HomeMy WebLinkAboutCC PACKET 05242016
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the May 24, 2016, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Presentation of Salo Park Concert Series by Marilyn Jenson. (pp.1-2)
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of May 10, 2016, City Council meeting minutes. (pp.3-8)
B. Licenses and Permits. (pp.9-10)
C. Claims. (pp.11-13)
D. Resolution 16-045 a resolution regarding Renewal of Municipal Insurance Coverage and the Non
Waiver of Tort Liability Limits for the League of Minnesota Cities Insurance Trust. (pp.15-17)
E. Resolution 16-046 a resolution confirming the Extension of Limited Clean Up and Property
damage Protection for Sewer Back Ups and Water Main Breaks for Water and Sewer Customers.
(pp.19-21)
F. Resolution 16-047 a resolution Reauthorizing Membership in the 4M Fund. (pp.23-26)
IV. Public Hearing.
A. Temporary Drawdown of Mirror Lake. Todd Hubmer, City Engineer presenting. (pp.27-37)
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 16-048 a resolution Approving Solar Garden Subscription Agreements with United
States Solar Corporation and SolarStone Community LLC. Mark Casey, City Manager
presenting. (pp.39-109)
B. Resolution 16-049 a resolution Authorizing Amended Election Services Agreement with Ramsey
County. Mark Casey, City Manager presenting. (pp.111-117)
C. Ordinance 2016-02 an ordinance Amending Chapter 32 to add Tree Care Ordinance.
Final reading and Adoption. Mark Casey, City Manager presenting. (pp.119-123)
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
MAY 24, 2016
7:00 p.m.
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
D. Ordinance 2016-03 an ordinance Amending Chapter 112 to Change Hours of Sale on Sundays for
Establishments Holding an On-Sale Intoxicating Liquor License. Final reading and Adoption.
Mark Casey, City Manager presenting. (pp.125-128)
VI. Reports from City Manager and Council members.
VII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form at the
podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on an
upcoming agenda.
VIII. Information and Announcements.
IX. Adjournment.
Thanks for the generous support
of the 2016 sponsors
Anytime Fitness (St. Anthony)
Chandler Place
Culvers of St. Anthony
Fitness Crossroad
Foster, Brever, Wherly, Attorneys at Law
Jack and Jill Child Care
The Landings and Legends at Silver Lake Village
The Legacy of St. Anthony
The Northeaster
Park Dental Silver Lake
Silver Lake Village Condo Association
The Village Pub
Anonymous Individual Donors
In case of inclement weather, concerts will be held at the
St. Anthony Community Center, 3301 Silver Lake Road.
All bookings are subject to change.
Salo Park Summer Concert Series
2016
Silver Lake Village - St. Anthony
Free concerts
Thursday evenings
7:00-8:00 pm
June 23 – August 11
The amphitheater is located on 39th Ave NE
between Silver Lake Rd & Stinson Blvd
1
Salo Park Summer Concert Series - Thursdays, 7:00-8:00pm - June 23-August 11, 2016
JUNE 23
Ecuador Manta – This Andean band originates from the small
village of Atahualpa in Ecuador, South America. Ecuador Manta,
based in St. Paul, started in 1992. This group has created their
unique music style over the years by using the traditional rhythms
from Ecuador, Peru, Bolivia, and Colombia and combining them
with more contemporary Latin and Caribbean rhythms.
JUNE 30
St. Anthony Civic Orchestra – The St. Anthony Civic
Orchestra, under the direction of Carol Jensen, plays a variety of
music each season: classical concerts in fall and spring, Christmas
concerts, and summer pops concerts. Members of the orchestra
are adults from all walks of life who share the common interest of
making music.
JULY 7
Jazz on the Prairie Big Band – Jazz on the Prairie Big Band
is an 18 piece jazz orchestra, performing high energy, big band
classics from the 40s ‘Swing Era’, on up to modern arrangements
by the genre’s greatest writers. Their big sound and driving beat
will get toes tapping and bodies swaying!
