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06-18-19 CC Agenda Packet (entire)REGULAR MEETING AGENDA 1.Call to Order A.Pledge of Allegiance Pages B.Roll Call C.Recognition of the 50th Anniversary of the Bassett Creek Watershed Management Commission 19-34 3-5 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes: 1.Council/Manager Meeting – May 14, 2019 6-8 2.City Council Meeting – June 4, 2019 9-13 B.Approval of City Check Register 14 C.Licenses: 1.2019-2020 Liquor License 15 2.Temporary On-Sale Liquor License - The Church of St. Margaret Mary 16 3.Gambling License Exemption and Waiver of Notice Requirement – The Church of St. Margaret Mary 17-19 4.Gambling License Exemption and Waiver of Notice Requirement – American Lebanese Syrian Associated Charities 20-22 D.Minutes of Boards and Commissions: 1.Planning Commission – May 29, 2019 23-27 2.Human Services Commission – April 8 and May 13, 2019 28-31 E.Bids and Quotes: 1.Authorize Watermain Gate Valve Repairs 32-34 2.Approve Purchase of Fire Department All-Terrain Vehicle 35-36 F.Board and Commission appointment 37 G.Approval of Golden Valley Fire Relief Association By-Law Pension Amount 19-35 38-41 H.Approval of Plat – Anderson Addition (1345 Natchez Avenue South) 19-36 I.Amendments to various Boards and Commissions Bylaws 42-44 45-52 J.Approve Request for Deputy Register Reimbursement Grant and Liability Release 19-37 53-57 K.Support Grant Application to Minnesota Housing Finance Agency for Capacity Building Initiative Funding 19-38 58-60 June 18, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting June 18, 2019 – 6:30 pm 2 4.Public Hearing A.Public Hearing – Ordinance 665 – Approval of Conditional Use Permit 166 – 1030 Angelo Drive 61-76 B.Public Hearing to Vacate Easements at 5900 and 6100 Golden Hills Drive, Golden Hills Business Park PUD 78 19-39 77-96 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. A.Resolution Authorizing Issuance, Awarding Sale, and Prescribing the Form and Details and Providing Payment for the $1,970,000 General Obligation Bonds, Series 2019A 19-40 97-116 B.Review of Council Calendar C.Mayor and Council Communications 7.Adjournment Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 1. C. Recognition of the 50th Anniversary of the Bassett Creek Watershed Management Commission Prepared By Jeff Oliver, PE City Engineer Eric Eckman, Development and Assets Supervisor Summary The Bassett Creek Watershed Management Commission is celebrating its 50th anniversary. The mission of the Bassett Creek Watershed Management Commission is “stewardship of water resources to protect and enhance our communities”. The Bassett Creek Watershed Management Commission works with residents, organizations, and member cities to protect and improve water resources like Bassett Creek and its tributaries, wetlands, ponds, and lakes such as Medicine, Wirth, Twin, Sweeney, Northwood, Turtle, Westwood, Parkers, and others. Attachments Resolution Recognizing the Bassett Creek Watershed Management Commission 50th Anniversary (2 pages) Recommended Action Motion to adopt Resolution Recognizing the 50th Anniversary of the Bassett Creek Watershed Management Commission. RESOLUTION NO. 19-34 RESOLUTION RECOGNIZING THE 50TH ANNIVERSARY OF THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION CELEBRATING 50 YEARS OF COLLABORATION AND WORK TO PROTECT AND IMPROVE LAKES AND STREAMS AND REDUCE FLOODING WHEREAS, on April 19, 2016, the Golden Valley City Council established a Special Proclamation Policy; and WHEREAS, in 1968, nine cities came together as the Bassett Creek Flood Control Commission to jointly work on addressing flooding concerns related to Bassett Creek; and WHEREAS, the nine member cities of Crystal, Golden Valley, Medicine Lake, Minnetonka, Minneapolis, New Hope, Robbinsdale, Plymouth, St. Louis Park began working on flooding issues in 1969; and WHEREAS, the first major project was Bassett Creek Flood Control project, which consisted of the construction of several significant flood control structures and flood storage areas in the watershed including the “new” Bassett Creek tunnel which extends 2.4 miles under downtown Minneapolis, constructed between 1978 and 1992; and WHEREAS, in addition to flood control, the BCWMC began also concentrating on improving and protecting water quality; and WHEREAS, in 2004, the BCWMC began a capital improvement program that has installed 33 projects across the watershed, including several water quality and stream restoration projects in Golden Valley. Combined, these projects have reduced total phosphorus by 1,900 pounds per year and sediment loads by 644 tons per year; and WHEREAS, in addition to its capital projects, the BWCMC cooperates with its member cites to ensure development and redevelopment adhere to standards that protect water quality and reduce flood potential; and WHEREAS, The BCWMC also partners with cities, park districts, lake groups, and organizations to educate residents, local officials, and others; and WHEREAS, the BCWMC maintains a good relationship with its member cities and will continue to collaborate with the cities on improving and protecting water resources into the future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley: The City Council of the City of Golden Valley sincerely thanks the Bassett Creek Watershed Management Commission for providing services to the community for the past 50 years. Resolution No. 19-34 -2- June 18, 2019 Adopted by the City Council of Golden Valley, Minnesota on this 18th day of June, 2019 Shepard M. Harris, Mayor ATTEST: Kristine A Luedke, City Clerk REGULAR MEETING MINUTES The meeting began at 6:30 pm in the Council Conference Room. Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall Staff present: City Manager Cruikshank, City Attorney Cisneros, Physical Development Nevinski, Planning Manager Zimmerman, Senior Planner/Grant Writer Goellner, and Development and Assets Supervisor Eckman 1a. Commission Annual Report – Environmental Commission 2018 Annual Report: Environmental Commission Chair Hill presented the 2018 annual report and the 2019 projects and answered questions from the Council. Development and Assets Supervisor Eckman, City Manager Cruikshank and Physical Development Nevinski answered questions from Council. Council thanked the Commissioners for their service. 1b. Commission Annual Report – Human Rights Commission 2018 Annual Report: Human Rights Commission Chair Harris presented the 2018 annual report and the 2019 projects and answered questions from Council. City Attorney Cisneros answered questions from Council. Council thanked the Commissioners for their service. 2. Narrow Lot Discussion Planning Manager Zimmerman presented the staff report and provided background information on the issues surrounding narrow lots including the City’s history of residential development. He reviewed the side yard setbacks, the recorded plats in the City where the lots of record are 65 feet or less and answered questions from Council. The Council discussed the issues with narrow lots, the heights of new homes, the properties identified in the City that could be split, the side yard setback restrictions, ways to maintain neighborhood character as new homes are built, and possible next steps. City Manager Cruikshank answered questions from Council. The Council consensus was to move forward cautiously by having staff work with the Planning Commission to study lots less than 50 feet wide, review possible height restrictions, examine ways to bring side yard setbacks into conformance with the City’s Building and Fire Codes, and review the building envelopes for width consistency. The Council asked staff to bring the study back for their review and include what the City benefits would be if amendments are made. May 14, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council/Manager Regular Meeting Minutes May 14, 2019 – 6:30 pm 2 3. Mixed Use Zoning District Update Planning Manager Zimmerman presented the staff report including the background of the 2040 Comprehensive Plan process which identified four planning districts in which redevelopment may occur. He said that the areas included Downtown West, the Douglas Drive Corridor, the Golden Valley Road Light Rail Station area, and the I-394 Corridor. He provided information on the I-394 Mixed Use District and said staff is proposing it be changed to the new Mixed Use Zoning District. He also provided language on the Mixed Use Zoning District City Code draft language and possible next steps in the process. Mr. Zimmerman and Senior Planner/Grant Writer Goellner answered questions from Council. The Council discussed the future Land Use Map, possible redevelopment opportunities, climate impacts, and requirements for the districts. Mr. Zimmerman said staff would continue to work with the Planning Commission on the draft Code language, bring back a comprehensive draft, and then go forward with the public hearing process to amend the Zoning Code with a new Mixed Use Zoning District. 4. Council Review of Future Draft Agendas: City Council May 21, City Council June 4 and Council/Manager June 11, 2019 No changes were submitted for future agendas. The Council discussed possible rotation of attendance at the Market in the Valley and moving the June Council/Manager meeting to Brookview. The meeting adjourned at 8:44 pm. Shepard M. Harris, Mayor Kristine A. Luedke, City Clerk REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Mayor Harris. 1A.Pledge of Allegiance 1B.Roll Call Present:Mayor Shep Harris,Council Members Joanie Clausen,Larry Fonnest,Gillian Rosenquist and Steve Schmidgall Staff present:City Manager Cruikshank,City Attorney Cisneros and City Clerk Luedke 2.Additions and Corrections to Agenda MOTION made by Council Member Clausen,seconded by Council Member Schmidgall to approve the agenda of June 4,2019,as amended with a change to 3C1 2019 2020 Approval of the Liquor License Renewals and the motion carried. 3.Approval of Consent Agenda MOTION made by Council Member Fonnest,seconded by Council Member Clausen to approve the consent agenda of June 4,2019,as revised:Removal of 3C1 Approve Liquor License Renewals,3E Accept Resignation from the Human Rights Commission and 3J Board/Commission Appointment and the motion carried. 3A1.Approve Minutes of City Council Meeting May 21,2019. 3B.Approve City Check Register and authorize the payments of the bills as submitted. 3C1.Approve the 2019 2020 Liquor License Renewals. 3D.Minutes of the Boards and Commissions: 1. Planning Commission Minutes May 13,2019 2. Environmental Commission Minutes April 22,2019 3. Open Space Recreation Commission March 25 and April 22,2019 4. Board of Zoning Appeals Commission Minutes April 23,2019 5. Bassett Creek Watershed Management Commission April 18,2019 3E.Accept Resignation from the Human Rights Commission. 3F.Approve the reappointment of Ms.Eve Clarkson to the Human Rights Commission for a term through May 2020. 3G.Adopt Resolution 19 30,Supporting Application by West Hennepin Affordable Housing Land Trust to Minnesota Housing Finance Agency for Community Homeownership Impact Funds. 3H.Receive and file the April 2019 Financial Reports. 3I.Approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday,June 22,2019,at the Chester Bird American Legion,200 North Lilac Drive. 3J.Board/Commission Appointment. June 4,2019 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes June 4,2019 6:30 pm 2 3.ITEMS REMOVED FROM THE CONSENT AGENDA 3C1.Approve the 2019 2020 Liquor License Renewals City Clerk Luedke said Cajun Twist has not submitted all of their required documents and asked that their name be removed from the list of liquor licenses. MOTION made by Council Member Clausen,seconded by Council Member Schmidgall to amend the item by deleting the renewal of Cajun Twist from the list and the motion carried. MOTION made by Council Member Clausen,seconded by Council Member Schmidgall to approve the renewal of the respective liquor licenses for the applicants listed below for the license period of July 1,2019,through June 30,2020: Off Sale:Golden Valley Liquor Barrel,Lunds Byerly’s Wines Spirits,Lakeridge Wine Spirits and Cedar Lake Wine On Sale and Sunday Sale/Off Sale:Schuller’s Tavern Wine On Sale including strong beer)and 3.2 Malt Liquor:D’Amico and Sons,Davanni’s Pizza Hoagies,JDL Group Inc.,New Bohemia Golden Valley,Ramada Minneapolis/Golden Valley,Smashburgers and The Early Bird Cafe Mort’s Deli Off Sale 3.2 Malt liquor:Holiday Inn Express Golden Valley,Speedway 4443 and Speedway 4497 On Sale and Sunday Sale:Benihana,Brookview Golf Course,Chipotle Mexican Grill, Doolittle’s Woodfire Grill,Golden Valley Country Club,Good Day Café,J.J.’s Clubhouse, LAT 14 Asian Eatery,Metropolitan Ballroom and Clubhouse,Red Lobster,Schuller’s Tavern and Teresa’s Mexican Restaurant On Sale:Sodexo America On Sale Club and Sunday Sale:Chester Bird American Legion Post 523 Brewer Taproom,Brewer Off Sale and Sunday Sales:Under Pressure Brewing 3E.Accept Resignation from the Human Rights Commission Council thanked Ms.Gloria Peck for her service on the Human Rights Commission. MOTION made by Council Member Fonnest,seconded by Council Member Clausen to accept the resignation from Ms.Peck from the Human Rights Commission and the motion carried. 3J.Board/Commission Appointment Mayor Harris said that the Council interviewed Board/Commission candidates for open positions before the City Council meeting. MOTION made by Council Member Rosenquist,seconded by Council Member Clausen to appoint Ms.Leah Persky to the Human Rights Commission for a term through May 2021 and the motion carried. City of Golden Valley City Council Regular Meeting Minutes June 4,2019 6:30 pm 3 4.Public Hearing 4A.Public Hearing MS4 General Permit,Storm Water Pollution Prevention Program,2018 Annual Report to the Minnesota Pollution Control Agency Environmental Specialist Chirpich presented the staff report and answered questions from Council.Physical Development Director Nevinski and City Manager Cruikshank answered questions from Council. Mayor Harris opened the public hearing.No one came forward.Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall,seconded by Council Member Fonnest to adopt Resolution 19 31,Issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention Program.Upon a vote being taken,the following voted in favor of:Clausen, Fonnest,Harris,Rosenquist,and Schmidgall,the following voted against:none and the motion carried. 4B.Public Hearing Lot Consolidation and Transfer of Remnant Right of Way to Adjacent Owner at 1345 Natchez Avenue South Senior Planner/Grant Writer Goellner presented the staff report and answered questions from Council. Mayor Harris opened the public hearing.No one came forward.Mayor Harris closed the public hearing. MOTION made by Council Member Clausen,seconded by Council Member Fonnest to adopt Resolution 19 32,authorizing the Transfer of Remnant Right of Way to the Adjacent Property Owner at 1345 Natchez Avenue South.Upon a vote being taken,the following voted in favor of: Clausen,Fonnest,Harris,Rosenquist,and Schmidgall,the following voted against:none and the motion carried. MOTION made by Council Member Fonnest,seconded by Council Member Schmidgall to approve the Preliminary Plat for Anderson Addition and the motion carried. 4C.Public Hearing Ordinance 664 Zoning Code Text Amendment Architectural and Material Standards Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing.No one came forward.Mayor Harris closed the public hearing. There was Council discussion regarding the Zoning Code Text Amendment regarding architectural and materials standards. City of Golden Valley City Council Regular Meeting Minutes June 4,2019 6:30 pm 4 4C.Public Hearing Ordinance 664 Zoning Code Text Amendment continued MOTION made by Council Member Fonnest,seconded by Council Member Schmidgall to adopt Ordinance 664,adding Section 113 157:Architectural and Material Standards to the Zoning Code.Upon a vote being taken,the following voted in favor of:Clausen,Fonnest,Harris, Rosenquist,and Schmidgall,the following voted against:none and the motion carried. MOTION made by Council Member Clausen,seconded by Council Member Schmidgall adopt the Summary of Ordinance 664 for Publication and the motion carried. 5.Old Business 6.New Business 6A.Planning for Golden Valley Downtown Area 6A1.Authorize Contract for Phase II of the Downtown Study Planning Manager Zimmerman presented the staff report and answered questions from Council. There was Council discussion regarding the downtown study. MOTION made by Council Member Schmidgall,seconded by Council Member Rosenquist to authorize an agreement to conduct Phase II of the Downtown Study with Hoisington Koegler Group Inc.and the motion carried. 6A2.Authorize Work Plan for Active Living Technical Assistance with Hennepin County Senior Planner/Grant Writer Goellner presented the staff report and answered questions from Council. MOTION made by Council Member Rosenquist,seconded by Council Member Schmidgall to approve Work Plan for Active Living Technical Assistance with Hennepin County and the motion carried. 6B.Approve Emergency Repairs to Trunk Sanitary Sewer at Natchez Park Assistant City Engineer Kakach presented the staff report and answered questions from Council. City Finance Director Virnig answered questions from Council. There was Council discussion regarding the emergency repairs to the sanitary sewer. MOTION made by Council Member Schmidgall,seconded by Council Member Fonnest to adopt Resolution 19 33,extending a local emergency and authorizing the City of Golden Valley to make a contract during a local emergency.Upon a vote being taken,the following voted in favor of: Clausen,Fonnest,Harris,Rosenquist,and Schmidgall,the following voted against:none and the motion carried. City of Golden Valley City Council Regular Meeting Minutes June 4,2019 6:30 pm 5 6C.Second Consideration Ordinance 663 Amend 2019 Master Fee Schedule for Certain Permit Fees Finance Director Virnig presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall,seconded by Council Member Clausen to adopt second consideration,Ordinance 663,amending the 2019 Master Fee Schedule for Certain Permit Fees.Upon a vote being taken,the following voted in favor of:Clausen,Fonnest,Harris, Rosenquist and Schmidgall,the following voted against:none and the motion carried. 