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HomeMy WebLinkAboutCity Council Workshop Agenda Packet 5-02-18CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA May 2, 2018 at 6:30 P.M. A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ___ LEEHY____ BROWN THUNDER ___ MIAZGA ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ C. PRESENTATIONS: D. POLICY ITEMS: 1. Falcon Heights Restoration and Unity Days 2. Supporting Solar Twin Cities for Volume Purchasing 3. City Hall Solar Panels E. INFORMATION/ANNOUNCEMENTS F. ADJOURNMENT: BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Falcon Heights Restoration and Unity Day Description Submitted by Council Melanie Leehy Falcon Heights Restoration & Unity Days – Summary of Objective This resolution serves to follow through with work that was initiated last year by former Council Member, Tony Fischer. I, Melanie Leehy, was asked to assist in the creation of the document. Now this year, as an elected official I am desirous to see the completion and approval of this document. I believe that this document will become a component of healing, grant respect to Philando Castile’s family, while at the same time serve to improve the quality community engagement within Falcon Heights by its residents, businesses, and guests. It set about to shift a day of tragedy and provide a redemptive focus of the two days by which all of us can benefit. The first of the two days, Restoration Day is more about taking personal action and steps to build or restore relationships. This could be in the form of meeting a neighbor, mending a strained friendship or relationship, or even actively pursuing conversation with someone that a person would not naturally interact. Think of how on Earth Day individuals set a side time as a family or neighborhood to actively steward the land. Here we as a city will be acknowledging the importance of stewarding healthy relationships. The second day has a focus that demonstrates healing has begun, connectedness is taking place, and thus the city as a whole demonstrates a measure of cooperative growth in inclusion and engagement. This could be a day for simple parties on the block, or even city-wide gatherings. These two days will be promoted through standard city communication tools that could also provide suggested topics for discussion, and activities. Budget Impact N/A Meeting Date May 2, 2018 Agenda Item Policy D1 Attachment Draft Resolution Submitted By Sack Thongvanh, City Administrator 1 of 42 Attachment(s) · Draft Resolution Action(s) Requested N/A 2 of 42 Falcon Heights Restoration & Unity Days – Summary of Objective This resolution serves to follow through with work that was initiated last year by former Council Member, Tony Fischer. I, Melanie Leehy, was asked to assist in the creation of the document. Now this year, as an elected official I am desirous to see the completion and approval of this document. I believe that this document will become a component of healing, grant respect to Philando Castile’s family, while at the same time serve to improve the quality community engagement within Falcon Heights by its residents, businesses, and guests. It set about to shift a day of tragedy and provide a redemptive focus of the two days by which all of us can benefit. The first of the two days, Restoration Day is more about taking personal action and steps to build or restore relationships. This could be in the form of meeting a neighbor, mending a strained friendship or relationship, or even actively pursuing conversation with someone that a person wouldn’t naturally interact. Think of how on Earth Day individuals set a side time as a family or neighborhood to actively steward the land. Here we as a city will be acknowledging the importance of stewarding healthy relationships. The second day has a focus that demonstrates healing has begun, connectedness is taking place, and thus the city as a whole demonstrates a measure of cooperative growth in inclusion and engagement. This could be a day for simple parties on the block, or even city-wide gatherings. These two days will be promoted through standard city communication tools that could also provide suggested topics for discussion, and activities. 3 of 42 BLANK PAGE  4 of 42 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION May XX, 2018 No. 18-XX - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - PROCLAMATION OF FALCON HEIGHTS RESTORATION AND UNITY DAYS WHEREAS, Philando Castile was a valued and loved member of his family and community; and WHEREAS, Philando Castile was a young man with a full life ahead of him; and WHEREAS, Philando Castile was killed I Falcon Heights on July 6, 2016; and WHEREAS, there remains distrust in the community; and WHEREAS, that as members if this society, we each carry the responsibility to positively work to eliminate injustices in today’s world and the legacies of past injustices; and WHEREAS, there will not be peace without the pursuit of justice; and WHEREAS, segregation of our communities across color is the greatest obstacle to becoming a unified community in this nation. WHEREAS, Philando Castile will not be forgotten, that from this day forward. July 6 will be observed as restorative, a day to remember how important it is that each of use cross traditional “borders” between communities, a day to meet someone and get to know someone different than us. A day to listen to someone’s story that is different from our own. A day to take steps of humility and forgiveness in efforts to restore connectedness. A day to build a broader and stronger community in service to those too long suffering and in service to a stronger nation and thus be called Restoration Day. The work of restoration has begun, may it be that from this day forward, July 7th will be observed as an opportunity to express unity, and thus be called Unity Day WHEREAS, let us be the ones to take the opportunity to move forwards becoming one individual nation , with life, liberty and justice for all peoples. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Falcon Heights, Minnesota that this Council proclaim July 6th as Restoration Day and July 7th as Unity Day. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh BROWN THUNDER ____ Against City Administrator MELANIE LEEHY MARK MIAZGA 5 of 42 BLANK PAGE  6 of 42 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Supporting Solar Twin Cities for Volume Purchasing Description The Falcon Heights Environment Commission listen to a presentation by Solar Twin Cities about an opportunity for residents to participate in a volume purchasing process for installing solar on their home or business. The City of Minnetonka, City of Woodbury, City of Oakdale, Southeast Como Improvement Association and Center for Energy and Environment (CEE) have partnered with the Midwest Renewable Energy Association (MREA) an Non-Profit to coordinate a solar group buy in the Greater Minneapolis-St. Paul area. The advantage of a group buy is the power of volume purchasing, which can significantly reduce the up-front costs of installing solar on your home or business. PROCESS: 1. The MREA will issue a competitive Request for Proposals –select a single installer. 2. Participants have until August 31, 2018 to decide whether to “go solar”. 3. Solar Installer selected spring 2018. For additional information, please visit the following website: https://www.growsolar.org/solar-twin-cities/ Budget Impact Minimum impact on the budget and staff time. Attachment(s) · Solar Twin Cities Flyer Action(s) Requested N/A Meeting Date May 2, 2018 Agenda Item Policy D2 Attachment Flyer Submitted By Sack Thongvanh, City Administrator 7 of 42 BLANK PAGE  8 of 42 9 of 42 BLANK PAGE  10 of 42 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item City Hall Solar Panels Description In 2011, the City of Falcon Heights entered into a Sale, Leaseback, and Put and Call Agreement with Energy Alternatives Solar, LLC. Dakota Electric purchased the right from Energy Alternatives Solar and the City has paid the lease agreement of $530/month. From 2011: Energy Alternatives’ proposal includes: Total Project Cost: $321,600.00 Monthly Lease Payment (City pays to Energy Alternatives): $530.00 Total Lease payments by city over 72 month period: $38,160.00 Proposed city buyout after year six: $12,720.00 Total out-of-pocket cost to city: $50,880.00 Greg Miller, President and CEO of Dakota Electric Association submitted a termination agreement prior to the Put Call date of November 1, 2018. The put/call aspect of the sales contract calls for a final payment of $12,720 which equal two years of payment of $530/month. Mr. Miller has offered a reduction to $6,000, a saving of $6,720. In addition, the City would have $530/month the quicker we can execute the agreement. Staff are currently reviewing the Energy Performance Guarantee that states a minimum savings of $4,114 worth of electricity will be produced by the panels. Budget Impact The impact would be $6,000 to the budget, but an elimination of lease payment of $530/month. This is a potential saving of $3,180 if we can execute the termination agreement in May. Meeting Date May 2, 2018 Agenda Item Policy D3 Attachment Agreements Submitted By Sack Thongvanh, City Administrator 11 of 42 Attachment(s) · Sale Agreement · Leaseback Agreement · Power Plus Agreement · Put and Call Agreement · Termination Agreement Action(s) Requested Staff is looking for direction on how proceed. If the Council agrees, I will forward the termination agreement to the City Attorney for review. 12 of 42 13 of 42 14 of 42 15 of 42 16 of 42 17 of 42 BLANK PAGE  18 of 42 19 of 42 20 of 42 21 of 42 22 of 42 23 of 42 24 of 42 25 of 42 BLANK PAGE  26 of 42 27 of 42 28 of 42 29 of 42 30 of 42 31 of 42 32 of 42 33 of 42 34 of 42 35 of 42 36 of 42 37 of 42 38 of 42 2632424.v2 BILL OF SALE, TERMINATION AND RELEASE AGREEMENT THIS BILL OF SALE, TERMINATION AND RELEASE AGREEMENT (this "Agreement") is entered into as of this day of , 2018 (the "Effective Date"), by and between Energy Alternatives Solar, LLC, a Minnesota limited liability company ("EA Solar"), and City of Falcon Heights ("Falcon Heights"). WHEREAS, EA Solar and Falcon Heights entered into that certain Sales Agreement ("Sales"), that certain Facility Lease Agreement ("Lease"), that certain Power Plus Agreement ("Power Plus"), and that certain Put & Call Agreement ("Put & Call"), all dated as of or effective January 1, 2012 (the Sales, Lease, Power Plus and Put & Call, as any of these agreements may have been amended, being collectively referred to as the "Agreements"), relating to certain solar panels and corollary equipment, a listing of which is attached hereto as Exhibit A and incorporated by reference herein (the "Equipment"), installed at Falcon Heights City Hall with an address of 2077 Larpenteur Avenue West, Falcon Heights, Minnesota 55113-5594 (the "Location"); and WHEREAS, EA Solar and Falcon Heights wish to terminate the Agreements and provide for disposition of the Equipment at the Location, and resolve all claims that either EA Solar or Falcon Heights may have against the other party under the Agreements. NOW, THEREFORE, in consideration of Falcon Heights paying EA Solar the sum of Six Thousand and No/100 Dollars ($6,000.00) and in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Transfer of Ownership of Equipment. As of the Effective Date, EA Solar transfers to Falcon Heights all of EA Solar's right, title, and interest in and to the Equipment and in and to any and all remaining federal and state investment tax credits and accelerated income tax depreciation applicable to the Equipment and all state and utility rebates. 