JULY 14
Shoreview Northern Lights Variety Band – From its
name, one can expect a “variety” of music from this band –
everything from baroque to the blues! Shoreview Northern Lights
Variety Band is under the direction of Dr. Michael Scott. The
band’s philosophy is that playing in an instrumental music
ensemble should be a rewarding, lifelong experience, and not one
that simply ends after graduation from school.
JULY 21
Calhoun Isles Community Band – Although based in
Uptown, this group draws its members from all over the Twin
Cities metro area. Under the direction of Tedd Gullickson, one can
“set sail” for an evening of classical music, marches, show tunes,
jazz, and modern pieces.
JULY 28
7 Cats Swing – The 7 Cats Swing entertains audiences with the
best jazz and swing standards from the 30s to the 80s, playing
familiar charts from George Gershwin, Glen Miller, Duke Ellington,
and Miles Davis to name a few, and includes traditional jazz, swing,
Latin, and blues.
AUGUST 4
Dennis Warner in Concert – Folk/Americana singer and
songwriter. Blends humor, audience participation, and serious
music into a fun and memorable concert for adults and families.
Author of children’s book Beads on One String. His 10th CD Beep
Beep was released in 2015 and is his first album intended for
children.
AUGUST 11
Everett Smithson Band – This band brings you music from up
and down the Mississippi. Zydeco (swamp rock), Tex-mex, blues,
and funky roots of all kinds. Every show is like a riverboat party
trip from Brainerd to the Bayou. New Orleans/French Quarter
music is what you will hear. Music from 1900 to the present time.
2
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
MAY 10, 2016 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
Present: Mayor Faust Councilmembers Brever, Gray, Jenson and Stille 13
Absent: None 14
Also Present: City Manager Mark Casey, Police Officer Brandon Hess, Police Officer Trent Studer, 15
Police Chief John Ohl, Captain Dominic Cotroneo, Stacie Kvilvang, Ehlers & 16
Associates, and City Engineer Todd Hubmer, 17
18
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19
ITEMS. 20
21
I. APPROVAL OF THE MAY 10, 2016, CITY COUNCIL MEETING AGENDA. 22
23
Motion by Councilmember Gray, seconded by Councilmember Brever, to approve the City 24
Council Meeting Agenda of May 10, 2016. 25
26
Motion carried 5-0. 27
28
II. PROCLAMATIONS AND RECOGNITIONS. 29
30
A. Swearing in of St. Anthony Village Police Officer Brandon Hess 31
32
Chief John Ohl introduced and gave a brief background of Brandon Hess. Mayor Faust swore in 33
Brandon Hess as an officer of the St. Anthony Village Police Department. 34
35
B. Swearing in of St. Anthony Village Police Officer Trent Studer 36
37
Chief John Ohl introduced and gave a brief background of Trent Studer. Mayor Faust swore in 38
Trent Studer as an officer of the St. Anthony Village Police Department. 39
40
Mayor Faust thanked the families of Brandon Hess and Trent Studer for their support. 41
42
C. Retiring Police Chief John Ohl and Captain Dominic Cotroneo Presentation 43
44
City Manager Mark Casey reviewed Chief John Ohl and Captain Dominic Cotroneo will be 45
retiring from St. Anthony Police Department. 46
47
Captain Dominic Cotroneo said goodbye to the City and thanked the Council and residents for 48
their support throughout the years. Councilmember Jensen stated his children remarked on what 49
