07-19-16 CC Agenda packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
July 19, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting July 5, 2016 3-6
B.Approval of Check Register
1. City 7
2. Housing and Redevelopment Authority 8
C.Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement - Mount Olivet
Careview Home
9-11
D.Minutes of Boards and Commissions:
1. Human Services Fund - April 11, 2016 12
2. Joint Water Commission - April 6, 2016 13-14
3. Bassett Creek Watershed Management Commission - April 21, 2016 15-21
E.Authorization to Hire The Morris Leatherman Company for Citizen Survey 22
F.Approve Requests for Beer and/or Wine at Brookview Park 23-24
G.Authorize Agreement with Short Elliot Hendrickson, Inc. for Final Design of 2017
Pavement Management Program
25-29
H.Authorize Purchase of Property at 9450 Olympia Street 16-46 30-32
4.PUBLIC HEARINGS
A.Public Hearing - Ordinance #608 - Approval of Conditional Use Permit 153 - 8814 7
th
Avenue North - Big Deals Liquidation Outlet, Applicant
33-47
5.OLD BUSINESS
6.NEW BUSINESS
A.Approve Citizen Survey Questions 48-72
B.Authorize Solar Power Purchase Agreement, Facilities Lease Agreement, and Energy
Performance Guarantee Agreement
73-114
C.Authorization to Sign Amendment to Legal Service Agreement with Best & Flanagan 115-117
6. NEW BUSINESS - continued
D.Announcements of Meetings
1. Future Draft Agendas: City Council August 3, 2016, Council/Manager August 8,
2016 and City Council August 16, 2016
118-120
E.Mayor and Council Communications
7.ADJOURNMENT
City ofUNOFFICIAL MINUTES
CITY COUNCIL MEETING
0101deno"ArGOLDEN VALLEY, MINNESOTA
v 1l July 5, 2016
W
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1 B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest and Steve
Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk
Luedke.
Absent: Council Member Andy Snope
1 C. Receipt of Community Partnership Grant from CenterPoint Energy
Battalion Chief Bence introduced the agenda item.
Mr. Doug Soderling, CenterPoint Energy, presented the City with a $2,500 Community
Partnership Grant to be used toward the purchase of firefighter protective equipment including
gas meters, personal flashlights, traffic safety cones, firefighting helmets and boots.
The Council thanked CenterPoint Energy for their grant.
MOTION made by Council Member Schmidgall, seconded by Council Member Fonnest to
adopt Resolution 16-45, accepting a donation from CenterPoint Community Partnership Grant
upon a vote being taken the following voted in favor: Clausen, Fonnest, Harris, and Schmidgall
and the following voted against: none, and the motion carried.
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to
approve the agenda of July 5, 2016, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Fonnest to
approve the consent agenda of July 5, 2016, as submitted and the motion carried.
W. Approve Minutes of the City Council Executive Session Meeting of June 21, 2016.
3A2. Approve Minutes of the City Council Meeting of June 21, 2016.
313. Approve City Check Register and authorize the payment of the bills as submitted.
3C. Accept for filing the Minutes of Boards and Commissions as follows:
1. Planning Commission - June 13, 2016
2. Board of Zoning Appeals - May 24, 2016
3. Human Rights Commission - May 23, 2016
3D. Approve purchase of a Ford F350 from Midway Ford and Highland Rescue Body from
ABM Equipment for the total purchase price of $79,807.
3E. Approve Summary of Ordinance #602 Amending Section 11.22: Moderate Density
Residential Zoning District for publication.
3F. Approve requests for beer and/or wine at Brookview Park as recommended by staff.
Unofficial City Council Minutes -2- July 5, 2016
4. PUBLIC HEARINGS
4A. Public Hearing - Major PUD Amendment Plan for North Lilac Drive Addition PUD
No. 42, Amendment#6 - 810 Lilac Drive North - M+O Properties, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
Ms. Laura Schmidt, owner of M+O Properties and Mr. Josh Shonkwiler, owner of M+O
Properties and Platinum Remodeling, answered questions from Council regarding upgrading of
the property, the type of remodeling Platinum Remodeling does, and how much of the property
their business will occupy.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public
hearing.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt
Ordinance #607, Approval of PUD Plan, North Lilac Drive Addition PUD No. 42, Amendment #6,
M+O Properties, Applicant upon a vote being taken the following voted in favor of: Harris,
Clausen, Fonnest and Schmidgall and the following voted against: none and the motion carried.
MOTION made by Council Member Fonnest, seconded by Council Member Clausen to authorize
the Mayor and City Manager to sign the PUD Permit for North Lilac Drive Addition PUD No. 42,
Amendment #6 and the motion carried.
4B. Public Hearing - Approval of Conditional Use Permit 152 - 825 Boone Avenue North
- Executive Leasing, LLC, Applicant
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.
MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to
receive and file the applicant's letter of withdrawal and the motion carried.
4C. Public Hearing - Approval of Conditional Use Permit 151 - 9050 Golden Valley
Road - Affinity Plus Federal Credit Union, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from
Council. City Manager Cruikshank and City Attorney Garry answered questions from Council.
MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to table
the consideration of Conditional Use Permit No. 151 for 9050 Golden Valley Road to the City
Council meeting of August 3, 2016, and the motion carried.
Unofficial City Council Minutes -3- July 5, 2016
6. NEW BUSINESS
6A. Authorization to Sign Amended PUD Sub-Permit - Hidden Lakes PUD No. 74,
Amendment No. 6 - 1725 Bridgewater Road - Arash Allaei, Applicant
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
table consideration of the amended PUD Sub-Permit for 1725 Bridgewater Road until the City
Council Meeting of August 3, 2016, and the motion carried.
6B. Announcements of Meetings
Open for Business will have office hours on July 8, 2016, from 9 to 11 am in the Council
Conference Room.
Some Council Members may attend the Market in the Valley on July 10 and 17, 2016, from 9
am to 1 pm in the City Hall Campus Parking Lot.
Some Council Members may attend the ribbon cutting at Brookview Park's New Gazebo on
July 11, 2016, at 6:45 pm at Brookview Park.
Some Council Members may attend the Ice Cream Social and Concert in the Park featuring
the John Sousa Band on July 11, 2016, at 7 pm at Brookview Park.
Some Council Members may attend the Liberty Crossing Ground Breaking event on July 12,
2016, from 10 to 11 am at the NE Corner of Winnetka Avenue and Medicine Lake Road.
Board and Commission interviews will be held on July 12, 2016, at 5 pm in the Council
Conference Room.
The next Housing and Redevelopment Authority Meeting will be held on July 12, 2016, at 6:30
pm in the Council Chambers.
The next Council/Manager Meeting will be held on July 12, 2016, immediately following the
HRA Meeting in the Council Conference Room.
Some Council Members may attend the Golden Valley Golf and Lawn Bowling Classic on July
15, 2016, from 8 am to 3 pm at Brookview Golf Course.
The second Water Day at Scheid Park will be held on July 15, 2016, at 12:30 pm.
A Concert in the Park featuring Mu Daiko will be held on July 18, 2016, at 7 pm at Brookview
Park.
The next Council Quarterly Review Session will be held on July 19, 2016, at 5:30 pm in the
Council Conference Room
The next City Council meeting will be held on July 19, 2016, at 6:30 pm.
Unofficial City Council Minutes -4- July 5, 2016
6C. Mayor and Council Communication
Mayor Harris thanked the Council for their approval of the out-of-state travel request for him to
attend the United States Conference of Mayors. He stated the Mayor's conference was an
amazing experience and that it was a fantastic opportunity to hear about what is working well
in different communities.
Mayor Harris stated that the League of Minnesota Cities recognized Representative Freiberg
and State Senator Latz as League of Minnesota Representatives of Distinction for 2016.
7. ADJOURNMENT
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and
the motion carried unanimously to adjourn the meeting at 7:10 pm.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
cityof
9o1den MEMORANDUM
valley Administrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
city 0f
�
Malde4ft� MEM0RANDUM
valleyAdministrative Services Department
763-593-8013 1763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
ci4 of
'10
ef, M E M 0 R A `*'!
valle City Administration/Council
763-593-3991 /763-593-8109(fax)
EN
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Mount Olivet Careview
Home
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the City
to waive the 30-day waiting period.
Attachments
• Application for Exempt Permit (2 pages)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Mount Olivet Careview Home.
MINNESOTA LAWFUL GAMBLING
LG220 Application for Exempt Permit 5/15
?age 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that:
• conducts lawful gambling on five or fewer days, and Applications are processed in the order received. If the application
• awards less than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event,the
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 t A +V
Name: t"t t Carty' `W fig rnv Previous Gambling
Permit Number:
Minnesota lax ID Federal Employer ID m
Number,if any: p ✓ y Number(FEIN), if any:
Mailing
Address:
i
City: MinrYG7p# �j State: Wlh Zip: 5541 County; haineP�Vi
Name of Chief Executive Officer(CBO): 1 1 M'a('�y
Daytime Phone: W,Mfg I I�'� . �9 Elm ailJ _� -7-V5)
NONPROFIT STATUS liiL
fA
f Nonprofit Organization check onej:
Fraternal Religious Veterans Other Nonprofit Organization
a copy of one of the following showing proof of nonprofit status:
T attach a sales tax exempt status or federal employer ID number,as they are not proof of nonprofit status.)
current one
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 is
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.
oIRS -Affiliate of national,statewide,or international parent nonprofit organization(charter)
If your organization fails 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 �ff ��//tt
(for raffles, list the site where the
7-00/
drawing
/will
take ppllace): Y�.WiG{ tA)� �19
Address(do not use P.O, box): t(�0 ('f (r{.�1�l i'
City /„ r
Township: _ K(J
Zip: County: f
Date(s)of activity (for raffles, (� (_
indicate the date of the drawing): m (ir
Check each type of gambling activity that your organization will conduct:
F-1
Bingo* F-1 Paddlewheels* F ]Pull-Tabs* I l-FV
I Tipboards* �j f�
LoaviRaffle (total value of raffle prizes awarded for the caiend—alr year:$ ✓,90"
* Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor.licensed by
the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on
Distributors under List of Licensees,or call 651-539-1900.
LG220 Application for Exempt permit nils
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
The application is acknowledged with no waiting period. The application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting The 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 ci nied. The application is denied.
Print City Name:___ � Print County Name:
Signat a of 'ty Wnel: Signature of County Personnel:
Title: Late: Z, 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 SIGNA RE equired)
The information provided in this app);c is co pl e a cc r to to the best of my knowledge. I acknowledge that the financial
report will be completed and return t e Bo rd in 3 of the event date. /
Chief Executive Officer's Signature: Date: 4Z
—}� (Signature must be CE "Signa re;designee may not sign)
Print Name:
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
F* all
ete a separate application for: Mail application with:
gambling conducted on two or more consecutive days,or a copy of your proof of nonprofit status, and
gambling conducted onone day.ne application is required if one or more raft7e drawings are application fee(non-refundable). If the application is
ted on the same day, postmarked or received 30 days or more before the event,
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 Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control
Board. Roseville, MN 55113
Questions?
Your organization must keep all exempt records and reports for wall 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
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
April 11, 2016
Present: Denise La Mere-Anderson, Aaron Black, Hilmer Erickson, Kathryn Frommer,
Elissa Heilicher, Alan Ingber, Andrea Mac Arthur, Sarah Meyerring, Scott Charlesworth-
Seiler, Toots Vodovoz, Peggy Watkins, Andrew Wold, Joanie Clausen Brian Erickson, Staff
Liaison.
Call to Order: Wold called the meeting to order at 6:45 p.m.
Agenda Changes or Additions: Change made to Mach 14 attendance.
March 14 Minutes: Erickson moved and Black seconded the motion to approve the
minutes from March 14. The motion passed unanimously.
Run the Valley:
Runner Update: Erickson reported on race numbers to date and anticipates more to
register in the final week.
Sponsor Update: LDI submitted sponsorship check.
Volunteers: Erickson passed out the volunteer sheet. Members added themselves and
others who will volunteer.
Marketing/Publicity: Information has been sent to the SunPost, Channel 12, Golden Valley
City newsletter and the Park and Recreation brochure.
Calendar Review:
April 16 - Run the Valley.
July 15 - Golf and Lawn Bowling Classic
Other Business:
Future Event: Some discussion on a disc golf Tournament.
Adjournment: Erickson moved to adjourn the meeting, Black seconded the motion. The
meeting was adjourned at 7:15 p.m.
Respectfully submitted,
Andrew Wold, GVHSF Chair Brian Erickson, Staff Liaison
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of April 6, 2016
The Golden Valley — Crystal — New Hope Joint Water Commission (JWC) meeting was
called to order at 1:30 pm in the City of Golden Valley Council Chambers.
Commissioners Present
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Tim Cruikshank, City Manager, Golden Valley
Staff Present
Sue Virnig, Finance Director, Golden Valley
Bernie Weber, Operations Manager, New Hope
Randy Kloepper, Water Superintendent, Crystal
Dave Lemke, Utilities Supervisor, New Hope
R.J. Kakach, Utility Engineer, Golden Valley
Bob Paschke, Director of Public Works, New Hope
Mark Ray, Director of Public Works/City Engineer, Crystal
Approval of Minutes — February 3, 2016
Moved by McDonald seconded by Cruikshank to approve the minutes of the April 6,
2016 Joint Water Commission Meeting. Motion carried.
Verizon Wireless Lease Agreement— Antenna Upgrade
Staff has received a plan for modifications to Verizon's antenna equipment. The plan
calls for the addition of several wireless transmitters to the antennas. The additions will
add weight to the structure at each of the three antenna locations. Staff has determined
that a formal Engineering Review is required. A deposit agreement has been drafted by
staff and executed by Verizon Wireless. Upon execution of the Deposit Agreement by
the Joint Water Commission, staff will retain KLM Engineering to perform the review,
with all cost being drawn from the $5,500 deposit.
Moved by Cruikshank seconded by McDonald to execute the Deposit Agreement with
Verizon Wireless for Engineering Review to be performed by KLM Engineering, Inc.
Motion carried.
Annual Tri-City Council Meeting. Schedule and Agenda. DeCola Ponds Flooding
Issues/Report and Proceeding with Establishing a Government Body for the
Project
The Commissioners discussed three possible dates for the Tri-City Council Meeting to
be held at the Golden Valley City Hall Council Chambers. Possible dates included May
18th, May 25th and May 31St. Each commissioner will poll their respective council
members to determine the date.
The draft agenda for the meeting will include Chair Anne Norris to welcome attendees,
Commissioner Tim Cruikshank to present a brief summary of the DeCola Ponds
Flooding Issues and to introduce Barr Engineering for their power point presentation.
Joint Water Commission
April 6, 2016
Page 2 of 2
TAC Update
The Joint Water Commission Technical Advisory Committee (TAC) met on March 28,
3016. Staff reported on the 36" PCCP stating that Robbinsdale has approved the storm
sewer grout cleaning. Also staff will be contacting Killmer requesting a time frame and
cost for the moving of the Generator. The neighborhood will be notified.
TAC has received information from Short Elliott Hendrickson to begin modeling and risk
assessment on the PCCP Analysis Update.
Other Business
None
Next Meeting
The next meeting is scheduled for May 4, 2016 at 1:30 pm in the Golden Valley
Council Chamber. The room change is due to construction at City Hall.
Adjournment
Moved by McDonald seconded by Cruikshank to adjourn meeting. Motion carried.
Chair Norris adjourned the meeting at 2:00 pm.
Chair Anne Norris
ATTEST:
Sue Schwalbe, Recording Secretary
t Cry""x,
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
April 21,2016
Plymouth City Hall, 8:30 a.m.
Commissioners and Staff Present:
Crystal Commissioner Guy Mueller, Vice Chair Plymouth Commissioner Ginny Black
Golden Valley Commissioner Stacy Hoschka, Robbinsdale Alternate Commissioner Michael
Secretary/Treasurer Scanlan
Medicine Lake Commissioner Clint Carlson St. Louis Park Commissioner Jim de Lambert, Chair
Minneapolis Alternate Commissioner Lisa Goddard Administrator Laura Jester
Minnetonka Commissioner Michael Fruen Attorney Troy Gilchrist,Kennedy&Graven
New Hope Alternate Commissioner Pat Crough Engineer Karen Chandler,Barr Engineering
Technical Advisory Committee (TAC)Members/Other Attendees Present:
Derek Asche,TAC,City of Plymouth Liz Stout,TAC,City of Minneapolis
Erick Francis,TAC,City of St. Louis Park Chris Long,TAC,City of New Hope
Jeff Oliver,TAC,City of Golden Valley Michael Welch, Commissioner,City of Minneapolis
Richard McCoy, TAC,City of Robbinsdale Jacob Millner,Alternate Commissioner, City of Minnetonka
Tom Dietrich,TAC,City of Minnetonka Gary Holter,Alternate Commissioner,City of Medicine Lake
Chuck Schmidt, resident,City of New Hope Jeff Weiss and Meg Rattei,Barr Engineering
Jeff Wallis,At Glenwood LLC
1.CALL TO ORDER AND ROLL CALL
On Thursday,April 21,2016, at 8:37 a.m. in the Medicine Lake Room at Plymouth City Hall,3 400 Plymouth
Boulevard,Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management
Commission(BCWMC)and asked for roll call to be taken.[No cities were absent from roll call].
2. CITIZEN FORUM ON NON-AGENDA ITEMS
Mr. Chuck Schmidt, a resident in the City of New Hope reported that he was pleased with many of the projects
happening in the watershed,particularly the stream restoration projects. He suggested that riparian vegetation be
managed on a regular basis rather than waiting until trees are very large and falling into the creek,making it more
difficult to manage. He also noted(as he's done at a previous Commission meeting in the summer of 2015),that
the pond at Winnetka Village Apartments in the City of Crystal and through which the North Branch of Bassett
Creek flows, is accumulating sediment and the pond outlet appears to be plugged. He noted the large gully coming
into the pond from the adjacent railroad tracks and wondered if this was the primary source of sediment to the
1
BCWMC April 21, 2016, Meeting Minutes
pond. Administrator Jester noted that she and TAC member Mark Ray(City of Crystal)had investigated the pond
and gulley last summer after Mr. Schmidt's comments at a Commission meeting. She noted that Mr. Ray was
planning to inform the railroad authority about the gully and to further investigate the pond's function.
Commissioner Mueller and Administrator Jester reported that they would follow up with the City of Crystal.
3.AGENDA
Chair de Lambert suggested a re-ordering of agenda items to accommodate guest speakers. He suggested moving
5B in front of 5A.
MOTION: Commissioner Black moved to approve the agenda as amended. Alternate Commissioner Goddard
seconded the motion. Upon a vote,the motion carried 9-0.
4. CONSENT AGENDA
MOTION: Commissioner Black moved to approve the consent agenda. Alternate Commissioner Goddard
seconded the motion. Upon a vote,the motion carried 9-0.
[The following items were approved as part of the consent agenda:the March 17,2016, Commission Meeting
Minutes,the April 2016 Financial Report,the payment of invoices, approval of Reimbursement Request from
City of Golden Valley for Twin Lake Alum Treatment,approval of Reimbursement Request from City of Golden
Valley for Schaper Pond Diversion Project.
The general and construction account balances reported in the April 2016 Financial Report are as follows:
Checking Account Balance $749,829.82
TOTAL GENERAL FUND BALANCE $749,829.82
TOTAL CASH& INVESTMENTS ON-HAND (4/12/16) $3,205,536.27
CIP Projects Levied—Budget Remaining ($4,3112,381.68)
Closed Projects Remaining Balance ($1,106,845.41)
2012-2014 Anticipated Tax Levy Revenue $6,668.33
2015 Anticipated Tax Levy Revenue $1,499.07
Anticipated Closed Project Balance ($1,098,678. 01)
2
BCWMC April 21, 2016, Meeting Minutes
5. BUSINESS
A. (Previously 513)Review Draft Feasibility Study for Main Stem Erosion Repair Project(2017CR-M)
Engineer Chandler introduced Engineer Jeff Weiss(Barr Engineering).Mr. Weiss presented(via PowerPoint)
an overview of the results of the feasibility study for the Main Stem Erosion Repair Project. The presentation
included maps showing the location of the three different reaches in the project area(Fruen Mill area,from
Cedar Lake Rd to Irving Ave,and Irving Ave.to tunnel entrances); description of the erosion problems at
various sites and the unique aspects of the project area(including industrial landowners very close to the
creek,historical walls,the Fruen Mill,and walking paths that are sometimes submerged). Mr. Weiss reviewed
the various types of stabilization techniques recommended and indicated natural techniques(rather than hard
armoring)would be used when possible including root wads, rock vanes,vegetated reinforced soil slopes,and
native plantings. He noted the issue of contaminated soils and hence a desire to minimize soil disturbance.
There was discussion about grants available for costs associated with disposal of contaminated soil and the
steps and timeline for applying for the grant. Commissioner Black suggested investigating the ability to use
the soils as"alternative daily cover"at a landfill,which would reduce disposal fees. There was further
discussion about how to reduce disposal fees.
Administrator Jester suggested the removal of the recommended vegetation management for site 15,the
channel leading to the old tunnel. The noted vegetation management should be considered a city maintenance
activity rather than part of the CIP project as it does not address erosion nor water quality. Ms. Stout,TAC
member from the City of Minneapolis,agreed that this was a city function and should not be included in the
cost estimate for the project.
Mr.Jeff Wallis with At Glenwood LLC briefly reviewed the redevelopment plans for the Fruen Mill area and
the brewery next door. He reported that a flood wall along the brewery would be constructed this fall and that
plans should be ready for Commission review soon. He noted that the Fruen Mill area is undergoing an
environmental review and may be demolished in 2017 for a housing development. He noted that there is no
current vision for structures along the creek at the mill.
MOTION: Alternate Commissioner Goddard moved approval of the Main Stem Feasibility Study with
Administrator Jester's amendment to remove the vegetation management activities in site 15. Commissioner
Black seconded the motion.
Before the vote there was further discussion about the Fruen Mill area,the opportunity for coordination with
redevelopment in the area,and the need to coordinate with the Minneapolis Park and Recreation Board
regarding the foot path.
Upon a vote the motion carried 9-0.
[Alternate Commissioner Millner and Commissioner Welch depart the meeting.]
B. (Previously 5A)Receive Presentation from Commission Engineer
i. 2015 Westwood Lake Water Quality Monitoring Results
ii. 2015 Biotic Index Study Results from Bassett Creek,Plymouth Creek,and Sweeney and North
Branches of Bassett Creek
iii. Plans for 2016 Water Quality Monitoring
Engineer Chandler introduced Meg Rattei with Barr Engineering to present results of the 2015 BCWMC
monitoring program,noting that Ms. Rattei had been performing this work for the Commission since 1974.
Ms.Rattei first reviewed the results of the biotic index monitoring,noting that this type of monitoring is a
3
BCWMC April 21, 2016, Meeting Minutes
cost effective way to understand water quality. She reported on results from six different locations—three on
Bassett Creek, and one each on Plymouth Creek, Sweeney Branch,and North Branch Bassett Creek. She
noted results on three different indices which each measure slightly different conditions, including the new
State M-IBI. She noted the M-IBI results are used to determine if a stream is meeting State standards for
biological integrity. She reported only the station on the Sweeney Branch of Bassett Creek met the State
standard and noted that habitat conditions play a large role in M-IBI scores. She also reported that chloride
levels appear to be on the rise at the various sites,citing conductivity measurements and a review of historical
data. Ms.Rattei's recommendations included continuing biotic index monitoring per the Commission's
monitoring plan,monitoring for chloride, and continuing to implement restoration projects that improve
habitat. Administrator Jester noted that the next time the Commission conducts biotic index monitoring on
creeks, it will include intensive water quality and quantity monitoring, including chlorides.
Alternate Commissioner Goddard asked about the proximity of past BCWMC stream restoration projects to
biotic index monitoring locations,wondering if Commission projects have had any effect on habitat. Staff
indicated they would bring that information back to a future meeting. Administrator Jester also noted that
some of the recommended stabilization techniques proposed for the 2017 Main Stem Project should improve
in-stream habitat,particularly by reducing embeddedness.
Ms.Rattei then presented results of the 2015 monitoring on Westwood Lake in St. Louis Park and reported
that the lake has excellent water quality with total phosphorus levels, chlorophyll a levels,and Secchi disc
measurements all meeting State standards. She noted the lake's healthy native plant community and that a
new plant,bearded stonewort,was discovered in the lake(and it's the first recorded occurrence in Minnesota).
Ms.Rattei reviewed recommendations including continuing regular monitoring and adding chloride
monitoring.
There was some discussion about how the lake's water quality has improved over time, likely due to storm
water management in the watershed and that conductivity is likely low because runoff from Highway 169
goes through storm water ponds and a wetland before reaching the lake.
Ms.Rattei briefly reviewed plans for 2016 monitoring including routine monitoring in Medicine Lake(with
assistance from Three Rivers Park District),Crane Lake, and Northwood Lake.
Administrator Jester noted that the complete monitoring reports would be posted online and distributed copies
of two different types of reports to Commissioners including one"fact sheet"type reported developed by the
Commission Engineer with Westwood Lake results,and a longer report on several waterbodies developed by
Barr Engineering for the Nine Mile Creek Watershed District. Administrator Jester asked for input on the
format of future monitoring reports,noting that the lengthy and highly technical reports currently generated
are expensive to develop and may not by necessary.There was some discussion including comments from
Commissioners that a"refined"report would be nice but the fact sheet report may need more interpretive
information,and that bulleted information is easier to digest. There was agreement that a refined, less
expensive report is preferred.