2. Termination of Agreements. As of the Effective Date, the Lease, the Power Plus and the Put & Call are terminated and of no further force or effect. 3. Mutual Release of Claims. Except as specifically set forth herein, as of the Effective Date, EA Solar and Falcon Heights release each other from any and all claims, obligations and liabilities which either party had, has, or may have in the future against the other party arising out of or relating to the Agreements. 4. Indemnification of Falcon Heights. EA Solar shall defend, indemnify and hold harmless Falcon Heights against any and all claims, obligations, losses, damages, expenses or liabilities (including fees and expenses of counsel) for third party initiated claims, causes of action, violations, penalties or other costs of any kind arising out of EA Solar actions or inactions relating to its ownership or operation of the Equipment prior to the Effective Date (“EA Action”). Falcon Heights shall promptly notify EA Solar of any such EA Action and tender defense of the EA Action to EA Solar. EA Solar shall be afforded the opportunity, at EA Solar’s own expense, to participate in its own defense against third parties with respect thereto. If EA Solar does not accept the defense of any such breach, Falcon 39 of 42 2632424.v2 2 Heights may defend such EA Action and EA Solar shall reimburse Falcon Heights for reasonable attorney’s fees and costs that Falcon Heights incurs in defending same, on a monthly basis upon Falcon Heights’s submittal of an invoice describing the fees and costs. If EA Solar accepts the tender, Falcon Heights may, but is not obligated to, at Falcon Heights’s cost, retain additional counsel to represent Falcon Heights. 5. Indemnification of EA Solar. Falcon Heights shall defend, indemnify and hold harmless EA Solar against any and all claims, obligations, losses, damages, expenses or liabilities (including fees and expenses of counsel) for third party initiated claims, causes of action, violations, penalties or other costs of any kind arising out of Falcon Heights actions or inactions relating to its ownership or operation of the Equipment on or subsequent to the Effective Date (“Falcon Heights Action”). EA Solar shall promptly notify Falcon Heights of any such Falcon Heights Action and tender defense of the Falcon Heights Action to Falcon Heights. Falcon Heights shall be afforded the opportunity at Falcon Heights’s own expense to participate in its own defense against third parties with respect thereto. If Falcon Heights does not accept the defense of any such breach, EA Solar may defend such Falcon Heights Action and Falcon Heights shall reimburse EA Solar for reasonable attorney’s fees and costs that EA Solar incurs in defending same, on a monthly basis upon EA Solar submittal of an invoice describing the fees and costs. If Falcon Heights accepts the tender, EA Solar may, at EA Solar’s cost, retain additional counsel to represent EA Solar. 6. Authority to Execute Agreement. Each of EA Solar and Falcon Heights hereby represent and warrant to the other party that it is fully authorized to execute and perform this Agreement. 7. Enforceability. If any part, term, or provision of this Agreement is held by any court to be unenforceable or prohibited by law, the rights and obligations of the parties shall be construed and enforced with that part, term, or provision limited so as to make it enforceable to the greatest extent allowed by law, or if it is totally unenforceable, as if this Agreement did not contain that particular part, term, or provision. 8. Governing Law. This Agreement, and the rights and obligations of the parties hereunder, shall be governed by, and construed, interpreted and enforced in all respects in accordance with the laws of the State of Minnesota. 9. Benefit. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. 10. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and any representation, inducement, promise or agreement between the parties with respect to the subject matter of this Agreement that is not embodied herein shall be null and void and of no further force or effect. 11. Amendment. This Agreement may not be modified, amended or otherwise altered except by written agreement executed by the parties. 12. Counterparts. This Agreement and any amendments hereof may be executed in counterparts, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. In proving this Agreement, it shall not be necessary to produce 40 of 42 2632424.v2 3 or account for more than one such counterpart signed by the party against whom enforcement is sought. 13. Enforcement Expenses. EA Solar shall be entitled to recover all expenses associated with enforcement of this Agreement from Falcon Heights, including, but not limited to, attorneys' fees, costs and disbursements, in the event of any breach of this Agreement by Falcon Heights. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first written above. FALCON HEIGHTS: CITY OF FALCON HEIGHTS By: Name: Title: EA SOLAR: ENERGY ALTERNATIVES SOLAR, LLC By: Name: Title: President APPROVED AS TO FORM By: Name: Title: City Attorney Date: 41 of 42 2632424.v2 4 EXHIBIT A EQUIPMENT Equipment Sales Price: (sales tax exempt in Minnesota) $321. 600. Equipment Generator: tenKsolar Model Number: RAIS 130 kw rating : 5.0 kw (8) Reflector Panel Rating: 60 watts Output: 48 volts DC Number of Panels: 222 Number of Reflectors: 222 Total DC output: 39.96 kw Manufacturer’s Warranty: 25 years Equipment Switch gear: Manufacturer: Sunergy ELV208 Panel Rating: 130 watts Voltage Input: 48 volts DC Voltage Output: 208 volts AC Manufacturer’s Warranty· 10 years Equipment Enclosure: Manufacturer· tenKsolar Material: Aluminum Ballasting: Concrete block/cable Wind Rating: 90 mph Tilt Angle: 45 degrees 42 of 42