a nice person Captain Cotroneo was with the DARE program. Councilmember Stille thanked 50
3
Captain Cotroneo for his contributions and leadership to the City. Councilmember Gray stated 1
his children also participated in the DARE program and they have great memories. He thanked 2
Captain for his service. Councilmember Brever stated her children admire and respected Captain 3
Cotroneo. Mayor Faust stated Chief Ohl and Captain Cotroneo were a great team. Captain 4
Cotroneo’s influence on the children and residents of the City is telling of the class act he is. 5
Mayor Faust thanked him for his service to the City. 6
7
City Manager Mark Casey announced Thursday, June 2 from 4-6pm there will be an open house 8
for these retirements at City Hall. 9
10
Chief John Ohl stated his 33 years in law enforcement were wonderful. He thanked numerous 11
people for their support including the City Council, the City Manager, the Police Officers, the 12
Office Manager, Dominic Cotroneo, and his family. 13
14
Mr. Dave Unmacht, Executive Director, League of Minnesota Cities provided words of best 15
wishes to Captain Cotroneo and Chief Ohl. 16
17
City Manager Casey thanked Chief Ohl for his service, his professionalism and his friendship. 18
Councilmember Brever thanked Chief Ohl for his service and his concern for individuals. 19
Councilmember Gray congratulated Chief Ohl on his retirement. Councilmember Stille stated 20
Chief Ohl has been a great Chief and a great ambassador for the community. Councilmember 21
Jenson stated it has been a privilege to know Chief Ohl and see his excellent work. Mayor Faust 22
stated it is difficult to use words to describe what Chief Ohl has done for the City. Chief Ohl’s 23
leadership is outstanding and he has never asked anyone to do something that he has not done 24
himself. Mayor Faust stated Chief Ohl deserves the time to relax and reflect and he is grateful to 25
have had Chief Ohl in the City. 26
27
Mr. Dave Unmacht, League of Minnesota Cities, provided an update on the LMC activities. 28
29
III. CONSENT AGENDA. 30
31
A. Approval of April 26, 2016, City Council meeting minutes 32
B. Licenses and Permits 33
C. Claims 34
D. Resolution 16-040 a resolution Approving Gambling License by the Minnesota Youth 35
Athletic Services Organization at The Unofficial Located at 3701 Stinson Boulevard 36
37
Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve the Consent 38
Agenda items as presented. 39
40
Motion carried 5-0 41
42
IV. PUBLIC HEARING - NONE. 43
44
V. REPORTS FROM COMMISSION AND STAFF - NONE 45
46
VI. GENERAL BUSINESS OF COUNCIL 47
48
4
A. Resolution 16-041 a resolution relating to $1,455,000 General Obligation Improvement 1
Bonds, Series 2016A, Awarding the Sale, Fixing the Form and Details and Providing for 2
the Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem 3
Taxes for the Payment Thereof. 4
5
Ms. Stacie Kvilvang reviewed both Resolutions 16-041 and 16-042 together. The presale for 6
these Bonds were discussed at a previous Council Meeting. Ms. Kvilvang reviewed the details of 7
both bonds, noting the rates received were very good. 8
9
Motion by Councilmember Jenson, seconded by Councilmember Brever, to approve Resolution 10
16-041 a resolution relating to $1,455,000 General Obligation Improvement Bonds, Series 11