6D.Review of Council Calendar Some Council Members may attend a Neighborhood Block Party on June 8,2019,at 5 pm at located at 1400 Natchez Avenue South. Some Council Members may attend the Golden Valley Pride Festival on June 9,2019,from noon to 6 pm at Brookview Park located at 200 Brookview Parkway. A Concert in the Park featuring the Stompin’Dixie will be held on June 10,2019,at 7 pm at Brookview Park located at 200 Brookview Parkway. Some Council Members may attend the Rising TIDES Task Force meeting on June 11,2019,from 5:15 to 6 pm in the Council Conference Room. The next Council/Manager meeting will be held on June 11,2019,at 6:30 pm. Some Council Members may attend the City Wide Bike Lanes Open House on June 12,2019, from 5 to 7 pm in the Council Chambers. The first Water Day at Scheid Park will be held on June 14,2019,from 12:30 to 2 pm. The Views of the Valley Photo deadline is June 14,2019,at 4:30 pm. Some Council Members may attend the Market in the Valley on June 16,2019,from 9 am to 1 pm in the City Hall Campus Parking Lot. A Concert in the Park featuring the Pan Handlers will be held on June 17,2019,at 7 pm at Brookview Park located at 200 Brookview Parkway. Some Council Members may attend the Scheid Park Play Structure Ribbon Cutting event on June 18,2019,at 10:30 am at Scheid Park. The next City Council Meeting will be held on June 18,2019,at 6:30 pm. Some Council Members may attend the Golden Valley Open House on June 19,2019,from 6 to 8 pm at the Golden Valley Police Department and Fire Station 1. City of Golden Valley City Council Regular Meeting Minutes June 4,2019 6:30 pm 6 6D.Mayor and Council Communication Mayor Harris thanked the Park and Rec Department for the upcoming concert in the park series and the businesses that support it.He also congratulated the seniors graduating this year. 7.Adjourn MOTION made by Council Member Clausen,seconded by Council Member Schmidgall and the motion carried unanimously to adjourn the meeting at 8:27 pm. Shepard M.Harris,Mayor ATTEST: Kristine A.Luedke,City Clerk Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments Document is located on city website at the following location: http://weblink.ci.golden- valley.mn.us/Public/Browse.aspx?startid=717279&dbid=2&cr=1. The check register for approval: o 06/14/2019 Check Register Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. C. 1. 2019-2020 Liquor License – Cajun Twist Prepared By Kris Luedke, City Clerk Summary Cajun Twist located at 1221 Theodore Wirth Parkway has submitted its liquor license application for the 2019-2020 term. The establishment is requesting to change its liquor license from an On- Sale Wine and 3.2 Percent Malt Liquor to an On-Sale Intoxicating liquor license with Sunday Sales. The City Attorney and City Clerk have reviewed the application, and recommended approval so long as the applicant provides an updated liability insurance certificate. The Golden Valley Police Department is in the process of conducting the background investigation. Recommended Action Motion to approve the issuance of the of On-Sale Intoxicating Liquor License with Sunday Sales for Cajun Twist located at 1221 Theodore Wirth Parkway for the license period of July 1, 2019 through June 30, 2020 contingent upon receipt of the updated liquor liability insurance certificate and a successful background investigation. Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. C. 2. Temporary On-Sale Liquor License - The Church of St. Margaret Mary Prepared By Kris Luedke, City Clerk Summary The Church of St. Margaret Mary located at 2323 Zenith Avenue North has applied for a temporary on-sale liquor license for their Fall Festival to be held on September 15, 2019, from 1 pm to 5 pm. The City Code does provide for temporary sales of liquor with Council approval. Also, required is a certificate of liquor liability insurance naming the City as an additional insured in the amount of 1,000,000. The Church of St. Margaret Mary has provided this certificate for their event. Recommended Action Motion to approve a temporary on-sale liquor license for Church of St. Margaret Mary located at 2323 Zenith Avenue North for their Fall Festival on September 15, 2019. Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - The Church of St. Margaret Mary Prepared By Kris Luedke, City Clerk Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for The Church of St. Margaret Mary. MINNESOTA LAWFUL GAMBLING 11/17LG220ApplicationforExemptPermitPage1of2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the applicationconductslawfulgamblingonfiveorfewerdays, and is postmarked or received 30 days or more before the event, theawardslessthan $50,000 in prizes during a calendar year. application fee is$100; otherwise the fee is$150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of 1,500 or less,contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: The Church of St Margaret Mary Permit Number: X-93990 Minnesota Tax ID Federal Employer ID Number, if any: 8367661 Number(FEIN), if any: 41-0711491 Mailing Address: 2323 Zenith Ave No City: Golden Valley State: MN Zi 55422Zip: County: Hennepin Name of Chief Executive Officer (CEO): Rev Thomas Rayar CEO Daytime Phone: 763-588-9466 CEO Email: frtom@smm-gv.org permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): dmareck@smm-gv.org NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS-Affiliate of national,statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted for raffles, list the site where the drawing will take place): parish grounds Physical Address (do not use P.O. box): 2323 Zenith Ave No, Golden Valley MN 55422 Check one: City: Golden Valley Zip: 55422 County: Hennepin 0 Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): September 15, 2019 Check each type of gambling activity that your organization will conduct: 71 Bingo =Paddlewheels =Pull-Tabs =Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Artplication for Exempt Permit 111' p p Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township 9TThehe application is acknowledged with no waiting period. he application is acknowledged with no waiting period. application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting period,and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 60 days for a 1st class city). 30 days. The application is denied. Dhe application is denied. Print City Name: _Golden Valley Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: v ' Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and retu ne the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: Dm Signature must be O's s' nat desig a may not sign) Print Name: Rev Thomas Rayar REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and all gambling conducted on one day. application fee(non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day.the application fee is$100; otherwise the fee is$150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control BoardAfinancialreportformwillbemailedwithyourpermit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166,subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members,Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e. large print,braille)upon request. An equal opportunity employer Executive Summary For Action Golden Valley City Council Meeting June 18,2019 Agenda Item 3.C.4.Gambling License Exemption and Waiver of Notice Requirement American Lebanese Syrian Associated Charities Prepared By Kris Luedke,City Clerk Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City.Depending upon the timing of the permit the applicants may request the City to waive the 30 day waiting period. Attachments Application for Exempt Permit 2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for American Lebanese Syrian Associated Charities. MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 11/17 Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the applicationconductslawfulgamblingonfiveorfewerdays, and ispostmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar year. application fee is $100; otherwise the fee is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of 1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900, service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: American Lebanese Syrian Associated Charities (ALSAC) Permit Number: X-34486 Minnesota Tax ID Federal Employer ID Number, if any: 26088 Number (FEIN), if any: 35-1044585 Mailing Address: 5353 Wayzata Blvd, Suite 500 City: St. Louis Park State: MN Zip: 55416 County: Hennepin Name of Chief Executive Officer (CEO): Richard C. Shadyac )r. CEO Daytime Phone: 901-578-2003 CEO Email: rick.shadyacjr@stjude.org permit will be emailed to this email address unless otherwise Indicated below) Email permit to (if other than the CEO): Angela. Zembrycki@stjude.Org NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal = Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ElIRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) El If your organization falls under a parent organization, attach copies of j)QLI of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted for raffles, list the site where the drawing will take place): Golden Valley Country Club Physical Address (do not use P.O. box): 7001 Golden Valley Road Check one: City: Golden Valley Zip: 55427 County: Hennepin Township: Zip: __ County: Date(s) of activity (for raffles, indicate the date of the drawing): lune 24. 2019 Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels Pull -Tabs =Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 11/17 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits The application is acknowledged with no waiting period, r ---I located in a township II— he application is acknowledged with no waiting period. The application is acknowledged with a 30 -day waiting Uf he application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 60 days for a 1st class city). The application is denied. 30 days. regulatory agencies; anyone pursuant to court ire application is denied. Print City Name: Golden Valley Print County Name: Signature Persgnnel: Signature of County Personnel: CI VO your organization refuses to supply this Title: Cil C Date: 13 1 IF Title: TC Date: which law or legal order authorizes a new use or TOWNSHIP (if required by the county) address which will remain public. Private data On behalf of the township, I acknowledge that the organization as a consequence, may refuse to issue a permit, iS applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve orThecityorcountymustsignbefore If your organization supplies the Information submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer:___ Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is cqm ete 7,-t•,•d ac rate to the best of my knowledge. I acknowledge that the financialsofreportwillbecompletedandreturnedtotheBo&rd ithtn 30 d the event date. i 'a _ I — Chief Executive Officer's Signature: Date: 1 Signature us[ ei CEO's flgnature; designee may not sign) Print Name: Richard C. Shadyac, Jr. - REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and all gambling conducted on one day. Only one application is required if one or more raffle drawings are application fee (non-refundable). If the application is postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control BoardAfinancialreportformwillbemailedwithyourpermit. Complete 1711 West County Road B, Suite 300 SouthandreturnthefinancialreportformtotheGamblingControlRoseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's quabncation$ to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities In Board Issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the Information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of Information after this notice was as a consequence, may refuse to issue a permit, about your organization are available to Board given; and anyone with your written consent. If your organization supplies the Information members, Board staff whose work requires requested, the Board will be able to process the access to the Information; Minnesota's Depart - This form will be made available In alternative format (i.e. large print, braille) upon request. An equal opportunity employer REGULAR MEETING MINUTES Call to Order The meeting was called to order at 7 pm by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Ryan Sadeghi Commissioners absent: Lauren Pockl, Chuck Segelbaum Staff present: Planning Manager Jason Zimmerman, Administrative Assistant Lisa Wittman Council Liaison present: None Approval of Agenda MOTION made by Johnson, seconded by Baker to approve the agenda of May 29, 2019, as submitted and the motion carried unanimously. Approval of Minutes May 13, 2019, Regular Planning Commission Meeting Johnson referred to the subject of open spaces during the Mixed Use Zoning District discussion. He said the minutes didn’t seem to reflect the discussion as it related to public versus private open spaces. Blum asked if the default mentioned by staff is that the open space referred to in the Mixed Use Zoning Districts were private, not public. Zimmerman said yes and referred to page three of the minutes where the discussion was about how it would be difficult to require open space to be dedicated for public use. MOTION made by Baker, seconded by Johnson to approve the May 13, 2019, minutes as submitted and the motion carried unanimously. 1. Public Hearing Applicant: Andy Snope Address: 1030 Angelo Drive Purpose: A Conditional Use Permit to allow for a boathouse within the Shoreland Overlay District Zimmerman referred to a location map and explained the applicant’s request to construct a boathouse within the Shoreland Overlay district. He stated that boathouses are the only structures allowed within the Shoreland Overlay district and by conditional use only. He referred to aerial photos of the property and noted that there is currently an 8’ x 8’ shed on the property, also in the Shoreland Overlay district that would be removed as part of this proposal. May 29, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Planning Commission Regular Meeting May 29, 2019 – 7 pm 2 Zimmerman stated that the applicant did an extensive rear yard landscaping project last year which included plans for a boathouse and that the applicant worked closely with the City to address Shoreland Overlay, Floodplain, and many other regulations. Zimmerman referred to the language in the Shoreland Overlay District code and stated that the purpose of the District is “to regulate the development of the shorelands of public waters.” The language also states that boathouses shall be allowed if “certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district,” and that the DNR Commissioner must be notified. Zimmerman referred to a landscaping plan and discussed the location of the floodplain and the Shoreland Overlay district. He showed where the boathouse is proposed to be built and stated that it would be 12’ x 14’ in size, would be located further away from the lakeshore, and would be used to store kayaks and other boating equipment. He added that the proposed boathouse would meet the setback requirements which are 75 ft. from the ordinary high water mark of Sweeney Lake, and 5 ft. from the side yard property line. The proposed boathouse would also meet the engineering requirement that the lowest floor opening be at least 2 ft. above the floodplain elevation (831.7’) Zimmerman referred to the evaluation factors used when considering conditional use permits and said that the vast majority of them aren’t applicable for a boathouse. He said staff is recommending approval of the Conditional Use Permit with two conditions. The first is that the boathouse is to be used solely for the storage of boats and boating equipment and the second is that the boathouse construction must include 2’ of freeboard above the base floor elevation of 831.7’. Baker asked if there is a DNR permit required, or just notification. He also asked if the notice went to the DNR Commissioner or to a hydrologist. Zimmerman stated that the City Code requires notification be sent to the DNR Commissioner and that was done on April 29. Baker referred to the staff report where it states “…within the Shoreland Overlay District, boathouses are listed as uses that shall be allowed if certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district.” He said he is wondering about the word “incompatibility” and the words “certain conditions” and he thinks there should be a finding about certain conditions having been met outside of the Conditional Use Permit. Zimmerman said his reading of that language is that the City can impose conditions to make this use (boathouse) compatible and the only conditions staff thought were appropriate were about the use and the elevation. He added that otherwise, the boathouse use is compatible with the single family homes up and down the shore. Baker said the word “incompatible” is undefined and depends on staff subjectively deciding on compatibility. Zimmerman said yes, but this is an allowed use unless the City finds it so incompatible that there needs to be conditions or other regulations added. Johnson asked how a boathouse is different than a shed or other structure. Zimmerman said all boathouses are sheds, but not all sheds are boathouses so if it is storing boats and boating equipment by definition it is a boathouse. He added that a structure built in the Shoreland Overlay District that wasn’t City of Golden Valley Planning Commission Regular Meeting May 29, 2019 – 7 pm 3 used for boating related activities wouldn’t be allowed. Johnson asked if a site plan review is required. Zimmerman said no. Baker asked if there are any limits to the size of a boathouse. Zimmerman said not specifically for boathouses, but once an accessory structure is more than 200 square feet in size a building permit is required and that detached accessory structures are not allowed to be larger than 800 square feet. Andy Snope, Applicant, said he is proposing a simple boathouse and that he is trying to do restorative measures to the lakeshore by removing the old shed and hopefully creating more of a buffer than what is currently there. Baker referred to the photos submitted and said it looks like there is blue grass down to shore. He asked Snope if he is going to change that to include more natural vegetation. Snope said the existing conditions include sod down to the lake but he has been working on creating a buffer by letting the area grow naturally and encroach into the existing grass. Blum opened the public hearing. Hearing and seeing no one wishing to comment, Blum closed the public hearing. Baker said he is supportive of the proposal. Sadeghi agreed. Johnson referred to the second factor of evaluation listed in the staff report where it states that the proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan and asked if they’ve always used a double negative. Zimmerman said staff has tried to use the language from the Code and that he thinks it gives the Planning Commission some room to point issues out as needed. Blum asked staff to comment as to whether a boathouse is a common structure in this particular location on the shoreline in that neighborhood. Zimmerman said boathouses are not uncommon structures but he knows of only one other newly constructed boathouse that has gone through the Conditional Use Permit approval process. He added that the others have been there a long time and are probably grandfathered-in. Blum said he thinks having a boathouse on a shoreline is consistent with the Comprehensive Plan in regards to wanting to maintain areas that useful to the public, or for social or other reasonable uses. MOTION made by Brookins, seconded by Johnson to recommend approval of Conditional Use Permit 166 allowing for a boathouse in the Shoreland Overlay District at 1030 Angelo Drive subject to the findings and recommendations listed below. Blum added that he finds that the discussion of the factors of evaluation are well reasoned and point definitively towards being in favor of recommending approval of the application and he would make similar findings in all regards as they’ve been presented to the Planning Commission and the motion carried unanimously: City of Golden Valley Planning Commission Regular Meeting May 29, 2019 – 7 pm 4 Findings: 1. Demonstrated Need for Proposed Use: Standard met. The applicant currently utilizes a shed that is non-compliant and within an area restricted because of the elevation of the floodplain. The proposed boathouse would replace the shed in a conforming location and would be used to house boats and other boating equipment. 