C. Consider Recommendations from BCWMC Education Committee for 2016 Education & Outreach
Work Plan and Budget
Administrator Jester reviewed the Education Committee's recommendations for spending and programming
in 2016 including financial support of multiple partnering organizations including the West Metro Water
Alliance(WMWA),Hennepin County(River Watch),Met Council (CAMP),Metro Watershed Partners,
Children's Water Festival,and Metro Blooms. She noted the recommended financial support of$4,000 for
the Harrison Neighborhood Project being conducted by Metro Blooms,and the use of up to$1,000 for
reimbursement to Commissioners to attend trainings and conferences. She reported that$7,000 remains
"unassigned"and that the Education Committee will continue to explore options including display upgrades,
4
BCWMC April 21, 2016, Meeting Minutes
development of a presentation library,and educational signage.
MOTION: Commissioner Black moved to approve the recommendations of the Education Committee as
presented. Alternate Commissioner Scanlan seconded the motion. Upon a vote the motion carried 9-0.
D. Discuss Watershed Tour Dates and Stops
Administrator Jester asked if there were particular dates or times that would work for a watershed tour. After
some discussion she was directed to distribute a Doodle Poll to determine the best date. Commissioners
expressed interest in touring the Fruen Mill site,a public works facility to learn about road salt applications,
the 2015 Main Stem project in Golden Valley,Northwood Lake Project site,and the Plymouth Creek
Restoration site. Alternate Commissioner Crough recommended inviting local reporters on the tour.
E. Review Draft 2015 Annual Report
Administrator Jester noted the BCWMC 2015 Annual Report is due to the Minnesota Board of Water and
Soil Resources(BWSR)at the end of April. She asked if there were suggestions for revisions(and noted she
could take suggestions for a few more days). She was directed to inquire about the need to include mailing
and email addresses of Commissioners in the report and to leave them out if allowed. There was consensus
that the report was appropriate as presented and should be submitted to the BWSR.
[Alternate Commissioner Goddard and Commissioner Hoschka depart.]
F. Receive Update on West Metro Water Alliance's"Pledge to Plant"Campaign
Administrator Jester reported that the West Metro Water Alliance's latest campaign was aimed at getting
residents or business/corporate partners to convert turf or hard surfaces to native plantings. She noted
Commissioners may see news items on this campaign and asked that they also help spread the word.
Administrator Jester indicated more information(and pledge forms)could be found on the Blue Thumb
website.
G. Receive Update on Metro Bloom's Northside(Harrison)Neighborhood Engagement and Opportunities
in Clean Water Initiative
Administrator Jester reported that she had recently submitted another letter of support for this project as
Metro Blooms continues to apply for grants. She also noted that since funding is not coming together as
quickly as hoped,Metro Blooms recently shifted its focus for this year from working in alleyways,to working
within boulevards to install bioswales planted with turf alternatives. She reported that fifty-six ash trees are
slated for removal in the Harrison Neighborhood this summer, creating the opportunity for this project. She
noted that funding(including$4,000 from BCWMC as recommended by the Education Committee)and
partners have already been secured for this project. She reported that Metro Blooms will hold a community
event in conjunction with this work early this summer and they are hoping the original youth-
engagement/alleyways project receives funding for implementation in 2017. Administrator Jester noted that,
as previously approved,the Commission will soon submit a grant to the Met Council on behalf of Metro
Blooms for this project.
7. COMMUNICATIONS
A. Administrator's Report
i. Reminder of May Meeting Location at Golden Valley City Hall
5
BCWMC April 21, 2016, Meeting Minutes
Administrator Jester noted the May meeting location at Golden Valley City Hall and also a Technical
Advisory Committee meeting on May 5h, 1:30 p.m. at Golden Valley City Hall.
B. Chair
Chair de Lambert reminded the group about the Bassett Creek clean up event scheduled for the coming
Saturday in Minneapolis.
C. Commissioners
Alternate Commissioner Scanlan expressed thanks to the City of Robbinsdale for its excellent street sweeping
program.
Commissioner Black reported that the Urban Waters Forum would be held that Saturday at the MN
Landscape Arboretum.
D. TAC Members—no reports
E. Committees
i. Budget Committee
Administrator Jester noted the Budget Committee met on March 31"and had directed staff to distribute a
request for proposals for three different water monitoring projects in 2017,which is included with
meeting materials. She indicated the committee would meet again on May 4`h to finalize their budget
recommendations for the May Commission meeting.
ii. Education Committee(see agenda item 5C)
F. Legal Counsel—no reports
G. Engineer
i. Highway 169 Construction Impacts on Bassett Creek Watershed
Engineer Chandler reported that the Commission is beginning to receive information on this project and
will review components as needed.
ii. Unauthorized Filling at 1143 South Shore Drive,Medicine Lake
Engineer Chandler reported on an incident of unauthorized wetland and potential floodplain filling in the
City of Medicine Lake. She reported that the DNR,th e Commission,and City are now involved and the
landowner is cooperating with restoration orders.
6
BCWMC April 21, 2016, Meeting Minutes
7. INFORMATION ONLY (Available at http://www.bassettereckwmo.org/document/meeting-
materials-minu/meeting-materials/bewme-monthly-meeting)
A. CIP Project Updates: Now Available Online http://www.bassettcreekwmo.orfy/projects
B. Grant Tracking Summary and Spreadsheet
C. KSTP and Channel 12 News Coverage of Schaper Pond Project: http://kstp.coin/news/water-
q uality-test-floating-baffle-Bolden-vallev--bassett-creek-watershed-manaeement-
commission/408761.1/?cat=1 and
http:Htwelve.tv/news/newsitem.asp.x?newsid=324&newsitemid=30159
D. Channel 12 News Coverage of Residential BMPs/North Branch Bassett Creek:
http://www.twelve.ty/news/newsitem.aspx?newsid=1499&newsitemid=30165
E. Incident Report: Spill in Bassett Creek
F. Water Links WMWA Newsletter:
https://content.2ovdelivery.com/accounts/MNliENNE/buIletins/13bae23
G. WCA Notice of Application,Plymouth
H. WCA Notice of Application,New Hope
8. ADJOURNMENT
Chair de Lambert adjourned the meeting at 11:10 a.m.
Signature/Title Date
Signature/Title Date
7
cityof
golden,"i ,'NrMEMORANDUM
valley City Administration/Council
763-593-8003/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
3. E. Authorization to Hire The Morris Leatherman Company for Citizen Survey
Prepared By
Cheryl Weiler, Communications Manager
Summary
A Citizen Survey was budgeted in 2016. The City has previously done surveys in 1999, 2001, 2006,
and 2013. Past surveys were done by Decision Resources, Ltd (now the Morris Leatherman
Company). The survey this year will be helpful as staff begins updating the City's 2040
Comprehensive Plan, due in 2018.
Based on a survey length of 176 questions, developed by staff and Council, the Morris
Leatherman Company has quoted a price of$25,000 to conduct the telephone survey of 400
households. It is anticipated that the survey would take two to three weeks to complete and
would occur from roughly late July to early August. With this schedule, results would probably be
available in late August or early September.
Recommended Action
Motion to hire The Morris Leatherman Company to conduct the 2016 Citizen Survey at an
estimated cost of$25,000.
city 0fV
,goldenlvv MEMORANDUM
valley Administrative Services Department
763-593-8013/763-593-3969(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
3. F. Approve Requests for Beer and/or Wine at Brookview Park
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use
alcoholic beverages on any City park property, unless permission is granted by the Council." As
part of the application process for a Facilities Use Permit to use the large and small picnic shelters
at Brookview Park the applicant has the option to pay an additional $30 to be able to serve beer
and/or wine. Attached is a list of the individuals and/or organizations who have requested that
option.
Attachments
• Beer and/or wine request list (1 page)
Recommended Action
Motion to approve requests for beer and/or wine at Brookview Park as recommended by staff.
BEER AND/OR WINE REQUEST LIST
CC DATE
INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER APPROVED
Gonz, Briseida 07-23 5 pm - 10 pm Small 07-19-16
Daniel, Ada 07-24 5 pm - 10 pm Large 07-19-16
Mattson, Anne 07-24 5 pm - 10 pm Small 07-19-16
Lyons, Tim 07-27 11 am - 4 pm Small 07-19-16
Kraft, Barbara 07-29 5 pm - 10 pm Large 07-19-16
Ellings, Martha 07-29 11 am - 4 pm Small 07-19-16
Scott, Joanna 08-09 11 am - 4 pm Small 07-19-16
Hill, Jeanine 08-13 11 am - 4 pm Small 07-19-16
Dec, Cari 08-13 5 pm - 10 pm Small 07-19-16
Cerm, Jennifer 08-14 11 am - 4 pm Small 07-19-16
Pham, Hoa 08-17 11 am - 4 pm Large 07-19-16
Takkune, Emily 08-18 11 am - 4 pm Small 07-19-16
Lillemo, Bonnie 08-22 5 pm - 10 pm Large 07-19-16
Everso, Megan 08-24 11 am - 4 pm Large 07-19-16
Muehlba, Kelsy 08-24 5 pm - 10 pm Small 07-19-16
Scott, Cheryl 08-25 5 pm - 10 pm Small 07-19-16
Yoraw, Delores 08-30 11 am - 4 pm Large 07-19-16
Ratbun, Jodi 09-05 11 am - 4 pm Large 07-19-16
Brink, Greg 09-08 5 pm - 10 pm Large 07-19-16
Brink, Greg 09-15 5 pm - 10 pm Large 07-19-16
Dohmen, Anne 09-17 11 am - 4 pm Small 07-19-16
Patters, Daleha 09-18 11 am - 4 pm Small 07-19-16
city of4
�►l�den MEMORANDUM
valley Physical Development Department
763-593-8030/763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
3. G. Authorize Agreement with Short Elliot Hendrickson, Inc. for Final Design of 2017 Pavement
Management Program
Prepared By
Jeff Oliver, PE, City Engineer
Summary
On July 16, 2013, the City authorized a feasibility report for the 2015 Pavement Management
Program (PMP) to be prepared by Short Elliot Hendrickson, Inc. (SEH). The original 2015 PMP
included the entire Lakeview Park neighborhood between Plymouth Avenue and Earl Street. The
budget impact of repairs to the sanitary sewer system and water main replacement resulted in the
need to split the project into three construction years, 2015, 2016, and 2017. The public hearing
was previously completed on January 6, 2015. While much of the design work for the 2017 project
was completed previously, there is additional design work to be completed at this time.
Staff has solicited a proposal from SEH, dated June 18, 2016, (attached) in an amount not to
exceed $54,500 for additional engineering services for the 2017 PMP. Work to include final
preparation of plans and specifications, bidding services, construction staking and observation
assistance, geotechnical engineering during construction, and record drawing survey.
The streets included in the proposed 2017 PMP are:
• Independence Avenue North, Olympia Street North to Earl Street
• Hillsboro Avenue North, Olympia Street top Naper Street
• Gettysburg Avenue: Olympia Street to Naper Street
• Wheeler Boulevard: cul-de-sac to Earl Street
• Naper Street: Mendelssohn Avenue North to Flag Avenue North
• Olympia Street: Mendelssohn Avenue North to Gettysburg Avenue North
The anticipated schedule for the 2017 PMP project is as follows:
Complete Plans and Specifications: December, 2016
Open Bids: February, 2017
Begin Construction: May, 2017
Complete Construction: Fall, 2017
Attachments
• Proposal Letter from SEH to Jeff Oliver, PE, City Engineering dated June 28, 2016 for Design
and Construction Services for 2017 PMP (3 pages)
Recommended Action
Motion to authorize an agreement with SEH, Inc. for design and construction services for the 2017
PMP, not to exceed $54,500.
1
SEH
Building a Better World
for All of Use
June 28,2016 RE: City of Golden Valley,Minnesota
2017 PMP Final Design
SEH No. 125641
City No. 17-01
Mr.Jeff Oliver
City Engineer
City of Golden Valley
7800 Golden Valley Road
Golden Valley,MN 55427-4588
Dear Jeff:
Thank you for the opportunity to assist the City of Golden Valley in providing professional
engineering services for the reconstruction of streets in the 2017 Pavement Management Program
(PMP). The City is requesting a scope of work for completing the final design and bidding
documents.This letter serves as the supplemental Letter Agreement in accordance with the
Agreement for Professional Services between the City of Golden Valley and SEH.
Background
The Lakeview Park neighborhood located in the northwest part of the City was split into three PMP
project years,2015,2016,and 2017. As part of the 2017 PMP project portion,the City of Golden
Valley proposes to rehabilitate approximately 0.98 miles of streets and 0.11 miles of bituminous trail
(crossing Lakeview Park). The 2017 PMP project area is bounded by Mendelssohn Avenue North to
the west,Earl Street to the north,Gettysburg Avenue North to the east,and Olympia Street to the
south(see attached exhibit).
The proposed 2017 improvements include the construction of storm sewer pipe,drainage structures,
sanitary sewer repairs,water main replacement, bituminous trail reconstruction,and street
reconstruction including concrete curb and gutter.
SEH started preparation of the bidding documents in conjunction with the 2015 PMP project,.but put
them on hold to complete the 2015 project. SEH will finish preparing the plans for the 2017 PMP,
prepare the specifications,obtain necessary permit approvals,and provide bidding preparation
services.
Scope of Work
Bidding Documents
SEH will finish preparing the plans and create specifications for this project. Existing and proposed
profiles and alignments will be reviewed and optimized for drainage, storm sewer design will be
finalized and implemented into the plans, additional storm water BMP's will be explored, analysis
for a future storm water pond to the North of Olympia Street and West of Independence Avenue will
be performed,driveway grades will be verified and improved if possible,and utility replacement and
repairs will be shown. The plans will be finalized according to City standards and submitted to the
City staff for review and approval.
Engineers 1 Architects I Planners I Scientists
Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-5196
SEH is 100%employee-owned I sehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8166 fax
Mr.Jeff Oliver—2017 PMP Design Services
June 28,2016
Page 3
Respectively submitted,
SHORT ELLIOTT HENDRICKSON INC.
an M.Mason,PE Timothy J. Wcgwerth,PE
Principal Project Engineer
tjw
Enclosures
s:\fj\g\goldv\common\proposals\2017 pmp(construction services)Wesign 2017 pmp.docx
Approved this day of 2016
City of Golden Valley, Minnesota
By:
Title:
2017 PMP File:S:NFAG\Goldv%Common\proposalst2017 PMP(Final Design)\2017 PMP Estimated Design Services 4516.xls
City of Golden Valley
SEH No. 125641
20/7 PAfP-Bidding Daeunient Preparation
Delivernbles: 11"s/7"Plans and Specincations for Review and Permit Applications,Plans and Specifications for Bidding,
Engineers Estimate
Trask Prelat Traffic Engineer PE SmR Engineer Tahnidan Sr.PE Admin
atapager
A. Meetings
Kick-olfineeting 3 4 2
Design meeting 3 4 2
Review comment meeting 3 4
B. Final Design
Prepare final storm sewer design 2 1 2
BMP's within project to comply with MIDS 1 16 40
Pond analysis 62 12 13 6
Lighting in Lakeview Park 1 40 12
C. Plan Preparation
Title Sheet({sheet) 2
Statement of Estimated Quantities 2 sheets 2 4
Details and General Notes(5 sheets) 1 4
Tabulations 7 sheets 20 40
SWPPP(6 sheets) 4 8
Alignment Pian 2 sheets) 1 4
Typical Sections 1 sheet) 1 4 1
Intersection Details(2 sheets) 2 6
Pedestrian rams 1 sheet 4 4
Wetland Restoration Plans 1 sheet) 1 4 8 4
Gradin Sheets,Plan and Profile(10 sheets) 4 8
UtilitySheets,Plan and Profile 10 sheets 4 8
Storm Sheets,Plan and Profile(10 sheets) 4 24
Cross Sections(46 sheets 4 16
Design coordination with Ci 2 8
Address City comments 1 8 8
D. Engineers Estimate/Quantity Takeoff 16 16
E. Prepare Secification 4 24 1 4 8
F. Permit Preparation/Agency Coordination
Prepare pennit applications(Watershed,Dept.of Health) 4 8
G. Review Coordination 2 4
Total hours 551 18 21 2091 246 29 331 14
Project labor cost this phase $53,920
Equipment charges
Mileage 80
Reproductions 500
Total Proiecs cost this rusk $54.500
Uniaue components or assumptions:
Assumes costs for contract preparaton and construction bidding document copies will be paid under the construction services contract
50Ye design started under 2015 PMP contract
6/28/2016 Page 1 of 1 P-118138
city 0
olden MEMORANDUM
valleyPh
ysica 1 Development Department
763-593-8030/763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
3. H. Authorize Purchase of Property at 9450 Olympia Street
Prepared By
Jeff Oliver P.E., City Engineer
Tom Hoffman, Water Resources Technician
Summary
At the April 5, 2016, City Council meeting a resolution was approved to authorize execution of a
Flood Damage Reduction Assistance Grant Agreement. The City of Golden Valley received
$300,000 in funding from the Minnesota Department of Natural Resources Division of Water
(DNR)to acquire the home at 9450 Olympia Street, which is subject to repetitive flooding. The
funds received will be adequate to cover all costs associated with acquisition and demolition
Staff has been working with the property owner to voluntarily acquire the property. Because of
site conditions and depth of flooding, acquisition and removal is the only feasible option to
eliminate the risk of repetitive flood damage.
The City is currently working with Patchin Messner Dodd & Brumm to prepare an appraisal report
for the property. Once the final report has been delivered, staff will work with the property
owner on acquiring the property.
Attached is a resolution authorizing the City Manager to purchase the property at 9450 Olympia
Street as part of the Flood Damage Reduction Assistance Grant project.
Attachments
• Resolution Authorizing the Purchase of 9450 Olympia Street for the Flood Damage Reduction
Assistance Grant Program (2 pages)
Recommendation
Motion to adopt Resolution Authorizing the Purchase of 9450 Olympia Street for the Flood
Damage Reduction Assistance Grant Program.
Resolution 16-46 July 19, 2016
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OF CERTAIN REAL
PROPERTY FOR FLOOD DAMAGE REDUCTION ASSISTANCE GRANT PROJECT
WHEREAS, the property at 9450 Olympia Street experiences repetitive flood
damage from excess storm water runoff from adjacent neighborhoods; and
WHEREAS, it is proposed to acquire repetitive flood damaged properties in Golden
Valley in cooperation with the Minnesota Department of Natural Resources-Waters
(MNDNR); and
WHEREAS, the City Council has authorized an agreement with MNDNR for the
proposed project including the acquisition of the property necessary for the project; and
WHEREAS, it is necessary, desirable, and in the public interest to acquire real
property set out in Exhibit A attached hereto; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley that:
1. It is necessary, desirable and in the public interest to acquire the real property
described in Exhibit A, attached hereto, to eliminate repetitive flood damage and
for permanent public open space; and
2. City staff and City Attorney, or such other persons as necessary, are hereby
authorized and directed to take all necessary steps and execute all necessary
documents to acquire such real property and temporary construction easements;
and
3. The acquisition of such real property and easements is necessary and desirable
and constitutes a proper and necessary purpose.
Shepard M. Harris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor and
his signature attested by the City Clerk.
Search By: Parcel Data for Taxes Payable 2016
Click Here for the 2016 State Coov to be used when filing for the 2015 M-1PR State Refund
�® Print
Property ID: 30-118-21-32-0103
Address: 9450 OLYMPIA ST
Municipality: GOLDEN VALLEY
School Dist:
HOUSE or BUILDING#: 281 Construction year:1975
9450 Watershed:
7 Approx.Parcel Size:W 61X121
STREET NAME:tat least rirst 3 Sewer Dist: 01
characters)
Owner Name: A H&D E STRANDLUND
Olympia
Taxpayer Name ALAN H&DENISE E STRANDLUND
UNIT#of applicable) &Address:
9450 OLYMPIA ST
GOLDEN VALLEY MN 55427
Search Clear
Sale Information
Sales prices are reported as listed on the Certificate of Real Estate Value and are not
warranted to represent arms-length transactions.
records per page
Sale Date: October,1995
Sale Price: $94,000
Transaction Type: Warranty Deed
Tax Parcel Description
The following is the County Auditors description of this tax parcel.It may not be the legal description on
the most recent conveyance document recording ownership.Please refer to the legal description of this
property on the public record when preparing legal documents for recording
Addition Name: "LAKEVIEW HEIGHTS,"HENNEPIN COUNTY MINNESOTA
Lot: 009
Block: 013
First Line Metes&Bounds: INCL ADJ 1/2 OF VAC ALLEY EXCEPT ROAD
Full Metes&Bounds:
Note:To read full tax parcel description,click here. For
term abbreviations,click here.
Abstract or Torrens: ABSTRACT
Value and Tax Summary for Taxes Payable 2016
Values Established by Assessor as of January 2,2015
city of
gulden MEMORANDUM
valley Physical Development Department
763-593-8095/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
60 day deadline: August 9, 2016
Agenda Item
4. A. Public Hearing- Approval of Conditional Use Permit 153 - 8814 7th Avenue North - Big Deals
Liquidation Outlet, Applicant
Prepared By
Chloe McGuire Brigl, Planning Intern
Summary
Big Deals Liquidation Outlet (Big Deals) is proposing to include a retail component to accompany
a primary warehouse use within the multi-tenant building located at 8814 7th Avenue North. This
property is zoned Light Industrial and guided for long-term Light Industrial use. Retail sales are
allowed as an accessory use with a Conditional Use Permit (CUP) if the retail area occupies less
than 10% of the building's gross floor area.
The property contains an approximately 66,000 square foot, multi-story building with 112 parking
spaces in the front. The applicant would be assigned 8 of these spaces. A rear loading area
handles deliveries and shipping. The building currently has eight other tenants of various uses,
including recreational, office, and storage. Two other tenants have been granted conditional use
permits for retail components.
The applicant would like to lease approximately 4,400 square feet of space; approximately 2,900
square feet, or 66% of the tenant's space, would be warehouse and storage space. Approximately
1,500 square feet, or 34% of the space, would be used for the accessory retail. This translates to
2.3% of the building's total square footage. Two other accessory retail uses occupy 6.9%of the
building's gross floor area. Together, the three accessory retail uses would occupy 9.2% of the
building.
Big Deals is located in Golden Valley off Highway 55 in the Golden Valley Shopping Center and
would relocate if the CUP is approved.
Proposed retail operation hours are Tuesday through Thursday 11 am - 6 pm, and Friday and
Saturday 10 am - 5 pm. Big Deals has 4 employees and 2 employees would typically be on-site. It
is anticipated that there would be 30 to 40 customers throughout an average day, or 5 to 6
customers per hour.
The lease for the space would include 8 parking spaces. These spaces are not typically signed
within the lot.
Of the many potential impacts that are regulated through the CUP process, traffic and parking are
the primary issues that might be cause for concern with this proposal. In this instance, however,
the hours of operation and the quantity of parking spaces available on-site, appear to negate the
potential impacts.
At the June 27, 2016, Planning Commission meeting, the Commission voted unanimously, 6-0, to
recommend approval of the proposal. Specifically, the Commission felt the proposed use was in
compliance with the ten factors in the City Code that determine the eligibility of a conditional
use, subject to the following conditions:
1. The plans by submitted by the applicant on June 10, 2016, shall become a part of this
approval.
2. Retail sales shall be limited to Tuesday through Saturday.
3. In the event complaints to the City regarding parking are deemed by the City Manager or
his/her designee to be significant, the City reserves the right to require signage be installed to
highlight the existing eight parking spaces in the front parking lot and to reserve them for
customer use. Other modifications to the days or hours of operation may be required to
adequately address parking concerns.
4. The applicant shall contact the Golden Valley Fire Department to schedule a routine fire
inspection after occupying the space.
5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
• Location Map (1 page)
• Planning Commission Minutes dated June 27, 2016 (4 pages)
• Memo to the Planning Commission, dated June 27, 2016 (3 pages)
• Applicant's Narrative (1 page)
• Memo from Fire Chief John Crelly dated June 14, 2016 (1 page)
• Plans dated June 10, 2016 (1 page)
• Ordinance #608, Approval of Conditional Use Permit No. 153, 7th Avenue North, Big Deals
Liquidation Outlet, Applicant (2 pages)
Recommended Action
Motion to adopt Ordinance #608, Approval of Conditional Use Permit No. 153, 7th Avenue North,
Big Deals Liquidation Outlet, Applicant.
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Regular Meeting of the
Golden Valley Planning Commission
June 27, 2016
regular meeting of the Planning Commission was held at the Golden Valley City Hall,
C cil Chambers, 7800 Golden alley Road, Golden Valley, Minnesota, on Monday,
June 2016. Chair Segelbau called the meeting to order at 7 pm.
Those presen ere Planning C missioners r, Blum, Johnson, Kluchka,
Segelbaum, and dhauser. Al o prese ere Planning Manager Jason Zimmerman,
Associate Planner/Gra riter mi oellner, and Administrative Assistant Lisa
Wittman.
1. Approval of tes
June , 2016, Regular anning Com ' ion Meeting
MO by Kluchka, seconded y Johnson and motion c d 5 to 1 to approve the June
2016, minutes as submitted. ommissioner Baker abstained.
2. Informal Public Hearing — Conditional Use Permit— 8814 7th Avenue North —
Big Deals Liquidation Outlet— CU-153
Applicant: Big Deals Liquidation Outlet
Address: 8814 7th Avenue North
Purpose: To allow for Accessory Retail Services in the Light Industrial zoning
district.