2016A, Awarding the Sale, Fixing the Form and Details and Providing for the Execution and 12
Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes for the Payment 13
Thereof to Baird of Milwaukee, WI. 14
15
Motion carried 5-0 16
17
B. Resolution 16-042 a resolution relating to $1,445,000 General Obligation Tax Abatement 18
Bonds, Series 2016B, Awarding the Sale, Fixing the Form and Details and Providing for 19
the Execution Thereof and Security Therefor. 20
21
Motion by Councilmember Stille, seconded by Councilmember Brever, to approve Resolution 22
16-042 a resolution relating to $1,445,000 General Obligation Improvement Bonds, Series 23
2016B, Awarding the Sale, Fixing the Form and Details and Providing for the Execution and 24
Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes for the Payment 25
Thereof to Baird of Milwaukee, WI. 26
27
Motion carried 5-0 28
29
30
C. Resolution 16-043 a resolution Accepting Plans and Specifications and Ordering 31
Advertisement for Bids for the highway Safety Improvement Project (HSIP) 32
33
City Engineer Todd Hubmer reviewed the resolution for Council consideration approving the 34
plans and specifications and authorizing the advertisement for bids for the Highway Safety 35
Improvement Project. Bids are anticipated to be opened on or near June 3, 2016 and bringing the 36
bid results to Council in June. Mr. Hubmer indicated the project location on a map. The project 37
will include sidewalk improvements on Stinson Boulevard NE and 37th Avenue NE. 38
39
The project will also include traffic signal improvements on Stinson and 37th Avenue, Stinson 40
and 39th Avenue, 37th Avenue and Highcrest Road, Silver Lake Road and 37th Avenue, Silver 41
Lake Road and 39th Avenue, and Silver Lake Road, Silver Lane, St. Anthony Blvd and Brighton 42
Blvd, and St. Anthony Blvd and Kenzie Terrace/Silver Lake Road. The traffic signal 43
improvements will include countdown timers at pedestrian crossings, APS for the visually 44
impaired, additional signal heads, relocating push buttons for easier access, readjusting and/or 45
installing pedestrian ramps and upgrading pavement markings. 46
47
5
Mr. Hubmer confirmed the project partners are MnDOT, Federal Highway Department, 1
Hennepin County, Ramsey County, City of Columbia Heights, City of Roseville and the School 2
District. The project costs/funding breakdown is Total Project Cost: $1,598,000; HSIP grant 3
award of $690,000; Local required match of $77,000; Hennepin County and Ramsey County 4
cost participation; and additional costs above grant amount and locally required match are the 5
responsibility of the city and any agreements with partners. 6
7
Mr. Hubmer reviewed the remaining schedule for the project. Mayor Faust asked if there are 8
countdown timers on all intersections and Mr. Hubmer stated every signal that is being worked 9
on will have countdown timers. 10
11
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 12
16-043 a resolution accepting Plans and Specifications and Ordering Advertisement for Bids for 13
the City of St. Anthony Village, Highway Safety Improvement Project. 14
15
Motion carried 5-0 16
17
D. Ordinance 2016-02 an ordinance Amending Chapter 32 to add Tree Care Ordinance 2nd 18
of 3rd readings. 19
20
City Manager Casey reviewed that this ordinance would establish the Parks Commission as the 21
