, Section 475.61.
SECTION 4. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full, or if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The Issuer may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the
Registrar or with a bank or trust company qualified by law to act as an escrow agent for this
purpose, cash or securities which are authorized by law to be so deposited for such purpose,
bearing interest payable at such times and at such rates and maturing or callable at the holder's
option on such dates as shall be required to pay all principal and interest to become due thereon
to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an
earlier designated redemption date, provided, however, that if such deposit is made more than
ninety days before the maturity date or specified redemption date of the Bonds to be discharged,
the Issuer shall have received a written opinion of Bond Counsel to the effect that such deposit
does not adversely affect the exemption of interest on any Bonds from federal income taxation
and a written report of an accountant or investment banking firm verifying that the deposit is
sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and
before their maturity dates or earlier designated redemption date.
SECTION 5. CERTIFICATION OF PROCEEDINGS.
5.01. Registration of Bonds. The City Manager is hereby authorized and directed to file
a certified copy of this Resolution with the County Auditor of Hennepin County and obtain a
certificate that the Bonds have been duly entered upon the County Auditor's bond register and
the tax required by law has been levied.
5.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney
LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and
such other affidavits, certificates and information as may be required to show the facts relating to
the legality and marketability of the Bonds, as the same appear from the books and records in
their custody and control or as otherwise known to them, and all such certified copies, affidavits
and certificates, including any heretofore furnished, shall be deemed representations of the Issuer
as to the correctness of all statements contained therein.
5.03. Official Statement. The Official Statement relating to the Bonds, dated April 21,
2011, prepared and delivered on behalf of the Issuer by Springsted Incorporated, is hereby
approved, and the officers of the Issuer are hereby authorized and directed to execute such
certificates as may be appropriate concerning the accuracy, completeness and sufficiency
thereof. Springsted Incorporated is hereby authorized on behalf of the Issuer to prepare and
distribute to the Purchaser within seven business days from the date hereof a supplement to the
Official Statement listing the offering price, the interest rates, selling compensation, delivery
date, the underwriters and such other information relating to the Bonds as is required to be
included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange
Commission(the SEC)under the Securities Exchange Act of 1934. The officers of the Issuer are
hereby authorized and directed to execute such certificates as may be appropriate concerning the
accuracy, completeness and sufficiency of the Official Statement.
SECTION 6. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
6.01. General Tax Covenant. The Issuer covenants and agrees with the registered
owners from time to time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents, any action which would cause the interest on the Bonds to become
includable in gross income of the recipient under the Code and applicable Treasury Regulations
(the Regulations), and covenants to take any and all affirmative actions within its powers to
ensure that the interest on the Bonds will not become includable in the gross income of the
recipient under the Code and the Regulations. The Issuer has not and will not enter into any
lease, management contract, operating agreement, use agreement or other contract relating to the
use or operation of the facilities refinanced by the Bonds, or any portion thereof, or security for
the payment of the Bonds which would cause the Bonds to be considered "private activity
bonds" or"private loan bonds"pursuant to Section 141 of the Code.
6.02. Arbitrage Certification. The Mayor and City Manager, being the officers of the
Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code and Section 1.148-2(b) of the Regulations stating the
facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds
which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner
that would cause the Bonds to be arbitrage bonds within the meaning of the Code and
Regulations.
6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds are subject to the rebate
requirements of Section 148(f) of the Code. The Issuer covenants and agrees to retain such
records, make such determinations, file such reports and documents and pay such amounts at
such times as are required under said Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds
(other than amounts constituting a"bona fide debt service fund") arise during or after the
expenditure of the original proceeds thereof.
6.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds
as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to
the disallowance of interest expense for financial institutions, and hereby finds that the
reasonably anticipated amount of tax-exempt obligations which are not private activity bonds
(not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds
for the purpose of this representation) and are not excluded from this calculation by Section
265(b)(3)(C)(ii) of the Code which will be issued by the Issuer and all subordinate entities during
calendar year 2011 does not exceed $10,000,000.
6.05. Redemption of Refunded Bonds. The City Manager is hereby directed to advise
U.S. Bank National Association, as paying agent for the Refunded Bonds, to call the Refunded
Bonds for redemption and prepayment on the Crossover Date and to give notice of redemption in
accordance with the resolution authorizing the issuance of the Refunded Bonds.
6.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect
and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds,
the Issuer hereby makes the following covenants and agreements for the benefit of the Owners
(as hereinafter defined) from time to time of the Outstanding Bonds. The Issuer is the only
obligated person in respect of the Bonds within the meaning of the Rule for purposes of
identifying the entities in respect of which continuing disclosure must be made. The Issuer has
complied in all material respects with any undertaking previously entered into by it under the
Rule. If the Issuer fails to comply with any provisions of this section, any person aggrieved
thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in
equity may appear necessary or appropriate to enforce performance and observance of any
agreement or covenant contained in this section, including an action for a writ of mandamus or
specific performance. Direct, indirect, consequential and punitive damages shall not be
recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything
to the contrary contained herein, in no event shall a default under this section constitute a default
under the Bonds or under any other provision of this Resolution. As used in this section, Owner
or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in
the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined)
thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial
ownership in form and substance reasonably satisfactory to the Registrar. As used herein,
Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power,
directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond
(including persons or entities holding Bonds through nominees, depositories or other
intermediaries), or(b) is treated as the owner of the Bond for federal income tax purposes.