Zimmerman referred to a site plan of the property and discussed the applicant's request
for a Conditional Use Permit to allow retail services incidental to a permitted use in a Light
Industrial zoning district at 8814 7th Avenue North. He stated that in this zoning district up
to 10% of the total building square footage can be used for accessory retail. He explained
that there are two other approved accessory retail uses in the building that occupy
approximately 6.9% of the building's total square footage and if this Conditional Use
Permit is approved, the building would have a total of 9.2%.
Zimmerman stated that the applicant currently operates in a building off Highway 55 in
Golden Valley and that they sell merchandise from retailers and catalog companies by the
truckload to other online sellers. In addition to the liquidation portion of their business,
they also have a destination business and would like to sell goods at this warehouse
location. He explained that the building at 8814 7th Avenue North is approximately 66,000
square feet in size and that the applicant's space would be approximately 4,400 square
feet in size. The wholesale/storage area would be approximately 2,900 square feet and
the retail area would be approximately 1,500 square feet which is approximately 2.3% of
the building's total square footage.
Minutes of the Golden Valley Planning Commission
June 27, 2016
Page 2
Zimmerman referred to the parking requirements and said seven spaces are required and
that the applicant has been assigned eight spaces in the front lot. He stated that the
applicant currently has about 5-6 customers per hour and will have two employees on site
and added that sales are limited to Tuesday through Saturday to help alleviate parking
concerns. Zimmerman also noted that the applicant's hours will be different than Empty
the Nest which is open Saturdays through Mondays and it will be on the opposite end of
the building from New to You Thriftique which should also help with any parking issues.
Zimmerman stated that staff is recommending approval of this Conditional Use Permit
request.
Waldhauser asked about the type of signage allowed. Zimmerman stated that the tenants
in this building have signs over their front entrances. Baker asked if additional signage will
be allowed. Zimmerman stated that the entire building is allotted a certain amount of
signage based on the zoning district it is in and the landlord can allocate it as they see fit.
Segelbaum referred to the conditions listed in the staff report regarding parking and asked
if it is fair to make the applicant responsible for parking issues rather than the property
owner. Zimmerman stated that if there are issues with parking staff would talk to all three
of the retail uses in the building, but ultimately it would be up to property owner to resolve
any issues.
Baker asked if there are options for additional tenants to pursue retail uses beyond the
10% allowed in the building. Zimmerman said no, the City does not allow use variances.
The other retail uses in the building would have to adjust or reduce their amount of retail
space in order to allow additional retail tenants.
Segelbaum asked if the building is one story. Zimmerman said there is some second-
story/mezzanine space as well. Segelbaum asked if that is included the calculation of
square footage. Zimmerman said yes.
Waldhauser asked where the applicant's current space is located. Zimmerman said they
are located in the Golden Valley Shopping Center.
Blum asked the applicants what kinds of goods they buy and sell. Scott Condon,
Applicant, stated that they buy new, open-box or damaged-box goods by the truck load.
He noted that they sell some items on-line and some in their retail space.
Waldhauser asked the applicants how they find their customers. Mr. Condon stated that
the have commercials on Comcast, and ads on Craig's List and Facebook. Laura
Condon, Applicant, added that they also have a good following of customers who tend to
find them.
Baker asked about the specific types of items they sell. Mr. Condon said they sell
bedding, furniture, clothing, toys, seasonal items, etc. Ms. Condon stated that they sell
small amounts of everything.
Minutes of the Golden Valley Planning Commission
June 27, 2016
Page 3
Segelbaum asked the applicants if they have any concerns with the amount of parking
they'll have. Mr. Condon said they think the parking will be adequate because they only
have a few customers at a time. Segelbaum asked the applicants if they have concerns
about the condition being placed on them regarding future parking concerns. Mr. Condon
said they understand the conditions.
Waldhauser noted that the existing location in the Golden Valley Shopping Center has
windows to display their items. She asked if not having windows in the proposed new
location will affect their business. Mr. Condon said he doesn't think it will be necessary to
have front windows. Ms. Condon stated that the other uses in the building will
complement their business and there will also be fewer opportunities for break-ins.
Johnson referred to the floor plans submitted and questioned why it shows that the entry
is to be determined. Mr. Condon explained that the space is being remodeled and that the
exact location of the entry is unknown, but it will probably be in the same location as the
existing entry.
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Waldhauser said this proposal seems reasonable and is a good use for a building with
vacancies. Baker agreed and said he likes that it is complimentary to the other uses in the
building.
Segelbaum asked the Commissioners if they have any concerns about parking or the
condition listed in the staff report regarding parking. Baker said he thinks the City will be
able to address any issues that may arise.
Kluchka asked about the sidewalk plans for this area. Zimmerman stated that there will be
sidewalk linking Culver's and TruStone. He said he is not sure about the plans on the
north side of the street, but that the Bicycle and Pedestrian Task Force will be considering
it.
MOVED by Kluchka, seconded by Baker and motion carried unanimously to recommend
approval of the proposed Conditional Use Permit subject to the following findings and
conditions:
Findings:
1. Demonstrated Need for the Proposed Use: Big Deals Liquidation Outlet is an
existing business that has shown a demand exists for the services they provide.
Based on their past experiences, they are able to accurately predict the expected
amount of retail demand there would be for their operations.
2. Consistency with the Comprehensive Plan: A warehouse use with a retail
component is consistent with the Light Industrial designation of this property on the
General Land Use Plan Map.
Minutes of the Golden Valley Planning Commission
June 27, 2016
Page 4
3. Effect on Property Values: Staff anticipates the new use would have no impact on
the surrounding property values.
4. Effect on Traffic: The number of trips associated with the proposed use is
moderate and concentrated Tuesday through Saturday. Staff does not expect any
negative traffic impacts to the surrounding areas.
5. Effect of Increases in Population and Density: The proposed use may generate a
minor increase in the number of employees at the location.
6. Increase in Noise Levels: The proposed use is not anticipated to cause an
increase in noise levels.
7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause
an increase in dust, odor, or vibrations.
8. Impact of Pests: The proposed use is not anticipated to attract pests.
9. Visual Impact: Because the proposed use would involve only interior modifications,
staff does not anticipate a change in the visual quality of the property.
10.Other Impacts to the City and Residents: Staff does not anticipate any other
negative effects of the proposed use. The location is a multi-tenant light industrial
property with adequate parking to serve the individual uses.
Conditions:
1. The plans submitted by the applicant dated June 10, 2016, shall become a part of
this approval.
2. Retail sales shall be limited to Tuesday through Saturday
3. In the event complaints to the City regarding parking are deemed by the City
Manager or his/her designee to be significant, the City reserves the right to require
signage be installed to highlight the existing eight parking spaces in the front parking
lot and to reserve them for customer use. Other modifications to the days or hours of
operation may be required to adequately address parking concerns.
4. The applicant shall contact the Golden Valley Fire Department to schedule a routine
fire inspection after occupying the space.
5. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
--Short Recess--
Reports on Meeti gs of the Housing and Redevelopment Authority, City
Council, Board o Zoning Appeals and other Meetings
No reports re given.
4. Other Busi
Council Lia i ort
Council Memb ch gall repo on the June 21 City Council meeting. He stated
that the cil appro d the Conditio Use Permit for the ceramics studio at 1000
Boo venue and th Conditional Use Permit for Morrie's Heritage Car Connection at
rw.l .v o k
d11
goleo MEMORANDUM
valley Physical Development Department
_ _
763 593 8095!763-593-8109(fax)
Date: June 27, 2016
To: Golden Valley Planning Commission
From: Chloe McGuire Brigl, Planning Intern
Subject: Informal Public Hearing—Conditional Use Permit (CUP-153)to Allow for Accessory
Retail Services Incidental to a Permitted Use at 8814 7th Avenue North
— Big Deals Liquidation Outlet, Applicant
Background and Proposed Use
Big Deals Liquidation Outlet is proposing to include a retail component to accompany a primary
warehouse use in its targeted location at 8814 7th Avenue North. This property is zoned Light
Industrial and guided for long-term Light Industrial use. Retail sales are allowed as an accessory
use with a Conditional Use Permit (CUP) if the retail area occupies less than 10% of the building's
gross floor area.
The subject property is bounded by 7th Avenue North to the south and industrial properties to
the north. It is directly across the street from the new TruStone Credit Union and the Perkins and
Culver's restaurants.
The applicant would like to lease approximately 4,400 square feet of space in a multi-tenant
building. The proposed retail component would use roughly 1,500 square feet in a building with
66,142 square feet gross floor area. This translates to 2.3% of the building's total square footage.
Two other accessory retail uses already occupy 6.9% of the building. Together, the three
accessory retail uses would occupy 9.2%of the building's gross floor area.
The applicant currently leases space in another Golden Valley building off Highway 55. Big Deals
Liquidation Outlet is a destination and online business. The majority of the space, approximately
2,900 square feet, or 66% of the tenant's space, would be dedicated to merchandise to be
liquidated via truck or sent out for mail orders. Approximately 1,500 square feet, or 34% of the
space, would be used for destination retail. This area would have retail shelving, a checkout
counter, and an open area for furniture display. Big Deals Liquidation Outlet has 4 total
employees.
If the CUP were to be approved, the applicant would relocate to the proposed site. Proposed
days and hours for the retail operation are 11 am—6 pm Tuesday through Thursday, and 10 am —
5 pm Friday and Saturday. Big Deals Liquidation Outlet states that these hours were chosen
strategically to complement the other two existing accessory retail locations in the building and
attempt to minimize car traffic in the parking lot.
The hours for the other accessory retail locations in the building are currently as follows:
Empty the Nest:
10 am —6 pm on Saturdays, 11 am —5 pm on Sundays, and 10 am —6 pm on Mondays
New to You Thriftique:
10 am —5 pm on Wednesdays and Fridays, 10 am —7 pm on Thursdays
The site has a.front parking lot that contains 112 spaces. The applicant has been assigned eight of
these spaces. A rear loading area handles deliveries and shipping.
By code, retail uses require 1 parking space for every 250 square feet of gross floor area.
Warehouse uses require 1 parking space for every 3,000 square feet for gross floor area. Based
on the proposed layout,the applicant would need:
1,500 sq. ft. retail @ 1 space per 250 sq. ft. 6.0
2,900 sq. ft. warehouse @ 1 space per 3,000 sq. ft. .97
7.0 spaces required
The only remaining concern is if the weekday retail sales and its associated parking could create a
conflict with the parking for the regular businesses in operation during the week. The applicant
has indicated that they expect 30-40 customers throughout an average day. This equates to
around 5-6 customers per hour. Staff is recommending a condition of approval be included that
requires the applicant to work with the City to revise hours and parking if necessary to address
any issues that arise.
Evaluation
The findings and recommendations for a Conditional Use Permit are based upon any or all of the
following factors:
1. Demonstrated Need for the Proposed Use: Big Deals Liquidation Outlet is an existing
business that has shown a demand exists for the services they provide. Based on their past
experiences, they are able to accurately predict the expected amount of retail demand there
would be for their operations.
2. Consistency with the Comprehensive Plan: A warehouse use with a retail component is
consistent with the Light Industrial designation of this property on the General Land Use Plan
Map.
3. Effect on Property Values: Staff anticipates the new use would have no impact on the
surrounding property values.
4. Effect on Traffic: The number of trips associated with the proposed use is moderate and
concentrated Tuesday through Saturday. Staff does not expect any negative traffic impacts to
the surrounding areas.
5. Effect of Increases in Population and Density: The proposed use may generate a minor
increase in the number of employees at the location.
6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise
levels.
7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase
in dust, odor, or vibrations.
8. Impact of Pests:The proposed use is not anticipated to attract pests.
9. Visual Impact: Because the proposed use would involve only interior modifications, staff does
not anticipate a change in the visual quality of the property.
10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects
of the proposed use. The location is a multi-tenant light industrial property with adequate
parking to serve the individual uses.
Recommended Action
Staff recommends approval of Conditional Use Permit 153 allowing for accessory retail services
incidental to a permitted use at 8814 7th Avenue North. The approval of a Conditional Use Permit
is subject to the following conditions:
Planning
1. The plans submitted by the applicant dated June 10, 2016, shall become a part of this
approval.
2. Retail sales shall be limited to Tuesday through Saturday
3. In the event complaints to the City regarding parking are deemed by the City Manager or
his/her designee to be significant, the City reserves the right to require signage be installed to
highlight the existing eight parking spaces in the front parking lot and to reserve them for
customer use. Other modifications to the days or hours of operation may be required to
adequately address parking concerns.
Fire
4. The applicant shall contact the Golden Valley Fire Department to schedule a routine fire
inspection after occupying the space.
5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws
with authority over this development.
Attachments
Location Map (1 page)
Applicant's Narrative (1 page)
Plans received June 10, 2016 (1 page)
B!G DEALS Liquidation Outlet® buys and sells a wide selection of merchandise acquired from retailers
and catalog companies. We sell by the truckload, pallet and piece to other liquidators, retailers and
online sellers. The majority of our space (2900 sq ft, see attached map)will be designated for the
transportation of merchandise to and from our warehouse via truck and mail order sales. The
remainder of the space (1500 sq ft, see attached map)will be designated for our retail operation selling
items to individuals via hours of operation. We have a total of 4 employees between the warehouse,
online sales department and retail store.
Our proposed hours of operation for our retail site are:
Tuesday, Wednesday,Thursday 11am-6pm
Friday and Saturday 10am-5pm
We are a destination business and expect to have 30-40 customers throughout the day. Our space will
consist of retail shelving a retail checkout counter, and an open area for furniture display.
We don't feel this will disrupt the neighboring tenants as our hours vary slightly from both Empty the
Nest and New to you Thriftique minimizing the car traffic coming in and out of the parking lot.
Please let us know if you have any other questions or concerns.
Sincerely,
Laura Condon
Cit �
goldc* n 1r,
valley Fire Department
763-593-8080/763-593-8098 (fax)
Date: June 14, 2016
To: Jason Zimmerman, Planning Manager
Emily Goellner, Associate Planner
Lisa Wittman, Administrative Assistant
From: Rick Hammerschmidt, Deputy Fire Chief
Subject: CUP, Big Deals Liquidation Outlet, 8814 7th Ave North
I have reviewed the conditional use permit information for the Big Deals Liquidation Outlet, 8814 7th
Ave North and have listed my comments below.
• The buildings fire sprinkler system must meet NFPA 13 requirements for the intended
occupancy use.
• Contact the Golden Valley Fire Department to schedule a routine fire inspection after
occupying the space
SUMMARY AND RECOMMENDATIONS
Based on the site conditions depicted and the comments required above, the fire department finds the
proposed CUP at this property acceptable.
If you have any questions, please feel free to contact me at 763 593-8080 or by email,
rhammerschmidtCa goldenvalleymn.gov
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ORDINANCE NO. 608, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 153
8814 7th Avenue North
Big Deals Liquidation Outlet, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is
amended in Section 11.10, Subd. 2, and Section 11.35, by approving a Conditional Use
Permit for a certain tract of land at 8814 7th Avenue North, thereby allowing sales and
leasing of new and used vehicles in the Light Industrial Zoning District.
This Conditional Use Permit is approved based on the findings of the Planning
Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby
adopted and incorporated herein as follows:
1. Big Deals Liquidation Outlet is an existing business that has shown a demand exists for
the services they provide. Based on their past experiences, they are able to accurately
predict the expected amount of retail demand there would be for their operations.
2. A warehouse use with a retail component is consistent with the Light Industrial
designation of this property on the General Land Use Plan Map.
3. Staff anticipates the new use would have no impact on the surrounding property values.
4. The number of trips associated with the proposed use is moderate and concentrated
Tuesday through Saturday. Staff does not expect any negative traffic impacts to the
surrounding areas.
5. The proposed use may generate a minor increase in the number of employees at the
location.
6. The proposed use is not anticipated to cause an increase in noise levels.
7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations.
8. The proposed use is not anticipated to attract pests.
9. Because the proposed use would involve only interior modifications, staff does not
anticipate a change in the visual quality of the property.
10.Staff does not anticipate any other negative effects of the proposed use. The location is
a multi-tenant light industrial property with adequate parking to serve the individual
uses.
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 plans by submitted by the applicant on June 10, 2016, shall become a part of this
approval.
2. Retail sales shall be limited to Tuesday through Saturday.
3. In the event complaints to the City regarding parking are deemed by the City Manager
or his/her designee to be significant, the City reserves the right to require signage be
installed to highlight the existing eight parking spaces in the front parking lot and to
reserve them for customer use. Other modifications to the days or hours of operation
may be required to adequately address parking concerns.
Ordinance No. 608 -2- July 19, 2016
4. The applicant shall contact the Golden Valley Fire Department to schedule a routine fire
inspection after occupying the space.
5. This approval is subject to all other state, federal, and local ordinances, regulations, or
laws with authority over this development.
Section 2. The tract of land affected by this ordinance is legally described as follows:
Lot 3, Block 2, Golden Valley Industrial Park
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 19th day of July, 2016.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Kristine A. Luedke
Kristine A. Luedke, City Clerk
city 0f
olden MEMORANDUM
valley City Administration/Council
JJ 763-593-8003/763-593-8109(fax)
Executive Summary
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
6. A. Approve Citizen Survey Questions
Prepared By
Cheryl Weiler, Communications Manager
Summary
Using the 2013 Citizen Survey as a starting point to retain benchmark questions, staff and Council
drafted topics for a 2016 Citizen Survey. At the May 10 Council/Manager Meeting, Council
directed staff to work with Morris Leatherman Company to develop final survey questions. Staff
then met to remove 15 questions from the survey to stay within the allotted budget.
Attachments
• Citizen Survey showing minor edits and 15 removed questions (24 pages)
Recommended Action
Approve the questions for the 2016 Citizen Survey.
THE MORRIS LEATHERMAN COMPANY City of Golden Valley
3128 Dean Court Residential Survey
Minneapolis, Minnesota 55416 PRELIMINARY JUNE 2016
Hello, I 'm of the Morris Leatherman Company, a polling
firm located in Minneapolis. We have been retained by the City of
Golden Valley to speak with a random sample of residents about
issues facing the community. This survey is being conducted
because the City Council and City Staff are interested in your
opinions and suggestions about current and future city needs. I
want to assure you that all individual responses will be held
strictly confidential; only summaries of the entire sample will
be reported.
1 . Approximately how many years have LESS THAN TWO YEARS. . . . . 1
you lived in Golden Valley? TWO TO FIVE YEARS. . . . . . .2
FIVE TO TEN YEARS. . . . . . .3
TEN TO TWENTY YEARS. . . . . 4
20 TO 30 YEARS. . . . . . . . . . 5
OVER THIRTY YEARS. . . . . . . 6
DON'T KNOW/REFUSED. . . . . . 7
2 . As things now stand, how long in LESS THAN TWO YEARS. . . . . 1
the future do you expect to TWO TO FIVE YEARS. . . . . . .2
live in Golden Valley? FIVE TO TEN YEARS. . . . . . . 3
OVER TEN YEARS. . . . . . . . . . 4
REST OF LIFE. . . . . . . . . . . .5
OVER THIRTY YEARS. . . . . . . 6
DON'T KNOW/REFUSED. . . . . .?
3. How would you rate the quality of EXCELLENT. . . . . . . . . . . . . . . 1
life in Golden Valley -- excel- GOOD. . . . . . . . . . . . . . . . . . . .2
lent, good, only fair, or poor? ONLY FAIR. . . . . . . . . . . . . . . 3
POOR. . . . . . . . . . . . . . . . . . . . 4
DON'T KNOW/REFUSED. . . . . .5
Many people talk about "quality" these days. They might say
something is "high quality" or "low quality. " I 'd like you to
think about the City of Golden Valley for a moment.
4 . When you think about this community, DON' T KNOW/REFUSED. . . . . 00
what comes to mind, if anything, as NOTHING. . . . . . . . . . . . . . . . 01
being "high quality?" HOUSING/NEIGHBORHOOD. . . 02
CITY GOVT/SERVICES. . . . . 03
SCHOOLS. . . . . . . . . . . . . . . . 04
PARKS AND TRAILS. . . . . . . 05
PEOPLE. . . . . . . . . . . . . . . . . 06
NATURAL/OPEN SPACES. . . . 07
5. And, when you think about this com- UNSURE. . . . . . . . . . . . . . . . . 00
munity, what comes to mind, if any- NOTHING. . . . . . . . . . . . . . . .01
thing, as being "low quality?" CITY COUNCIL/GOVT. . . . . .02
STREETS. . . . . . . . . . . . . . . .03
JOB MARKET. . . . . . . . . . . . . 04
ECONOMIC DEVELOPMENT. . . 05
SCHOOLS. . . . . . . . . . . . . . . .06
LOW INCOME HOUSING. . . . .07
LACK PUBLIC TRANSIT. . . .08
6. What do you think is the most seri- UNSURE. . . . . . . . . . . . . . . . . 00
ous issue facing Golden Valley NOTHING. . . . . . . . . . . . . . . . 01
today? HIGH TAXES. . . . . . . . . . . . .02
POOR CITY SPENDING. . . . .03
RISING CRIME. . . . . . . . . . .04
LACK OF JOBS. . . . . . . . . . . 05
LACK OF BUSINESSES. . . . . 06
TOO MUCH GROWTH. . . . . . . . 07
STREET MAINTENANCE. . . . .08
GROWING DIVERSITY. . . . . . 09
LIGHT RAIL DEVELOPMENT. 10
7 . All in all, do you think things in RIGHT DIRECTION. . . . . . . . .1
Golden Valley are generally headed WRONG TRACK. . . . . . . . . . . . .2
in the right direction, or do you DON'T KNOW/REFUSED. . . . . .3
feel things are off on the wrong
track?
Moving on. . . .
As you may know, property taxes are divided between the City of
Golden Valley and various other units of local government.
Thinking about the amount going to the City. . . .
8 . Do you think the city portion of VERY HIGH. . . . . . . . . . . . . . .1
your property taxes, which funds SOMEWHAT HIGH. . . . . . . . . . .2
City services in Golden Valley is ABOUT AVERAGE. . . . . . . . . . .3
very high, somewhat high, about av- SOMEWHAT LOW. . . . . . . . . . . .4
erage, somewhat low or very low in VERY LOW. . . . . . . . . . . . . . . .5
comparison with nearby suburban DON'T KNOW/REFUSED. . . . . . 6
communities?
I would like to read you a list of a few city services. For
each one, please tell me whether you would rate the quality of
the service as excellent, good, only fair, or poor? (ROTATE)
EXCL GOOD FAIR POOR DK/R
9. Police protection? 1 2 3 4 5
10. Fire protection? 1 2 3 4 5
11 . Recycling service? 1 2 3 4 5
12 . Storm drainage and flood
control? 1 2 3 4 5
13. Park maintenance? 1 2 3 4 5
14 . City recreation facilities? 1 2 3 4 5
15. City-sponsored recreation
programs? 1 2 3 4 5
16. Neighborhood Watch Programs? 1 2 3 4 5
17 . Animal control? 1 2 3 4 5
18 . Communications, such as news-
letters, cable television,
media coverage and web site? 1 2 3 4 5
19. Street lighting? 1 2 3 4 5
I Z.Sui=€e ee—wa tem and nat-u iaz
re se d E ee s Fftanageiften-c? 3 4�
21 . Code enforcement for
property maintenance?
22 . Quality of city drinking
water? 1 2 3 4 5
23 . Dependability of city
drinking water? 1 2 3 4 5
24 . Quality of sanitary sewer
service? 1 2 3 4 5
25. Dependability of sanitary
sewer service? 1 2 3 4 5
Now, for the next three city services, please consider only
their job on city-maintained street and roads. That means
excluding interstate highways, state and county roads that are
taken care of by other levels of government. Hence, Interstate
394, Highway 55, Highway 100, County Road 156 or Winnetka Avenue,
should not be considered. How would you rate . . . .
EXCL GOOD FAIR POOR DK/R
26. City street repair and
maintenance? 1 2 3 4 5
27 . Snow plowing? 1 2 3 4 5
IF ANY SERVICE IS RATED "ONLY FAIR" OR "POOR" IN QUESTIONS
#9 TO #27, ASK:
28 . Why did you rate DON' T KNOW/REFUSED. . . . . 00
as (only fair/poor) ? SLOW SERVICE. . . . . . . . . . . 01
POOR STREET REPAIR. . . . . 02
POOR WATER. . . . . . . . . . . . . 03
FLOODING. . . . . . . . . . . . . . . 04
LOOSE ANIMALS. . . . . . . . . . 05
POOR QUALITY SERVICE. . . 06
MORE LIGHTS. . . . . . . . . . . . 07
MORE REC FACILITIES. . . . 08
WEEKLY RECYCLING. . . . . . . 09
MORE NEI WATCH. . . . . . . . . 10
29. When you consider the property EXCELLENT. . . . . . . . . . . . . . . 1
taxes you pay and the quality of GOOD. . . . . . . . . . . . . . . . . . . .2
city services you receive, would ONLY FAIR. . . . . . . . . . . . . . . 3
you rate the general value of city POOR. . . . . . . . . . . . . . . . . . . . 4
services as excellent, good, only DON'T KNOW/REFUSED. . . . . . 5
fair, or poor?
30 . Would you favor or oppose an in- FAVOR. . . . . . . . . . . . . . . . . . . 1
crease in city property taxes, OPPOSE. . . . . . . . . . . . . . . . . .2
if it were needed to maintain DON'T KNOW/REFUSED. . . . . . 3
city services at their current
level?
31 . What should be the highest priority for city services?