Tree Board. The Tree Board would be responsible for recommendations to the City Council 22
regarding the comprehensive tree plan for areas within the public right-of-way and City parks. In 23
addition, if requested by the City Council, the Parks Commission (Tree Board) can consider, 24
investigate, and recommend tree care matters as needed. Once adopted the City would be eligible 25
for Tree City USA designation. 26
27
Motion by Councilmember Brever, seconded by Councilmember Gray, to approve Second 28
Reading of Ordinance No. 2016 – 02 an Ordinance Adding Section §32.39 TREE CARE. 29
30
Motion carried 5-0 31
32
E. Ordinance 2016-03 an ordinance Amending Chapter 112 to Change Hours of Sale on 33
Sundays for Establishments Holding an On-Sale Intoxicating Liquor License 34
35
City Manager Casey reviewed that this ordinance would amend Chapter 112 to change hours of 36
sale on Sundays for establishments holding an on-sale intoxicating liquor license. Currently the 37
City of St. Anthony allows for intoxicating liquor or wine to be sold in conjunction with food on 38
Sundays beginning at 10:00 a.m. The ordinance amendment would change the beginning time on 39
Sundays from 10:00 a.m. to 8:00 a.m. Minnesota State Statute 340A.504(3) allows for holders of 40
on-sale intoxicating liquor licenses to sell liquor in conjunction with food beginning at 8:00 a.m. 41
on Sundays. 42
43
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Second 44
Reading of Ordinance No. 2016–03 an Ordinance Amending Chapter 112 to change hours of 45
sale on Sundays for establishments holding an on-sale intoxicating liquor license. 46
47
Motion carried 5-0 48
6
1
F. Resolution 16-044 a resolution Authorizing the Agreement with Hennepin County for the 2
Use of E-Poll Pads 3
4
City Manager Casey reviewed the resolution to authorize the agreement with Hennepin County 5
for the use of E-Poll Pads. Hennepin County has purchased electronic poll books from 6
KNOWiNK to be used in Hennepin County cities. There is no cost to the City of St. Anthony 7
for the E-Poll Pads. The E-Poll Pads will be used starting with the Primary Election on August 8
9, 2016 and will speed up lines at the polls; help election judges through each step of the process, 9
including election day registration; allow instantaneous absentee ballot updates to be received 10
wirelessly; provide cities data on polling place activity and Election Judge performance; and 11
enable cities to hire fewer election judges eventually by making polling places more efficient. 12
13
Councilmember Jenson asked if the E-Poll Pads would be used in the Ramsey County portion of 14
polling and Mr. Casey stated the Hennepin County sites would have the E-Poll Pads and they are 15
still working with Ramsey County for the Ramsey County sites. 16
17
Mayor Faust stated the E-Poll will replace the sign in sheets and decrease the number of election 18
judges needed over time. 19
20
Motion by Councilmember Jenson, seconded by Councilmember Brever, to approve Resolution 21
16-044 a resolution Authorizing the Agreement with Hennepin County for the Use of E-Poll 22
Pads. 23
24
Motion carried 5-0 25
26
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 27
28
City Manager Casey reported there will be a construction education event held on Stinson 29
Avenue in the Unofficial Parking lot on Thursday, May 19 at 3:00 p.m. Free and open to all. The 30