2. Consistency with the Comprehensive Plan: Standard conditionally met. The proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan. The Zoning Code allows for boathouses in the Shoreland Overlay District. 3. Effect upon Property Values: Standard met. There are no anticipated impacts from the construction of a new boathouse. 4. Effect on Traffic Flow and Congestion: Standard met. There are no anticipated impacts on traffic flow or congestion. 5. Effect of Increases in Population and Density: Standard met. Due to the nature of the proposed use, there are no anticipated increases in population or density. 6. Compliance with the City’s Mixed-Income Housing Policy: Not applicable. 7. Increase in Noise Levels: Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration: Standard met. The proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin: Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance: Standard met. The new boathouse, combined with recent landscaping on the property, is likely to provide an enhanced visual appearance compared to the existing structure. 11. Other Effects upon the General Public Health, Safety, and Welfare: Standard conditionally met. If constructed at the proper elevation above the floodplain, the proposed use is not anticipated to have any other impacts on the surrounding area. Conditions: 1. The boathouse shall be used solely for the storage of boats and boating equipment. 2. The boathouse shall be constructed to include two feet of freeboard above the base flood elevation of 831.7 feet (NGVD29 vertical datum). 3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Short Recess-- Council Liaison Report No report was given. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings Johnson reported on the May 28, 2019, Board of Zoning Appeals meeting. City of Golden Valley Planning Commission Regular Meeting May 29, 2019 – 7 pm 5 Other Business Zimmerman stated that the developer for the Central Park West Office building and ramp have said they are ready to move forward. Johnson said he would like to be involved in the public art process. Adjournment MOTION made by Johnson, seconded by Baker and the motion carried unanimously to adjourn the meeting at 7:26 pm. Adam Brookins, Secretary Lisa Wittman, Administrative Assistant 7800Golden Valley Road I Golden Valley, MN 55427 763-512-2366 I TTY763-593-3968 I 763-512-2344 (fax) I www.goldenvalleymn.gov J 1 Human Services Commission nva REGULAR MEETING MINUTES April 8, 2019 -6:45 pm Rice Lake Conference Room Brookview Golden Valley 316 Brookview Parkway S call to Order The meeting was called to order at 6:46 pm by La Mere-Anderson, Vice Chair Roll call Commissioners present: Denise La Mere-Anderson, Sophia Vento, Katie Hart, Hilmer Erickson, Jonas oumeya, Stephanie Devitt, and Peder Hanson. Joanie Clausen, Golden Valley City Council Liaison. Commissioners absent: Aaron Black, Jason Kapel, and Toots Vodovoz Staff present: Brian Erickson, Staff Liaison, and Nicole Eller-Peploe, Recording Secretary. Approval of Minutes MOTION by Vento, La Mere Anderson 2nd Agenda Item A.Budget Review - La Mere-Anderson updated the commission. She stated that is appears we are in good shape, so far, on the YTD dollars. She requested that Brian ask Finance if there is an error on the budget report for the dollars under Pull Tabs. The report states the dollars are thru November 2018. B.Run the Valley 2019-Brian stated that as of today, 343 people have registered. He also reviewed the volunteer assignments and had members fill in vacancies. The commission discussed the multiple food donations, the 316 signature cocktail, one day 10% food discount at 316 with showing their bib, and Anderson Race Managements role in registrations and finishing times. C.Chair/Vice Chair Elections at May Meeting -Annual Elections. Position can be held for 2 years. D.City Council Commission Dinner April 29, 5:30 pm, at Brookview E.Commission Orientation at May Meeting This docu ment is available in alternate formats upon a 72-hour re quest Please call IJ763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternateformatsmayincludelargeprint, electronic, Braille, audiocassette, etc. City of Golden Valley April 8, 2019 -6:45 .pm Adjourn Human Services Commission Regular Meeting Minutes MOTION by La Mere-Anderson at 7:22 pm, Courneya 2nd Denise La Mere -Anderson, Vice Chair Brian Erickson, StaffLiaison 2 7800 Golden Valley Road I Golden Valley, MN 55427 763-512-2366 I TTY 763-593-3968 j 763-512-2344 (fax) I www.goldenvalleymn.gov cit)!_ of Human Services Commission gol en 11 va ey REGULAR MEETING MINUTES May 13, 2019 -6:45 pm Rice Lake Conference Room Brookview Golden Valley 316 Brookview Parkway S Call to Order The meeting was called to order at 06:45 pm by Aaron Black. Roll Call Commissioners present: Aaron Black, Katie Hart, Jonas Courneya, Stephanie Devitt, Peder Hanson, Jason Kapel, and Toots Vodovoz. Commissioners absent: Denise La Mere-Anderson, Hilmer Erickson, Sophia Vento. Staff present: Brian Erickson, Staff Liaison, and Nicole Eller-Peploe, Recording Secretary. Approval of Minutes MOTION by Black, 2nd by Hart Agenda Item Old Business a.Budget -Black reviewed and updated the commission. Black noted that the revenue lags one month behind what is listed on the budget. Also, Run the Valleyfundraising received to date is approx. 70%. StaffLiaison, Erickson, stated that solicitation letters and sponsor donations forRun the Valley & Golf and Lawn Bowling Classic are still coming in. Kapel noted that the solicitation letters went out late and Black stated that this year those letters will be out earlier. Erickson updated the Run/Walk YTD (net) total to $10,745. b.Run the Valley (RTV) -Black stated that the weather affected total number of participants. Erickson noted that the number of participants was down but the increased fees mitigated losses. Erickson and Black commended the city for their excellent job of clearing the roads. The possibility of a survey going out, as soon as possible, after future events or a comments box at the events was discussed. Remaining shirts are being sold through Park and Rec for $5.00.' Selected date for next year -April 18, 2020 Agenda Item New Business a.Peder Hanson -Term is over and he will not return. b.Commissioner Bylaws Review -Reviewed c. Election of Chair and Vice Chair Aaron Black nominated Chair -Unanimous vote of Yes. Denise La Mere-Anderson nominated Vice Chair -Unanimous vote of Yes. d.Golf and Lawn Bowling Classic, Monday, September 16th Sponsor Fees: First 4 Golfers for $500 or 8 Golfers for $800 (2nd 4 golfers for 300). This document is available in alternate formats upon a 72-hour request. Please call IJ 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternateformatsmayincludelargeprint, electronic, Braille, audiocassette, etc. Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. E. 1. Authorize Watermain Gate Valve Repairs Prepared By Tim Kieffer, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary The 2019 Water and Sanitary Sewer Capital Improvement Program (CIP) includes $150,000 for mill and overlay water repairs (W&SS-051). Gate valves repairs are essential to maintain the City’s water distribution system. Staff received the following quotes for gate valve repairs located in the 2019 in-house and 2020 County mill and overlay projects: Contractor Total Cost Dave Perkins Contracting, Inc. $104,925 Valley-Rich Co., Inc. $109,000 Additionally, staff received quotes for gate valve repairs in conjunction with the City of Robbinsdale mill and overlay project on 26th Avenue North. Staff received the following quotes: Contractor Total Cost Dave Perkins Contracting, Inc. $54,250 Valley-Rich Co., Inc. $84,950 The total cost is $9,175 more than the amount budgeted in the CIP. Funding of the overage will come from the purchase of the 800 MHz radios, W&SS-081, being $28,000 below the budgeted amount. Attachments Quotes (2 pages) Recommended Action Motion to approve watermain gate valve repairs by Dave Perkins Contracting, Inc. in the amount of 159,175. Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. E. 2. Approve Purchase of Fire Department All-Terrain Vehicle Prepared By John Crelly, Fire Chief Tim Kieffer, Public Works Maintenance Manager Marshall Beugen, Streets and Vehicle Maintenance Supervisor Summary The 2019 Vehicle and Equipment Capital Improvement Program (CIP) includes $15,000 for the purchase of an All-Terrain Vehicle (ATV), V&E-106. The ATV is used for off-road rescue and transport. The existing ATV, unit 341, meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 23 to 27 points meets the category of “qualifies for replacement”. The 2003 ATV due for replacement scored 33 points. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 114610 2019 Polaris Ranger Crew XP 1000 Lakes Area Powersports $24,328.19 Total Purchase Price $24,328.19 The contract price is more than the amount budgeted in the CIP. Funding of the overage will come from the purchase of the scissor lift, V&E-033, being $25,000 below the budgeted amount. Attachments Lakes Area Powersports Quote (1 pages) Recommended Action Motion to approve the purchase of a 2019 Polaris Ranger Crew XP 1000 from Lakes Area Powersports in the amount of $24,328.19. 1 CP:LKUHLMAN Q U O T A T I O N DATE: CUSTOMER #: P.O.#: 104474 TERMS:Net 10th EOM 5/29/2019LAKESAREAPOWERSPORTS 8322 STATE HIGHWAY 371 NW WALKER, MN 56484 Phone #: (218)547-1558 Fax #: (218)547-1508 PHONE #: ALT. #: 763)593-8085 LOCATION:1 STATUS:Active PAGE: ORDER #:14585 SALES TYPE:Quote CELL #: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 US CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 US 104474BILLTO SHIP TO MFR PRODUCT NUMBER DESCRIPTION QTY PRICE NET TOTAL POL R19RSE99AS $18,099.00 $18,099.00 $18,099.0012019POLARISRANGERCREWXP1000EPS, SS RED METALLIC POL REBATE $.00 -$2,714.85 ($2,714.85)1StateContract114610Discount POL 2883242 $539.99 $485.99 $485.991K-ROOF(2)SPORT,ZS CREW sub 2883274 POL 2882191 $729.99 $656.99 $656.991K-ACCY,WDSLD,LNR,G2,TTN POL 2879754 $519.99 $467.99 $467.991KIT-WIPER,WSHLD,CMPLT,BRT POL 2879969 $64.99 $58.49 $58.491K-MIRROR,RRVW,CAB,RGT POL 2882711 $849.99 $764.99 $764.991K-WINCH,4500 PRO,ZS POL 2882904 $94.99 $85.49 $85.491K-ACCY,PWR,ROOF,ZS POL 2882690 $369.99 $332.99 $332.991HOODSTORAGERACK POL 2883123 $269.99 $242.99 $242.991K-LIGHTBAR,10" COMBO POL 2883230 $84.99 $76.49 $76.491K-ACCY,LGTBAR,1 LT,ZS POL 2883313 $4,999.99 $4,499.99 $4,499.991K-TRACKS,CMPLST,UTV,18/17 POL 2882783 $499.99 $449.99 $449.991K-MNT,CMPLST,ZS LABOR $105.00 $105.00 $507.154.83INSTALLATIONLABOR NO TRACK INSTALLATION) PU-DELIVERY $1.70 $1.70 $314.50185DELIVERYTOGOLDENVALLEY Prices reflected on this quote are valid for 30 days and while current supplies last. However, prices are subject to change if the program or promotion the prices were quoted under is no longer in effect. 24,328.19ORDERTOTAL: 0.00TAX: SUBTOTAL:$24,328.19 Authorized By: Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. F. Board/Commission Appointment Prepared By Tim Cruikshank, City Manager Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted, the Council makes their appointments. Recommended Action Motion to make the following appointment: Human Rights Commission Destiny Nathan (Student) 1 year term term expires - May 1, 2020 Executive Summary For Action Golden Valley Council Meeting June 18, 2019 Agenda Item 3. G. Approval of Golden Valley Fire Relief Association By-Law Pension Amount Prepared By Sue Virnig, Finance Director John Crelly, Fire Chief Summary In 2018, staff worked with the Golden Valley Fire Relief Association (GVFRA) to update their policies and by-laws on increases to their yearly pension levels to include the following: Set their internal policies so that the funding level (assets over liabilities) on their current SC form has to be at least 120%. This means an increase will only be eligible for consideration if assets exceed liabilities by 120% and after an increase is applied to the assets to liabilities ratio cannot be less than 120%. This percentage allows less volatility with the markets and less likely for a municipal contribution (levy) when an increase is approved to the yearly pension. Change timing to review in March instead of December/January with their members. This would allow the audit to be completed and the use of actual numbers instead of estimates for the funding level. In 2019, the 2018 audit fieldwork was complete in May. All requests for increases will be approved by Council before an increase is effective. If the benefit is increased without ratification and a municipal contribution should subsequently become required, the benefit level is no longer effective without ratification and any future benefits can only be paid using the ratified benefit level the relief association must drop its benefit level to the last ratified level). The GVFRA met on June 5 and voted unanimously upon the request an additional $400 for a yearly service pension amount for a total of $8,700. The increase would lower the ratio to 126%. This request meets the criteria above and staff is recommending the increase. The following resolution will need to be considered before the yearly service pension is effective. Attachments Resolution Approving Golden Valley Fire Relief Association By-Law Article XI Increasing the Service Pension from $8,300 to $8,700 (2 pages) Recommended Action Motion to adopt Resolution approving Golden Valley Fire Relief Association By-Law Article XI Increasing the Service Pension from $8,300 to $8,700. RESOLUTION NO. 19-35 RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAW ARTICLE XI INCREASING SERVICE PENSION AMOUNT WHEREAS, the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS, an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by- laws; and WHEREAS, the City of Golden Valley may be required to approve a relief association’s pension benefit level, and also may be required to make contributions to fund relief association pension benefits; and WHEREAS, the Article XI relates to a sections of the by-laws; and WHEREAS, the Annual Service Pension amount approved shown in Exhibit A; and WHEREAS, the Fire Relief added to their policies that the benefit increases will be pursued under the following guidelines: using the State current year Schedule Form (SC) that show projected assets and accrued liabilities must be at a funding ration of at least 120% and the amount will not have triggered a municipal contribution on the current year SC form. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Approve the Annual Service Pension in Article XI from $8,300 to $8,700. Adopted by the City Council of Golden Valley, Minnesota on this 18th day of June, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Resolution 19-35 -2- June 18, 2019 EXHIBIT A ARTICLE XI Section I: a. Amount of Benefit - Each applicant shall be eligible for a service pension of $8,300 8,700) per full year of active service as a firefighter with the fire department. b. Early Vesting Provision - In the event a member with ten years or more, but less than twenty years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by four (4) percent per year for each year less than 20. The following table shall be used to determine the pension amount, less any accrued interest: Completed Years of Service Early Vesting Reduction Pension Amount 10 40% $ 49,800 $ 52,200 11 36% $ 58,432 $ 61,248 12 32% $ 67,728 $ 70,992 13 28% $ 77,688 $ 81,432 14 24% $ 88,312 $ 92,568 15 20% $ 99,600 $ 104,400 16 16% $111,552 $ 116,928 17 12% $124,168 $ 130,152 18 8% $137,448 $ 144,072 19 4% $151,392 $ 158,688 20 none $166,000 $ 174,000 More than 20 none Add $8,300 $8,700 per year Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. H. Approval of Plat – Anderson Addition (1345 Natchez Avenue South) Prepared By Emily Goellner, Senior Planner/Grant Writer Summary At the June 4, 2019, City Council meeting, the Council held a public hearing on the Preliminary Plat for the Lot Consolidation of a single-family residential property with excess right of way at 1345 Natchez Avenue South (Anderson Addition). After the hearing, the Council approved the Preliminary Plat. The Final Plat has now been presented to the City. Staff has reviewed the Final Plat and finds it consistent with the approved Preliminary Plat and the requirements of City Code. Attachments Resolution for Approval of Plat – Anderson Addition (1 page) Final Plat of Anderson Addition (1 page) Recommended Action Motion to adopt Resolution for Approval of Plat – Anderson Addition. RESOLUTION No. 19-36 RESOLUTION FOR APPROVAL OF PLAT – ANDERSON ADDITION WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Anderson Addition covering the following described tracts of land: That part of Lots 25 and 26, Block, 2, KENNEDY’S SOUTH TYROL HILLS, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 25; thence North 00 degrees 20 minutes 57 seconds East, assumed bearing, along the west line of said Lot 25, a distance of 35.99 feet; thence northeasterly 9.57 feet on tangential curve concave southeasterly, having a radius of 10.00 feet and a central angle of 54 degrees 48 minutes 13 seconds; thence North 55 degrees 09 minutes 10 seconds East 154.94 feet to a point on the east line of said Lot 26, said point being the northwest corner of Lot 1, Block 1, NELSON ADDITION, according to the recorded plat thereof; thence South 04 degrees 17 minutes 18 seconds East along the east line of said Lots 25 and 26, a distance of 133.91 feet to the southeast corner of said Lot 25; thence North 89 degrees 39 minutes 03 seconds West along the south line of said Lot 25, a distance of 141.68 feet to the point of beginning. And Lot 24, Block 2 of said Kennedy’s South Tyrol Hills WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Adopted by the City Council of Golden Valley, Minnesota on this 18th day of June, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk OFFICIALPLATANDERSON ADDITIONPHONE: 507. 288. 