(ROTATE AND READ LIST)
Creating community connections, such as
neighborhood associations and community events. . . . . . . 1
Maintaining and improving infrastructure, such
as roads, water and sewer. . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Improving public safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Economic development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
More housing development in high-traffic areas
rather than neighborhoods. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ELSE (VOL. ) . . . 6
DON' T KNOW/REFUSED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Continuing. . . .
In an effort to improve snowplowing, two years ago the City passed
a winter parking ordinance that restricts parking on City streets
from midnight to 6 am from November 1 through March 31 .
32 . Would you favor or oppose changing STRONGLY FAVOR. . . . . . . . . . 1
the ordinance to restrict parking FAVOR. . . . . . . . . . . . . . . . . . .2
from 2am to 6am? (WAIT FOR RE- OPPOSE. . . . . . . . . . . . . . . . . . 3
SPONSE) Do you feel strongly that STRONGLY OPPOSE. . . . . . . . . 4
way? DON' T KNOW/REFUSED. . . . . . 5
Thinking about city infrastructure, such as water and sanitary
sewer systems, roads and parks. . . .
33 . Are you concerned about the aging NO. . . . . . . . . . . . . . . . . . . . . . 1
of the city' s infrastructure? (IF YES/VERY CONCERNED. . . . . .2
"YES, " ASK: ) How concerned are you YES/SOMEWHAT CONCERNED. .3
- very concerned, somewhat con- YES/NOT TOO CONCERNED. . .4
cerned, not too concerned or not at YES/NOT AT ALL CONCERN. . 5
all concerned? DON' T KNOW/REFUSED. . . . . . 6
Studies have shown infrastructure in mature cities across the
United States needs major repair and replacement in coming years.
For each of the following infrastructure projects, please tell me
if you strongly support the City using property taxes or fees to
repair and replace it, somewhat support, somewhat oppose or
strongly oppose.
STS SMS SMO STO DKR
34 . Water and sewer pipes? 1 2 3 4 5
I 35. PaiAECity buildings and facilities? 1 2 3 4
5
36 . Sidewalks and trails? 1 2
3 4 5
37 . City roads? 1 2 3 4 5
if f tee-si4ewalre—tee eenet-i=ae;�=ed, the G!4cy weld be fae�Rg
add_tiena! Fftaintenanee eeste In ei=dei� :cI e keeptlrese eest-s
elewn. . . .
3 S W e tt!4 year-ei= tttefftkqei=s—e f—yetiyetiL= YES 1
hers a h el Eieb e Fad e g t o slie�v-e �d E . . . . . . . . . . . . . . . .2
�,}.,
-
L___L_ __ _1
Moving on. . . . .
I would like to read you a list of characteristics of a community.
For each one, please tell me if you think Golden Valley currently
has too many or too much, too few or too little, or about the
right amount.
MANY FEW/ ABT DK/
/MCH LITT RGHT REFD
39. affordable rental units? 1 2 3 4
40 . luxury high amenity rental
units? 1 2 3 4
41 . Condominiums and townhouses? 1 2 3 4
42 . Starter homes for young
families? 1 2 3 4
43 . "Move up" housing for families
looking for a larger home? 1 2 3 4
44 . Executive high-end housing? 1 2 3 4
45 . assisted living for seniors? 1 2 3 4
46. one level housing for seniors
maintained by an association? 1 2 3 4
47 . affordable housing, defined as
a single family home costing less
than $160,250? 1 2 3 4
48 . Parks and open spaces? 1 2 3 4
49. Trails and bikeways? 1 2 3 4
50 . Light manufacturing businesses
and jobs? 1 2 3 4
51. Service and retail establish-
ments? 1 2 3 4
52 . Entertainment establishments,
such as movie theaters and
night clubs? 1 2 3 4
53. Restaurants? 1 2 3 4
54 . How would you rate general econo- EXCELLENT. . . . . . . . . . . . . . .1
mic development in the City of GOOD. . . . . . . . . . . . . . . . . . . .2
Golden Valley -- excellent, ONLY FAIR. . . . . . . . . . . . . . .3
good, only fair, or poor? POOR. . . . . . . . . . . . . . . . . . . .4
DON'T KNOW/REFUSED. . . . . .5
55 . How would you rate the city' s ef- EXCELLENT. . . . . . . . . . . . . . . 1
forts to attract new businesses -- GOOD. . . . . . . . . . . . . . . . . . . .2
- excellent, good, only fair or ONLY FAIR. . . . . . . . . . . . . . .3
poor? POOR. . . . . . . . . . . . . . . . . . . .4
DON' T KNOW/REFUSED. . . . . .5
As the City of Golden Valley continues economic development. . . .
56. Are there any types of development you would like to see in
the city? (IF "YES, " ASK: ) What are they? (PROBE)
57 . Are there any types of development you would strongly op-
pose? (PROBE)
98. Be-yeu suppei=t eE eppes-e—tiie-Erty STRGNG13* 8HPPGRT. . . . . . . . 1
pEevading f4:naee4!a! ineentfees to SUPPGRT* . . . . . . . . . . . . . . . .2
feel stL=eiqg1y that baa PGNI £ KNGW1/RBF'9sEB. . . . . .5
Continuing. . . .
59. How would you rate the general EXCELLENT. . . . . . . . . . . . . . . 1
condition and appearance of indus- GOOD. . . . . . . . . . . . . . . . . . . .2
trial, commercial and residential ONLY FAIR. . . . . . . . . . . . . . . 3
properties in Golden Valley - ex- POOR. . . . . . . . . . . . . . . . . . . . 4
cellent, good, only fair or poor? DON'T KNOW/REFUSED. . . . . . 5
Recent trends have encouraged significant remodeling, additional
property subdivisions and even the tearing down and reconstruction
of homes in Golden Valley.
60. Do you think this is a good idea or STRONGLY YES. . . . . . . . . . . . 1
bad idea in the City of Golden YES. . . . . . . . . . . . . . . . . . . . .2
Valley? (WAIT FOR RESPONSE) Do you NO. . . . . . . . . . . . . . . . . . . . . . 3
feel strongly that way? STRONGLY NO. . . . . . . . . . . . . 4
DON'T KNOW/REFUSED. . . . . .5
Thinking about another topic. . . .
61 . In one or two words, what is your DON' T KNOW/REFUSED. . . . . 00
perception of the Golden Valley NOTHING. . . . . . . . . . . . . . . .01
Police Department? EXCELLENT. . . . . . . . . . . . . . 02
GOOD. . . . . . . . . . . . . . . . . . .03
HELPFUL. . . . . . . . . . . . . . . . 04
STRICT. . . . . . . . . . . . . . . . . 05
RUDE/ARROGANT. . . . . . . . . .06
LAZY. . . . . . . . . . . . . . . . . . .07
NICE. . . . . . . . . . . . . . . . . . . 08
AVERAGE. . . . . . . . . . . . . . . . 09
62 . Prior to this survey, were you aware AWARE. . . . . . . . . . . . . . . . . . . 1
of Golden Valley Police Department UNAWARE. . . . . . . . . . . . . . . . .2
community programs, such as Night DON' T KNOW/REFUSED. . . . . . 3
to Unite, Police in the Park, the
Citizen' s Academy, GVPD University,
and open houses?
63. During the past year, have you YES. . . . . . . . . . . . . . . . . . . . . 1
or any member of your household NO. . . . . . . . . . . . . . . . . . . . . .2
had any contact with the Golden DON'T KNOW/REFUSED. . . . . . 3
Valley Police Department through
these community programs?
IF "YES, " ASK:
64 . How would you rate your exper- EXCELLENT. . . . . . . . . . . . . . . 1
ience with these community pro-GOOD. . . . . . . . . . . . . . . . . . . .2
grams - excellent, good, only ONLY FAIR. . . . . . . . . . . . . . . 3
fair or poor? POOR. . . . . . . . . . . . . . . . . . . . 4
DON' T KNOW/REFUSED. . . . . . 5
65. In the past two years, have you YES. . . . . . . . . . . . . . . . . . . . . 1
had any other contact with the NO. . . . . . . . . . . . . . . . . . . . . .2
Golden Valley Police Department? DON'T KNOW/REFUSED. . . . . . 3
IF "YES, " ASK:
66. Was the situation one involv- TRAFFIC VIOLATION. . . . . . . 1
ing traffic violations, in- INVESTIGATION. . . . . . . . . . .2
vestigation of a crime, pro- EMERGENCY SERVICES. . . . . .3
viding emergency services, SOMETHING ELSE. . . . . . . . . .4
or something else? DON'T KNOW/REFUSED. . . . . .5
67 . Would you say the way the Po- EXCELLENT. . . . . . . . . . . . . . .1
lice Department handled the GOOD. . . . . . . . . . . . . . . . . . . .2
situation was excellent, ONLY FAIR. . . . . . . . . . . . . . .3
good, only fair, or poor? POOR. . . . . . . . . . . . . . . . . . . .4
DON'T KNOW/REFUSED. . . . . .5
68 . Would you say the time it YES. . . . . . . . . . . . . . . . . . . . . 1
took the Police Department to NO. . . . . . . . . . . . . . . . . . . . . .2
respond was prompt? DON'T KNOW/REFUSED. . . . . .3
69. Would you say the Police De- YES. . . . . . . . . . . . . . . . . . . . . 1
partment personnel were NO. . . . . . . . . . . . . . . . . . . . . .2
courteous and acted in a pro- DON'T KNOW/REFUSED. . . . . . 3
fessional manner?
70 . If you could choose the best way for you to receive
information and updates from the Police Department, what
would it be?
1 . Are theiFe ai-eas in Gel6en V�alley :�ZES. . . . . . . . . . . . . . . . . . . . . 1
where yed de net feel: safe? WA. . . . . . . . . . . . . . . . . . . . . . .
�
n rr m y7rnTL/nc rn 7
TT V 7��.r�� �V-TZRPG'S�r7'TrD�P�7SL
Safe? EVER4'WHERE. . . . . . . . . . . . . &l
MINNEAPOLIS BGRPER. . . . . 02
EARKS,4RA9;13S. . . . . . . . . . . 0�
T/ W TN r G rtE T r�E T SST
APARTMENTS. . . . . . . . . . . . . n Z5
13AGrGF1IG i S . . . . . . . . . n-i
13AGK OF PJ131cE. . . . . . . . . n2
T—G PR4GR DIVERSIT*.�. . nz3
RIMB.. . . . . . . . . . . . . . . . . . 94
T GW 2NGG eC11S'Ca
G7
7
4 . Hew we id ld yeu-rate-the-a-ffteunt-e fT-G8 X ;4 G H. . . . . . . . . . . . . . . . 1
Lica f f /film IGHL _+ TT
e ee€e�ee�ee�, strel3 as I�B�rR•�zrr49H�I�'. . . . . .;2
. . . . . . . . . . . . .
by-t14e-peliee—tee �t�e�abeid 90NTKNGW tF�c . 4
75. How would you rate the amount of TOO MUCH. . . . . . . . . . . . . . . .1
police patrolling in your resi- ABOUT RIGHT AMOUNT. . . . . .2
dential neighborhood -- too much, NOT ENOUGH. . . . . . . . . . . . . . 3
about right, or not enough? DON'T KNOW/REFUSED. . . . . . 4
I would like to read you a short list of publle safety
prebleffiscriminal justice issues.
76. Please tell me which one you consider to be the greatest
reJ91ef issue in Golden Valley? If you feel that none of
these pr-eble~s issues are serious in Golden Valley, just say
SO. (READ LIST)
Juvenile crime, such as vandalism. . . . . . . . . . . . . . . . . . 01
Domestic abuse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02
Violent crime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03
Traffic safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04
Drugs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 05
Business crimes, such as shop-
lifting and check fraud. . . . . . . . . . . . . . . . . . . . . . . 06
Residential crimes, such as
burglary, theft and disorderly
houses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .07
ALL EQUALLY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .08
NONE OF THE ABOVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .09
DON'T KNOW/REFUSED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Golden Valley' s firefighters are paid on-call, meaning they are
residents and corporate citizens of the City who are paid for the
hours they spend training and responding to fire calls from work
and home.
77 . Would you or any members of house- YES. . . . . . . . . . . . . . . . . . . . . 1
hold ever consider becoming a fire- NO. . . . . . . . . . . . . . . . . . . . . .2
fighter in the city? DON' T KNOW/REFUSED. . . . . . 3
IF "NO, " ASK:
78. What are the greatest barriers DON' T KNOW/REFUSED. . . . . 00
for you or members of your NO TIME. . . . . . . . . . . . . . . . 01
household to consider becoming NO INTEREST. . . . . . . . . . . . 02
a firefighter in the city? AGE/HEALTH ISSUES. . . . . . 03
NOT HIGH PAY. . . . . . . . . . . 04
Currently Golden Valley' s response time to a fire call is around 8
minutes .
79. Is this response time acceptable? YES. . . . . . . . . . . . . . . . . . . . .1
NO. . . . . . . . . . . . . . . . . . . . . .2
DON' T KNOW/REFUSED. . . . . .3
IF "NO, " ASK:
80. Would you support a property YES. . . . . . . . . . . . . . . . . . . . . 1
tax increase to reduce the NO. . . . . . . . . . . . . . . . . . . . . .2
response time? DON' T KNOW/REFUSED. . . . . .3
Moving on. . . . .
81. Have you participated in the City YES. . . . . . . . . . . . . . . . . . . . . 1
Brush Pick-Up, Leaf Drop or Mighty NO. . . . . . . . . . . . . . . . . . . . . .2
Tidy Day? DON' T KNOW/REFUSED. . . . . . 3
IF "YES," ASK:
82. How would you rate the City EXCELLENT. . . . . . . . . . . . . . . 1
Brush Pick-Up, Leaf Drop or GOOD. . . . . . . . . . . . . . . . . . . .2
Mighty Tidy Day -- excellent, ONLY FAIR. . . . . . . . . . . . . . . 3
good, only fair or poor? POOR. . . . . . . . . . . . . . . . . . . . 4
DON' T KNOW/REFUSED. . . . . . 5
83. How important are the City Brush VERY IMPORTANT. . . . . . . . . . 1
Pick-up, Leaf Drop or Mighty Tidy SOMEWHAT IMPORTANT. . . . . .2
Day programs to you and your house- NOT TOO IMPORTANT. . . . . . . 3
hold - very important, somewhat NOT AT ALL IMPORTANT. . . . 4
important, not too important or not DON' T KNOW/REFUSED. . . . . . 5
at all important?
For each of the following waste removal services, please tell if
you are currently using the service. For those you are not using,
please tell me if you are very interested, somewhat interested or
not too interested in that service.
YES VRI SMI NTI DKR
84 . Curbside pick-up of organics? 1 2 3 4 5
85. Curbside pick-up of yard waste
and small brush? 1 2 3 4 5
86. Yard waste drop-off site? 1 2 3 4 5
87 . iee diiat--Dirt and mulch pick up? 1 2 3 4
5
Most communities have one of two systems for garbage collection.
In an open collection system, like the City of Golden Valley,
residents choose their hauler from several different companies
serving the community. Other cities use an organized collection
system, where the City contracts with one hauler for all or part
of the city. In , };p!&. n open collection system, residents
have the ability to choose, but many neighborhoods may have
numerous trucks collecting garbage on their street at different
times throughout the day. In an organized collection system, all
residents are assigned a specific hauler, but only that company's
truck appears in the neighborhood on a specific day.
93. Would you favor or oppose the City STRONGLY FAVOR. . . . . . . . . . 1
of Golden Valley changing from the FAVOR. .2
current open system in which residents
OPPOSE. . 3
. . . . . . . . . . . . . . . .
may choose from several different STRONGLY OPPOSE. . . . . . . . . 4
haulers to an organized system where the City DON' T
KNOW/REFUSED. . . . . . 5
chooses a hauler for all or part
of the City? (WAIT FOR RESPONSE)
Do you feel strongly that way?
IF A RESPONSE IS GIVEN, ASK:
94 . Why do you feel that way? DON' T KNOW/REFUSED. . . . . 00
WANT CHOICE. . 01
LIKE CURRENT HAULER. . . . 02
CHOICE IS CHEAPER. . . . . . 03
ORGANIZED CHEAPER. . . . . . 04
LESS TRUCK TRAFFIC. . . . . 05
LESS ROAD MAINTENANCE. . 06
I would like to read a list of st-a;�=efftente about garbage collec-
tion. For each one, please tell me ifyed—str-englyagreei4th #_�;e
r�� t, agree, seffiewha464:sagree,er- stun-"",-1 `'=
wit-ii the—sta t-efftent_.it is better under an open collection system or
an organized collection system. If you don't have an opinion,
just say so. . . . (ROTATE)
STA SMA SMD STD DKR
88 . �g —tie—eur Laent Fftult 4:pl e eelleetleci
Cost for street maintenance
and upkeep
; . s ? 1 2 3 4 5
89. ;;ndeE--an eEganized eelleet-len, eest-Cost of
garbage collection—w444—.Ia:_. €e�
res i den4�s than cindeE the—e d iTent
ffiialt-iple e elle e t-ien syst-eFft? 1 2 3 4 5
90 . ;;n6eia the—eitr E e n t—alt ire eelleet±ien
Pollution from trucks is
eel lee t rear-sys4�effi? 1 2 3 4 5
91 . 9 neker ate--erga n l ze6eel lee tie Rid e—
stziansw !!beisafems' than underti e
92 . �nEiei= the--earEee:6 Fftdleilq4me eelleelc±len
Customer service b,-.t`.-r
—eft-eft? 1 2 3 4 5
e'F Ge!Ei'eT—t7 Crrl'e'y e'y,S1'ng3i-e1Tl4CL' LT G T .2
fflay eheesef is ems;v e is l different- —ST4POj G L 34 A- G S F. . . . . . . . .
- liaa-1 ems--te-a--say s t efft w�e-ie-t lie-G i tR G N I T 5
e h ees e s--a- liaiil er- €-eel l eic paiFcl
!F RESP NSE!S /`TC EN, &K 7�/�7�7� r7� vii
94 . Wliy r] L�Eie yeu 2�7 f�t-li }'1t wa �9GN' I['LPeWIIREF�4SED.�. . 99
WANT r-lIBTGE . . . . . . . . . . . . 9-1
131KE GURRENT HAUIOE�.�. ^2
GHGFGE; 18 CHEAPER. . 93
GRGAN1"�/'�JG4r7�F�R. . . . . . .z
T 7 96
SESS T-R4GK S�FFIG.�. .
TT7P7L1T S RGAB MAINTENANGE.99 6
Some communities in the metro area have approved ordinances
encouraging the reduction of plastic bag use, either by charging
fees in stores or a complete plastic bag ban.
95. Would you support or oppose the City STRONGLY SUPPORT. . . . . . . . 1
of Golden Valley doing something SUPPORT. . . . . . . . . . . . . . . . .2
similar? (WAIT FOR RESPONSE) Do OPPOSE. . . . . . . . . . . . . . . . . .3
you feel strongly that way? STRONGLY OPPOSE. . . . . . . . . 4
DON' T KNOW/REFUSED. . . . . . 5
Continuing. . . .
The Golden Valley park system is composed of larger community
parks and smaller neighborhood parks, trails, and community
athletic fields. Of these facilities, which have you or members
I of your household used during the past X12 months?
YES NO DK.
96. Community and/or neighborhood parks? 1 2 3
I 97 . TrailsSummer concerts and special events?
1 2 3
98 . Community athletic fields? 1 2 3
99. Open spaces and natural areas? 1 2 3
100. Outdoor ice rinks? 1 2 3
101. Brookview Community Center? 1 2 3
102 . Davis Community Center at Meadowbrook
School? 1 2 3
103 . Brookview Park Picnic Shelters? 1 2 3
104 . Tennis courts? 1 2 3
105. Fieldeball eeur-4eBrookview Golf Course & Lawn Bowling?
1 2 3
e veTasufffffteiF ee n e•e'L � e-rfftev±e }n 9G?;, S SCT T•T 1�7 rC7 T1T� �
the paick 6uElng the past few yeaias?
!F , .. A��
. . . . . . . . . . . . . . . . . . . .
PGG . . . . . . . . . . . .
. . . . . . . . s
PAN, TK�Ad9T�aFT,�� . . . . . . §
198 . in Ejenei-al, ele yea feel 4�hat *ES. . . . . . . . . . . . . . . . . . . .
' . . . . .
—;F "NA
199.. Wha4� addi t ieeal iFe e Eeat ieeal !N 99GR P98i3. . . . . . . . . . . . 0
s e e the G rt y efz€ei-its
resi
elents?
For each of the following, please tell me if you or members of
your household use it .
YES NO DKR
110 . City sidewalks and trails? 1 2
3
112 . On-street bike routes and shoulders? 1 2 3
IF "YES" TO ANY QUESTIONS #110-4112, ASK:
For each of the following activities, please tell me if you
use the trails, sidewalks and bicycle routes.
YES NO DKR
113. Walking or running? 1 2
3
115. Recreational biking? 1 2 3
I 116. ;t��� eFitness training? 1 2
3
117 . Commuting? 1 2 3
118. How would you rate the city' s trails EXCELLENT. . . . . . . . . . . . . . . 1
and sidewalks - excellent, good, GOOD. . . . . . . . . . . . . . . . . . . .2
only fair or poor? ONLY FAIR. . . . . . . . . . . . . . . 3
POOR. . . . . . . . . . . . . . . . . . . .4
DON'T KNOW/REFUSED. . . . . .5
IF "ONLY FAIR" OR "POOR, " ASK:
119. Why did you rate them as (only fair/poor) ?
120 . If trails and sidewalks in your VERY LIKELY. . . . . . . . . . . . . 1
neighborhood were connected, would SOMEWHAT LIKELY. . . . . . . . .2
you be much more likely, somewhat NOT ANY MORE LIKELY. . . . . 3
more likely or not any more likely DON'T KNOW/REFUSED. . . . . . 4
to walk or bicycle to where you
needed to go?
For each of the following, please tell me if you would strongly
support the use of city funding, support, oppose or strongly
oppose the use of city funding. (ROTATE)
STS SUP OPP STO DKR
121 . On-street bicycle lanes? 1 2 3 4 5
122 . Off-street trails? 1 2 3 4 5
123. Bicycle boulevards on neighborhood
streets where pedestrians, bikes
and motor vehicles share road? 1 2 3 4 5
124 . Central community pedestrian plaza
in place of Winnetka Avenue near
the creek and library? 1 2 3 4 5
125. Community gardens? 1 2 3 4 5
126. ek elqa" Tennis courts? 1 2 3 4
5
12� . AddltieRal field 1igliting feE
atmletie-€iel4s? 1 2 3 4 5
128 . Off-leash dog area? 1 2 3 4 5
The City currently maintains and operates significantly more
tennis courts than most neighboring communities. Most of these
courts were built in the 1970s and 1980s, and can no longer be
maintained for safe use and require complete reconstruction. ire
peteral eiEpense—€eL- rreeens4=Lcueting a tliiaee—eeirr� , ee,}; en is
al-eund $289, 999.
129. Which of the following comes STATEMENT A. . . . . . . . . . . . . 1
closest to your opinion: STATEMENT B. . . . . . . . . . . . .2
A) Fund the replacement of all STATEMENT C. . . . . . . . . . . . .3
current tennis court facilities; STATEMENT D. . . . . . . . . . . . . 4
B) Reduce the number of tennis DON'T KNOW/REFUSED. . . . . .5
courts and reconstruct them;
C) Reconstruct courts only needed
for community tennis programs; OR
D) Do not replace any of the
tennis courts?
During the past two years. . . .
130. Have you or members of your house- YES. . . . . . . . . . . . . . . . . . . . . 1
I holds participated in any City of Golden Valley
NO. . . . . . . . . . . . . . . . . . . . . .2
park and recreation programs? DON' T KNOW/REFUSED. . . . . .3
IF "YES, " ASK:
131 . Which ones? DON' T KNOW/REFUSED. . . . . 00
SWIMMING. . . . . . . . . . . . . . . 01
BASEBALL/SOFTBALL. . . . . .02
HOCKEY. . . . . . . . . . . . . . . . .03
SUMMER PROGRAMS. . . . . . . .04
MULTIPLE SPORTS. . . . . . . .05
ARTS/CRAFTS/HOBBY. . . . . .06
FITNESS. . . . . . . . . . . . . . . .07
SENIOR PROGRAMS. . . . . . . .08
132. Were you satisfied or dis- SATISFIED. . . . . . . . . . . . . . . 1
satisfied with your exper- DISSATISFIED. . . . . . . . . . . .2
ience? DON'T KNOW/REFUSED. . . . . . 3
133. Does the current mix of City park YES. . . . . . . . . . . . . . . . . . . . . 1
and recreation programming meet NO. . . . . . . . . . . . . . . . . . . . . .2
the needs of your household? DON' T KNOW/REFUSED. . . . . .3
IF "NO, " ASK:
134 . What program(s) do you feel DON'T KNOW/REFUSED. . . . . 00
are lacking? SENIOR PROGRAMS. . . . . . . . 01
TEEN PROGRAMS. . . . . . . . . . 02
CHILDREN' S PROGRAMS. . . . 03
135. Do you or members of your household DON' T KNOW/REFUSED. . . . . 00
currently leave the city for park NO. . . . . . . . . . . . . . . . . . . . . 01
and recreation facilities or acti- LAKES/BOATING. . . . . . . . . . 02
vities? (IF "YES, " ASK: ) What COMMUNITY CENTER. . . . . . . 03
would that be? PARKS. . . . . . . . . . . . . . . . . . 04
TRAILS. . . . . . . . . . . . . . . . . 05
GOLF COURSES. . . . . . . . . . . 06
POOL. . . . . . . . . . . . . . . . . . . 07
Thinking about the environment. . . .