event will be an opportunity for people to see how construction works. 31
32
All residents should have received a postcard advising about the watering ban and the splash 33
pads being closed. More information can be found on the City’s website. Green door hangers 34
will be placed on doors of non-compliant residents. 35
36
197 vehicles went through for the Spring Clean-up held last Saturday. This is slightly down from 37
last year. 38
39
Councilmember Gray reported last Monday, May 2, he attended the Council Work Session and 40
on Wednesday, May 4, he attended the Sports Boosters meeting. On May 7, he attended the City 41
Clean-Up Day. 42
43
Councilmember Brever reported she attended the Council Work Session and also the City Clean-44
Up Day. 45
46
Councilmember Jenson stated he attended the Council Work Session and the City Clean-Up Day. 47
He attended the Wilshire Park Open House for grandparents. The school was packed. 48
7
1
Councilmember Stille stated he attended the same meetings as the others. 2
3
Mayor Faust thanked the Council for attending the City Clean-Up Day. This provides a great 4
opportunity for people to get rid of things. On May 9, he attended the Regional Council of 5
Mayors along with City Manager Casey. There was a presentation on solar gardens which the 6
City is looking into. Mayor Faust attended the Mississippi Watershed Management Organization 7
meeting. 8
9
VIII. COMMUNITY FORUM. 10
11
Ms. Traci Thomas, President of Continental Property Group, and developer purchasing Lowry 12
Grove Manufactured Housing Community, stated she is working hard to provide information to 13
the residents during the transition. She looks forward to coming back to the City Council to 14
discuss a viable development plan for that site. 15
16
IX. INFORMATION AND ANNOUNCEMENTS. 17
18
X. ADJOURNMENT. 19
20
Mayor Faust adjourned the meeting at 8:15 p.m. 21
22
Respectfully submitted, 23
Debbie Wolfe 24
TimeSaver Off Site Secretarial, Inc. 25
26
27
_ _ 28
ATTEST: ________________________________ Mayor 29
City Clerk 30
31
8
Saint Anthony Village
DATE: May 24, 2016 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Mechanical Licenses:
Air Rite Heating & A/C, Apple Valley, MN
Arneson Heating & Cooling, St Paul, MN
Garbage Hauler Licenses:
Applicant: Advanced Disposal Services
Rental Licenses:
Applicant: Michael Newell
Location: 2600 31st Ave NE
Applicant: Nancy White
Location: 3117 32nd Ave NE
Applicant: Chris Dick
Location: 2418 33rd Ave NE
Applicant: Will Bachmeier
Location: 3100 – 3102 39th Ave NE
Applicant: Ricardo Shih
Location: 3200 – 3202 39th Ave NE
Applicant: Paul Johnson
Location: 3300 – 3302 39th Ave NE
Applicant: Robert Schmidt
Location: 3640 Edward St NE
Applicant: Charles Bourke
Location: 2601 Kenzie Ter NE #402
Applicant: TTN LLC
Location: 2912 Old Hwy 8
Applicant: John Tuohy
Location: 2601 Pahl Ave NE
Applicant: Donald Doeksen
Location: 3226 – 3228 Roosevelt St NE
9
Applicant: Geo Rockwood
Location: 3404 Silver Lake Rd NE
Applicant: ASI Hennepin County
Location: 3512 Silver Lake Rd NE
Parks Special Event Permit:
Date: August 6, 2016
Applicant: Garrick Van Buren
Location: Silver Point
10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 5/5/2016 - 5/25/2016 May 18, 2016 09:38AM
Vendor Number Payee Check Number Check Issue Date Amount