(b) Information To Be Disclosed. The Issuer will provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the Issuer, the following
information at the following times:
(1) on or before 365 days after the end of each fiscal year of the Issuer, commencing with
the fiscal year ending December 31, 2010, the following financial information and
operating data in respect of the Issuer (the Disclosure Information):
(A) the audited financial statements of the Issuer for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the Issuer,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
Issuer, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
Issuer; and
(B) to the extent not included in the financial statements referred to in paragraph (A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings: City
Property Values; City Indebtedness; and City Tax Rates, Levies and
Collections, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the Issuer shall provide on or before such date unaudited financial statements
in the format required for the audited financial statements as part of the Disclosure Information
and, within 10 days after the receipt thereof, the Issuer shall provide the audited financial
statements. Any or all of the Disclosure Information may be incorporated by reference, if it is
updated as required hereby, from other documents, including official statements, which have
been filed with the SEC or have been made available to the public on the Internet Web site of the
Municipal Securities Rulemaking Board (MSRB). The Issuer shall clearly identify in the
Disclosure Information each document so incorporated by reference. If any part of the
Disclosure Information can no longer be generated because the operations of the Issuer have
materially changed or been discontinued, such Disclosure Information need no longer be
provided if the Issuer includes in the Disclosure Information a statement to such effect, provided,
however, if such operations have been replaced by other Issuer operations in respect of which
data is not included in the Disclosure Information and the Issuer determines that certain specified
data regarding such replacement operations would be a Material Fact (as defined in paragraph (2)
hereof), then, from and after such determination, the Disclosure Information shall include such
additional specified data regarding the replacement operations. If the Disclosure Information is
changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then
the Issuer shall include in the next Disclosure Information to be delivered hereunder, to the
extent necessary, an explanation of the reasons for the amendment and the effect of any change
in the type of financial information or operating data provided.
(2) In a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events (each, a Material
Fact):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability,Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax
status of the Bonds, or other material events affecting the tax status of the
Bonds;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities, if
material;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or a similar event with respect to the
Issuer;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its
terms, if material; and
(N) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
As used herein, for those events that must be reported if material, an event is "material" if it is an
event as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would
significantly alter the total information otherwise available to an investor from the Official
Statement, information disclosed hereunder or information generally available to the public.
Notwithstanding the foregoing sentence, a material fact is also an event that would be deemed
material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable
federal securities laws, as interpreted at the time of discovery of the occurrence of the event.
For the purposes of the event identified in (L)hereinabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governmental body and officials or officers in possession
but subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the assets or business of the
obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the Issuer to provide the Disclosure Information required under
paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the Issuer under subsection(d)(2);
(C) the termination of the obligations of the Issuer under this section pursuant to
subsection(d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the Issuer.
(c) Manner of Disclosure.
(1) The Issuer agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection
(b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the Issuer in this section shall remain in effect so long as any
Bonds are Outstanding. Notwithstanding the preceding sentence, however, the
obligations of the Issuer under this section shall terminate and be without further
effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond
Counsel to the effect that, because of legislative action or final judicial or
administrative actions or proceedings, the failure of the Issuer to comply with the
requirements of this section will not cause participating underwriters in the primary
offering of the Bonds to be in violation of the Rule or other applicable requirements
of the Securities Exchange Act of 1934, as amended, or any statutes or laws
successory thereto or amendatory thereof.
(2) This section(and the form and requirements of the Disclosure Information) may be
amended or supplemented by the Issuer from time to time, without notice to (except
as provided in paragraph (c)(3)hereof) or the consent of the Owners of any Bonds,
by a resolution of this Council filed in the office of the recording officer of the Issuer
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
Issuer and others and the opinion may be subject to customary qualifications, to the
effect that: (i) such amendment or supplement(a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the Issuer or the type of operations conducted by the
Issuer, or(b) is required by, or better complies with, the provisions of paragraph
(b)(5) of the Rule; (ii) this section as so amended or supplemented would have
complied with the requirements of paragraph (b)(5) of the Rule at the time of the
primary offering of the Bonds, giving effect to any change in circumstances
applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted
at the time of the amendment or supplement was in effect at the time of the primary
offering; and (iii) such amendment or supplement does not materially impair the
interests of the Bondowners under the Rule.
If the Disclosure Information is so amended, the Issuer agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
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.