136. What do you think is the most important environmental issue
that needs to be addressed in City of Golden Valley?
137. How would you rate the water quality EXCELLENT. . . . . . . . . . . . . . . 1
of lakes, rivers, streams and wet- GOOD. . . . . . . . . . . . . . . . . . . .2
lands in Golden Valley, would you ONLY FAIR. . . . . . . . . . . . . . . 3
say the water quality is excellent, POOR. . . . . . . . . . . . . . . . . . . . 4
good, only fair or poor? DON' T KNOW/REFUSED. . . . . . 5
138. How concerned are you about invasive VERY CONCERNED. . . . . . . . . . 1
species in the City of Golden Valley SOMEWHAT CONCERNED. . . . . .2
- very concerned, somewhat concern- NOT TOO CONCERNED. . . . . . . 3
ed, not too concerned or not at all NOT AT ALL CONCERNED. . . . 4
concerned? DON' T KNOW/REFUSED. . . . . . 5
Moving on. . .
139. How would you rate the ease of EXCELLENT. . . . . . . . . . . . .23%
getting from place to place within GOOD. . . . . . . . . . . . . . . . . .71%
the City of Golden Valley -- ex- ONLY FAIR. . . . . . . . . . . . . .5%
cellent, good, only fair or poor? POOR. . . . . . . . . . . . . . . . . . .1%
DON'T KNOW/REFUSED. . . . .1%
140 . Do you leave the City of Golden YES. . . . . . . . . . . . . . . . . . . . . 1
Valley on a regular or daily basis? NO. . . . . . . . . . . . . . . . . . . . . .2
NOT EMPLOYED/RETIRED. . . . 3
DON'T KNOW/REFUSED. . . . . . 4
IF "YES, " ASK:
141 . How do you normally commute to DRIVE ALONE. . . . . . . . . . . . . 1
to work -- drive alone, ride VAN OR CAR POOL. . . . . . . . .2
ride in a van or car pool, BUS. . . . . . . . . . . . . . . . . . . . . 3
take the bus near home or from WALK/BIKE. . . . . . . . . . . . . . . 4
a park and ride lot, or walk
or bike?
142 . Have you used public transporta- YES. . . . . . . . . . . . . . . . . . . . . 1
tion during the past two years? NO. . . . . . . . . . . . . . . . . . . . . .2
DON'T KNOW/REFUSED. . . . . .3
IF "YES, " ASK:
143. How would you rate your ex- EXCELLENT. . . . . . . . . . . . . . . 1
perience -- excellent, good, GOOD. . . . . . . . . . . . . . . . . . . .2
only fair or poor? ONLY FAIR. . . . . . . . . . . . . . . 3
POOR. . . . . . . . . . . . . . . . . . . . 4
DON'T KNOW/REFUSED. . . . . . 5
IF "NO, " ASK:
144 . Why don't you use public transportation?
As you may know, the Metro Blue Line Light Rail line was approved
to run from downtown Minneapolis to Brooklyn Park with a stop near
Theodore Wirth Park. It is scheduled to open in 2020.
145. How likely will you or members of VERY LIKELY. . . . . . . . . . . . .1
your household be to use the Metro SOMEWHAT LIKELY. . . . . . . . .2
Blue Line when it is operational - NOT TOO LIKELY. . . . . . . . . .3
very likely, somewhat likely, not NOT AT ALL LIKELY. . . . . . . 4
too likely or not at all likely? DON'T KNOW/REFUSED. . . . . .5
IF "VERY LIKELY" OR "SOMEWHAT LIKELY," ASK:
146. How will you get to the light WALK. . . . . . . . . . . . . . . . . . . .1
rail station - walk, bike, use BIKE. . . . . . . . . . . . . . . . . . . .2
a bus, be dropped off or use a USE A BUS. . . . . . . . . . . . . . . 3
park and ride lot? DROPPED OFF. . . . . . . . . . . . . 4
PARK AND RIDE LOT. . . . . . .5
DON' T KNOW/REFUSED. . . . . . 6
If bus rapid transit were available along Highway 55. . . . .
147 . How likely would you or members of VERY LIKELY. . . . . . . . . . . . .1
your household be to use this ser- SOMEWHAT LIKELY. . . . . . . . .2
vice - very likely, somewhat likely, NOT TOO LIKELY. . . . . . . . . .3
not too likely or not at all likely? NOT AT ALL LIKELY. . . . . . .4
DON' T KNOW/REFUSED. . . . . .5
Changing topics. . . .
148 . Other than voting, do you feel YES. . . . . . . . . . . . . . . . . . . . . 1
that if you wanted to, you could NO . . . . . . . . . . . . . . . . . . . . .2
have a say about the way the City DON'T KNOW/REFUSED. . . . . .3
of Golden Valley runs things?
149. How much do you feel you know A GREAT DEAL. . . . . . . . . . . .1
about the work of the Mayor and A FAIR AMOUNT. . . . . . . . . . .2
City Council -- a great deal, a VERY LITTLE. . . . . . . . . . . . .3
fair amount, very little, or none NONE AT ALL. . . . . . . . . . . . .4
at all? DON'T KNOW/REFUSED. . . . . .5
150. From what you know, do you approve STRONGLY APPROVE. . . . . . . . 1
or disapprove of the job the Mayor APPROVE. . . . . . . . . . . . . . . . .2
and City Council are doing? (WAIT DISAPPROVE. . . . . . . . . . . . . .3
FOR RESPONSE) And do you feel STRONGLY DISAPPROVE. . . . .4
strongly that way? DON'T KNOW/REFUSED. . . . . .5
IF A JUDGMENT IS GIVEN, ASK:
151. Could you tell me why you DON' T KNOW/REFUSED. . . . . 00
feel that way? GOOD JOB. . . . . . . . . . . . . . .01
LISTEN. . . . . . . . . . . . . . . . .02
NO PROBLEMS. . . . . . . . . . . .03
POOR JOB. . . . . . . . . . . . . . .04
DON'T LISTEN. . . . . . . . . . .05
POOR SPENDING. . . . . . . . . . 06
152. How much first hand contact have QUITE A LOT. . . . . . . . . . . . .1
you had with the Golden Valley SOME. . . . . . . . . . . . . . . . . . . .2
City staff -- quite a lot, some, VERY LITTLE. . . . . . . . . . . . .3
very little, or none? NONE. . . . . . . . . . . . . . . . . . . . 4
DON'T KNOW/REFUSED. . . . . .5
153. From what you have heard or seen, EXCELLENT. . . . . . . . . . . . . . . 1
how would you rate the job per- GOOD. . . . . . . . . . . . . . . . . . . .2
formance of the Golden Valley ONLY FAIR. . . . . . . . . . . . . . .3
City staff -- excellent, good, POOR. . . . . . . . . . . . . . . . . . . .4
only fair, or poor? DON'T KNOW/REFUSED. . . . . .5
IF A JUDGMENT IS GIVEN, ASK:
154 . Could you tell me why you DON' T KNOW/REFUSED. . . . . 00
feel that way? GOOD JOB. . . . . . . . . . . . . . . 01
LISTEN. . . . . . . . . . . . . . . . . 02
NO PROBLEMS. . . . . . . . . . . . 03
POOR JOB. . . . . . . . . . . . . . . 04
DON' T LISTEN. . . . . . . . . . . 05
POOR SPENDING. . . . . . . . . . 06
HELPFUL. . . . . . . . . . . . . . . .07
Elections for the Mayor and City Council are held in odd-numbered
years to increase the focus on local issues and candidates. The
City could change the elections to even-numbered years when voter
turnout is higher and it provide cost savings to the City.
155. Would you favor or oppose changing STRONGLY FAVOR. . . . . . . . . . 1
to even-numbered years for city FAVOR. . . . . . . . . . . . . . . . . . .2
elections? (WAIT FOR RESPONSE) Do OPPOSE. . . . . . . . . . . . . . . . . . 3
you feel strongly that way? STRONGLY OPPOSE. . . . . . . . . 4
DON' T KNOW/REFUSED. . . . . . 5
Moving on. . . . . .
156. What is your principal source of in- DON' T KNOW/REFUSED. . . . . 00
formation about Golden Valley City NOTHING. . . . . . . . . . . . . . . . 01
Government and its activities? CITY NEWSLETTER. . . . . . . . 02
CITY WEBSITE. . . . . . . . . . . 03
LOCAL NEWSPAPER. . . . . . . . 04
WORD OF MOUTH. . . . . . . . . . 05
CABLE TELEVISION. . . . . . . 06
STAR TRIBUNE. . . . . . . . . . . 07
157. How would you prefer to receive in- DON' T KNOW/REFUSED. . . . . 00
formation about Golden Valley City NOTHING. . . . . . . . . . . . . . . . 01
Government and its activities? CITY NEWSLETTER. . . . . . . . 02
CITY WEBSITE. . . . . . . . . . . 03
LOCAL NEWSPAPER. . . . . . . . 04
WORD OF MOUTH. . . . . . . . . . 05
CABLE TELEVISION. . . . . . . 06
STAR TRIBUNE. . . . . . . . . . . 07
E-MAIL. . . . . . . . . . . . . . . . . 08
158. During the past year, did you YES. . . . . . . . . . . . . . . . . . . . . 1
receive the "Golden Valley City NO . . . . . . . . . . . . . . . . . . . . .2
News, " the City' s newsletter- DON' T KNOW/REFUSED. . . . . .3
eefftee-atevefy et-ier-fften ?
IF "YES, " ASK:
159. Do you or any members of your YES. . . . . . . . . . . . . . . . . . . . .1
household regularly read it? NO . . . . . . . . . . . . . . . . . . . . .2
DON'T KNOW/REFUSED. . . . . .3
IF "YES, " ASK:
160. How would you rate the EXCELLENT. . . . . . . . . . . . . . . 1
content of the newslet- GOOD. . . . . . . . . . . . . . . . . . . .2
ter -- excellent, good, ONLY FAIR. . . . . . . . . . . . . . . 3
only fair, or poor? POOR. . . . . . . . . . . . . . . . . . . . 4
DON'T KNOW/REFUSED. . . . . . 5
161 . How would you rate the EXCELLENT. . . . . . . . . . . . . . . 1
format and appearance of GOOD. . . . . . . . . . . . . . . . . . . .2
the newsletter -- excel- ONLY FAIR. . . . . . . . . . . . . . . 3
lent, good, only fair, POOR. . . . . . . . . . . . . . . . . . . . 4
or poor? DON'T KNOW/REFUSED. . . . . . 5
162. Are there any changes or DON' T KNOW/REFUSED. . . . . 00
improvements you would NONE. . . . . . . . . . . . . . . . . . . 01
make to the City's news- MORE DETAILS. . . . . . . . . . . 02
letter? BUDGET INFORMATION. . . . . 03
PARKS AND REC. . . . . . . . . . 04
CITY COUNCIL. . . . . . . . . . . 05
163. Do you receive and read the New NO. . . . . . . . . . . . . . . . . . . . . . 1
Hope/Golden Valley Sun Post news- YES/YES. . . . . . . . . . . . . . . . .2
paper? (IF "YES, " ASK: ) Do you YES/NO. . . . . . . . . . . . . . . . . . 3
read the city legal notices? DON' T KNOW/REFUSED. . . . . . 4
164 . How would you prefer to receive city NEWSPAPER. . . . . . . . . . . . . . . 1
legal notices - newspaper, news- NEWSLETTER. . . . . . . . . . . . . .2
letter, website, e-mail or text? WEBSITE. . . . . . . . . . . . . . . . . 3
E-MAIL. . . . . . . . . . . . . . . . . . 4
TEXT. . . . . . . . . . . . . . . . . . . . 5
DON' T KNOW/REFUSED. . . . . . 6
165. Does your household currently sub- CABLE. . . . . . . . . . . . . . . . . . . 1
scribe to cable television, sat- SATELLITE. . . . . . . . . . . . . . .2
ellite television or neither? NEITHER. . . . . . . . . . . . . . . . . 3
DON'T KNOW/REFUSED. . . . . . 4
IF "CABLE, " ASK:
I would like to read you a short list of programs shown on
Golden Valley Government Channels. For each one, please
tell me if you frequently watch it, occasionally watch it,
or do not watch it.
FRQ OCC DNT DKR
166. Bulletin Board listing of
meetings, events and
information? 1 2 3 4
167 . Live or taped re-broadcasts
of City Council meetings? 1 2 3 4
168. City programming, such as
the State of the City, Mayor
Minutes and city videos? 1 2 3 4
169. Do you have access to the Internet HOME ONLY. . . . . . . . . . . . . . . 1
at home only, at work only, at WORK ONLY. . . . . . . . . . . . . . .2
both home and work, or at neither BOTH HOME AND WORK. . . . . . 3
place? NEITHER PLACE. . . . . . . . . . . 4
DON'T KNOW/REFUSED. . . . . . 5
IF "HOME, ""WORK, " OR "BOTH, " IN #153, ASK:
170. Have you accessed the City' s YES. . . . . . . . . . . . . . . . . . . . . 1
website? NO. . . . . . . . . . . . . . . . . . . . . .2
DON'T KNOW/REFUSED. . . . . .3
IF "YES, " ASK:
171. How would you rate the EXCELLENT. . . . . . . . . . . . . . . 1
city' s website -- excel- GOOD. . . . . . . . . . . . . . . . . . . .2
lent, good, only fair, ONLY FAIR. . . . . . . . . . . . . . .3
or poor? POOR. . . . . . . . . . . . . . . . . . . .4
DON'T KNOW/REFUSED. . . . . . 5
172. Were you able to find YES. . . . . . . . . . . . . . . . . . . . . 1
what you were looking NO. . . . . . . . . . . . . . . . . . . . . .2
for? DON'T KNOW/REFUSED. . . . . .3
173. Are you aware the City is web- NO. . . . . . . . . . . . . . . . . . . . . . 1
streaming city meetings and YES/YES. . . . . . . . . . . . . . . . .2
programs on the city's website?YES/NO. . . . . . . . . . . . . . . . . . 3
(IF "YES, " ASK: ) Have you DON'T KNOW/REFUSED. . . . . . 4
viewed a city meeting or pro-
gram on the website?
174. Are you aware the city pro- YES/YES. . . . . . . . . . . . . . . . . 1
vides e-mail updates to resi- YES/NO. . . . . . . . . . . . . . . . . .2
dents who subscribe for the NO. . . . . . . . . . . . . . . . . . . . . .3
service called "GV Direct DON' T KNOW/REFUSED. . . . . .4
Connect?" (IF "YES, " ASK: )
Do you currently subscribe
to this service?
I would like to ask you about social media sources. For each
one, tell me if you currently use that source of information;
then, for each you currently use, tell me if you would be
likely or unlikely to use it to obtain information about the
City of Golden Valley.
NOT USE USE DK/
USE LIK NLK REF
175. Facebook? 1 2 3 4
176. Twitter? 1 2 3 4
177 . YouTube? 1 2 3 4
178 . Podcasts? 1 2 3 4
179. Instagram? 1 2 3 4
180. Snapchat? 1 2 3 4
Now, just a few more questions for demographic purposes. . . .
Could you please tell me how many people in each of the following
age groups live in your household.
181. Persons 55 or over? NONE. . . . . . . . . . . . . . . . . . . . 0
ONE. . . . . . . . . . . . . . . . . . . . . 1
TWO OR MORE. . . . . . . . . . . . .2
IF SENIORS ARE PRESENT, ASK:
182 . Have any household members YES. . . . . . . . . . . . . . . . . . . . . I
participated in any senior NO. . . . . . . . . . . . . . . . . . . . . .2
programs offered by the City DON' T KNOW/REFUSED. . . . . . 3
of Golden Valley?
IF "YES, " ASK:
183. How would you rate that EXCELLENT. . . . . . . . . . . . . . . 1
experience - excellent, GOOD. . . . . . . . . . . . . . . . . . . .2
good, only fair or poor? ONLY FAIR. . . . . . . . . . . . . . .3
POOR. . . . . . . . . . . . . . . . . . . .4
DON' T KNOW/REFUSED. . . . . .5
184. Do you feel there are any DON' T KNOW/REFUSED. . . . .00
programs lacking or miss- NO. . . . . . . . . . . . . . . . . . . . .01
ing? (IF "YES, " ASK: ) CARD LEAGUES. . . . . . . . . . .02
What are they?
185. Adults under 55? NONE. . . . . . . . . . . . . . . . . . . .0
ONE. . . . . . . . . . . . . . . . . . . . . 1
TWO. . . . . . . . . . . . . . . . . . . . .2
THREE OR MORE. . . . . . . . . . .3
186. School-aged children and pre- NONE. . . . . . . . . . . . . . . . . . . .0
schoolers? ONE. . . . . . . . . . . . . . . . . . . . . 1
TWO. . . . . . . . . . . . . . . . . . . . .2
THREE OR MORE. . . . . . . . . . .3
187 . Do you own or rent your present OWN. . . . . . . . . . . . . . . . . . . . . 1
residence? RENT. . . . . . . . . . . . . . . . . . . .2
REFUSED. . . . . . . . . . . . . . . . .3
188 . What is your age, please? 18-24 . . . . . . . . . . . . . . . . . . . 1
25-34 . . . . . . . . . . . . . . . . . . .2
35-44 . . . . . . . . . . . . . . . . . . .3
45-54 . . . . . . . . . . . . . . . . . . .4
55-64. . . . . . . . . . . . . . . . . . .5
65 AND OVER. . . . . . . . . . . . . 6
REFUSED. . . . . . . . . . . . . . . . .7
Thank you for your time. Good-bye.
189. Gender. MALE. . . . . . . . . . . . . . . . . . . . 1
FEMALE. . . . . . . . . . . . . . . . . .2
190. Precinct PRECINCT 1 . . . . . . . . . . . . . . 1
PRECINCT 2 . . . . . . . . . . . . . .2
PRECINCT 3. . . . . . . . . . . . . . 3
PRECINCT 4 . . . . . . . . . . . . . . 4
PRECINCT 5. . . . . . . . . . . . . . 5
PRECINCT 6. . . . . . . . . . . . . . 6
PRECINCT 7 . . . . . . . . . . . . . . 7
PRECINCT 8 . . . . . . . . . . . . . . 8
Gt ty 0f
�
olden MEMORANDUM 11
v��1
. ey Physical Development Department
763-593-8030/763-593-3988(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
6. B. Authorize Solar Power Purchase Agreement, Facilities Lease Agreement, and Energy
Performance Guarantee Agreement
Prepared By
Jeff Oliver, PE, City Engineer
Eric Seaburg, EIT, Engineer
Summary
At its January 22, 2008, Council meeting, the City Council authorized the City's participation in the
U.S. Mayors Climate Protection Agreement. By entering into the agreement, the City of Golden
Valley joined many other cities across the country that are committed to find ways to reduce
global warming pollution. As a result, the City has enacted numerous energy saving programs and
projects in an effort to reduce overall energy consumption. Many of these energy saving projects
are driven by state and regional grant programs and have resulted in a net decrease in energy
costs and energy consumption in the City.
Monarch Solar Agreement
The Made in Minnesota Solar program offers financial incentives for construction of private,
public, and residential solar array installations that are tied back to an electric utility provider's
main power grid. The program is funded via utility provider capital improvement programs and is
administered by the Department of Commerce. In January 2015, City staff submitted grant
applications to the Minnesota Department of Commerce's Made in Minnesota Solar Incentives
Program and two rooftop projects were selected for funding:
1. Utility Maintenance Building 40 kW System
2. Street Maintenance Building 40 kW System
The City has partnered with a third party investor, Monarch Solar, to utilize the awarded grants.
Over the past several months, City staff has worked on developing a Solar Power Purchase
Agreement (PPA) with Monarch Solar to set the guidelines for a successful and long-term
partnership. The attached PPA is the result of many months of negotiation between City technical
and legal staff and Monarch Solar and is further described below.
By partnering with Monarch Solar, the solar arrays will be purchased, installed, and maintained
by Monarch Solar. There are no upfront capital costs for the City. The City, acting as the host site,
will consume all available energy produced by the solar arrays. In the event that there is excess or
unused energy, it will be pumped back into the Xcel power grid and the City will receive a credit
on its monthly Xcel statement. The City is liable to pay Monarch Solar at a per-kilowatt-hr rate for
all energy produced by the array and used by the City. The rate that the City is required to pay for
the solar energy is set forth in the contract and is at a rate lower than the City would be required
to pay to Xcel for standard power. The difference in the Monarch Solar rate and Xcel rate is the
City's realized energy savings.
Some of the basic provisions of the PPA are as follows:
1. The contract term is 20 years, with City option to purchase system after 6 years at FMV.
2. Monarch is responsible for purchasing, installing, and maintaining the solar arrays.
3. Monarch is required to meet annual, predetermined output specifications.
4. The City is required to pay Monarch a predetermined rate for solar power.
a. Year 1 Monarch rate is $0.085 per kW-hr, fixed annual escalation rate of 2.75%
b. Year 1 Xcel rate is $0.11 per kW-hr, variable estimated escalation rate of 3.5%
5. Monarch Solar is required to remove the system at the end of contract term.
Xcel Escalation Factor(variable) 3.50%
Monarch Escalation Factor(fixed) 2.50%
Array Degradation (variable) -0.50%
Year: 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Xcel Rate[$/kWh] $0.110 $0.114 $0.118 $0.122 $0.126 $0.131 $0.135 $0.140 $0.145 $0.150
Monarch Rate[$/kWh] $0.085 $0.087 $0.090 $0.092 $0.095 $0.097 $0.100 $0.103 $0.106 $0.109
Rate Difference[$kWh] $0.025 $0.027 $0.028 $0.030 $0.031 $0.033 $0.035 $0.037 $0.039 $0.041
Est.Annual Production[kWh] 91,712 91,253 90,797 90,343 89,891 89,442 88,995 88,550 88,107 87,667
City's Realized Savings $2,293 $2,419 $2,551 $2,688 $2,830 $2,978 $3,132 $3,292 $3,458 $3,630
Year: 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036
Xcel Rate[$/kWh] $0.155 $0.161 $0.166 $0.172 $0.178 $0.184 $0.191 $0.197 $0.204 $0.211
Monarch Rate[$/kWh] $0.111 $0.115 $0.118 $0.121 $0.124 $0.128 $0.131 $0.135 $0.139 $0.142
Rate Difference[$kWh] $0.044 $0.046 $0.049 $0.051 $0.054 $0.057 $0.060 $0.063 $0.066 $0.069
Est.Annual Production [kWh] 87,228 86,792 86,358 85,926 85,497 85,069 84,644 84,221 83,800 83,381
City's Realized Savings $3,810 $3,996 $4,189 $4,390 $4,599 $4,815 $5,040 $5,273 $5,515 $5,766
Total Savings: $76,664
By authorizing the PPA with Monarch, the City would be taking a long-term and active approach
in reducing its carbon footprint. At the two municipal buildings where solar arrays are proposed,
the City's reliance on traditional Xcel power is estimated to be reduced by 90%. In addition, by
purchasing solar energy from Monarch at a rate lower than traditional power, the City is
conservatively projected to save approximately$75,000 on electricity costs between the two
sites over the next 20 years.
Attachments
• Location map (1 page)
• Utility & Street Maintenance Solar Power Purchase Agreement (PPA) with Monarch Solar (21
Pages)
• Utility & Street Maintenance Energy Performance Guarantee Agreement with Monarch Solar
(4 pages)
• Utility & Street Maintenance Facilities Lease Agreement with Monarch Solar (13 pages)
Recommended Action
Motion to authorize the Solar Power Purchase Agreement, Energy Performance Guarantee
Agreement, and Facilities Lease Agreement with Monarch Solar.
1
Utility Maintenance
7720 Golden Valley Rd
Utility
Maintenance
a
i
I'
Street Maintenance
7710 Golden Valley Rd
Street
Maintenance Approximate location
of solar arrays
Sources: Print Date:6/27/2016
i -Hennepin County Surveyors Office for Property
2016 Solar Array Project
golden Lines(2016)&Aerial Photography(2015).
-City of Golden Valley for all other layers. e
Val ': } Site Map o 25 50 100
"r Feet
1
I
Monarch Solar
SOLAR POWER
PURCHASE AGREEMENT
This SOLAR POWER PURCHASE AGREEMENT ("Agreement" or "PPA") is made and
entered into as of ("Effective Date") by and between Monarch Solar LLC, 4708 York
Ave. S., Minneapolis, MN 55410, a Minnesota company ("Seller"), City of Golden Valley, a
Minnesota municipal corporation ("Purchaser"). Seller and Purchaser are sometimes referred to
as a "Party" and collectively as the "Parties." Terms used in this Agreement are defined in
Exhibit D.
RECITALS
A. Seller desires to install and operate a Solar PV System(the"System")on the project site
owned by Purchaser as listed in Exhibit A, and to sell the electricity generated from the System;
and
B. Seller desires to sell and deliver energy from said System to Purchaser, and Purchaser
desires to acquire from Seller all the energy generated from the System on the terms set forth
herein; and
C. The Parties are simultaneously entering into a Solar Energy Facilities Lease Agreement
("Facilities Lease Agreement") and an Energy Performance Guarantee.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree as follows:
1. SALE & PURCHASE OF ENERGY
1.1 Seller shall sell to Purchaser and Purchaser shall purchase from Seller all of the
Energy, as and when the same is produced, at the Energy Price in effect at the time of delivery in
accordance with Exhibit B. Seller shall deliver the Energy to Purchaser and Purchaser shall accept
the Energy delivered for the full contract term, as defined in Section 1.2 below.