6464717 3RDAVENUES.E.ROCHESTER, MN55904www.sehinc.com0SCALE INFEET204020ANDERSONADDITIONORIENTATIONOFTHISBEARINGSYSTEM ISASSUMED AND BASED ON THE WEST LINEOFLOT Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. I. Amendments to various Boards and Commissions Bylaws Prepared By Kris Luedke, City Clerk Summary At the March 7, 2017, City Council meeting, the Council discontinued the Golden Valley Teen Committee and approved adding a voting youth member to the Open Space and Recreation Commission, Environmental Commission, Human Services Commission, Human Rights Commission. The Council also approved adding a non-voting teen member to the Planning Commission and Board of Zoning Appeals. In order to reach out to clarify the intent of the discussion regarding the student recruitment, staff recommends the following amendment to the youth member definition on the Boards and Commission bylaws: • “Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12.” Also, to advance the City’s inclusion goals, staff recommends the following language be removed from the bylaws for all regular commissions: • Regular members shall be qualified voters and residents of the City. Per the Guidelines for Advisory Boards and Commissions, proposed amendments to bylaws must be submitted to the City Council for review and approval prior to implementation. Attachments: • Environmental Commission Bylaws underline/overstruck version - Membership section(1 page) • Human Rights Commission Bylaws underline/overstruck version - Membership section (1 page) • Open Space & Recreation Commission Bylaws underline/overstruck version - Membership section (1 page) • Human Services Commission Bylaws underline/overstruck version - Membership section (1 page) • Planning Commission Bylaws underline/overstruck version - Membership section (1 page) • Board of Zoning Appeals Bylaws underline/overstruck version - Membership section (1 page) Recommended Action Motion to approve the amended bylaws for the Environmental Commission, Human Rights Commission, Open Space & Recreation Commission, Human Service Commission, Planning Commission and Board of Zoning Appeals. BYLAWS Environmental Commission Article I: Purpose, Mission, and Duties The Environmental Commission shall be an advisory commission to the City Council on matters relating to the environment. The Commission shall: develop and make recommendations to educate the public on environmental regulations, policies, practices and tools develop and make recommendations as an advisory review body for amendments to or revisions of the City’s Surface Water Management Plan and provide advice as requested by the Council on other city programs and initiatives review and make recommendations regarding the city’s existing environmental ordinances, policies, and guidelines develop and make recommendations on management practices for the City’s nature areas, public and private ponding areas, and other such city-owned properties as directed by the City Council participate, as directed by the City Council, in local activities initiated by other public and quasi-public agencies regarding environmental issues advise and recommend such other functions or procedures as may be assigned to them by the City Code or the Council Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of seven regular members, and one voting youth member. Regular members shall be qualified voters and residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B. Appointments and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. Emphasis in appointments will be made based on knowledge of environmental issues and their relationships to the natural environment and the quality of life in the City. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C. Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. BYLAWS Human Rights Commission (HRC) Article I: Purpose, Mission, and Prescribed Duties The Commission shall be an advisory commission to the City Council. A. Mission, Vision, Values The Commission’s mission is to help promote and nourish a safe, respectful, and welcoming community. The Commission adheres to the values and vision as set forth by the City. B. Goals Advise the City Council on human rights issues by serving the Council as an advisory board. Help build community by creating opportunities for dialogue on human rights issues. Sponsor and promote human rights educational opportunities and direct persons to resources on human rights. Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of seven regular members, and two youth voting members. Regular members shall be qualified voters and residents of the City, one of whom shall be an attorney. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B. Appointments and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C. Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Chair responsibilities include: work with staff liaison to develop meeting agendas conduct and preside at all meetings in a productive and time-efficient manner BYLAWS Open Space and Recreation Commission (OSRC) Article I: Purpose, Mission, and Prescribed Duties The mission of the Open Space and Recreation Commission shall be to advise and recommend to the Council as to recreational programs, parks, and open space in the community. Specifically, the Commission shall: develop and make recommendations to maintain and update the portion of the Comprehensive Plan relating to open space needs, parks and recreation programs, and trail systems develop and periodically review policies and plans for parks, recreation programs, use of open space, and trail systems periodically update an assessment of current programs regarding open space, parks and recreation, and trail systems periodically update an assessment of future needs regarding parks and recreation, open space, and trail systems advise the Council on cooperative agreements and policies with other public and private agencies, groups, or individuals relative to recreational programs and facilities advise Council on budget and capital outlay needs for parks and recreation, Brookview Golf Course, and park improvement fund Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of nine regular members, and one voting youth member. Regular members shall be qualified voters and residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B. Appointment and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. Emphasis in appointments will be based on knowledge of open space and recreation issues and their relationships to the quality of life in the City. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C. Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. BYLAWS Human Services Commission Article I: Purpose, Mission, and Duties The Human Services Commission exists to study human service needs in the community and recommend action to the City Council regarding funding those needs. With these goals in mind, the Commission will: Identify the community’s needs for human services. Develop guidelines to evaluate funding requests and allocate funds to human service organizations that meet the identified needs of the community. Determine funds needed and strategies to provide funding through charitable gambling proceeds, fundraisers, or community events. Encourage and enlist participation from the greater Golden Valley community. Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of seven regular members, and two business and/or non-profit organization members, and one voting youth member. Regular members shall be qualified voters and residents of the City. Business or non-profit member shall be in an official capacity at a Golden Valley based entity. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades nine through twelve. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B. Appointment and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members and business/community organization members of the Commission for three-year staggering terms. Youth members shall be appointed for a one-year term. The terms of Commissioners shall be fixed and determined at the time of appointment by the governing ordinance. Emphasis in appointments will be based on knowledge of human service needs in the community through participation in community organizations, experience and knowledge of fundraising, and evidence of personal commitment to the delivery of human service needs. Persons involved with agencies or groups that anticipate soliciting funds from the GVHSC should not seek appointment. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. C. Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. BYLAWS Planning Commission Article I: Purpose, Mission, and Prescribed Duties The City Council, by motion, approves the following list of duties which amplifies and/or gives more specific direction to the Planning Commission. The Planning Commission shall: review and make recommendations on specific development proposals made by private developers and public agencies review and make recommendations on proposed rezoning, subdivision plans, amendments to the zoning text, platting regulations, and variances and similar items having to do with administration and regulatory measures conduct special studies dealing with items such as renewal, civic design, maintenance of a suitable living and working environment, economic conditions, etc (these studies may be conducted at the initiative of the Planning Commission and/or specific direction from the City Council) review major public capital improvement plans against the policy and goals stated in the Comprehensive Plan for the area advise and make recommendations relative to housing, new development, and redevelopment projects proposed by the HRA prior to the final commitment of such projects by the HRA, which shall also relate to such responsibilities as: o making recommendations to the City Council and/or HRA on the use of Federal and State funds received for housing and community development o making recommendations to the City Council on the City’s participation in other Federal, State, Metropolitan Council, County, and Multi-City Housing and Community Development programs advise and make recommendations in matters relating to and affecting the environment, such as: o taking into account environmental concerns and the impact on the environment of any Planning Commission recommended action o to cooperate with and coordinate environmental proposals and programs with other City groups and Federal, State, Metro, County, and other municipal groups o to make such reviews of land reclamation, filling, excavation, and grading applications as are required by City ordinance or referred to the Commission by the Council, provided that no review or recommendation shall remove or limit the right of a property owner in accordance with City ordinances and the statutes and constitution of the State of Minnesota Article II: Membership, Appointments, Terms, and Officers A. Membership The Commission shall consist of seven regular members and one non-voting youth voting member. Regular members shall be qualified voters and residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. BYLAWS Board of Zoning Appeals (BZA) Article I: Purpose, Mission, and Prescribed Duties The Board of Zoning Appeals shall have the powers as provided for in City Code Section 11.90, Subd. 4. In conducting official business the Board shall: hear and decide appeals only on matters provided for in Section 11.90 Subd. 4. B of the City Code and M.S.A. 462.359 (4) hear and decide appeals only where the petition meets the specific requirements of Section 11.90 Subd. 4. C “Procedure” of the City Code and only where notices as required by the Section have been provided by the City Article II: Membership, Appointments, Terms, and Officers A. Membership The Board shall consist of six members; four regular members, one non-voting youth member, and one voting member of the Planning Commission. Regular members shall be qualified voters and residents of the City. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 through 12. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. B. Appointment and Terms Appointments are made effective May 1 of each year. The Council shall appoint four regular members and one youth member for a one-year term. The terms of Board members shall be fixed and determined at the time of appointment by the governing ordinance. The City Council shall appoint the members of the Board and to fill vacancies for unexpired terms. One rotating Planning Commissioner serves as a voting member of the Board to complete a quorum. In the absence of a regular member, a Planning Commissioner may serve as an alternate. C. Officers The Board shall elect the officers of Chair and Vice Chair by its voting members at its regular annual meeting (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate and members may only serve two consecutive years as the Chair or Vice Chair. Should the office of Chair or Vice Chair become vacant, the Board shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Board members as deemed appropriate by the Board. The Planning Commission representative may not serve as the Chair or Vice Chair. Chair responsibilities: work with staff liaison to develop meeting agendas conduct and preside at all meetings in a productive and time-efficient manner ensure the Board conducts its activities within the stated mission and bylaws of the Board monitor and ensure the progress of the Board report to the City Council Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. J. Approve Request for Deputy Registrar Reimbursement Grant and Liability Release Prepared By Susan Virnig, Finance Director Meagan Weber, Motor Vehicle Supervisor Summary Legislation included an appropriation of $13 million for deputy registrar reimbursement grants related to the development and deployment of the Minnesota License and Registration System MNLARS). The allocation formula was set by the State and approved this last legislative session. Since implementation, our office has had to use overtime to complete processes that were easier handled with the legacy software maintained by the state. At the time of implementation, certain transactions were unable to be completed or took twice as long to complete. Due to the implementation, our customer service was compromised. When customers were sent away due to the system weakness that was potential customer that may not come back to our office. This resolution will allow us along with many registrars to receive reimbursement of their time and lost transaction fees due to the new software. The deadline for the grant and liability release is June 30, 2019. Attachments Resolution Request for Deputy Registrar Reimbursement Grant (1 page) Grant Agreement (1 page) Liability Release (2 pages) Recommended Action Motion to adopt Resolution requesting for Deputy Registrar Reimbursement Grant and Liability Release. RESOLUTION NO. 19-37 RESOLUTION FOR REQUEST FOR DEPUTY REGISTRAR REIMBURSEMENT GRANT AND RELEASE WHEREAS, the State of Minnesota established a deputy registrar network to provide our citizens with motor vehicle titling and registration services, including driver license transactions; and WHEREAS, the State of Minnesota empowered the State to enter into this agreement to reimburse Deputy Registers of Minnesota in the amount of $13 million related to the development and deployment of the Minnesota License and Registration System MNLARS); and WHEREAS, the State of Minnesota will disburse from those monies an amount calculated from a formula of 10% of available funds allocated equally among all deputy registers; and WHEREAS, the State of Minnesota will disburse 45% of the funds allocated proportionally based on the number of transactions where a filing fee was retained by the deputy registrar from August 1, 2017 through December 31, 2018 compared to the total number of transactions where a filing fee is retained by all registrars; and WHEREAS, the State of Minnesota will disburse 45% of the funds allocated proportionally based on the number of transactions where a filing fee was retained by the deputy registrar from July 1, 2014 through June 30, 2017 compared to the total number of transactions where a filing fee is retained by all registrars; and WHEREAS, the City of Golden Valley’s Deputy Registrar Office #47 agrees to the grant allocation with the formula above and will be allocated $127,704.12; and WHEREAS, the Council Members will allow the Mayor and City Clerk to sign the grant agreement, and the deputy to sign the release form. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Approve the Grant Application and Liability Release for Deputy Registrar #47. Adopted by the City Council of Golden Valley, Minnesota on this 18th day of June, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Grant Agreement Page 1 of 1 Minnesota Department of Public Safety ("State") Driver and Vehicle Services 445 Minnesota Street, Suite 195 St. Paul, MN 55101 Grant Program: MN Session Laws- 2019 I" Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36 Grantee (Fill in information - Print): Grant Agreement Term: Organization Name: CA" ;or- Csj614,-10t20 Deputy Registrar Name: (kms v'" 0+ Effective Date: 6/01/2019 Deputy Registrar Address: jqw rfi'tu m, Expiration Date: 71/31/2019 M0 Remittance Address: 4qW &t,g t VAua- P-L- ;cam, Tax Identification Number: 41(r ctl;' V)0 Phone: State's Authorized Authorized Representative: Grant Agreement Amount: $127,704.12 Jeffrey Schmitz, JeffrU.schmitz@state.mn.us, 651-201-7584 Deputy Registrar No.: 047 Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date the State obtains all required signatures under Minn. Stat. § 16B.98, subd. 5 and 7. Once this grant agreement is fully executed, the Grantee will receive reimbursement pursuant to the Payment clause of this grant agreement. Per MN Session Laws- 2019 11 Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36, The Grantee Agrees to: Comply with all requirements in the request and release agreement. Per MN Session Laws- 2019 1 st Special Session, Chapter 3, Article 1, Section. 6 & Article 2, Section 36. Payment: The State will disburse the reimbursement within 30 days of the request and release agreement being returned. No Iater than July 31, 2019. Per MN Session Laws- 2019 1st Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36. 1. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: Print Nance: Title: Date: Signed: Print Name: Title: Date: 2. STATE AGENCY Signed: Title: Date: Liability Release This agreement is made and entered into by and between Deputy Registrar Appointee Printed Full Name ODeputy Registrar) and The Minnesota Department of Public Safety, the State of Minnesota, or any other past or present parents, agents, assigns, representatives, officers, or employees (collectively "The State").The parties enter into this agreement pursuant td the reimbursement grant authorized by Minnesota Session Laws 2019 1st Special Session, Chapter 3, Article 1, Section 6 & Article 2, Section 36.Therefore in consideration of the foregoing recitals, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 _ The parties wish to settle all of their differences without further costs to any of them. 2. The parties have agreed to a complete settlement of all of the disputes existing between them. 3. It is expressly understood and agreed as a condition hereof that this Agreement shall not constitute nor be construed to be an admission of any wrongdoing or liability on the part of The State. 