12180 ARVIG CONSTRUCTION 4 05/25/2016 250.00
10323 COMCAST 5 05/25/2016 2.27
11740 XCEL ENERGY 6 05/25/2016 20,609.18
12296 CANADIAN PACIFIC RAILROAD 29316 05/05/2016 20,000.00
12007 RICK, LUNDEEN 29317 05/10/2016 344.77
10039 AIRGAS USA LLC 29318 05/25/2016 252.37
10073 AMERICAN PUBLIC WORKS ASSN 29319 05/25/2016 230.00
12321 ANDERSON, NEIL & MEGAN 29320 05/25/2016 341.82
1100 ARTISIAN BEER COMPANY 29321 05/25/2016 7,187.15
10116 ASPEN WASTE SYSTEMS INC 29322 05/25/2016 130.87
10139 B & F FASTENER SUPPLY 29323 05/25/2016 51.23
1101 BAUHAUS BREW LABS LLC 29324 05/25/2016 1,407.50
10159 BEISSWENGER'S 29325 05/25/2016 29.76
1013 BELLBOY CORPORATION 29326 05/25/2016 3,358.04
1014 BELLBOY CORPORATION 29327 05/25/2016 123.20
10162 BEN SAEFKE PHOTOGRAPHY 29328 05/25/2016 150.00
1035 BERNICK'S BEVERAGE & VENDING 29329 05/25/2016 2,488.05
10172 BIFFS, INC.29330 05/25/2016 225.42
10185 BOUND TREE MEDICAL LLC 29331 05/25/2016 122.03
8544 BOURGET IMPORTS 29332 05/25/2016 65.50
10188 BRAKE & EQUIPMENT WAREHOUSE 29333 05/25/2016 430.92
1018 BREAKTHRU BEVERAGE MN BEER 29334 05/25/2016 23,952.80
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 29335 05/25/2016 8,883.79
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 29336 05/25/2016 2,453.88
10215 BUREAU CRIMINAL APPREHENSION 29337 05/25/2016 525.00
12296 CANADIAN PACIFIC RAILROAD 29338 05/25/2016 5,000.00
1017 CAPITOL BEVERAGE SALES 29339 05/25/2016 10,348.97
12322 CASEY, LORLI 29340 05/25/2016 445.01
10252 CENTERPOINT ENERGY 29341 05/25/2016 2,982.41
10263 CENTURYLINK 29342 05/25/2016 694.78
11986 CITIESDIGITAL 29343 05/25/2016 4,155.64
10306 CITY WIDE WINDOW SERVICE INC 29344 05/25/2016 85.66
1010 CLEAR RIVER BEVERAGE COMPANYMPANY 29345 05/25/2016 1,539.80
12320 COMO LUBE AND SUPPLIES 29346 05/25/2016 25.00
1042 CRYSTAL SPRINGS ICE 29347 05/25/2016 623.98
10438 D ROCK CENTER & SMALL ENG 29348 05/25/2016 207.45
10373 DAILEY DATA & ASSOCIATES 29349 05/25/2016 488.73
10431 DOOR SERVICE COMPANY 29350 05/25/2016 125.00
10432 DORSEY & WHITNEY 29351 05/25/2016 716.50
10437 DRIVER & VEHICLE SERVICES 29352 05/25/2016 22.75
10475 EMERGENCY MEDICAL PRODUCTS 29353 05/25/2016 201.63
10517 FIRE SAFETY USA, INC.29354 05/25/2016 7,326.00
10522 FIRST-SHRED 29355 05/25/2016 33.00
10526 FLEETPRIDE 29356 05/25/2016 5.74
10539 FRATTALLONE'S HARDWARE 29357 05/25/2016 12.56
12323 FRIEND, DAVID 29358 05/25/2016 107.64
10550 G & K SERVICES INC 29359 05/25/2016 888.01
1110 GENERAL INDUSTRIAL SUPPLY CO 29360 05/25/2016 64.80
10578 GOPHER STATE ONE CALL 29361 05/25/2016 302.55
10585 GRAINGER 29362 05/25/2016 90.48
1032 GRAPE BEGINNINGS, INC.29363 05/25/2016 1,066.50
10601 GROVE NURSERY 29364 05/25/2016 1,750.00
10617 HARBOR FREIGHT TOOLS 29365 05/25/2016 98.18
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City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 5/5/2016 - 5/25/2016 May 18, 2016 09:38AM
Vendor Number Payee Check Number Check Issue Date Amount
10624 HAWKINS, INC 29366 05/25/2016 5,378.62
10642 HENN CNTY INFO TECH DEPT 29367 05/25/2016 2,901.23
10661 HENNEPIN COUNTY TREASURER 29368 05/25/2016 300.00
1019 HOHENSTEIN'S, INC 29369 05/25/2016 5,135.04
10684 HOME DEPOT CREDIT SERVICES 29370 05/25/2016 596.72
10693 HOTSY EQUIPMENT OF MINNESOTA 29371 05/25/2016 298.51
1027 INDEED BREWING COMPANY 29372 05/25/2016 5,404.60
10733 INSTRUMENTAL RESEARCH, INC.29373 05/25/2016 85.50