1.2 The initial term of this Agreement shall be for a period of 20 years (the "Contract
Term") commencing on the Commercial Operation Date("COD").
1.3 Seller shall keep and have all rights, title, and interest in all environmental
attributes — commonly referred to as Solar Renewable Energy Certificates (SRECs) -- related to
the System for the term of this Agreement unless specified otherwise herein or by law. Seller may,
at its sole discretion, transfer or sell such rights without notifying Purchaser.
Monarch PPA 7 - 12 - 16 Page 111
1.4 All tax credits,tax deductions and similar financial incentives related to the System
shall be assigned to and be the sole property of Seller regardless of the source. Purchaser shall
assign as necessary any and all tax credits,tax deductions and similar financial incentives to Seller
without delay. Purchaser agrees to cooperate with Seller in any applications for tax credits, tax
deductions and similar financial incentives related to the System.
1.5 All Made in Minnesota rebates(which the Parties contemplate to be at a value of no
less than $0.35/kwh)related to the System, shall be assigned to and be the sole property of Seller
regardless of the source. Purchaser agrees to cooperate with Seller in any applications for Made in
Minnesota rebates related to the System.
2. SYSTEM INSTALLATION, ENERGY PRODUCTION, and REMUNERATION
2.1 This System has NO emergency power capability - The System is specifically
designed to be connected directly to the electrical grid full time and acts as a parallel power source
for building needs. It does not have batteries and hence there is no backup power. If the incoming
grid connection goes down or otherwise fails, the System automatically shuts down.
2.2 Installation,Operation, and Maintenance—As soon as practicable subsequent to
the Effective Date and no later than September 1, 2016, Seller shall commence installation of the
System at its sole cost and expense and agrees that such installation shall be substantially complete
no later than December 1, 2016. Seller shall be solely responsible for the operation, and
maintenance of the System in a manner consistent with best practices of the solar industry. If the
supply of Energy from the System is interrupted as a result of malfunction or other shutdown,
Seller shall use all reasonable efforts to immediately remedy such interruption. Seller shall
provide at least 48 hours' notice to Purchaser of any planned interruption,disruption or suspension
of the provision of Energy or any other source of power to Purchaser's properties or facilities and
work with Purchaser to minimize the impacts of such disruptions on its properties or other tenants.
Any such interruption, disruption or suspension shall not last longer than 1 hour without the
provision of a backup power supply, if deemed necessary in Purchaser's discretion, provided by
Seller at no cost to Purchaser. Seller shall comply with all applicable laws and regulations relating
to the operation of the System and the generation and sale of Energy, including obtaining and
maintaining in effect all relevant approvals and permits. Seller shall be solely responsible for the
operation and maintenance of the System in a manner consistent with best practices of the solar
industry and in such a manner so as to preserve all manufacturer's warranties applicable to the
System.
2.3 Maintenance of Health and Safety - Seller shall take all reasonable safety
precautions with respect to the operation,maintenance, repair, and replacement of the System and
shall comply with all applicable health and safety laws, rules, regulations, and permit
requirements. If Seller becomes aware of any circumstances relating to the Premises or the System
that creates an imminent risk of damage or injury to any Person or any Person's property (and,
should Purchaser become aware of such circumstances, Purchaser shall promptly notify Seller
with respect thereto), Seller shall take prompt action to prevent such damage or injury and shall
promptly notify Purchaser. Such action may include disconnecting and removing all or a portion
of the System, or suspending the supply of Energy to Purchaser.
2.4 Assistance with Permits and Licenses - Subsequent to the Commercial Operation
Date ("COD"), and upon Seller's request, Purchaser shall reasonably assist and cooperate with
Monarch PPA 7 - 12 - 16 Page 2111
Seller, at Seller's cost, to acquire and maintain approvals, permits, and authorizations or to
facilitate Seller's compliance with all applicable laws and regulations related to the construction,
installation, operation, maintenance, and repair of the System, including providing any building
owner or occupant authorizations, and signing any applications for permits, local utility grid
interconnection applications, and rebate applications as are required by law to be signed by
Purchaser. Purchaser shall also deliver to Seller copies of any necessary approvals, permits,
rebates, or other financial incentives that are required by law in the name or physical control of
Purchaser.
2.5 Commercial Operation Date - Seller shall deliver notice to Purchaser of the
occurrence of a Commercial Operation Date (the "COD"). This is generally assumed to occur
once the System has been Commissioned, is connected to the grid, and generating Energy.
2.6 Remuneration for Energy Delivered - As consideration for the delivery of
Energy by Seller,Purchaser shall pay for Energy at the applicable Energy Price set forth in Exhibit
B(the "Energy Payments").
2.7 Invoicing - Seller shall invoice Purchaser for Energy as set forth in Exhibit B.
Seller shall deliver each invoice within ten (10) Business Days after the end of each six month
period in the contract year known as the Billing Period. Each invoice shall set out the amount of
Energy delivered in kWh during such billing period. The amount due shall be prorated for any
partial month during the Contract Term. Such invoice shall include sufficient details so that
Purchaser can reasonably confirm the accuracy of the invoice including, among other details,
beginning and ending meter readings. Purchaser shall pay the amount due to Seller within twenty
(20) Business Days after receipt of each invoice.
2.8 Monitoring -As part of this agreement Seller will install a web-based monitoring
system that shall be available to Purchaser 24/7 through a special web portal. This monitoring will
show real time and historic production but is for general illustrative purposes and is not considered
to be revenue grade in accuracy. It therefore does not replace the PV production Meter described
below.
2.9 Production Meter - The System will be connected to the main property electrical
service and will feed that service directly. Excess power not used by the Purchaser will be subject
to Purchaser's "Uniform Statewide Contract for Cogeneration and Small Power Production
Facilities"with Utility, or such other agreement as Purchaser may have with Utility regarding the
disposition of excess power from the System not used by Purchaser, as the same may be amended,
modified or replaced from time to time(collectively,the"Cogeneration Contract"). All PV energy
produced will be tracked by a dedicated Production Meter owned, operated and regularly
calibrated by the electrical Utility or,barring same,by Seller. This meter will be commissioned at
the start of the System COD and continue uninterrupted in its service for the duration of this
Agreement. The reading from this meter will be available to Seller and Purchaser at all times.
Barring a meter malfunction, the reading of the Production Meter shall serve as the definitive
figure for how much energy the System has generated and its reading shall be deemed the official
production of the system energy for the time period in question. Notwithstanding the foregoing,
Purchaser (and not Seller) shall be entitled to any benefits allocable to Purchaser under the
Cogeneration Contract. Seller shall retain any and all other benefits, including but not limited to
the Made in Minnesota rebates and credits pursuant to Sections 1.3, 1.4 and 1.5 above.
Monarch PPA 7 - 12 - 16 Page 3111
2.10 Recordkeeping- To facilitate payment and verification, each Party shall maintain
all books and records necessary for billing and payments, including copies of all invoices under
this Agreement, for a period of at least two (2) years, and each party shall grant reasonable access
to those books, records, and data at the principal place of business.
2.11 Change in Incentives or Law- In the event of the elimination or alteration of one
of more incentives or any other change in law that results in a material adverse economic impact
on either Party in respect to this Agreement, the Parties shall work in good faith to amend this
Agreement within thirty (30) Business Days after such elimination or alteration as may be
reasonably necessary to restore the allocation of economic benefits and burdens contemplated
hereunder by the Parties. If the Parties fail to enter into such an amendment by the end of such
thirty (30) Business Day period, either Party may terminate this Agreement. Following such
termination, neither Party shall bear any liability to the other Party, and Seller shall remove the
System from the Premises within the timeframe and according to the process set out under the
Facilities Lease Agreement, which is incorporated herein by reference.
3. OPTION TO PURCHASE SYSTEM
3.1 Purchase Option - Seller hereby grants to Purchaser the option to purchase all of
the Seller's right,title,and interest in the System on the terms set forth herein("Purchase Option"
aka"Buyout"). Purchaser may exercise this Purchase Option during any time after the start of the
second quarter of Contract Year 6 provided that no Purchaser Event of Default has then
occurred and is ongoing.
3.2 Purchase Price — As a prerequisite to exercising the Purchase Option and at any
time within thirty(30)days following the start of the second quarter of Contract Year 6 through the
start of Contract Year 20, Purchaser must request a determination of the Purchase Price. The
Purchase Price will be based on a Fair Market Value(FMV) formula as spelled out in Exhibit B.
If the Parties have not agreed on the Purchase Price within thirty (30) days after Purchaser's
request for a Purchase Price determination, then the Purchase Price shall be the fair market value
(FMV)of the System as determined by an independent appraiser selected by both Parties and paid
for by the Seller, provided that the Purchase Price shall in no event be less than the applicable
amount of Energy price set forth in Exhibit B for the years remaining through Contract Year 20
and discounted for the time-value of money along with whatever other considerations agreed to by
the Parties. If Purchaser does not exercise the Purchase Option within thirty(30)days of receipt of
the appraisal report, the Purchase Option for that calendar year automatically expires. Once each
calendar year the Puchaser may again request a(FMV) determination.
3.3 The Parties shall consummate the sale of the System to Purchaser no later than
forty-five (45) days following Purchaser's exercise of the Purchase Option. The purchase and
sale of the System shall be on an "as-is, where-is" basis, and Seller shall not be required to make
any warranties or representations with regard to the System. Seller shall, to the extent reasonably
possible, transfer or assign to Purchaser all manufacturer and third-party warranties. Seller shall
deliver all maintenance records relating to the System.
3.4 Should Purchaser opt to buyout the System, all Parties' obligations under this
Agreement shall terminate.
Monarch PPA 7 - 12 - 16 Page 4111
3.5 Should Purchaser opt not to buyout the System within the first Contract Term, all
provisions of the Agreement shall remain in force through Contract Year 20. The price for System
energy for Contract Year eleven (11) through Contract Year twenty (20) will be as outlined in
Exhibit B.
4. OWNERSHIP TITLE & LOSS
4.1 Ownership- Seller shall, for the duration of this Agreement at all times retain title
to and be the legal and beneficial owner of the System, and the System shall remain the personal
property of Seller and shall not attach to or be deemed a part or fixture of the Premises. Seller may
file one or more precautionary financing statements in jurisdictions it deems appropriate with
respect to the System in order to protect its rights in the System.
4.2 System Casualty - Upon the total damage, destruction, or loss of the System,
including a constructive total loss for insurance purposes, Seller shall have the option, in its sole
discretion, to repair or replace the System or terminate this Agreement. Seller shall notify
Purchaser in writing of its election within thirty (30) days after the date of the damage to the
System. Seller shall under all circumstances be entitled to all property damage insurance proceeds
with respect to the System under policy(ies)maintained by Purchaser. If Seller elects to repair or
replace the System, Seller shall undertake such repair or replacement as quickly as practicable. If
Seller elects to not repair or replace the System, this Agreement shall be terminated, effective
immediately upon delivery of notice thereof.
4.3 Liens - Purchaser shall not directly or indirectly cause, create, incur, assume or
suffer to exist any mortgage,pledge, lien (including mechanics', labor, or material), charge,
security interest, encumbrance or claim on or with respect to the System or any portion thereof.
5. REPRESENTATIONS AND WARRANTIES.
Purchaser represents and warrants to Seller that:
5.1 Purchaser has the requisite corporate, partnership or limited liability company
capacity to enter into this Agreement and fulfill its obligations hereunder, that the execution and
delivery by it of this Agreement and the performance by it of its obligations hereunder have been
duly authorized by all requisite action of its stockholders,partners or members, and by its board of
directors or other governing body, and that, subject to compliance with and obtaining all required
governmental approvals under any applicable regulatory laws or regulations governing the sale or
delivery of Energy, the entering into of this Agreement and the fulfillment of its obligations
hereunder does not contravene any law, statute or contractual obligation of Purchaser;
5.2 This Agreement constitutes Purchaser's legal, valid and binding obligation
enforceable against it in accordance with its terms, except as may be limited by applicable
bankruptcy, insolvency, reorganization, moratorium, and other similar laws now or hereafter in
effect relating to creditors'rights generally;
5.3 No suit, action or arbitration, or legal administrative or other proceeding is pending
or has been threatened against the Purchaser that would have a material adverse effect on the
validity or enforceability of this Agreement or the ability of Purchaser to fulfill its commitments
hereunder,or that could result in any material adverse change in the business or financial condition
of Purchaser; and
Monarch PPA 7 - 12 - 16 Page 5111
Seller represents and warrants to Purchaser that:
5.4 Seller has the requisite corporate,partnership or limited liability company capacity
to enter into this Agreement and fulfill its obligations hereunder,that the execution and delivery by
it of this Agreement and the performance by it of its obligations hereunder have been duly
authorized by all requisite action of its stockholders, partners or members, and by its board of
directors or other governing body, and that, subject to compliance with and obtaining all required
governmental approvals under any applicable regulatory laws or regulations governing the sale or
delivery of Energy, the entering into of this Agreement and the fulfillment of its obligations
hereunder does not contravene any law, statute or contractual obligation of Seller;
5.5 This Agreement constitutes Seller's legal,valid and binding obligation enforceable
against it in accordance with its terms, except as may be limited by applicable bankruptcy,
insolvency, reorganization, moratorium, and other similar laws now or hereafter in effect relating
to creditors'rights generally;
5.6 No suit, action or arbitration,or legal administrative or other proceeding is pending
or has been threatened against the Seller that would have a material adverse effect on the validity
or enforceability of this Agreement or the ability of Seller to fulfill its commitments hereunder, or
that could result in any material adverse change in the business or financial condition of Seller; and
5.7 Neither the System nor any of Seller's services provided to Purchaser pursuant to
this Agreement infringe on any third party's intellectual property or other proprietary rights.
6. DEFAULT
Seller Default- Each of the following events shall constitute a"Seller Default":
6.1 Seller fails to pay to Purchaser any amount when due under this Agreement and
such breach remains uncured for thirty (30) Business Days following notice of such breach to
Seller;
6.2 Seller commences a voluntary case under any bankruptcy law; (ii) Seller fails to
controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed
against Seller in an involuntary case under any bankruptcy law;or(iii)any involuntary bankruptcy
proceeding commenced against Seller remains undismissed or undischarged for a period of ninety
(90) days; and Seller breaches any other material term of this Agreement and (i) if such breach is
capable of being cured within thirty (30) days after Purchaser's notice of such breach, Seller has
failed to cure the breach within such thirty (30) day period, or (ii) if Seller has diligently
commenced work to cure such breach during such thirty (30) day period but such breach is not
capable of cure within such period, Seller has failed to cure the breach within a further one hundred
fifty(150)day period(such aggregate period not to exceed one hundred eighty(180)days from the
date of Purchaser's notice).
6.3 Seller breaches any obligations under the Facilities Lease Agreement and does not
cure the breach within the permitted timeframe.
6.4 Purchaser's Remedies. - If a Seller Default has occurred and is continuing for at
least ninety (90) days, Purchaser may terminate this Agreement by written notice to Seller
following the expiration of the applicable cure period, and may exercise any other remedy it may
Monarch PPA 7 - 12 - 16 Page 611
have at law or equity, including, exercising the Purchase Option and recovering from Seller all
resulting damages.
Purchaser Default- Each of the following events shall constitute a"Purchaser Default":
6.5 Purchaser fails to pay to Seller any amount when due under this Agreement and
such breach remains uncured for ninety(90) days following notice of such breach to Purchaser;
6.6 Purchaser commences a voluntary case under any bankruptcy law; (ii) Purchaser
fails to controvert in a timely and appropriate manner,or acquiesces in writing to,any petition filed
against Purchaser in an involuntary case under any bankruptcy law; or (iii) any involuntary
bankruptcy proceeding commenced against Purchaser remains undismissed or undischarged for a
period of sixty(60) days;
6.7 Purchaser breaches any obligations under the Facilities Lease Agreement
including without limitation, access to the System, and does not cure the breach within the
permitted timeframe;
6.8 Purchaser (i) refuses to execute any document required for Seller to obtain any
Environmental Attributes or Environmental Incentives related to the System, or (ii) causes or
permits to occur any material change to the condition of the Premises that has a material adverse
effect on the System excepting changes required by law or ordinance; and
6.9 Purchaser breaches any representation, warranty, or other material term of this
Agreement and such breach, if curable, remains uncured for thirty (30) days following notice of
such breach to Purchaser.
6.10 Seller's Remedies. - If a Purchaser Default has occurred and is continuing for at
least ninety (90) days, Seller may terminate this Agreement by written notice to Purchaser
following the expiration of the applicable cure period. Seller may also exercise any other remedy
it may have at law or equity, including recovering from Purchaser all resulting damages, which
damages may include, but not be limited to, projected payments for Energy generated for the
remainder of the Contract Term; the cost of removing the System from the Premises; any loss or
damage to Seller due to lost or recaptured Environmental Attributes or Environmental Incentives,
including, without limitation, lost revenue from the sale of Environmental Attributes to third
parties (including any damages due to the early termination of any agreement for such sale), and
the recapture of the investment tax credit under Section 48 of the Internal Revenue Code, and
accelerated depreciation for the System; and all other amounts of any nature due under this
Agreement (collectively, the "Damages"). Pending Purchaser's payment of the Damages, Seller
and System may remain on the Premises and sell Energy and Environmental Attributes produced
by the System to any third party of its choosing.
6.11 Waiver of Consequential Damages. - except as specifically provided herein, the
parties agree that to the fullest extent allowed by law, in no event shall either party be responsible
or liable, whether in contract,tort, warranty, or under any statute or on any other basis, for special,
indirect,incidental,multiple,punitive,or consequential damages or damages for lost profits or loss
or interruption of business, arising out of or in connection with the system or this agreement.
Without limiting the generality of the foregoing, the PPA damages shall not be considered
consequential damages and shall not be subject to the limitations set forth in this section.
Monarch PPA 7 - 12 - 16 Page 7111
6.12 Duty to mitigate. Both parties have a duty to mitigate damages arising from the
other's breach of this Agreement and a failure to mitigate shall be a complete bar to recovery.
7. NOTICES. - Any notice required, permitted, or contemplated hereunder shall be in
writing and addressed to the Party to be notified at the address set forth below or at such other
address or addresses as a Party may designate for itself from time to time by notice hereunder.
Such notices may be sent by personal delivery or recognized overnight courier, and shall be
deemed effective upon receipt.
To Seller: Monarch Solar
4708 York Ave. S.
Minneapolis, MN 55410
Attention: Jon Kramer, CEO
Phone: 612-926-8506
To Purchaser: City of Golden Valley
7800 Golden Valley Rd.
Golden Valley, MN 55427
Attention: Eric Seaburg
Phone: (763) 593-8030
8. GOVERNING LAW; VENUE
8.1 Choice of Law. -This Agreement shall be construed in accordance with the laws of
the State of Minnesota, without regard to its conflict of laws principles.
8.2 Venue. - Purchaser and Seller each hereby irrevocably submits in any suit, action,
or proceeding arising out of or related to this agreement or any other instrument, document, or
agreement executed or delivered in connection herewith and the transactions contemplated hereby
and thereby, whether arising in contract, tort, equity, or otherwise, to the exclusive jurisdiction of
any state or federal court located in Hennepin County, Minnesota and waives any and all
objections to jurisdiction that it may have under the laws of the united states or of any state.
Purchaser and Seller each waive any objection that it may have(including,without limitation, any
objection of the laying of venue or based on forum non conveniens)to the location of the court in
which any proceeding is commenced.
9. INDEMNIFICATION
9.1 Seller's Indemnity to Purchaser. - Seller shall indemnify, defend, and hold
harmless Purchaser (including Purchaser's permitted successors and assigns) and Purchaser's
subsidiaries, directors, officers, members, shareholders, and employees (collectively, "Purchaser
Indemnified Parties") from and against any and all third-party claims, losses, costs, damages, and
expenses, including reasonable attorneys' fees, incurred by Purchaser Indemnified Parties arising
from or relating to (i) Seller's breach of this Agreement, or (ii) Seller's negligence or willful
misconduct. Seller's indemnification obligations under this Section 9.1 shall not extend to any
claim to the extent such claim is due to the gross negligence, sole negligence, or willful
misconduct of any Purchaser Indemnified Party.
Monarch PPA 7 - 12 - 16 Page 8111
9.2 Purchaser's Indemnity to Seller. - Purchaser shall indemnify, defend, and hold
harmless Seller (including Seller's permitted successors and assigns) and Seller's subsidiaries,
directors, officers, members, shareholders, and employees (collectively, "Seller Indemnified
Parties") from and against any and all third-party claims, losses, costs, damages, and expenses,
including reasonable attorneys' fees, incurred by Seller Indemnified Parties arising from or
relating to (i)Purchaser's breach of this Agreement, or(ii)Purchaser's gross negligence or willful
misconduct. Purchaser's indemnification obligations under this Section 9.2 shall not extend to any
claim to the extent such claim is due to the gross negligence, sole negligence, or willful
misconduct of any Seller Indemnified Party.
10. INSURANCE
10.1 Insurance Required.—Seller and Purchaser shall maintain in full force and effect
throughout the Contract Term insurance coverage in the amounts and types set forth on Exhibit C.
Each policy of insurance maintained shall name the other Party as an additional insured as its
interests may appear (to the extent covering any other risk). Parties shall, within ten (10) days of
written request therefore, furnish current certificates of insurance to the other Party evidencing the
insurance required hereunder. Upon Purchaser's request, Seller shall furnish copies of the policies
evidencing the insurance required to be maintained by Seller hereunder.
10.2 Waiver of Subrogation. - Each policy of insurance required hereunder shall
provide for a waiver of subrogation rights against the other Party, and of any right of the insurers to
any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect
of that policy.
10.3 No Waiver of Obligations. - The provisions of this Agreement shall not be
construed in a manner so as to relieve any insurer of its obligations to pay any insurance proceeds
in accordance with the terms and conditions of valid and collectable insurance policies. The
liabilities of the Parties to one another shall not be limited by insurance, provided that nothing
herein shall be deemed a waiver by Purchaser of any governmental liability limits, statutory or
otherwise.
11. CONFIDENTIAL INFORMATION
11.1 Confidentiality. -Neither Party shall use for any purpose other than performing its
obligations under this Agreement or divulge, disclose, produce, publish, or permit access to,
without the prior written consent of the other Party any confidential information of the Disclosing
Party, except where mandated by law. Data provided to the Seller or received from the Seller
under this Agreement shall be administered in accordance with the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13. Seller agrees to comply with the Minnesota Data
Practices Act.
12. MISCELLANEOUS
12.1 Assignment. - Neither Purchaser nor Seller shall have the right to transfer or
assign, in whole or in part, any of either party's rights or obligations hereunder without the prior
written consent of the non-transferring party, which shall not be unreasonably withheld. Without
limiting the foregoing,Purchaser may condition its approval of any such assignment or transfer on
the assignee or transferee (and/or an affiliate thereof acceptable to Purchaser) providing the
Monarch PPA 7 - 12 - 16 Page 9111
Purchaser an acceptable guaranty similar in form and substance as the Energy Performance
Guarantee.
12.2 Entire Agreement. - This Agreement, in conjunction with the Energy Savings
Guarantee and the Facilities Lease Agreement represent the full and complete agreement between
the Parties hereto with respect to the subject matter contained herein and supersedes all prior
written or oral agreements between the Parties with respect to the subject matter hereof.
12.3 Amendments. - This Agreement may only be amended, modified, or
supplemented by an instrument in writing executed by duly authorized representatives of Seller
and Purchaser.
12.4 No Partnership or Joint Venture. - Seller and Seller's agents, in the performance
of this Agreement, shall act in an independent capacity and not as officers or employees or agents
of Purchaser. This Agreement shall not impart any rights enforceable by any third party (other
than a permitted successor or assignee bound to this Agreement).
12.5 Headings; Exhibits. - The headings in this Agreement are solely for convenience
and ease of reference and shall have no effect in interpreting the meaning of any provision of this
Agreement. Any Exhibits referenced within and attached to this Agreement, including any
attachments to the Exhibits, shall be a part of this Agreement and are incorporate by reference
herein.
12.6 Remedies Cumulative; Attorneys' Fees. - No remedy herein conferred upon or
reserved to any Party shall exclude any other remedy herein or by law provided,but each shall be
cumulative and in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity or by statute.
12.6 Waiver. - The waiver by either Party of any breach of any term, condition, or
provision herein contained shall not be deemed to be a waiver of such term, condition, or
provision, or any subsequent breach of the same, or any other term, condition, or provision
contained herein. Any such waiver must be in a writing executed by the Party making such
waiver.
12.7 Severability. - If any part, term, or provisions of this Agreement is determined by
an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such
determination shall not affect or impair the validity, legality, or enforceability of any other part,
term, or provision of this Agreement and shall not render this Agreement unenforceable as a
whole. Instead, the part of the Agreement found to be invalid, unenforceable, or illegal shall be
amended, modified, or interpreted to the extent possible to most closely achieve the intent of the
Parties and in the manner closest to the stricken provision.
12.8 No Public Utility. -Nothing contained in this Agreement shall be construed as an
intent by Seller to dedicate the System to public use or subject itself to regulation as a "public
utility" (as such term may be defined under any applicable law).
12.9 Service Contract. - The Parties acknowledge and agree that this Agreement is not
and shall not be construed as a capital lease and, pursuant to Section 7701(e)(3) of the Internal
Revenue Code, this Agreement is and shall be deemed to be a service contract for the sale to
Purchaser of energy produced at an alternative energy facility.