4. The creation or payment of reimbursement grants under this section is not: (1) an admission of liability or wrongdoing by the state or its employees for any act or omission arising from the development and deployment of MNLARS; and (2) admissible in a judicial or administrative proceeding to establish liability or a legal duty. 5. In consideration for the payment described above, and in exchange for the promises herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Deputy Registrar, for themselves and all heirs, administrators, representatives, agents, attorneys, successors and assigns, completely releases and forever discharges Department of Public Safety and the State of Minnesota, and all respective present and former officers, agents, representatives, employees, attorneys, insurers, predecessors and successors in interest, and assigns, in their official and individual capacities, from each and every legal claim or demand of any kind that Deputy Registrar ever had or might now have, whether or not any such claim is known to them. This release specifically includes, without limitation, any and all claims currently made or which could have been made. B. Deputy Registrar fully understands that this is a full, final and complete release of all claims against The State, including, but not limited to, all claims under 42 U.S-C. § 1983, the Americans with Disabilities Act, the Federal Rehabilitation Act, the Minnesota Govemment 'Data Practices Act, the Minnesota Human Rights Act, and any other local, state orfederal laws, rules, regulations, ordinances or executive orders relating to illegal discrimination or tort, Deputy Registrar also understands that they are releasing all claims, including but not limited to, all claims based upon all claims for penalties, all claims for attorneys' fees, costs and disbursements incurred by Deputy Registrar or any of their attorneys, all claims for mental anguish and suffering, all claims for damage to reputation, all claims for economic loss, all claims for damages, all claims for compensatory damages, all claims for punitive damages, all claims for liquidated damages, all claims for fraud or misrepresentation, all claims that include the development and deployment of MNlARS. 7. This Agreement does not waive or release any rights or claims of any kind that Deputy Registrar may have which arise afterthey sign this Agreement, or which arise out of acts occurring after they sign this Agreement. 8. The parties understand that the release of information by The State about this matter is governed by Minn. Stat. § 13.01, et seq. (Minnesota Government Data Practices Act') and Minn. Stat. § 15.17, et seq. (°Official Records Act"). The parties agree that the specific reasons that this dispute is being settled are: (1) to avoid any and all further costs of litigation for all parties; and Z) to avoid any and all further risks of litigation for all parties. The parties agree that the statement of specific reasons in this paragraph for settling this dispute complies with the requirements of Minn. Stat_ § 13.43, subd_ 2(a)(6). 9. This Agreement is to be interpreted and enforced in accordance with the laws of the State of Minnesota. Any action to enforce this Agreement shall be adjudicated in the state courts of Minnesota. 10. The Deputy Registrar agrees that they have read this Agreement, knows its contents and has signed it as a free and voluntary act having had adequate opportunity to consider its terms and conditions. Signature of the Deputy Registrar Appointee Subscribed and sworn before me this , day of My Commission expires 1 Notary Public Signature Date Signed Notary Stamp or Seal Optional) Date Signed Signature of the State Agency Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 Agenda Item 3. K. Supporting Grant Application to Minnesota Housing Finance Agency (MHFA) for Capacity Building Initiative Funding Prepared By Emily Goellner, Senior Planner/Grant Writer Emily Anderson, Planning Intern Summary MHFA’s Capacity Building Initiative is intended to build organizational capacity to address housing disparities, empower underrepresented communities, pilot innovative solutions to housing challenges, and support inclusive communities. Funding is available to organizations and communities to use their local knowledge and creativity to develop strategies that work for them. The Capacity Building Initiative provides funding to build organizational capacity, launch creative, housing-related projects and initiatives, and promote partnerships across Minnesota. MHFA is accepting proposals for projects and activities that address root causes of disparities in homeownership and has allocated $450,000 for this initiative. Grants of up to $40,000 of one- time funding for one-year projects will be awarded in an equitable geographic distribution of funds to non-profit organizations and government agencies across the state. Funding will help grantees meet project objectives, develop a knowledge base, and the programming to ultimately increase effectiveness and impact in the long term. Through the development of the Housing Chapter of the 2040 Comprehensive Plan and the City’s 2019 Affordable Housing Work Plan, staff has identified a project that aligns well with this grant opportunity. The project involves researching how city-owned remnant land can be utilized for affordable homeownership opportunities in the future. This could potentially be administered through a community land trust model with partners such as the West Hennepin Affordable Housing Land Trust (WHAHLT) or Habitat for Humanity. To be able to achieve this goal, there is a need for in-depth legal research to better understand how the city would be able to legally utilize this land for a land trust model. The results of the legal research will guide Golden Valley’s next steps in using City-owned remnant parcels for this public purpose. Staff hopes to implement a request for proposals (RFP) for this work. The RFP would incorporate the advice received from the Rising TIDES (Trust, Inclusion, Diversity, Equity, Social Justice) Task Force and would contain criteria designed to meet MHFA’s goal of partnering with experts from underrepresented communities (people of color and indigenous people, people with disabilities, low-income people), with the goal being to identify a law firm with significant connections to and understanding of underrepresented communities to complete this research. Remnant parcels are common across the state of Minnesota. The legal research that would be accomplished if Golden Valley were awarded this grant would not only apply to Golden Valley, but would be applicable to every local government entity in the state of Minnesota. This research could open up new possibilities for leveraging publicly-owned vacant parcels for affordable housing statewide. The grant application also includes a partnership with the Golden Valley Housing Coalition and other non-profit organizations for community engagement efforts surrounding this specific pilot project and on the topic of affordable housing in general. Engaging with adjacent property owners near the currently vacant parcels as well as engagement with low-income families who could benefit from the creation of affordable and safe housing is crucial to the success of this pilot project. To achieve the grant’s goal of empowering underrepresented communities, staff hopes work in partnership with these organizations to target the outreach to families of racial minorities to help address regional trends of racial disparity in homeownership. The region currently has the highest rate of homeownership out of the top 25 most populous metro areas in the United States, yet has the largest disparity of homeownership between white residents and residents of color. In applying for this capacity building grant, Golden Valley could emerge as a leader in racial equity in housing in the Twin Cities region and could help provide affordable housing in high opportunity areas in Golden Valley. The final component of Golden Valley’s grant application to MHFA for Capacity Building Initiative Funding is a request for funds for the action of acquiring surveys, completing platting and zoning of the properties for residential use, and any other activities associated with the disposition of city- owned land. These actions would ultimately conclude a pilot program in which local government utilizes its ownership of remnant land for the creation of affordable homes in an area of high opportunity. Staff is seeking support from the City Council to apply for the Capacity Building Initiative Grant of up to $40,000 for this work, which would completed over the next 12 months (upon receipt of the grant award). There is no local match required. A resolution supporting the application is attached. Attachments • Resolution Supporting Grant Application to Minnesota Housing Finance Agency (MHFA) for Capacity Building Initiative Funding (1 page) Recommended Action Motion to adopt Resolution Supporting Grant Application to Minnesota Housing Finance Agency (MHFA) for Capacity Building Initiative Funding. RESOLUTION NO. 19-38 RESOLUTION SUPPORTING GRANT APPLICATION TO MINNESOTA HOUSING FINANCE AGENCY (MHFA) FOR CAPACITY BUILDING INTIATIVE FUNDING WHEREAS, The State of Minnesota’s housing finance agency (MHFA), works with individuals, communities and partners to create, preserve and finance affordable housing; and WHEREAS, MHFA Capacity Building Initiative Funding is available to organizations and communities to use their local knowledge and creativity to develop housing-related projects and initiatives; and WHEREAS, the Capacity Building Initiative is intended to build organizational capacity to address housing disparities, empower underrepresented communities, pilot innovative solutions to housing challenges, and support inclusive communities; and WHEREAS, at the direction of the City Council, City staff has designed a pilot program to utilize vacant, publicly-owned remnant land for affordable homeownership opportunities; and WHEREAS, the grant would fund necessary research into the utilization of publicly- owned vacant parcels for affordable housing and community outreach efforts surrounding the issue of housing affordability; and WHEREAS, the grant request is consistent with the City’s goals to address the issues of equity, racial disparity, and affordable housing as identified in the 2040 Comprehensive Plan, the City’s Rising TIDES (Trust, Inclusion, Diversity, Equity, Social Justice) platform and City Equity Plan. NOW THEREFORE BE IT RESOLVED, by the City Council of Golden Valley that the Council supports the application for funding from MHFA and authorizes submittal of a letter of support. Adopted by the City Council of Golden Valley, Minnesota on this 18th day of June, 2019. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting June 18, 2019 60 Day Deadline: June 25, 2019 Agenda Item 4. A. Public Hearing – Approval of Conditional Use Permit 166 – 1030 Angelo Drive Prepared By Jason Zimmerman, Planning Manager Summary Andy Snope is requesting a Conditional Use Permit (CUP) for 1030 Angelo Drive in order to construct a boathouse within the Shoreland Overlay District. An existing nonconforming shed would be removed and a new structure built in a conforming location. The Minnesota Department of Natural Resources (DNR) designates Sweeney Lake as a Recreational Development Lake, requiring a building setback of 75 feet from the Ordinary High Water Mark. Boathouses are allowed to be constructed within this setback through the issuance of a CUP. At the Planning Commission meeting on May 29, the Commission recommended approval (5-0) of Conditional Use Permit 166. Proposed Use The applicant is proposing to construct a larger boathouse at a higher elevation in order to store kayaks and other boating equipment. He has worked with the City to design a back yard plan that meets the requirements of the Floodplain Management, Stormwater Management, and Shoreland Overlay sections of code. The 12’ x 14’ boathouse would be located above the 831.7 foot contour and the elevation of the lowest floor would need to meet the requirements of the City’s stormwater management and floodplain management controls, which require two feet of freeboard above the base flood elevation. Zoning Analysis As noted in Section 113-149 (b) of the City Code, the State Legislature has delegated responsibility to the City “to regulate the subdivision, use and development of the shorelands of public waters and for purposes of preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of waters and related land resources.” Within the Shoreland Overlay District, boathouses are listed as uses that shall be allowed if “certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district.” The regulations of the district require that boathouses not be used for habitation and that they do not contain sanitary facilities. Neither of these restrictions are in conflict with the proposed use. A final requirement of the district is that the Commissioner of the DNR be notified of the CUP hearing. A letter was sent on April 29 but no comments have been received to date. In addition to the requirements of the Shoreland Overlay District, the side yard setback for an accessory structure in the Single-Family (R-1) Residential Zoning District is five feet from the property line. The location of the proposed boathouse meets this setback. CUP Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors (which need not be weighed equally). Any conditions imposed by the permit should respond to and attempt to mitigate impacts generated by the proposed use. Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The applicant currently utilizes a shed that is non-compliant and within an area restricted because of the elevation of the floodplain. The proposed boathouse would replace the shed in a conforming location and would be used to house boats and other boating equipment. 2. Consistency with the Comprehensive Plan Standard conditionally met. The proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan. The Zoning Code allows for boathouses in the Shoreland Overlay District. 3. Effect upon Property Values Standard met. There are no anticipated impacts from the construction of a new boathouse. 4. Effect on Traffic Flow and Congestion Standard met. There are no anticipated impacts on traffic flow or congestion. 5. Effect of Increases in Population and Density Standard met. Due to the nature of the proposed use, there are no anticipated increases in population or density. 6. Compliance with the City’s Mixed-Income Housing Policy Not applicable. 7. Increase in Noise Levels Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration Standard met. The proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance Standard met. The new boathouse, combined with recent landscaping on the property, is likely to provide an enhanced visual appearance compared to the existing structure. 11. Other Effects upon the General Public Health, Safety, and Welfare Standard conditionally met. If constructed at the proper elevation above the floodplain, the proposed use is not anticipated to have any other impacts on the surrounding area. Staff recommends approval of Conditional Use Permit 166 allowing for the construction of a boathouse within the Shoreland Overlay District at 1030 Angelo Drive. The approval of the conditional Use Permit is subject to the following conditions: 1. The boathouse shall be used solely for the storage of boats and boating equipment. 2. The boathouse shall be constructed to include two feet of freeboard above the base flood elevation of 831.7 feet (NGVD29 vertical datum). 3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Location Map (1 page) Applicant’s Narrative (1 pages) Memo to the Planning Commission, dated May 29, 2019 (4 pages) Planning Commission Minutes dated May 29, 2019 (4 pages) Photo of existing conditions with proposed location (1 page) Landscaping plan submitted February 19, 2019 (1 page) Ordinance #665, Approval of Conditional Use Permit 166 for 1030 Angelo Drive (1 page) Recommended Action Motion to adopt Ordinance #665, approval of Conditional Use Permit 166 allowing for the construction of a boathouse within the Shoreland Overlay District. 1315 l..>£U = 1301 1300 1301 C 13 00 1318 C: 1305 1300 1241 1240 1245 C < 5110 <! 1250 1231 ; 1230 1231 Alfrecd Rd 1242 1221 1220 1230 1231 1230 5045 1231 1221 1230 1201 1200 12001201 1201 1200 1201 1200 11 41 1140 1141 1140 1141 1[ 1140 1141 1140 1131 1130 1130 1131 1130 11311131 1130 Sweeney Lake 11 21 1120 1120 1121 1120 11211121 1120 Th ---,,,,,, 5320 S300 1100 5200 1100 1101 1100 5104 Subject Property: 1100 1030 Angelo Drive T otland Rd 321 5301 5221 1041 1040 5131 5111 5051 1041 1040 /, 4700 4710 1030 1031 1025 1020 1021 OlO 7 Sw eney 4720 Lake 4740 1020 1001 940 1020 5941 960 4760 z Q' .Sc 4711 931 a 930 .? 940 -;r, Swoo,u,yLaJte 4800 '0' i "' <>"'4 931 "'.,:: 924f "' 930 4820 4721 hicago Pona 920 , p 950 921 921 4840 920 4900 901 910 901 A'q'b•·Et 4821 900 Nt1l1.ne4reu 4920 900 4841 I- - ... - -, -. -, -,-., .,---,. -· 1--·t---' I --+-- • I-··f---i ' ' •+--- .• , I ; _, I . +-+ ' .. ----• I +-' +- ,__ • 820 ScM1p1:;r z Building 6 Pona Building 5 Sclta,,-::1::; Pa,k H 800 810 sc,,r.1,vt, Pa,:.. 