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1 <br />Jane Kansier <br />From:Sonsalla, Sarah J. <SSonsalla@Kennedy-Graven.com> <br />Sent:Thursday, November 11, 2021 11:23 AM <br />To:Jane Kansier <br />Cc:Molly Just; Sonsalla, Sarah J. <br />Subject:RE: Land Use Review Request - CEF Lake Elmo Community Solar Garden <br />Follow Up Flag:Follow up <br />Flag Status:Flagged <br />Hi Jane, <br /> <br />I reviewed the application materials for the community solar garden CUP. My only comment relates to <br />decommissioning of the project. The applicant is proposing to provide the City with a letter of credit in the amount of <br />$15,000 that the City can use in the event that the modules are no longer in use. This can be used to remove the <br />modules from the site and dispose of them if the owner of the property or the operator of the solar garden does not <br />take care of it. The City should determine whether $15,000 is a sufficient amount to cover its costs in this type of <br />circumstance. <br /> <br />In line with this issue, I would also recommend that there be a condition in the conditional use permit that requires the <br />owner of the property and/or the operator to remove the modules and equipment after a certain amount of time after <br />the project is decommissioned (i.e. 90 days or something like that). In the event that it is not removed by that time, the <br />City should be given permission to enter the property to remove it and recover its costs from the letter of credit. In the <br />event that the letter of credit is insufficient to cover the City’s costs, the City should be able to certify the costs against <br />the property and collect the costs with the property taxes. <br /> <br />There should also be a condition that the letter of credit must be in good standing at all times, so in the event that it is <br />not renewed or cancelled, the City may revoke the conditional use permit. <br /> <br />Let me know if you have any questions. <br /> <br />Thanks! <br /> <br />Sarah <br /> <br />Sarah J. Sonsalla | Attorney | Kennedy & Graven, Chartered | 150 South Fifth Street, Suite 700 | Minneapolis, MN 55402 |direct: <br />612.337.9284 | fax: 612.337.9310 | e-mail: ssonsalla@kennedy-graven.com <br /> <br />From: Jane Kansier <Jane.Kansier@bolton-menk.com> <br />Sent: Friday, October 22, 2021 11:35 AM <br />To: Jack Griffin <Jack.Griffin@focusengineeringinc.com>; chad.isakson@focusengineeringinc.com; Sonsalla, Sarah J. <br /><SSonsalla@Kennedy-Graven.com>; jhanson@barr.com; transportation@co.washington.mn.us; Marty Powers <br /><MPowers@lakeelmo.org>; Dustin Kalis <DKalis@lakeelmo.org>; jtaylor@lakeelmo.org; Harding, Sarah <br /><Sarah.Harding@stantec.com>; Niday, Jenna <jenna.niday@stantec.com> <br />Cc: Molly Just <MJust@lakeelmo.org>; Diane Wendt <DWendt@lakeelmo.org>; Corrin Bemis <Corrin.Bemis@bolton- <br />menk.com> <br />Subject: Land Use Review Request - CEF Lake Elmo Community Solar Garden <br /> <br />Good morning.