Monarch PPA 7 - 12 - 16 Page 10111
12.10 Cancellation Due to Cause. — Seller has the exclusive right to cancel this
Agreement prior to the physical installation of the System for any reason it deems a valid cause.
Such cause may include, but is not restricted to: unfavorable structural engineering review,
unforeseen impediments to the installation,unexpected increased costs to install or finance,design
modifications in excess of plans, changes in projected proforma, inability to procure equipment as
planned, site modifications beyond its control, or any other reason that makes performance under
this agreement impractical. Once the System is constructed and commissioned this right becomes
null and void.
13. FORCE MAJEURE
13.1 To the extent either Party is prevented by an event of Force Majeure from performing
its obligations under this Agreement, such Party shall be excused from the performance of its
obligations under this Agreement (other than the obligation to make payments when due). The
Party claiming Force Majeure shall use commercially reasonable efforts to eliminate or avoid the
Force Majeure and resume performing its obligations; provided, however, that neither Party is
required to settle any strikes,lockouts or similar disputes except on terms acceptable to such Party,
in its sole discretion. The non-claiming Party shall not be required to perform or resume
performance of its obligations to the claiming Party corresponding to the obligations of the
claiming Party excused by Force Majeure.
13.2 In the event of any delay or nonperformance resulting from an event of Force
Majeure, the Party suffering the event of Force Majeure shall, as soon as practicable, notify the
other Party in writing of the nature, cause, date of commencement thereof and the anticipated
extent of any delay or interruption in performance;provided,however,that a Party's failure to give
timely notice shall not affect such Party's ability to assert Force Majeure unless the delay in giving
notice prejudices the other Party.
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties have caused this Solar Power Purchase
Agreement to be duly executed and delivered as of the Effective Date.
SELLER PURCHASER
Monarch Solar, LLC City of Golden Valley
By: By:
Name: Name: Tim Cruikshank
Title: Title: City Manager
Date: Date:
Monarch PPA 7 - 12 - 16 Page 1111
EXHIBIT A
PV SYSTEM LOCATION, SIZE,
ESTIMATED PRODUCTION, and
SPECIFIED SOLAR MODULE
1) 7720 Golden Valley Rd. Golden Valley, MN 55427
2) 7710 Golden Valley Rd. Golden Valley, MN 55427
The images below show a general footprint of the proposed Solar Equipment / System locations.
They are not to scale nor do they represent the final layout or location of the proposed Solar
Equipment / System. The parties will agree as to the specific location and placement of Solar
Equipment/ System and update this Exhibit A accordingly.
PV Array
PV array
r
Estimated Final System Size For each Array(kw): 39.9
Estimated System Production is based on published National Renewable Energy Labs (NREL)
data for a Typical Meteorological Year(TMY) for this area. Production estimates are specific to
this System and this site. As NREL publishes averages from many years of solar data, variations
from TMY are to be expected for any given year. The production table below will be guaranteed
by Monarch Solar LLC so long as this Agreement is in effect. The below production estimates
table is guaranteed to be within a+ or—5% of the NREL published TMY data.
Example: The system produces 6% less than the production estimate,but TMY data is 5% lower
than an average year, Monarch will owe the City of Golden Valley the I% shortfall in production.
Contract Energy
Year (kwh/ r)
Year 1 45,856
Year 2 45,627
Year 3 45,399
Year 4 45,172
Year 5 44,946
Year 6 44,721
Year 7 44,498
Year 8 44,275
Year 9 44,054
Year 10 43,834
Year 11 43,614
Year 12 43,396
Year 13 43,179
Year 14 42,963
Year 15 42,749
Year 16 42,535
Year 17 42,322
Year 18 42,111
Year 19 41,900
Year 20 41,690
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VOYAGEUR ADVANTAGES:
• High-efficiency, US-made monocrystalline cells deliver greater power density.
• Double-glass design for increased durability.
• Made in the USA.
• Locally manufactured in Mt. Iron, Minnesota and qualifies for Made in MN state incentives.
• Glass back enhances durability without additional weight.
• Fully silicone-sealed junction box for improved weather protection.
• 60-cell design compatible with widely available residential and commercial mounting systems,
microinverters and DC optimizers.
• Industry leading 10-year workmanship and 30-year power warranty.
mom
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MADE IN USA C US ARRA COMPLIANT
Produced with Quality Components from SolarWorld Americas Rev20150608
ELECTRICAL CHARACTERISTICS
AT THERMALr
Rated Power(PMAX)Watts 275 280 285 NOCT:46°
Maximum Power Voltage(Vmp) 31.0 31.2 31.3 Temperature PMAX: -0.45%/°C
Maximum Power Current(IMP) 8.94 9.07 9.20 Coefficients Von: -0.30%/°CIse,: 0.04%/°C
Open Circuit Voltage(Von) 39.4 39.5 39.7 Temperature
Short Circuit Current(Is.) 9.58 9,71 9.84 Range -40 to 185°F(-40 to 85°C )
Maximum System Voltage(VDD) 1000 1000 1000
Module Efficiency 16.4% 16.7% 17.0% WARRANTIES
Series Fuse Rating(Amps-DC) 15 15 15
-Standard Test Conditions(STC)at 1000W/m?AM 1.5 spectrum, 77°F/25°C cell temperature. Workmanship 10 years
Warranty
MECHANICAL AONS Power
Warranty 30 year limited power warranty
Module Weight 49.6 lbs UL 1703, (Canada and US)
Cells 60 monocrystalline silicon cells Certifications Class C Fire Rating
CEC
Diodes 3 bypass diodes Made in Minnesota
Frame Clear anodized aluminum Qualifications
Design Load 113 psf downward, 50 psf upward Made in USA
Construction Heat treated glass, low iron front with anti-reflective coating Wattages subject to availability.
Connectors(Wire) Amphenol H4, (12 AWG, PV Wire, length - 38 inches)
Junction Box IP65
[37.80in] 1.60ini
960mm i 15.3mm
[2.62in]
66.5mm [•26inJ
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[8.70in] [1.34in'
221 mm 34mm
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1675mm
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SILICON ENERGY MN, LLC
PO Box 376
8787 Silicon Way
Mt. Iron, MN 55768
287.5 i m 15.3 Tel: 218.789.1710
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SPLCIFICAIIONS SUBJECT TO CHANGL W111-1001 N0710E
ATTENTION: 71IOROUGHLY RFAD INSTRUCTIONS IN USER'S MANUAL BEFORE INSTALLING
Rev 20150608
EXHIBIT B
Solar Electricity Price to Purchaser
B1) Starting price for the basic energy rate generated by each System is: $.085/kWh in Year 1.
B2) Annual escalator for the rate in B1 is: 2.75%
B3) The resulting annual rate for the energy generated by the System is outlined for
each year accordingly:
Year PPA Rate($/kwh)
1 0.085
2 0.087
3 0.090
4 0.092
5 0.095
6 0.097
7 0.100
8 0.103
9 0.106
10 0.109
11 0.111
12 0.115
13 0.118
14 0.121
15 0.124
16 0.128
17 0.131
18 0.135
19 0.139
20 0.142
B2) Purchaser Buyout Option and Formula
Beginning in the second quarter of Contract Year 6, Purchaser shall be allowed the option to
purchase all of Seller's ownership interest in the System at Fair Market Value (FMV) in
accordance with Section 3 of the Agreement as outlined.
The FMV Buyout Formula for this System shall be the sum total of
a)The cash value of energy for the years remaining from the date of buyout to, and
including, Contract Year 20 calculated as the Estimated System Production(Exhibit A)multiplied
by the Solar Electricity Price(Exhibit B) for each of the remaining years. This cash value shall be
discounted for the time-value of money according to a 6% APR. This Buyout Formula shall also
include any and all rebates, green credits, SRECs, and other values that may accompany the
System at the time of the buyout, or are available to it in a tangible and quantifiable way through
Contract Year 20 discounted for the time-value of money according to a 6%APR, and
b) The FMV Buyout Formula will be discounted by the cost to Seller for removal of the
System from the Purchaser property. Such costs will be determined by Seller in advance,provided
such cost is commercially reasonable and, upon Purchaser's request, is no less than the average of
two quotes form independent third party contractors for such removal, with such quotes obtained
by Seller at Seller's sole cost.
EXHIBIT C
INSURANCE REQUIREMENTS
Seller Insurance: At all times relevant to this Agreement, Seller shall maintain (or shall cause its Contractors
to maintain), with a company or companies licensed or qualified to do business in the State of Minnesota,
workers' compensation insurance in compliance with appropriate federal and State laws, employers liability
insurance with limit of not less than $1,000,000 per accident or disease for each employee, and commercial
general liability insurance, occurrence form, including, but not limited to, contractual coverage for all of the
provisions or this Agreement, with limits of not less than the greater of(i) $2,000,000 per occurrence and in
the aggregate, $1,000,000 products and completed operations aggregate, and $1,000,000 personal injury
and advertising injury per offense,or(ii)the applicable limits on liability to which Purchaser may be held, as a
statutory city, under state law, as the same may be amended from time to time.
In addition, Seller shall maintain (i) business automobile liability insurance covering all owned, rented, and
non-owned vehicles used in connection with performing under this Agreement, with limits of not less than the
greater of(a) $1,000,000 each accident for bodily injury and property damage, or(b) the applicable limits on
liability to which Purchaser may be held, as a statutory city, under state law, as the same may be amended
from time to time; (ii) umbrella or excess liability insurance written on an occurrence basis and in an amount
not less than $4,000,000 per occurrence and $4,000,000 in the annual aggregate, excess of the limits
provided by commercial general liability and automobile insurance policies.
The coverage terms of the umbrella/excess policy must be at least as broad as the underlying commercial
general liability and business automobile liability insurance policies; and (iii) professional liability (errors and
omissions) insurance on a claims-made basis and in an amount not less than $2,000,000 per claim and
$2,000,000 in the aggregate. Sellers's insurance policy shall be written on a claims-made basis. A cross
liability clause shall be made part of the policy. Seller's insurer shall waive all rights of subrogation against
Purchaser except in the case of negligence or willful misconduct. Seller shall furnish current certificates
indicating that the insurance required under this Section is being maintained. In addition, Seller shall furnish
copies of the policies evidencing the insurance required to be maintained by Seller hereunder upon
Purchaser's request.
Purchaser Insurance: At all times relevant to this Agreement, Purchaser shall maintain, with a company or
companies licensed or qualified to do business in the State of Minnesota, workers' compensation insurance
in compliance with appropriate federal and State of Minnesota laws, employers liability insurance with limit of
not less than $1,000,000 per claim made by each employee, and commercial general liability insurance,
occurrence form, including, but not limited to,contractual coverage for all of the provisions or this Agreement,
with limits of not less than$2,000,000 per claim and in the aggregate, $2,000,000 for products and completed
operations aggregate; and $1,000,000 personal injury and advertising injury per claim. The foregoing
requirements can be satisfied through a combination of primary commercial general liability and umbrella and
excess insurance policies.
Purchaser shall specifically insure Solar Facilities located on their property against all damage, theft,
vandalism,fire or other comprehensive loss and list the full replacement value of Solar Facilities as a line item
in said policy. Comprehensive coverage may fall under the Purchaser's general property insurance.
However, Seller must be named as additional insured and certificate of same provided to Seller. This
insurance shall remain in force for the full term of this Agreement.
EXHIBIT D
DEFINITIONS
"Business Day"means any day except a Saturday, Sunday, or a Federal holiday.
"COD" means commencement of delivery of energy by a System. Generally this is the
date the Xcel Energy(or Northern States Power)bidirectional meter is installed although in certain
cases it may preceed that event.
"Commercial Operation Date"means the date when the System is connected to the grid
and exporting power, or is "placed in service" as described for purposes of Section 48 of the
Internal Revenue Code.
"Contract Year" means the twelve (12) month period commencing on the Commercial
Operation Date.
"Energy" means electrical energy that is generated by the System, expressed in kWh,
alternating current.
"Energy Price" means, for any Contract Year, the product of the Energy price and the
actual energy generation, as set forth on Exhibit B.
"Environmental Attributes" means any and all environmental benefits, air quality
credits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to energy
generation by a renewable fuel source and its displacement of energy generation by conventional,
nonrenewable, and/or carbon-based fuel sources. Environmental Attributes include, but are not
limited to, (1) any benefit accruing from the renewable nature of the generation's motive source;
(2) any avoided emissions of pollutants to the air, soil, or water (such as sulfur oxides (SOX),
nitrogen oxides (NOX), carbon monoxide (CO), and other pollutants other than those that are
regulated pursuant to state or federal law); (3) any avoided emissions of carbon dioxide (CO2),
methane (CH4), and other greenhouse gases that have been determined by the United Nations
Intergovernmental Panel on Climate Change to contribute to the actual or potential threat of
altering the Earth's climate by trapping heat in the atmosphere; (4) any property rights that may
exist with respect to the foregoing attributes howsoever entitled; (5) any green tags, renewable
energy credits or similar credits, including RECs described in Conn. Gen. Stat. § 16-245a et seq.
("RECs"or"SRECs"); and (6) any reporting rights to these avoided emissions, including, but not
limited to, green tag or REC reporting rights. Environmental Attributes do not include (i) any
energy, capacity, reliability, or other power attributes, (ii) Environmental Incentives, or (iii)
emission reduction credits encumbered or used for compliance with local, state, or federal
operating and/or air quality permits.
"Force Maieure" means any act or event that delays or prevents a Party from timely
performing obligations under this Agreement or from complying with conditions required under
this Agreement if such act or event, despite the exercise of reasonable efforts, cannot be avoided
by, and is beyond the reasonable control of and without the fault or negligence of,the Party relying
thereon as justification for such delay, nonperformance, or noncompliance, which includes,
without limitation, an act of God or the elements, site conditions, extreme or severe weather
conditions, explosion, fire, epidemic, landslide, mudslide, sabotage, terrorism, lightning,
earthquake, flood, volcanic eruption or similar cataclysmic event, an act of public enemy, war,
blockade, civil insurrection, riot, civil disturbance, or strike or other labor difficulty caused or
suffered by a Party or any third party beyond the reasonable control of such Party. However,
financial cost alone or as the principal factor shall not constitute grounds for a claim of Force
Majeure.
"kWh"means kilowatt-hours.
"Net Metering Rules"means the rules established pursuant to Minn. Stat. § 216B.164.
"Person"means any individual, corporation (including, without limitation, any non-stock
or non-profit corporation), limited liability company, partnership, joint venture, association,
joint-stock company, trust,unincorporated organization, or governmental body.
"Premises"means the real property at the locations set forth on Exhibit A,
"Purchaser"has the meaning set forth in the Preamble.
"System"—Refers to all the components of the PV energy generating facility to be placed
on Purchaser property and is the primary focus of this Agreement.
"Typical Meteorological Year (TMY)" — Refers to the solar irradiance average for a
given area as published by National Renewable Energy Labs (NREL) from time to time. This
figure is an average of several years data gathering from established sites across the country. Solar
irradiance for any given year and site will naturally deviate somewhat from this figure.
"Utility"means Northern States Power Company, dba Xcel Energy, Inc.
"Year" refers to a typical calendar year of twelve months.
EXHIBIT E
ROOF REPAIR
When necessary, and upon at least thirty(30)days' advance written notice, Seller shall provide for
shutdown, and, if necessary, removal and reinstall of part of the System at no cost to Purchaser to
allow for building improvement or roof repair with the following provisions:
E1 The maximum amount of System affected shall be no more than 20% of the array in
question during any three year period. If it is necessary to remove more than 20%, Seller may, at
its discretion, invoice Purchaser for its direct costs in the additional amount.
E2 Purchaser and Seller shall agree in advance the scheduled timing of said repair and the
amount of time that System will be out of service. Purchaser will use commercially reasonable
efforts to ensure the repairs are completed during reasonable weather conditions, except in the
event emergency repairs are necessary. Seller is not obligated to conform to this Section during
winter months of November through March, except in the event of emergency repairs.
E3 For any period that the system remains out of service for more than fourteen (14)
consecutive days, Purchaser will pay Seller's anticipated loss of revenue prorated to the actual
amount of time the System is not functioning. The anticipated loss of revenue will be calculated
utilizing TMY data as described in Exhibit A plus whatever credits the Purchaser or Seller was to
receive as a result of System operation during that time period.
E4 Notwithstanding the foregoing, Purchaser and Seller agree to cooperate in the event
that Purchaser's roof must be fully replaced,and will enter into a mutually acceptable agreement to
allow for the System to be temporarily removed while the roof is replaced.
471279v2 BR270-1209
Monarch Solar
ENERGY PERFORMANCE GUARANTY
This ENERGY PERFORMANCE GUARANTY is made as of the day
of , 2016 by Monarch Solar, a Minnesota limited liability company ("Monarch"),
Monarch Solar, LLC, a Minnesota limited liability company ("Monarch") and
Sundial Solar, LLC, a Minnesota limited liability company ("Sundial") in favor of
the City of Golden Valley a Minnesota municipal corporation ("Client"). The entities above
may sometimes be referred to separately as a "Party' and together as the "Parties".
ENERGY PRODUCTION
Concurrent with the execution of a separate Power Purchase Agreement (PPA) by and
between The City of Golden Valley and Monarch, Monarch and Sundial hereby guaranty that
the Solar Energy System (the "Solar System") described in the PPA will produce a
minimum amount of energy (k w h). So long as the Solar System remains in full service
and under the care of Monarch through a separate concurrent Operations and Maintenance
Agreement (O&M) with the System Owner, Monarch and Sundial will guaranty th e m i n i m u m
amount of energy production as described below:
ESTIMATED ENERGY PRODUCTION
The Estimated System Energy Production in the table below is based on this particular Solar
System design and published National Renewable Energy Labs(NREL)data for a Typical
Meteorological Year(TMY) for this area. Production estimates are specific to this System and
this site assuming a DC system capacity of 39,900 watts. Should the installed capacity vary from
this figure, the estimated production will be prorated accordingly.
STANDARD DEVIATION
As NREL publishes averages from many years of solar data, variations from TMY are to be
expected for any given year. It is agreed by the parties that there is an allowable Standard
Deviation of 10% for any given time frame.
PERFORMANCE GUARANTEE
The production estimates below, once adjusted for Standard Deviation of 10% and TMY for the
given time frame, will be guaranteed by Monarch-so long as the O&M contract is in force for this
system and is held by Monarch.
Example 1: If the System production falls short of the estimate for a given year by 12% and TMY data for
the same time frame shows solar radiation in our area is normal, Monarch will owe the City of Golden
Valley for the 2%shortfall in production after the 10%standard deviation.
Example 2: If the System production falls short of the estimate for a given year by 6%and TMY data for
the same time frame shows solar radiation in our area is normal,Monarch will not owe Client for any
shortfall in production because it falls within the allowable Standard Deviation of 10%.
Example 3: If the System production falls short of the estimate for a given year by 12% and TMY data for
the same time frame shows solar radiation in our area is 2% less than a normal, neither Monarch nor
S u n d i a 1 will not owe Client for any shortfall in production because it falls within the allowable Standard
Deviation of 10%once adjusted for TMY.
ESTIMATED SYSTEM PRODUCTION
The figures herein are based on system size of 39,900 watts DC.
Year Energy(kwh/yr)
Year 1 45,856
Year 2 45,627
Year 3 45,399
Year 4 45,172
Year 5 44,946
Year 6 44,721
Year 7 44,498
Year 8 44,275
Year 9 44,054
Year 10 43,834
Year 11 43,614
Year 12 43,396
Year 13 43,179
Year 14 42,963
Year 15 42,749
Year 16 42,535
Year 17 42,322
Year 18 42,111
Year 19 41,900
Year 20 41,690
REMUNERATION FOR SHORTFALL
If the System production for any given year falls short of the guaranteed amount as described
above, Monarch and Sundial shall be jointly and severally responsible for reimbursing Client by
delivering a check to the address below within thirty(30) days. The amount shall be calculated
by multiplying the adjusted shortfall by the applicable rate set forth in the PPA. Client pays in the
given year under the aforementioned PPA Agreement between Client and Monarch.
NOTICES
Notices and payments are to be made to the following:
Monarch Solar
Attention: Jon Kramer, CEO
4708 York Ave. S.
Minneapolis, MN 55410
City of Golden Valley
Attention: Eric Seaburg
7800 Golden Valley Rd.
Golden Valley, MN 55427
Either party may designate by notice in writing a new address and/or individual to which any
payment notice, request or communication made thereafter will be so given, served or sent.
TERM
The term of this Energy Performance Guarantee will be 20 years starting with the date of Final
Project Completion and COD as described in the PPA, and ending on the twentieth anniversary
thereof contingent upon Monarch holding the O&M contract for this system. If Client executes
its option to purchase the Solar System under the PPA, this Energy Performance Guarantee shall
terminate on the 10th anniversary of COD provided Client executes a separate O&M Agreement for
this System with Monarch for any interim period between date of purchase and the 10'h anniversary
of COD. This Guaranty shall survive any transfer of Solar System ownership.
APPLICABLE LAW
The obligations in this Guaranty are intended to comply with Minn. Stat. §471.345, subd. 13.
This Guaranty shall be deemed to be made under, and shall be governed by, the laws of the
State of Minnesota in all respects, including matters of construction, validity and performance.
This Guaranty shall be binding upon Monarch's successors and assigns. Monarch may not assign
this Guaranty or its obligations hereunder without Client's prior written consent such consent to be
not unreasonably withheld.
IN WITNESS WHEREFORE,the undersigned has executed this Energy Performance Guaranty
as of the day and year first above written.
Monarch Solar City of Golden Valley
By: By:
Name: Name:
Title: Title:
Date: Date:
Sundial Solar City of Golden Valley
By: By.
Name:
Title:
Date:
i
Monarch Solar
SOLAR ENERGY
FACILITIES LEASE AGREEMENT
THIS FACILITIES LEASE AGREEMENT ("Lease"), is made and entered into this day
2016 (the "Effective Date"), between The City Golden Valley, a Minnesota
municipal corporation ("Landlord"), and Monarch Solar, LLC, ("Tenant"), 3209 W. 76th. St.,
Edina, MN 55435 individually "Party" and collectively as "Parties". Definitions not in the body
of this Lease are given in Exhibit B.
RECITALS
A. Tenant desires to lease certain areas of Landlord's building(s) and secure such
rights of access in order to install and operate solar photovoltaic (PV) equipment ("Solar
Equipment")that shall produce power for use by Landlord's building(s);
B. Landlord is willing to grant such a lease to Tenant for non-exclusive use subject
to certain terms and conditions; and
C. The Parties are simultaneously entering into a Solar Power Purchase Agreement
(the "PPA") and this Solar Energy Facilities Lease Agreement.
NOW, THEREFORE, in consideration of the use of the premises and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties
hereto agree as follows:
1. LEASE FOR USE OF AND ACCESS TO FACILITIES
1.1 Subject to the terms and conditions contained in this Solar Facilities Lease, Landlord
hereby grants to Tenant and Tenant agrees to accept the right to use the areas described and depicted
in Exhibit A (the "Facilities") for the installation, operation, and maintenance of the Solar
Equipment at Tenant's sole cost and expense. Tenant's right to use the Facilities is non-exclusive as
to other, non-solar uses which do not impede the effectiveness of the Solar Equipment. Subject to
the provisions of the Lease, as described below, Landlord also grants Tenant non-exclusive easement
rights to access the Facilities and such areas within Landlord's building(s) and the land on which
they are located (the "Property") as may be needed to access, install, maintain and operate the Solar
Equipment and the Interconnection of electrical service and the electrical grid.
1.2 Tenant acknowledges that it has inspected the Facilities for placement of Solar Equipment
and Interconnection of same to electrical grid. Landlord has made no representations or warranties
respecting the condition of the Facilities or their suitability for Tenant's use, and that neither Tenant
nor Landlord has an obligation or duty to make any alterations, improvements, or repairs to the
Facilities or the building(s) on which they are located to make same ready for Tenant's use and
occupancy. Tenant accepts the Facilities and the building(s) on which they are located in their
present "as is" condition.
2. FACILITIES AND LOCATION OF SOLAR EQUIPMENT
Landlord acknowledges that Tenant will be installing solar PV energy equipment (the "Solar
Equipment") on the Facilities as well as the Related Areas for installation, maintenance and
operation of the solar equipment at Tenant's sole expense. Landlord further acknowledges that
Tenant will require use of additional areas within Landlord's buildings on a non-exclusive basis for
the Interconnection of the Solar Equipment with the electrical service and electrical grid.
3. TERM OF LEASE
This Lease will commence on the Effective Date noted above and will carry on for 20 full calendar
years and shall automatically be extended to match any extension of the PPA, unless otherwise
agreed in writing between the parties. If, upon termination of this Lease for any reason, Landlord
has not acquired ownership of the Solar Equipment pursuant to Landlord's purchase option rights
described in Section 3 of the PPA, Tenant will at its own expense remove all Solar Equipment as
provided under Section 8 of this Agreement. Tenant will surrender the leased area in good condition
and repair and agrees to restore the Facilities and areas required for Interconnection to its pre-lease
condition, subject to ordinary wear and tear.
Notwithstanding anything to the contrary herein, if the PPA terminates or is canceled for any reason,
including without limitation because of the Landlord's election to exercise its purchase option
thereunder, then this Lease shall automatically terminate without the need for any additional action
by either Party.
4. LEASE FEE
Tenant agrees to pay Landlord a fee for this Lease, without notice, setoff or demand, of One Dollar
($1.00) per year, pro rata for any partial year to the extent that the Term commences or terminates
on a day other than the first or last day of the year (the "Lease Fee"). Such payments will be due on
the Effective Date and on the first day of each succeeding calendar year for the Term of the Lease
and will be remitted to the address designated by Landlord.