0 810 631 650 - RE: Conditional Use Permit Application May 23, 2019 Snope 1030 Angelo Drive Dear Neighbors, My name is Andy Snope, I live at 1030 Angelo Drive with my wife Gretchen. We have applied to the City of Godden Valley for a Conditional Use Permit to construct a 12'x 14' Boat House on our property in our back yard near the lake shore. Currently we have an 8'x 8' grandfathered non-compliant shed in our back yard very close to the lake shore. Our plan is to build the new boat house at an elevation above the flood elevation and back further from the lake and remove the existing 8' x 8' shed. A conditional use permit is required by the city when constructing a boat house within the shore land overlay district in accordance with city ordinance 113-149(d)(4)b of city code. Approval of this permit requires two hearings at City Hall. The first will take place with the Planning Commission on May 29 at 7:00 pm. The second is likely to take place with the City Council on June 18 at 6:30 pm. These meetings will consist of a portion in which you will be able to make comments, voice concerns or ask questions. You will receive official notices from the City prior to each hearing and are welcome to attend and/or provide comments. Please also feel free to reach out to me or to city staff with any questions or comments before the meetings. City Planning Department: Jason Zimmerman; Planning Manager Emily Goellner; Senior Planner Lisa Wittman; Planning Administrative Assistant 763- 593-8095 planning@goldenvalleymn.gov Thank you, Andy Snope 1030 Angelo Drive 612-810-2781 andy@andysnope.com Attached: Landscape Plan with proposed boat house Satellite image with proposed boat house Hennepin County property map city 0 golden MEMORANDUM valley Planning Department 763-593-8095/763-593-8109(fax) Date: May 29, 2019 To:Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Conditional Use Permit (CUP-166) to Allow for the Construction of a Boathouse within the Shoreland Overlay District Property address: 1030 Angelo Drive Applicants: Andy Snope Property owners: same as applicant Zoning District: R-1 with Shoreland Overlay Lot size: 32,784 sq. ft. (0.75 acres) Current use: Single-family home Proposed use: Single-family home Future land use: Low Density Residential Adjacent uses: Single-family residential (north, west, south); Sweeney Lake (east) v 1120 112 1'410 c ir'7 OW 1041 1 141,1 IC716 v 7001 ^ G!e^'. ' q.; r a rr•... Y g 7 y f 4 r 9 402 7JJ 777 92 20 t ti !!M. 4..t 1 j r1 IDIO 90 92 yA'7 909.. r 1 1920 1 y 2018 aerial photo(Hennepin County) 1 Summary Andy Snope is requesting a Conditional Use Permit (CUP) for 1030 Angelo Drive in order to construct a boathouse within the Shoreland Overlay District. An existing nonconforming shed would be removed and a new structure built in a conforming location. The Minnesota Department of Natural Resources (DNR) designates Sweeney Lake as a Recreational Development Lake, requiring a building setback of 75 feet from the Ordinary High Water Mark. Boathouses are allowed to be constructed within this setback through the issuance of a CUP. Existing Conditions The subject property, which sits on the southwestern shore of Sweeney Lake, contains an 8' x 8' shed that sits just a few feet from the water as a "nonconforming substandard use." An extensive rear yard landscaping project undertaken in 2018 has resulted in an improved layout providing a natural stone patio and fire pit area as well as vegetation for erosion control below the 831.7 foot contour which marks the base flood elevation of Sweeney Lake. If the CUP is approved,the existing shed would be removed. Proposed Use The applicant is proposing to construct a larger boathouse at a higher elevation in order to store kayaks and other boating equipment. He has worked with the City to design a back yard plan that meets the requirements of the Floodplain Management, Stormwater Management, and Shoreland Overlay sections of code. The 12' x 14' boathouse would be located above the 831.7 foot contour and the elevation of the lowest floor would need to meet the requirements of the City's stormwater management and floodplain management controls, which require two feet of freeboard above the base flood elevation. Neighborhood Notification The applicant delivered a letter of notification to all properties within 500 feet of the subject property. To date, staff has not been contacted regarding any questions or concerns. Zoning Considerations As noted in Section 113- 149 (b) of the City Code,the State Legislature has delegated responsibility to the City "to regulate the subdivision, use and development of the shorelands of public waters and for purposes of preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of waters and related land resources." Within the Shoreland Overlay District, boathouses are listed as uses that shall be allowed if"certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district." The regulations of the district require that boathouses not be used for habitation and that they do not contain sanitary facilities. Neither of these restrictions are in conflict with the proposed use. A final requirement of the district is that the Commissioner of the DNR be notified of the CUP hearing. A letter was sent on April 29 but no comments have been received to date. 2 In addition to the requirements of the Shoreland Overlay District,the side yard setback for an accessory structure in the Single-Family (R-1) Residential Zoning District is five feet from the property line. The location of the proposed boathouse meets this setback. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors (which need not be weighed equally): Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The applicant currently utilizes a shed that is non-compliant and within an area restricted because of the elevation of the floodplain. The proposed boathouse would replace the shed in a conforming location and would be used to house boats and other boating equipment. 2. Consistency with the Comprehensive Plan Standard conditionally met. The proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan. The Zoning Code allows for boathouses in the Shoreland Overlay District. 3. Effect upon Property Values Standard met. There are no anticipated impacts from the construction of a new boathouse. 4. Effect on Traffic Flow and Congestion Standard met. There are no anticipated impacts on traffic flow or congestion. 5. Effect of Increases in Population and Standard met. Due to the nature of the Density proposed use, there are no anticipated increases in population or density. 6. Compliance with the City's Mixed-Income Not applicable. Housing Policy 7. Increase in Noise Levels Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not Vibration anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 3 9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance Standard met. The new boathouse, combined with recent landscaping on the property, is likely to provide an enhanced visual appearance compared to the existing structure. 11. Other Effects upon the General Public Standard conditionally met. If constructed at Health, Safety, and Welfare the proper elevation above the floodplain, the proposed use is not anticipated to have any other impacts on the surrounding area. The Engineering Division has reviewed the application and supports approval of the CUP. Recommended Action Based on the findings above, staff recommends approval of Conditional Use Permit 166 allowing for the construction of a boathouse within the Shoreland Overlay District at 1030 Angelo Drive. The approval of the Conditional Use Permit is subject to the following conditions: 1. The boathouse shall be used solely for the storage of boats and boating equipment. 2. The boathouse shall be constructed to include two feet of freeboard above the base flood elevation of 831.7 feet (NGVD29 vertical datum). 3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Location Map (1 page) Applicant Narrative (1 page) Landscaping plan submitted February 19, 2019 (1 page) Photo of existing conditions with proposed location (1 page) 4 7800 Golden Valley Road I Golden Valley,MN 55427 763 593 39921 TTY 763 593 3968 1 763 593-8109(fax)1 www.goiderivalleymn.gov f Planning Commission May 29, 2019—7 pm Council Chambers REGULAR MEETING MINUTES Golden Valley City Hall 7800 Golden Valley Road Call to Order e meeting was called to order at 7 pm by Ch Blum. Rol II Comm ioners present: Rich Baker, Ron B m, Adam Brookins, Andy Johnson, Ryan Sadeghi Commiss ers absent: Lauren Pockl, Ch k Segelbaum Staff presen Planning Manag Jason Zimmerman, Administrative ant Lisa Wittman Council Liaison sent: None Approval of Agenda MOTION made by Johnso conded by Ba er to approve genda of May 29, 2019, as submitted and the motion carried unani sly. Approval of Minutes May 13, 2019, Regular Planning Commis ' eeting Johnson referred to the subject pen sp ces du the Mixed Use Zoning District discussion. He said the minutes didn't seem to ect the dis ssion as it ted to public versus private open spaces. Blum asked if the ult mentioned by s ff is that the open s e referred to in the Mixed Use Zoning Districts were ate, not public. Zimme an said yes and referre page three of the minutes where the discus ' was about how it would b difficult to require open spa be dedicated for public use. M N made by Baker, seconded by J nson to approve the May 13, 2019, m tes as submitted and motion carried unanimously. 1. Public Hearing Applicant: Andy Snope Address: 1030 Angelo Drive Purpose: A Conditional Use Permit to allow for a boathouse within the Shoreland Overlay District Zimmerman referred to a location map and explained the applicant's request to construct a boathouse within the Shoreland Overlay district. He stated that boathouses are the only structures allowed within the Shoreland Overlay district and by conditional use only. He referred to aerial photos of the property and noted that there is currently an 8' x 8' shed on the property, also in the Shoreland Overlay district that would be removed as part of this proposal. This document is available in alternate formats upon a 72-hour request. Please call L- 593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats include large print, electronic, Braille, audiocassette,etc. City of Golden Valley Planning Commission Regular- Meeting 2 May 29, 2019 — 7 pm Zimmerman stated that the applicant did an extensive rear yard landscaping project last year which included plans for a boathouse and that the applicant worked closely with the City to address Shoreland Overlay, Floodplain, and many other regulations. Zimmerman referred to the language in the Shoreland Overlay District code and stated that the purpose of the District is "to regulate the development of the shorelands of public waters." The language also states that boathouses shall be allowed if "certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district," and that the DNR Commissioner must be notified. Zimmerman referred to a landscaping plan and discussed the location of the floodplain and the Shoreland Overlay district. He showed where the boathouse is proposed to be built and stated that it would be 12' x 14' in size, would be located further away from the lakeshore, and would be used to store kayaks and other boating equipment. He added that the proposed boathouse would meet the setback requirements which are 75 ft. from the ordinary high water mark of Sweeney Lake, and 5 ft. from the side yard property line. The proposed boathouse would also meet the engineering requirement that the lowest floor opening be at least 2 ft. above the floodplain elevation (831.7') Zimmerman referred to the evaluation factors used when considering conditional use permits and said that the vast majority of them aren't applicable for a boathouse. He said staff is recommending approval of the Conditional Use Permit with two conditions. The first is that the boathouse is to be used solely for the storage of boats and boating equipment and the second is that the boathouse construction must include 2' of freeboard above the base floor elevation of 831.7'. Baker asked if there is a DNR permit required, or just notification. He also asked if the notice went to the DNR Commissioner or to a hydrologist. Zimmerman stated that the City Code requires notification be sent to the DNR Commissioner and that was done on April 29. Baker referred to the staff report where it states "...within the Shoreland Overlay District, boathouses are listed as uses that shall be allowed if certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district." He said he is wondering about the word "incompatibility" and the words "certain conditions" and he thinks there should be a finding about certain conditions having been met outside of the Conditional Use Permit. Zimmerman said his reading of that language is that the City can impose conditions to make this use (boathouse) compatible and the only conditions staff thought were appropriate were about the use and the elevation. He added that otherwise, the boathouse use is compatible with the single family homes up and down the shore. Baker said the word "incompatible" is undefined and depends on staff subjectively deciding on compatibility. Zimmerman said yes, but this is an allowed use unless the City finds it so incompatible that there needs to be conditions or other regulations added. Johnson asked how a boathouse is different than a shed or other structure. Zimmerman said all boathouses are sheds, but not all sheds are boathouses so if it is storing boats and boating equipment by definition it is a boathouse. He added that a structure built in the Shoreland Overlay District that wasn't City of Golden Valley Planning Commission Regular Meeting 3 May 29, 2019— 7 pm used for boating related activities wouldn't be allowed. Johnson asked if a site plan review is required. Zimmerman said no. Baker asked if there are any limits to the size of a boathouse. Zimmerman said not specifically for boathouses, but once an accessory structure is more than 200 square feet in size a building permit is required and that detached accessory structures are not allowed to be larger than 800 square feet. Andy Snope, Applicant, said he is proposing a simple boathouse and that he is trying to do restorative measures to the lakeshore by removing the old shed and hopefully creating more of a buffer than what is currently there. Baker referred to the photos submitted and said it looks like there is blue grass down to shore. He asked Snope if he is going to change that to include more natural vegetation. Snope said the existing conditions include sod down to the lake but he has been working on creating a buffer by letting the area grow naturally and encroach into the existing grass. Blum opened the public hearing. Hearing and seeing no one wishing to comment, Blum closed the public hearing. Baker said he is supportive of the proposal. Sadeghi agreed. Johnson referred to the second factor of evaluation listed in the staff report where it states that the proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan and asked if they've always used a double negative. Zimmerman said staff has tried to use the language from the Code and that he thinks it gives the Planning Commission some room to point issues out as needed. Blum asked staff to comment as to whether a boathouse is a common structure in this particular location on the shoreline in that neighborhood. Zimmerman said boathouses are not uncommon structures but he knows of only one other newly constructed boathouse that has gone through the Conditional Use Permit approval process. He added that the others have been there a long time and are probably grandfathered-in. Blum said he thinks having a boathouse on a shoreline is consistent with the Comprehensive Plan in regards to wanting to maintain areas that useful to the public, or for social or other reasonable uses. MOTION made by Brookins, seconded by Johnson to recommend approval of Conditional Use Permit 166 allowing for a boathouse in the Shoreland Overlay District at 1030 Angelo Drive subject to the findings and recommendations listed below. Blum added that he finds that the discussion of the factors of evaluation are well reasoned and point definitively towards being in favor of recommending approval of the application and he would make similar findings in all regards as they've been presented to the Planning Commission and the motion carried unanimously: City of Golden Valley Planning Commission Regular Meeting May 29, 201.9 --7 pm Findings: 1. Demonstrated Need for Proposed Use: Standard met. The applicant currently utilizes a shed that is non-compliant and within an area restricted because of the elevation of the floodplain. The proposed boathouse would replace the shed in a conforming location and would be used to house boats and other boating equipment. 2. Consistency with the Comprehensive Plan: Standard conditionally met. The proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan. The Zoning Code allows for boathouses in the Shoreland Overlay District. 3. Effect upon Property Values: Standard met. There are no anticipated impacts from the construction of a new boathouse. 4. Effect on Traffic Flow and Congestion: Standard met. There are no anticipated impacts on traffic flow or congestion. 5. Effect of Increases in Population and Density: Standard met. Due to the nature of the proposed use, there are no anticipated increases in population or density. 6. Compliance with the City's Mixed-Income Housing Policy: Not applicable. 7. Increase in Noise Levels: Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration: Standard met. The proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin: Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance: Standard met. The new boathouse, combined with recent landscaping on the property, is likely to provide an enhanced visual appearance compared to the existing structure. 11. Other Effects upon the General Public Health, Safety, and Welfare: Standard conditionally met. If constructed at the proper elevation above the floodplain, the proposed use is not anticipated to have any other impacts on the surrounding area. Conditions: 1. The boathouse shall be used solely for the storage of boats and boating equipment. 2. The boathouse shall be constructed to include two feet of freeboard above the base flood elevation of 831.7 feet (NGVD29 vertical datum). 3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Short Recess-- Coun Liaison Report No repo as given. Reports on Me ' gs of a Housin edevelopment Authority, City Council, Board of Zoning Appeals, and othe ee ngs Johnson reported on y 28, 2019, Board of Zoning Appeals meeting. F f K•1010lee R x f m LLI L'Y1n W r•/ oo WLLy ki s y ZLnp W Q' W r. Qul G m W t ., R.• M , OOoo Oa tQ! i 14 14 41 3, f 7rq_ kLIr f' 44w52SRd ae.. eP 1 = s r r 31 00 0 s ORDINANCE NO. 665 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 166 1030 Angelo Drive Andy Snope, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55, Subd. b, and Section 113-149, by approving a Conditional Use Permit for certain tracts of land located at 1030 Angelo Drive, thereby allowing for a boathouse in the Shoreland Overlay District. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on June 18, 2019. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. The boathouse shall be used solely for the storage of boats and boating equipment. 2. The boathouse shall be constructed to include two feet of freeboard above the base flood elevation of 831.7 feet (NGVD29 vertical datum). 3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tracts of land affected by this ordinance are legally described as follows: Lot 1, Block 1, Adeline Addition, Hennepin County, Minnesota Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of June, 2019. s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: s/ Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting June 18,2019 Agenda Item 4.B.Public Hearing to Vacate Easements at 5900 and 6100 Golden Hills Drive,Golden Hills Business Park PUD 78 Prepared By Eric Eckman,Development and Assets Supervisor Summary The owners of the property at 5900 and 6100 Golden Hills Drive,Golden Hills Business Park,were approved for a PUD amendment to make minor changes to the site.This amendment prompted a review of the easements and utilities serving the site.Upon review,it was determined that most of the public easements on the property contain privately owned utilities and therefore the easements can be vacated.The easements proposed for vacation are highlighted in red in the attached exhibit. As part of this process the City and owners will enter into a maintenance agreement to outline the owners’responsibilities with respect to the private utilities. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners.Staff sent a letter to all private utility companies requesting their review and comment,and there have been no objections to this easement vacation.Since the easements are not adjacent to a public water,notice to the Commissioner of Natural Resources is not required. In accordance with state statutes,a four fifths majority vote in favor of the resolution is required to approve this easement vacation. Attachments Easement Vacation Exhibit 1 page) Resolution Vacating Easements at 5900 and 6100 Golden Hills Drive 4 pages) Maintenance Agreement 14 pages) Recommended Action Motion to adopt Resolution vacating Easements at 5900 and 6100 Golden Hills Drive. Motion to approve the Maintenance Agreement. Easement Vacation Exhibit RESOLUTION NO. 19-39 RESOLUTION VACATING EASEMENTS AT 5900 AND 6100 GOLDEN HILLS DRIVE WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has conducted a public hearing on the vacation of certain drainage and utility easements on the property commonly known as 5900 Golden Hills Drive and 6100 Golden Hills Drive, legally described as follows: Lot 2, Block 1, Golden Hills West P.U.D. No. 78 Lot 1, Block 1, Golden Hills West P.U.D. No. 78, except that part thereof embraced within Lots 4 and 5, Block 1, Merchant’s Industrial Park; also except that part of said Lot 1 embraced within the portion of Lot 1, Block 1, Merchant’s Industrial park 2nd Addition lying Southerly of the South line of Lot 10, Block 1, Merchant’s Industrial Park and its Easterly extension (the Subject Property”). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, no public utilities exist within the drainage and utility easements proposed for vacation; and WHEREAS, the City has evaluated its interest and use of the property; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said drainage and utility easements located in the Subject Property and legally described below be vacated: A variable width drainage and utility easement to be vacated lying within Lot 1, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, Hennepin County, MN. Said easement to be vacated is described as follows: Commencing at the northwest corner of said Lot 1; thence South 0 degrees 01 minutes 36 seconds East, assumed bearing along the west line of said Lot 1, a distance of 61.28 feet; thence North 87 degrees 52 minutes 36 seconds East, a distance of 10.01 feet to the easterly line of the westerly 10.00 feet of said Lot 1 and the point of beginning of said easement to be vacated; thence continuing North 87 degrees 52 minutes 36 seconds East, a distance of 308.45 feet; thence South 61 degrees 30 minutes 43 seconds East, a distance of 244.15 feet; thence South 0 degrees 01 minutes 36 seconds East, a distance of 92.34 feet; thence North 89 degrees 59 minutes 30 seconds East, a distance of 31.80 feet to the westerly line of the easterly 10.00 feet of said Lot 1; thence South 0 degrees 01 minutes 36 seconds East along said westerly line of the easterly 10.00 feet of said Lot 1, a distance of 25.00 feet; thence South 89 degrees 59 minutes 30 seconds West, a Resolution No. 19-39 -2- June 18, 2019 distance of 15.00 feet; thence North 00 degrees 01 minutes 36 seconds West, a distance of 5.00 feet; thence South 89 degrees 59 minutes 30 seconds West, a distance of 36.80 feet; thence North 00 degrees 01 minutes 36 seconds West, a distance of 100.44 feet; thence North 61 degrees 30 minutes 43 seconds West, a distance of 212.52 feet; thence South 28 degrees 29 minutes 17 seconds West, a distance of 7.00 feet; thence North 61 degrees 30 minutes 43 seconds West, a distance of 26.09 feet; thence South 87 degrees 52 minutes 36 seconds West, a distance of 248.81 feet; thence South 02 degrees 07 minutes 24 seconds East, a distance of 36.91 feet; thence South 87 degrees 52 minutes 36 seconds West, a distance of 20.00 feet; thence North 02 degrees 07 minutes 24 seconds West, a distance of 36.91 feet; thence South 87 degrees 52 minutes 36 seconds West, a distance of 21.16 feet to said easterly line of the westerly 10.00 feet of said Lot 1; thence North 00 degrees 01 minutes 36 seconds West along said easterly line of the westerly 10.00 feet of said Lot 1, a distance of 20.01 feet to the point of beginning. A 20-foot wide drainage and utility easement to be vacated lying within Lot 1, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, Hennepin County, MN. The centerline of said easement to be vacated is described as follows: Commencing at the southeast corner of said Lot 1; thence South 87 degrees 34 minutes 39 seconds West, assumed bearing along the south line of said Lot 1, a distance of 409.14 feet to a point of curvature; thence, continuing along said south line, southwesterly 63.40 feet along a tangential curve concave to the south having a radius of 220.00 feet and a central angle of 16 degrees 30 minutes 42 seconds; thence North 02 degrees 25 minutes 36 seconds West, a distance of 10.41 feet to the northerly line of the southerly 10.00 feet of said Lot 1 and the point of beginning of the centerline to be described; thence continuing North 02 degrees 25 minutes 36 seconds West, a distance of 156.97 feet and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate on said northerly line of the southerly 10.00 feet of said Lot 1. A 20-foot wide drainage and utility easement to be vacated lying within Lot 1, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, Hennepin County, MN. The centerline of said easement to be vacated is described as follows: Commencing at the southeast corner of said Lot 1; thence South 87 degrees 34 minutes 39 seconds West, assumed bearing along the south line of said Lot 1, a distance of 252.55 feet; thence North 02 degrees 02 minutes 11 seconds West, a distance of 10.00 feet to the northerly line of the southerly 10.00 feet of said Lot 1 and the point of beginning of the centerline to be described; thence continuing North 02 degrees 02 minutes 11 seconds West, a distance of 102.67 feet; thence South 87 degrees 34 minutes 24 seconds West, a distance of 25.54 feet and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate on said northerly line of the southerly 10.00 feet of said Lot 1. Resolution No. 19-39 -3- June 18, 2019 A 20-foot wide drainage and utility easement to be vacated lying within Lot 2, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, Hennepin County, MN. The centerline of said easement to be vacated is described as follows: Commencing at the southwest corner of said Lot 2; thence North 00 degrees 01 minutes 36 seconds West, assumed bearing along the west line of said Lot 2, a distance of 106.34 feet; thence South 89 degrees 35 minutes 30 seconds East, a distance of 26.00 feet to the easterly line of the westerly 26.00 feet of said Lot 2 and the point of beginning of the centerline to be described; thence continuing South 89 degrees 35 minutes 30 seconds East, a distance of 224.82 feet and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate on said easterly line of the westerly 26.00 feet of said Lot 2. A 20-foot wide drainage and utility easement to be vacated lying within Lot 2, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, Hennepin County, MN. The centerline of said easement to be vacated is described as follows: Commencing at the southwest corner of said Lot 2; thence North 00 degrees 01 minutes 36 seconds West, assumed bearing along the west line of said Lot 2, a distance of 260.88 feet; thence South 89 degrees 35 minutes 30 seconds East, a distance of 26.00 feet to the easterly line of the westerly 26.00 feet of said Lot 2 and the point of beginning of the centerline to be described; thence continuing South 89 degrees 35 minutes 30 seconds East, a distance of 34.43 feet and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate on said easterly line of the westerly 26.00 feet of said Lot 2. A 20-foot wide drainage and utility easement to be vacated lying within Lot 2, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, Hennepin County, MN. The centerline of said easement to be vacated is described as follows: Commencing at the northwest corner of said Lot 2; thence South 00 degrees 01 minutes 36 seconds East, assumed bearing along the west line of said Lot 2, a distance of 240.33 feet; thence North 59 degrees 50 minutes 22 seconds East, a distance of 294.81 feet; thence North 37 degrees 55 minutes 48 seconds West, a distance of 10.09 feet to the northerly line of an existing 20-foot wide drainage and utility easement as dedicated in the plat of GOLDEN HILLS WEST P.U.D. NO. 78, and point of beginning of the centerline to be described; thence continuing North 37 degrees 55 minutes 48 seconds West, a distance of 37.47 feet and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate on said northerly line of the existing drainage and utility easement. A 20-foot wide drainage and utility easement to be vacated lying within Lot 2, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, Hennepin County, MN. The centerline of said easement to be vacated is described as follows: Resolution No. 19-39 -4- June 18, 2019 Commencing at the northeast corner of said Lot 2; thence South 87 degrees 50 minutes 03 seconds West, assumed bearing along the north line of said Lot 2, a distance of 139.51 feet; thence South 00 degrees 15 minutes 55 seconds East, a distance of 68.48 feet to the point of beginning of the centerline to be described; thence continuing South 00 degrees 15 minutes 55 seconds East, a distance of 295.77 feet to the westerly line of the existing drainage and utility easement as dedicated in plat of GOLDEN HILLS WEST P.U.D. NO. 78 and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate on said westerly line of the existing drainage and utility easement. Adopted by the City Council of Golden Valley, Minnesota this 18th day of June, 2019 Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk MAINTENANCE AGREEMENT THIS AGREEMENT is made this ____ day of ______________, 2019, by and between the City of Golden Valley, Minnesota, a municipal corporation (the “City”), AE 5900 Golden Hills Owner, LLC, a Delaware limited liability company, and AE 6100 Golden Hills Owner, LLC, a Delaware limited liability company, (collectively, “Owners”) with reference to the following facts and circumstances: 1)AE 5900 Golden Hills Owner, LLC is the fee owner of certain real property situated in the City of Golden Valley, Hennepin County, Minnesota and legally described as Lot 2, Block 1, Golden Hills West P.U.D. No. 78. 2)AE 6100 Golden Hills Owner, LLC is the fee owner of certain real property situated in the City of Golden Valley, Hennepin County, Minnesota and legally described as Lot 1, Block 1, Golden Hills West P.U.D. No. 78, except that part thereof embraced within Lots 4 and 5, Block 1 Merchant’s Industrial Park; also except that part of said Lot 1 embraced within the portion of Lot 1, Block 1, Merchant’s Industrial Park 2nd Addition lying Southerly of the South line of Lot 10, Block 1, Merchant’s Industrial Park and its Easterly extension. 3)On March 19, 2019, the City approved Owners’ application to amend the Golden Hills West P.U.D. No. 78 (the “P.U.D. Amendment”). As a condition of its approval of the P.U.D. Amendment, the City required that the Owners enter into an agreement with the City for the maintenance of certain utilities on the Property. 4) Owners and the City desire to enter into this agreement to establish the maintenance obligations described more fully below. NOW THEREFORE, the parties agree as follows: 1) Description of the Utilities. The Utilities shall consist of the following and are generally shown in Exhibit A and labeled “Owner’s Responsibility” therein: a. All storm sewer mains, structures and appurtenances that make up the storm sewer system within the Property, and portions of the storm sewer system which extend into public right-of-way or easements to connect to the City’s storm sewer system, including the point of connection to the City’s system (collectively, the “Storm Sewer”). b. All sanitary sewer mains and service laterals extending from the City’s sanitary sewer mains within the streets to each of the lots and structures within the Property including the point of connection to the City’s sanitary sewer mains (collectively, the “Sanitary Sewer”). c. All water mains and services, fire suppression lines and appurtenances, hydrants, hydrant leads, and valves serving the lots and structures within the Property (collectively, the “Water”). 2) Owners’ Responsibilities. Owners shall be responsible for all maintenance, repair and replacement of the Utilities at Owners’ sole expense, including without limitation: a. All maintenance, repair and replacement of the Storm Sewer needed to ensure that stormwater flow is contained in and discharged to its intended locations. Maintenance includes: i. Once every three years, complete Exhibit B Storm Sewer Inspection and Maintenance report and submit all paid invoices for inspection and maintenance. b. All maintenance, repair and replacement of the Sanitary Sewer. The Sanitary Sewer shall be inspected and cleaned a minimum of once every three years with standard sewer cleaning equipment as evidenced by closed circuit TV video and paid invoices. c. All maintenance, repair and replacement of the Water, including: i. Completion of Exhibit C Private Hydrant Inspection and Maintenance report and submittal of paid invoices for inspection and maintenance. ii. Such inspection shall include fully opening and flowing each hydrant at least once per year. iii. Lubrication and part replacement as recommended by the manufacturer. Owners shall provide the City written documentation that they have performed the required inspections and maintenance outlined in sections a-c above no later than November 1 each year. 3) Right of Entry. The City may enter the Property for the purposes of inspection and enforcement of Owners’ obligations under this Agreement. This right of entry includes the right of the City, its contractors, employees, agents and assigns to: a. Reasonable right of ingress and egress to perform Owners’ obligations pursuant to paragraph 2 herein; and b. Locate, construct, reconstruct, operate, maintain, inspect, alter and repair the Utilities; c. Cut, trim or remove from the Property any trees, shrubs, vegetation or improvements that in the City’s judgment unreasonably interfere with the Utilities or the City or Owners’ access to the Utilities. If Owners fail to perform their obligations hereunder, the City shall provide written notice of default to Owners before taking any corrective action. If Owners fail to cure the default within 30 days, then the City may take whatever actions are reasonably necessary to fulfill the obligations of Owners under this Agreement. Upon written demand accompanied by reasonable documentation of any expenses sought to be reimbursed by the City, Owners shall, within 30 days, reimburse the City for its reasonable out-of-pocket costs. If Owners fail to reimburse the City within 30 days, then the City may recover its reasonable costs by assessing the amounts against the Property to be collected with property taxes. Owners shall be jointly and severally liable for all such costs and expenses and waive all rights that they might have to receive notice and a hearing or to contest these assessments, including without limitation any rights Owners may have under Minnesota Statutes, section 429.081. Further, the City may enforce the terms of this Agreement by any proceeding in law or in equity to restrain violation, compel compliance, or to recover damages, including attorneys’ fees and costs of the enforcement actions. 4) Nonwaiver and Severability. No party’s failure or neglect to enforce any of its rights under this Agreement will be deemed to be a waiver of that party’s rights. Invalidation of any of the terms of this Agreement will in no way affect any of the other terms, which will remain in full force and effect. 5) Warranty of Owner. Each Owner warrants and represents for itself that (i) it is the sole fee owner of its respective Property; (ii) it has all requisite power and authority to execute and deliver this Agreement and to perform all of the obligations required hereunder; (iii) it is not required to obtain any consent or approval of any person or entity as a condition to it entering into this Agreement, or if any such required consent or approval of is required, it has been obtained; and (iv) if, as of the recording of this Agreement, any party has a mortgage or other lien against the Property with such lien having or purporting to have priority over this Agreement, such party has executed a Consent and Joinder by Mortgagee, and any such Consent and Joinder shall be attached to the recorded original of this Agreement. 6) Runs with the Land. The obligations contained herein run with the land and are binding on Owners and their respective heirs, successors and assigns. 7) Amendments. This Agreement may not be amended without the written approval of the parties. 8) Hold Harmless & Indemnity. Owners shall hold the City and its respective officers, agents, elected officials, and employees harmless from claims made by Owners and third parties, including but not limited to other property owners, tenants, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries arising from or relating to this Agreement. Owners shall indemnify the City and its officers, agents, elected officials, and employees for all costs, damages, or expenses, including reasonable engineering and attorney's fees, which the City may pay or incur in consequence of such claims. The indemnity obligations set forth in this section shall survive any termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. Remainder of Page Intentionally Left Blank. Signature Pages Follow] AE 5900 GOLDEN HILLS OWNER, LLC By: Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this ____ day of ______________, 2019, by ______________________, the ___________________ of AE 5900 Golden Hills Owner, LLC, a limited liability company under the laws of Delaware, on behalf of the company. Notary Public AE 6100 GOLDEN HILLS OWNER, LLC By: Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this ____ day of ______________, 2019, by ______________________, the ___________________ of AE 6100 Golden Hills Owner, LLC, a limited liability company under the laws of Delaware, on behalf of the company. Notary Public CITY OF GOLDEN VALLEY By: Shepard M. Harris, Mayor By: Timothy J. Cruikshank, City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was executed and acknowledged before me on this day of ____________ 2019, by Shepard M. Harris and Timothy J. Cruikshank, Mayor and City Manager, respectively, of the City of Golden Valley, a Minnesota municipal corporation. Notary Public This instrument was drafted by: City of Golden Valley (MTC) 7800 Golden Valley Road Golden Valley, MN 55427 Exhibit A: Depiction of Utilities Exhibit B Storm Sewer Inspection and Maintenance report Storm Sewer Inspection and Maintenance report Date of Inspection: Inspection Location: Field Inspector(s): Reason for Inspection: Current Weather: Rain (inches): In Last 24 hrs: In Last Week: Facility Type Location Sediment Build-up Maintenance Needed Maintenance Follow-up Inlet, Outlet, MH, Pipe, Pond) ID# / GPS Description Depth in) Needs Removal? Code Description/Action Needed Date Completed Initials Maintenance Codes: 1 – Accumulated Sediment 2 – Trash & Debris 3 – Vegetation Concerns 4 – Water Quality Concerns 5 – Impeded Water Flow 6 – Erosion 7 – Structural Repairs 8 – Cover/Frame/Grate 9 – Damaged Pipes 10 – Mosquito/Vector Breeding 11 – Other 12 – Could Not Locate Maintenance Standards Catch Basins and Manholes Maintenance Code Type Conditions When Maintenance Is Needed 1 Sediment Sediment exceeds 60% of sump depth. Sediment depth within 6 inches of the invert of the lowest pipe. 2 Trash & Debris Trash or debris in front of catch basin opening or blocking inlet by more than 10%. Trash or debris exceeds 60% of sump depth. Trash or debris within 6 inches of the invert of the lowest pipe. Trash or debris blocking more than 1/3 of any inlet or outlet pipe. Trash and debris blocking more than 20% of grate surface. Dead animals or vegetation that generate odors and cause complaints or dangerous gases (e.g., methane). 