5. PLANS AND SPECIFICATIONS
Tenant at its sole expense shall design, install and maintain the Solar Equipment in accordance with
approved plans, equipment specifications, maintenance schedules and best practices customary in
the solar industry. Prior to occupying the Facilities, Tenant shall provide a copy of such approved
plans and maintenance schedules to Landlord together with any permits required and approved for
installation of the Solar Equipment.
6. RESPONSIBILITIES OF TENANT
6.1 The leasehold rights of Tenant shall be limited to installation, maintenance, and operation of
the Solar Equipment on the Property and at such other Related Areas as required for access to and
Interconnection of the Solar Equipment to the electrical service and electrical grid.
6.2 Tenant agrees not to use, provide access to or permit the use of the Property or Related
Areas for any purpose other than the installation, maintenance and operation of the Solar Equipment.
Tenant warrants that no environmentally hazardous materials will be used or stored in or around the
Property or used in any of the Solar Equipment installed by Tenant on the Property.
6.3 Tenant shall ensure that the Solar Equipment installed by Tenant does not interfere with or
disturb the operation of any other equipment or business of Landlord on the Property.
6.4 Tenant will not permit any unauthorized person or persons to have access to the Facilities or
to maintain or operate the Solar Equipment. Tenant agrees to follow all reasonable requests by
Landlord in order to maintain the security of the Facilities at all times.
6.5 Tenant agrees to maintain the Facilities in a clean condition and in good repair. Tenant will
remove any excess equipment and waste material from Landlord's property following installation of
the Solar Equipment.
6.6 Tenant agrees that the installation, operation and maintenance of the Solar Equipment will at
all times comply with Landlord's reasonable policies for the Property and all applicable laws,
ordinances, rules, and regulations of any governmental entity or agency having jurisdiction with
respect to the Lease or the Property.
6.7 Tenant warrants that any contractor or subcontractor it engages shall be subject to the same
conditions as Tenant under this Lease, including all indemnity and insurance clauses.
7. RESPONSIBILITIES OF LANDLORD
7.1 Rights of Access and Provision of Space and Facilities. Landlord will provide employees or
agents of Tenant rights of ingress and egress in the Property and will provide Tenant with access to
and use of the Property consistent with (i) the terms and conditions of this Lease and any leases
between Landlord and other Property tenants; and (ii) rules and regulations reasonably issued from
time to time by Landlord regarding such rights of ingress and egress.
7.2 Non-Interference. i) Tenant will have the sole and exclusive right to install and operate the
Solar Equipment on the Property. During the Term of the Lease, Landlord will not construct, build,
or locate, or allow others to construct, build, or locate any equipment or facilities (solar or otherwise)
that would materially interfere with the Solar Equipment or otherwise engage in, or allow others to
engage in activity, that might materially impede or affect the Solar Equipment's access to the sun or
decrease the output or efficiency of the Solar Equipment. ii) Landlord, its owners, employees, staff,
and agents shall not in any way tamper with, perform work on, or make modifications to, the Solar
Equipment. This strict provision also applies to all companies, firms, persons, contractors, or other
parties employed by or on behalf of Landlord. It is expressly understood that only those persons
authorized by Tenant shall be allowed to work on the Solar Equipment.
7.3 No Right of Ownership. Landlord will have no ownership or other interest in the Solar
Equipment installed by Tenant on the Property.
7.4 Insurance. Landlord shall maintain casualty insurance for the Property that includes the cost
of repair or full replacement of the Solar Equipment in the event of any casualty event affecting the
Property or Solar Equipment.
8. REMOVAL OF SOLAR EQUIPMENT
8.1 Unless otherwise agreed between the Parties, Tenant will remove its Solar Equipment within
thirty (30) days after the expiration or termination of this Lease or any extension thereof and make
any repairs to the Property or Facilities caused by the Solar Equipment, including but not limited to
restoring all power and utility connections existing prior to the installation of the Solar Equipment.
Tenant and Landlord may agree in writing to extend the period for removal.
8.2 To facilitate improvement or repair of the Landlord's building(s) or rooftop(s), Tenant shall
remove its Solar Equipment as provided under the attached Exhibit C to this Agreement.
8.3 Landlord will not be permitted to remove any Solar Equipment from the Property at any time
unless otherwise agreed in writing between the Parties.
9. USE OF ELECTRICAL SERVICES BY TENANT
9.1 Landlord will provide Tenant with access to electrical facilities in the Property and such power
supplies as are required for operation of Tenant's Solar Equipment. Tenant will be responsible for(i)
the cost of installing and maintaining equipment using such facilities, (ii) the cost of the installation
of any separate meters required by Tenant, and (iii) any sum charged Landlord based on charges
from the applicable Utility for such service.
9.2 Landlord will not be liable to Tenant for any temporary interruption in the Property's power
supply that results in damages to either person or property of Tenant or Tenant's Solar Equipment.
Landlord will use reasonable efforts and diligence to restore electrical power promptly.
9.3 Landlord acknowledges that interruptions in utility services may periodically be necessary for
Tenant to install and maintain its Solar Equipment. Tenant shall provide at least 48 hours' notice to
Landlord of any planned interruption, disruption or suspension of power to Landlord's the Property
and work with Landlord to minimize the impacts of such disruptions on the Property or other
tenants. Any such interruption, disruption or suspension shall not last longer than 1 hour without the
provision of a backup power supply provided by Tenant at no cost to Landlord.
9.4 No one is allowed to work on, modify, or tamper with any part or aspect of the Solar
Equipment except those persons strictly authorized by Tenant. Neither Landlord nor its agents or
representatives are authorized or permitted to make any adjustments, modifications, connections or
relocation of the Solar Equipment without Tenant's prior written consent.
9.5 If Landlord, or an agent of Landlord, tampers with the Solar Equipment, Landlord
automatically assumes liability associated with such tampering. Any and all costs incurred by
Tenant to remedy such violation and recoup lost revenue will be the responsibility of Landlord.
10. INSURANCE
10.1 Insurance Policies. Prior to the commencement of any work in, on or about the Property and
during the term of this Lease, Tenant will obtain and maintain insurance, at its own expense, in
amounts not less than those specified below:
A. Workers Compensation insurance in accordance with the laws of the State of Minnesota,
but not less than$500,000.
B. Employer's liability insurance in an amount not less than the greater of(i) $1,000,000, and (ii)
the applicable limits on liability to which Landlord may be held, as as statutory city, under state law,
as the same may be amended from time to time.
C. Commercial General Liability for bodily injury liability and property damage liability with limits
of not less than the greater of(i) $2,000,000 combined single limit each occurrence, and including
Independent Contractors, and (ii) the applicable limits on liability to which Landlord may be held, as
a statutory city, under state law, as the same may be amended from time to time.
D. Comprehensive Automobile Liability covering owned, hired and non-owned vehicles with limits
not less than the greater of (i) $1,000,000 combined single limit each occurrence, and (ii) the
applicable limits to which Landlord may be held, as a statutory city, under state law, as the same
may be amended from time to time.
10.2 The above insurances will, without liability on the part of Landlord for premiums thereof,
include the endorsement as an Additional Insured the Landlord and its representatives, as designated
from time-to-time by Landlord.
10.3 Landlord shall maintain casualty and comprehensive insurance for the Property that
specifically includes the cost of repair and/or full replacement of the Solar Equipment in the event of
any casualty affecting the Solar Equipment regardless of cause. Tenant shall be named as Additional
Insured on Landlord's policy.
10.4 Before the Effective Date of this Lease and during the term of the Lease, Tenant and Landlord
will share certificates of such insurance with the other Party. Upon Landlord's request, Tenant shall
provide copies of the policies evidencing the insurance required to be maintained by Tenant
hereunder.
11. EVENTS OF DEFAULT AND REMEDIES
11.1 The following events will be deemed to be events of default under this Lease: (i) Tenant
fails to pay any Lease Fees, sum of money, or other compensation when due hereunder and such
failure continues for a period of ten(10)business days after receipt of written notice from
Landlord of such failure; (ii) Tenant or Landlord fails to comply with its respective obligations
under any provision of this Lease, and such failure continues for a period of thirty(30) days after
written notice of such default is delivered to the defaulting party, provided, however, if such
condition cannot reasonably be cured within such thirty(30) day period, it instead will be an
event of default if the defaulting party fails to commence to cure such condition within such
thirty(30) day period and thereafter fails to prosecute such action diligently and continuously to
completion within ninety(90) days of the date of the notice of default; (iii) Tenant ceases to do
business or abandons any rights granted under the Lease; (iv) Tenant becomes insolvent or
unable to pay its debts as they become due, or Tenant notifies Landlord that it anticipates either
condition; (v) Tenant takes any action to, or notifies Landlord that Tenant intends to file a
petition under any section or chapter of the United States Bankruptcy Code, as amended from
time to time, or under any similar law or statute of the United States or any State thereof; (vi) a
receiver or trustee will be appointed for Tenant's Lease interest in this Lease or for all or a
substantial part of the assets of Tenant; or(vii) a default by Tenant under the PPA.
11.2 Upon the occurrence of any event or events of default by Tenant, Landlord will have the option
to pursue any remedies available to it at law or in equity, including with limitation, termination of
this Agreement and eviction, without any additional notices to Tenant. Upon the occurrence of any
event or events of default by Landlord, Tenant will have the option to exercise all remedies available
to it at law or in equity, including, without limitation, injunctive relief of all varieties, and
termination rights.
11.3 Either party will be in default hereunder in the event the defaulting party has not begun and
pursued with reasonable diligence the cure of any failure to comply with its respective obligations
under any provision of this Lease within thirty(30) days of the receipt by the other of written notice
of the alleged failure to perform.
12. MISCELLANEOUS PROVISIONS
12.1 Nothing herein will be deemed to limit Tenant's obligations or Landlord's rights under this
Lease. In addition to all indemnifications provided by this Lease, Tenant agrees to indemnify and
hold Landlord harmless against any claim, cause of action, damage, liability of any type or nature
arising from a claim by any party arising under or in connection with this Lease.
12.2 Tenant agrees to permit Landlord or its employees, agents or representatives to inspect any
portion of the Solar Equipment installed in or on the Property by Tenant at reasonable hours with
Tenant or its representative present. Tenant agrees to make such a representative available when
requested by Landlord.
12.3 Landlord's right of entry to inspect Tenant's Solar Equipment shall not be limited in cases
of emergency or when Landlord reasonably believes such right of entry is necessary to protect
against damage to property or persons.
12.4 Neither Tenant nor Landlord shall have the right to transfer or assign, in whole or in part,
any of either party's rights or obligations hereunder without the prior written conset of the non-
transferring party, which shall not be unreasonably with held.
12.5 Tenant may from time to time, without consent of Landlord, encumber Tenant's interest
in the Solar Equipment by mortgage, deed, trust or other security instrument. Any rights
acquired under such encumbrance shall be subject to the covenants, terms and conditions of this
Lease and shall not relieve Tenant from any of its obligations or liabilities under this Lease or
constitute a waiver of any rights of Landlord.
12.6 Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other
lien presently existing or hereafter arising upon the Property and/or the Property and to any
renewals, modifications, consolidations, refinancing, and extensions.
12.7 The failure of either party to insist at any time upon the strict performance of any covenant or
agreement in this Lease or to exercise any option, right, power or remedy contained in this Lease
will not be construed as a waiver or a relinquishment of the Party's rights under this Lease.
12.8 If any term or provision of this Lease, or the application thereof to any person or circumstance
will, to any extent, be judged to be invalid or unenforceable, the remainder of this Lease, or the
application of such term or provision to persons or circumstances other than those as to which it is
held invalid or unenforceable, will not be affected thereby, and each remaining term and provision of
this Lease will be valid and enforced to the fullest extent permitted by law.
12.9 This Lease and the rights and obligations of the parties hereto will be interpreted, construed,
and enforced in accordance with the laws of the State of Minnesota without regard to conflicts of
laws provisions.
12.10 This Lease and the contemporaneously executed Energy Performance Guaranty and Solar
Power Purchase Agreement embody the entire agreement between the parties hereto with relation to
the transaction contemplated hereby, and there have been and are no covenants, agreements,
representations, warranties or restrictions between the parties hereto with regard thereto other than
those specifically set forth herein.
12.11 No remedy herein conferred upon or reserved to any Party shall exclude any other remedy
herein or by law provided, but each shall be cumulative and in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute. If any action, arbitration,
judicial reference, or other proceeding is instituted between the Parties in connection with this Lease,
the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' and experts' fees
and costs incurred in bringing or defending such action or proceeding (at trial and on appeal) and/or
enforcing any judgment granted therein.
12.12 Data provided to the Tenant or received from the Tenant under this Agreement shall be
administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13. Tenant agrees to comply with the Minneosota Government Data Practices Act.
13. INDEMNITY AND CASUALTY DAMAGE; LIENS
13.1 Except for the gross negligence, willful misconduct or default under this Lease by Landlord, its
employees or agents, Tenant hereby agrees to protect, defend, and hold harmless Landlord and its
agents and their respective officers, employees, agents, directors, shareholders and assigns, from and
against all loss, claims and expense, including without limitation any loss or damage attributable in
whole or in part to Tenant or its employees, servants, agents or contractors, because of damage to,
loss or destruction of property, including without limitation any loss of use thereof, and/or because
of bodily injury, sickness or disease, or death sustained by any person, arising directly or indirectly
from Tenant's activities under the Lease, or arising directly or indirectly from the Solar Equipment,
or the use and occupancy by Tenant of the Rooftop, or any breach of this Lease.
13.2 If the Solar Equipment or any part thereof is damaged by fire or other casualty, Tenant will
give prompt written notice thereof to Landlord. In the event of casualty damage to the Property,
requiring alteration or reconstruction of the Property, Landlord shall use reasonable diligence and
apply any insurance proceeds payable as a result of a casualty to restoring the Property shell,
including any of the Solar Equipment. Tenant shall have sole responsibility to replace or restore the
Solar Equipment following a casualty event and present its costs and expenses to Landlord for
reimbursement. Landlord's obligation to restore the Property and reimburse Tenant for its expenses
related to the Solar Equipment will not require Landlord to spend for such work an amount in excess
of the insurance proceeds actually received by Landlord as a result of the casualty. Landlord will not
be liable for any inconvenience or expense borne by Tenant resulting in any way from such damage
or the repair thereof except that the Lease Fee will abate from the date of the damage through the
period of restoration.
13.3 Notwithstanding any provision herein, neither party will be liable to the other for any loss
or damage to any property or person occasioned by an act of God, force majeure, court order, or
order of any governmental body or authority.
13.4 In no event will either party be liable to the other for (a) any loss or damage that may be
occasioned by or through the acts or omissions of other tenants of the Property or of any third
parties, or(b) any consequential, special or incidental damages.
13.5 Tenant shall not permit the Property to become subject to any mechanics', laborers' or
materialmen's lien on account of labor or material furnished to Tenant or claimed to have been
furnished to Tenant in connection with work of any character performed or claimed to have been
performed on the Facilities by, or at the direction or sufferance of, Tenant; provided, however, that
Tenant shall have the right to contest in good faith and with reasonable diligence, the validity of any
such lien or claimed lien if Tenant shall give the Landlord such security as may be deemed
satisfactory to Landlord to insure payment thereof and to prevent any sale, foreclosure, or forfeiture
of the Property by reason of non-payment thereof; provided further, however, that on final
determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered,
with all proper costs and charges, and shall have the lien released and any judgment satisfied.
14. NOTICES
All notices, demands, requests, or other communications which are required to be given, served, or
sent by one party to the other pursuant to this Lease will be in writing, and will be mailed, postage
pre-paid, by registered or certified mail, or by a reliable overnight courier service with delivery
verification, addressed as follows:
If to Landlord:
City of Golden Valley
7800 Golden Valley Rd.
Golden Valley, MN 55427
Attention: Eric Seaburg
Phone: (763) 593-8030
If to Tenant:
Monarch Solar, LLC
4708 York Ave.S.
Minneapolis, MN 55410
Attention: Jon Kramer, Partner
Phone: 612-926-8506
Either party may designate by notice in writing a new address and/or individual to which any notice,
demand, request or communication made thereafter will be so given, served or sent.
15 FORCE MAJEURE
15.1 To the extent either Party is prevented by an event of Force Majeure from performing its
obligations under this Agreement, such Party shall be excused from the performance of its
obligations under this Agreement (other than the obligation to make payments when due). The
Party claiming Force Majeure shall use commercially reasonable efforts to eliminate or avoid the
Force Majeure and resume performing its obligations; provided, however, that neither Party is
required to settle any strikes, lockouts or similar disputes except on terms acceptable to such
Party, in its sole discretion. The non-claiming Party shall not be required to perform or resume
performance of its obligations to the claiming Party corresponding to the obligations of the
claiming Party excused by Force Majeure.
15.2 In the event of any delay or nonperformance resulting from an event of Force Majeure, the
Party suffering the event of Force Majeure shall, as soon as practicable, notify the other Party in
writing of the nature, cause, date of commencement thereof and the anticipated extent of any
delay or interruption in performance; provided, however, that a Party's failure to give timely
notice shall not affect such Party's ability to assert Force Majeure unless the delay in giving
notice prejudices the other Party.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of this
day of , 2016.
LANDLORD: City of Golden Valley
By:
Name: Tim Cruikshank
Title: City Manager
TENANT: Monarch Solar, LLC
By:
Name:
Title:
EXHIBIT A
LOCATION OF SOLAR EQUIPMENT
on Landlord's Property
Landlord will lease to Tenant the rooftop areas of the following two properties:
7720 Golden Valley Rd. Golden Valley, MN 55427
7710 Golden Valley Rd. Golden Valley, MN 55427
The images below show a general footprint of the proposed Solar Equipment locations. They are
not to scale nor do they represent the final layout or location of the proposed Solar Equipment.
The parties will agree as to the specific location and placement of Solar Equipment and update
this Exhibit A accordingly.
PV Array
PV Array
it
It t
EXHIBIT B
DEFINITIONS
In addition to terms defined in this Lease, the following terms set forth below will be defined as
follows:
"Building" is one or more permanent structures located at the Landlord's property and owned by
same.
"Electrical Grid" is the system of local distribution for the provision of electrical service by the
Utility authorized to provide such service.
"Electrical Service" is the area or areas within the property that is the Point of Interconnection with
the electrical grid in order to provide electrical service.
"Facilities"refers to the area of Landlord's property occupied by the Solar Equipment.
"Interconnection" means the wiring, cabling, meters and/or related equipment necessary for
interconnection of the Solar Equipment to the Property electrical service and the electrical grid
operated by Utility.
"Property" means the larger parcel of land and improvements owned by Landlord on which the
Facilities are located.
"Related Areas: means all such areas as necessary for locating the solar equipment and egress
required to and from for access, as reasonably determined by Landlord.
"Rooftop"means areas where solar equipment may be located on the roof of Landlord's buildings.
"Solar Equipment" means Tenant's solar energy generating system and related equipment on or in
the areas leased from Landlord and all related equipment connected to it along with necessary
conductors, switchgear, controls and other aspects used to interconnect the solar energy generator
from the equipment space to the Point of Interconnection with the Property's electrical service and
the electrical grid.
"Utility" is the electrical service provider authorized to transmit electrical power to the Building and
its tenants.
EXHIBIT C
ROOF REPAIR
When necessary, and upon at least thirty (30) days' advance written notice by Landlord, Tenant
shall provide for shutdown, and, if necessary, removal and reinstall of part of the Solar
Equipment at no cost to Landlord to allow for building improvement or roof repair with the
following provisions:
E1 The maximum amount of Solar Equipment affected shall be no more than 20% of the
array in question during any three year period. If it is necessary to remove more than 20%,
Tenant may, at its discretion, invoice Landlord for its direct, reasonable out-of-pocket costs in
the additional amount.
E2 Landlord and Tenant shall agree in advance as to the scheduled timing of said repair
and the amount of time that the Solar Equipment will be out of service. Landlord will use
commercially reasonable efforts to ensure that the repairs are completed during reasonable
weather conditions, except in the event emergency repairs are necessary. Tenant is not obligated
to conform to this Section during winter months of November through March, except in the
event of emergency repairs.
E3 For any period that the Solar Equipment remains out of service for more than
fourteen (14) consecutive days, Landlord will pay Tenant's anticipated loss of revenue prorated
to the actual amount of time the System is not functioning. The anticipated loss of revenue will
be calculated utilizing the pricing information applicable to Landlord and Tenant pursuant to
PPA by and between Landlord and Tenant.
E4 During any period that the Solar Equipment remains out of service for more than
fourteen (14) consecutive days, Landlord agrees that the obligations of Tenant and its parent
company, Sundial Solar, LLC, under the Energy Performance Guaranty of even date herewith
shall be temporarily suspended until the Solar Equipment has been reinstalled.
city0f
go 1 d e n*iMEMORANDUM
valley ey City Administration/Council
763-593-8003/763-593-8109(fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 19, 2016
Agenda Item
6. C. Authorization to Sign Amendment to Legal Services Agreement with Best & Flanagan
Prepared By
Timothy Cruikshank, City Manager
Summary
Attached is an amendment to extend the term of the legal services agreement for City Attorney
services with Best & Flanagan. The amendment would extend the term of this agreement is for a
period of one additional year through December 31, 2017.
Attachment
• Legal Services Agreement between the City of Golden Valley and Best & Flanagan, LLP
(2 pages)
Recommended Action
Motion to authorize the City Manager to sign the Amendment to Legal Services Agreement with
Best & Flanagan, LLP for City Attorney services.
Tom Garry BEST&FLANAGAN LLP
Attorney DIRECT 612.341.9717 60 South Sixth Street,Suite 2700 Minneapolis,Minnesota 55402
tgarry@bestlaw.com TEL 612.339.7121 FAX 612.339.5897 BESTLAW.COM
BEST & FLANAGAN
July 8, 2016
VIA EMAIL ONLY
(JNally@goldenvalleymn.gov)
Tim Cruikshank, City Manager
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Re: Amendment to Legal Services Agreement between
the City of Golden Valley and Best & Flanagan LLP
Dear Tim:
As we have discussed, I am sending you this letter to serve as an amendment of the
Legal Services Agreement between the City and Best & Flanagan LLP.
The Legal Services Agreement between the City and Best & Flanagan LLP, entered
into on September 8, 2010, amended by letter agreement dated August 13, 2015, is hereby
further amended in the following particulars:
1. The term of the Agreement is extended for an additional year from January 1,
2017 through December 31, 2017 ("Additional Year").
2. Section III. "Compensation and Expense Reimbursement" is amended by
changing for the Additional Year the hourly rate for partners to $185 per hour,
for associates to $145 per hour and for paralegals to $120 per hour. The "pass
through" work remains at the rate of $350 per hour.
All other terms of the Agreement remain the same and are ratified by the City
and Best & Flanagan LLP.
Tim Cruikshank, City Manager
July 8, 2016
Page 2
BEST & FLANAGAN
Best & Flanagan LLP City of Golden Valley
f� /
Tom Garry Tim Cruikshank, City Manager
On behalf of the Firm
Very truly yours,
l�
Tom Garry
TGG:mj
000090/480568/2420239_2
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
Wednesday, August 3, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member so requests in which event the item
will be removed from the general order of business and considered in its normal
sequence on the agenda.
A.Approval of Minutes - City Council Meeting July 19, 2016
B.Approval of City Check Register
C.Licenses:
D.Minutes of Boards and Commissions:
E.Bids and Quotes:
F.Receipt of June Financial Reports
4.PUBLIC HEARINGS
A.Public Hearing - Approval of Conditional Use Permit 151 - 9050 Golden Valley Road -
Affinity Plus Federal Credit Union, Applicant - tabled from July 5 Council Meeting
B.Authorization to sign PUD Sub-Permit - Hidden Lakes PUD No. 74, Amendment No. 6
- 1725 Bridgewater Rd - Arash Allaei - tabled from July 5 Council Meeting
5.OLD BUSINESS
6.NEW BUSINESS
A.Announcements of Meetings
1. Future Draft Agendas: Council/Manager August 8, 2016, City Council August 16
and September 6, 2016
B.Mayor and Council Communications
7.ADJOURNMENT
AGENDA
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
Monday, August 8, 2016
6:30 pm
Pages
Debt and Infrastructure Discussion (20 minutes)
Proposed 2017-2018 Other Funds Biennial Budget andCapital Improvement
Plan Other Funds (2 hours)
Council/Manager meetngs have an inform' ;discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
August 16, 2016
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
C.Proclamation for Hunger Action Month
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 - City Council Meeting August 3, 2016
B.Approval of City Check Register
C.Licenses:
D.Minutes of Boards and Commissions:
E.Bids and Quotes:
F.
4.PUBLIC HEARINGS
A.Public Hearing - First Consideration - Amendment to Winter Parking Restrictions
B.Public Hearing - Major PUD Amendment #2 - Central Park West - Office
Building/Parking Ramp
C.Public Hearing - Zoning Code Text Amendment - Prohibiting Temporary Family
Health Care Dwellings
D.Public Hearing - First Consideration - Lodging Tax for Conventions and Visitor Bureau
5.OLD BUSINESS
6.NEW BUSINESS
A.Amendment to City Manager Contract
B.Announcements of Meetings
1. Future Draft Agendas: City Council September 6, 2016, Council/Manager
September 13, 2016 and City Council September 20, 2016
C.Mayor and Council Communications
7.ADJOURNMENT