3 Vegetation Vegetation growing across and blocking more than 10% of the grate opening. Vegetation growing in inlet/outlet pipe joints that is more than six inches tall. 4 Water Quality Any evidence of oil, gasoline, contaminants or other pollutants . Water flowing in catch basin during dry weather – report as potential illicit discharge concern. 5 Water Flow Impeded water flow due to vegetation or sediment (use appropriate code from above). 6 Erosion N/A 7 Cover/Frame/ Grate Cover is missing or only partially in place. One maintenance person cannot remove lid after applying normal lifting pressure. Frame separated by more than ¾ inch from top slab. Frame not securely attached. Locking mechanism cannot be opened by one maintenance person with proper tools. Bolts into frame have less than 1/2 inch of thread. Grate with opening wider than 7/8 inch. Grate damaged or missing. 8 Structure Top slab with holes larger than 2 square inches or cracks wider than 1/4 inch. Fractures or cracks in basin walls or bottom. Grout at inlet/outlet pipes has separated or cracked wider than ½ inch and longer than one foot. Soil is entering the catch basin through cracks in the structure. Settlement has created a safety, function, or design problem. Field inspector judges that structure is unsound. 9 Damaged Pipes Inlet or outlet piping damaged or broken and in need of repair. Maintenance Code Type Conditions When Maintenance Is Needed 10 Mosquito Vector Breeding Suitable habitat exists for mosquito production (e.g. standing water for more than 72 hours in areas accessible to mosquitoes.) 11 Other Ladder is unsafe due to missing rungs, not securely attached to basin wall, misalignment, rust, cracks, or sharp edges. Catch basin insert requires replacement if: Sediment, trash or debris blocks water flow through the insert, Effluent water from the insert has a visible sheen, or Insert is saturated with water or oil and can no longer absorb. 12 Could Not Locate Field inspectors are unable to locate the catch basin or manhole. Maintenance Standards Conveyance Systems (Pipes and Ditches) Maintenance Code Type Conditions When Maintenance Is Needed 1 Sediment Sediment or debris exceeds 20% of pipe diameter or 20% of debris barrier openings. Accumulated sediment that exceeds 20% of the design depth of the ditch. 2 Trash & Debris Trash and debris accumulated in pipe or ditch. Visual evidence of dumping 3 Vegetation Vegetation reduces movement of water through pipes. Excessive vegetation that reduces free movement of water through ditches. 4 Water Quality Any evidence of oil, gasoline, contaminants or other pollutants. Water flowing in pipes or ditch during dry weather – report as potential illicit discharge concern. 5 Water Flow Impeded water flow due to vegetation or sediment (use appropriate code from above). Standing water in the pipe or swale between storm events. 6 Erosion Erosion damage over 2 inches deep where cause is still present or there is potential for continued erosion. Native soil is visible beneath the rock lining of a conveyance ditch. 7 Cover/Frame/ Grate N/A 8 Structure Debris barrier/trash rack is missing or not attached to pipe. Debris barrier/trash rack bars are bent by more than 3 inches. Debris barrier/trash rack bars are loose or rust is causing 50% deterioration to any part of the barrier. 9 Damaged Pipes Protective coating is damaged or rust is causing more than 50% deterioration to any part of pipe. Any dent that decreases the flow area by more than 20% or puncture that impacts performance. 10 Mosquito Vector Breeding Suitable habitat exists for mosquito production (e.g. standing water for more than 72 hours in areas accessible to mosquitoes.) 11 Other 12 Could Not Locate Field inspectors are unable to locate the pipe or ditch. City of Golden Valley Private Hydrant Inspection and Maintenance report Business/ Property Information: Inspection Date:_________________________ Building / Company name: ____________________ ___________________________________________ Address: ___________________ _______ _______________________________________ Contact Name/ Phone# / Email: __________ __________________________________________ Hydrant#, if known: _______ Hydrant Year, Make, & Model Hydrant location: ___________________________________________ Hydrant service condition Condition Checked Status (Pass/Fail) Corrective Action Access To Hydrant Maintained Paint Condition Hydrant Barrel Found Dry Hydrant Free Of Leaks Nozzle Threads Caps And Chains Bonnet And Barrel Operating Nut Hydrant Barrel Left Dry Hydrant Marker Hydrant Paint Condition Comments: Inspector's signature: EXHIBIT C: PRIVATE HYDRANT INSPECTION & MAINTENANCE REPORT Executive Summary For Action Golden Valley Council Meeting June 18, 2019 Agenda Item 6. A. Resolution Authorizing Issuance, Awarding Sale, and Prescribing the Form and Details and Providing Payment for the $1,970,000 General Obligation Bonds, Series 2019A Prepared By Susan Virnig, Finance Director Summary The proceeds of the $1,970,000 General Obligation Bonds, Series 2019A will finance the street and driveway projects included in the 2019 Pavement Management Program. City Council approved the project and assessments with two public hearings on January 15, 2019. The debt service on these bonds will be paid from tax levies and special assessments levied against benefitted properties. A representative from BakerTilly, Inc., will be in attendance at the meeting to present the bid results that will be received the morning of June 19. Figures will be filled in when final numbers are known from the bidding process. If the City Council desires to proceed with these bond sales, after reviewing the bid results, they should adopt the attached resolution. Attachments Resolution authorizing Issuance, Awarding Sale, Prescribing Sale, Prescribing the Form and Details and Providing For The Payment of $1,970,000 General Obligation Improvement Bonds, Series 2019A (19 pages) Recommended Action Motion to adopt Resolution authorizing Issuance, Awarding Sale, Prescribing Sale, Prescribing the Form and Details and Providing for the Payment of $1,970,000 General Obligation Improvement Bonds, Series 2019A. RESOLUTION NO. 19-40 A RESOLUTION AUTHORIZING ISSUANCE AWARDING SALE, AND PRESCRIBING THE FORM AND DETAILS AND PROVIDING PAYMENT FOR THE $1,970,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2019A BE IT RESOLVED By the City Council of the City of Golden Valley, Hennepin County, Minnesota (the “City”) as follows: Section 1. Sale of Bonds. 1.01. Authorization. It is hereby determined that it is necessary and expedient that the City issue approximately $1,970,000 General Obligation Improvement Bonds, Series 2019A (the “Bonds”) pursuant to Minnesota Statutes, Chapters 429 and 475 (the Act”) to provide financing for certain assessable public improvements in the City, including without limitation the City’s 2019 Pavement Management Program (the “Improvements”). The City is authorized by Minnesota Statutes, Section 475.60, Subdivision 2(9) to negotiate the sale of the Bonds if the City has retained an independent municipal advisor in connection with such sale. The City has retained Baker Tilly Municipal Advisors, LLC, in Saint Paul, Minnesota as an independent municipal advisor in connection with the sale of the Bonds. 1.02. Award to the Purchaser and Interest Rates. The proposal of _____________, in ___________, _________ (the “Purchaser”) to purchase the Bonds of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of par amount of $__________, plus a [net] premium of $____________ less an underwriter’s discount of $____________), for Bonds bearing interest as follows: Year of Maturity Interest Rate Year of Maturity Interest Rate 2020 % 2030 % 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 2028 2038 2029 2039 1.03. Purchase Contract. Any amount paid by the Purchaser over the minimum purchase price shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the City Finance Director in consultation with the City’s municipal advisor. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds. The Resolution No. 19-40 -2- June 18, 2019 Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City, if requested by the Purchaser. 1.04. Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $1,970,000, originally dated as of the date of delivery, in fully registered form, in denominations of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2020 $50,000 2030 $160,000 2021 50,000 2031 100,000 2022 50,000 2032 100,000 2023 50,000 2033 105,000 2024 50,000 2034 105,000 2025 50,000 2035 110,000 2026 50,000 2036 115,000 2027 155,000 2037 115,000 2028 155,000 2038 120,000 2029 155,000 2039 125,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). 1.05. Optional Redemption. The City may elect on February 1, 2029, and on any day thereafter to prepay Bonds maturing on or after February 1, 2030. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of Resolution No. 19-40 -3- June 18, 2019 authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2020, to the registered owners of record as of the close of business on the 15th day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a Registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. c) Exchange of Bonds. When any Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is then registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to a registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. Resolution No. 19-40 -4- June 18, 2019 g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds in an amount sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. i) Redemption. In the event any of the Bonds are called for redemption, written notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) 30 days prior to the date of redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Finance Director and executed on behalf of the City by the Resolution No. 19-40 -5- June 18, 2019 signatures of the Mayor and the City Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Form. The Bonds will be printed or typewritten in substantially the form attached hereto as Exhibit B. 3.02 Approving Legal Opinion. The City Finance Director is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01 Debt Service Fund. The Bonds are payable from the General Obligation Improvement Bonds, Series 2019A Debt Service Fund (the “Debt Service Fund”) hereby created. The Debt Service Fund shall be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. Amounts in the Debt Service Fund are irrevocably pledged to the Bonds. To the Debt Service Fund hereby created, there is hereby pledged and irrevocably appropriated and there will be credited: (A) the proceeds of ad valorem taxes herein or hereafter levied (the “Taxes”), and, subject to 4.02, the special assessments levied against the property specially benefited by the Improvements (the Assessments”); (B) capitalized interest financed from Bond proceeds, if any; (C) the amount over the minimum purchase price paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof; and (D) all investment earnings on funds in the Debt Service Fund; and (E) any and all other moneys which are properly available and are appropriated by the City Council to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from other funds of the City, and such fund will be reimbursed for those advances out of the proceeds of Assessments and Taxes when collected. Resolution No. 19-40 -6- June 18, 2019 4.02 Construction Fund. The proceeds of the Bonds, less the appropriations made in Section 4.01, together with the Assessments collected during the construction of the Improvements and any other funds appropriated for the Improvements will be deposited in a separate construction fund (the “Construction Fund”) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvements. Any balance remaining in the Construction Fund after completion of the Improvements and the costs thereof paid, may be used as provided in Minnesota Statutes, section 475.65. Thereafter, the Construction Fund is to be closed and any remaining balances therein and subsequent collections of Assessments for the Improvements and any Taxes are to be deposited in the Debt Service Fund. 4.03. City Covenants. The City hereby covenants with the holders from time to time of the Bonds as follows: a) It is hereby determined that that the Improvements will directly and indirectly benefit abutting property and other identified property, and at least 20% of the costs of the Improvements to the City will be paid by Assessments. The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2020 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. b) In the event of any current or anticipated deficiency in Assessments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.04. Pledge of Tax Levy. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax (the “Taxes”) upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes will be credited to the Debt Service Fund above provided and will be in the years (being each year of collection) and amounts as set forth in Exhibit C. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. Resolution No. 19-40 -7- June 18, 2019 4.05. Certification to County Auditor as to Debt Service Fund Amount. It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Finance Director may certify to the County Auditor of Hennepin County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.06. County Auditor Certificate as to Registration. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Manager, City Clerk and Finance Director, or any of them, are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. Other Certificates. The Mayor, City Manager, City Clerk and Finance Director, or any of them, are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, City Manager, City Clerk and Finance Director, or any of them, shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. Section 6. Tax Covenants. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action Resolution No. 19-40 -8- June 18, 2019 within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Required. a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, if the Bonds do not qualify for the small issuer exception to the federal arbitrage rebate requirements. b) For purposes of qualifying for the small-issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or the Improvements financed or refinanced by the Bonds, or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be “private activity bonds” within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code; b) the City hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2019 will not exceed $10,000,000; and d) not more than $10,000,000 of obligations issued by the City during calendar year 2019 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Resolution No. 19-40 -9- June 18, 2019 Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.,” will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial Resolution No. 19-40 -10- June 18, 2019 interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. When all Bonds (or any portion thereof) and all accrued interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds (or respective portion thereof) will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds (or respective portion thereof) which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full or by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, or any other security authorized under Minnesota law for such purpose, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal Resolution No. 19-40 -11- June 18, 2019 amount, at such earlier redemption date). If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Adopted by the City Council of Golden Valley, Minnesota on this 18th day of June, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Resolution No. 19-40 -12- June 18, 2019 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF GOLDEN VALLEY ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Golden Valley, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 18, 2019 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $1,970,000 General Obligation Improvement Bonds, Series 2019A of the City. WITNESS My hand of the City this 18th day of June, 2019. City Clerk Golden Valley, Minnesota Resolution No. 19-40 -13- June 18, 2019 EXHIBIT A PROPOSALS Resolution No. 19-40 -14- June 18, 2019 EXHIBIT B FORM OF BOND No. R-_____ $________ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF GOLDEN VALLEY GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2019A Rate Maturity Date of Original Issue CUSIP February 1, 20__ June __, 2019 Registered Owner: Cede & Co. The City of Golden Valley, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum set forth above on the maturity date specified above, unless called for earlier redemption, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360-day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2020, to the person in whose name this Bond is registered at the close of business on the 15th day whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2029, and on any date thereafter to prepay Bonds due on or after February 1, 2030. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as “qualified tax exempt obligations” within the meaning of Section 265(b)(3) of the Internal Resolution No. 19-40 -15- June 18, 2019 Revenue Code of 1986, as amended (the “Code”) relating to disallowance of interest expense for financial institutions. This Bond is one of an issue in the aggregate principal amount of $1,970,000 all of like original issue date and tenor, except as to number, denomination, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 18, 2019 (the “Resolution”), for the purpose of providing money to finance the construction of various public improvement projects within the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property, in the City in the event of any deficiency in special assessments, and ad valorem taxes pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution, and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. Resolution No. 19-40 -16- June 18, 2019 IN WITNESS WHEREOF, the City of Golden Valley, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: , 2019 CITY OF GOLDEN VALLEY, MINNESOTA Facsimile) (Facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Its Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT _________ Custodian _________ in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. Resolution No. 19-40 -17- June 18, 2019 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _____________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York Stock Exchange, Inc. Medallion Signatures Program MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee Resolution No. 19-40 -18- June 18, 2019 PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Registrar Cede & Co. Federal ID #13-2555119 Resolution No. 19-40 -19- June 18, 2019 EXHIBIT C STATE OF MINNESOTA COUNTY AUDITOR’S CERTIFICATE AS TO COUNTY OF HENNEPIN TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the City Council of the City of Golden Valley, Minnesota, on June 18, 2019, levying taxes for the payment of its $1,970,000 General Obligation Improvement Bonds, Series 2019A, of said municipality dated July 18, 2019, has been filed in my office and said bonds have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this _____ day of _________________, 2019. County Auditor Hennepin County, Minnesota Deputy