10761 J. SPANJERS CO., INC.29374 05/25/2016 2,221.00
1016 JJ TAYLOR DISTRIBUTING 29375 05/25/2016 21,773.65
1004 JOHNSON BROTHERS LIQUOR CO.29376 05/25/2016 10,873.24
1005 JOHNSON BROTHERS LIQUOR COMPANY.29377 05/25/2016 18,994.45
1006 JOHNSON BROTHERS LIQUOR COMPANY.29378 05/25/2016 10,346.86
1044 JOHNSON BROTHERS LIQUOR COMPANY.29379 05/25/2016 9,508.86
10786 KEEPERS, INC.29380 05/25/2016 53.81
10797 KONICA MINOLTA BUSINESS 29381 05/25/2016 57.90
10806 L.T.G. POWER EQUIPMENT 29382 05/25/2016 127.67
10813 LANDSCAPEFORMS, INC.29383 05/25/2016 1,825.00
12151 LAWSON PRODUCTS 29384 05/25/2016 165.59
10851 LILLIE SUBURBAN NEWSPAPER 29385 05/25/2016 18.75
11985 MANSFIELD OIL COMPANY 29386 05/25/2016 10,760.47
11928 MBE INC 29387 05/25/2016 332.50
10904 MCFOA TREASURER 29388 05/25/2016 35.00
12329 MCREAVY, BRETT 29389 05/25/2016 119.98
10948 MIDWEST SPECIALTY SALES 29390 05/25/2016 1,027.28
12152 MILLER, NICOLE 29391 05/25/2016 136.08
10963 MINNEAPOLIS SAW COMPANY INC 29392 05/25/2016 20.24
11024 MINNESOTA CITY COUNTY MGMT ASSOC.29393 05/25/2016 168.00
10994 MINNESOTA OCCUPATIONAL HEALTH 29394 05/25/2016 196.00
12324 MINNESOTA WANNER COMPANY 29395 05/25/2016 78.00
11019 MISTER CAR WASH 29396 05/25/2016 64.11
11074 MTI DISTRIBUTING, INC 29397 05/25/2016 140.37
11089 NAPA AUTO PARTS 29398 05/25/2016 17.97
1051 NEW FRANCE WINE COMPANY 29399 05/25/2016 844.00
12326 OLSON, DAVID 29400 05/25/2016 50.00
12112 OREILLY AUTO PARTS 29401 05/25/2016 54.88
11185 PACE ANALYTICAL SERVICES, INC.29402 05/25/2016 63.50
11186 PAETEC 29403 05/25/2016 97.69
1012 PAUSTIS & SONS 29404 05/25/2016 2,254.20
1001 PHILLIPS WINE & SPIRITS 29405 05/25/2016 6,920.31
1002 PHILLIPS WINE & SPIRITS 29406 05/25/2016 4,520.46
11234 POND & LIGHTING DESIGNS, INC.29407 05/25/2016 354.26
12008 PREMIER LIGHTING 29408 05/25/2016 1,234.02
11248 PREMIER WASTE SERVICES LLC 29409 05/25/2016 1,695.09
12311 PUCKETTS RECYCLING 29410 05/25/2016 40.00
11345 ROSEVILLE CHRYSLER DODGE 29411 05/25/2016 50.02
11366 SAM'S CLUB 29412 05/25/2016 50.25
12327 SHRED RIGHT 29413 05/25/2016 360.00
2003 SIDESHOW BLOODY MARY MIX 29414 05/25/2016 72.00
1036 SOUTHERN - WCW 29415 05/25/2016 226.56
1026 SOUTHERN LIQUOR 29416 05/25/2016 13,933.43
1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 29417 05/25/2016 10,209.08
1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 29418 05/25/2016 2,837.12
12
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 5/5/2016 - 5/25/2016 May 18, 2016 09:38AM
Vendor Number Payee Check Number Check Issue Date Amount
11464 ST. ANTHONY VILLAGE KIWANIS 29419 05/25/2016 35.00
2001 STEEL TOE BREWING 29420 05/25/2016 247.75
11502 STREICHER'S 29421 05/25/2016 1,396.52
11538 TASER INTERNATIONAL 29422 05/25/2016 1,238.60
12325 TASHI, LOBSANG 29423 05/25/2016 11.15
12328 TECH DUMP 29424 05/25/2016 1,378.40
11545 TEE JAY NORTH, INC 29425 05/25/2016 221.13
11566 TIMESAVER OFF SITE SECRETARIAL 29426 05/25/2016 169.50
1098 TRADITION WINE & SPIRITS 29427 05/25/2016 102.00
11819 TRUE NORTH ELECTRIC 29428 05/25/2016 1,099.75
11612 TWIN CITY JANITOR SUPPLY 29429 05/25/2016 152.85
11626 U.S. BANK (PURCHASING CARD)29430 05/25/2016 7,866.61
11633 UNIFORMS UNLIMITED 29431 05/25/2016 474.87
11674 VERIZON WIRELESS 29432 05/25/2016 405.43
1025 VINOCOPIA 29433 05/25/2016 1,679.34
11699 WAL-MART BUSINESS CENTER 29434 05/25/2016 34.72
11715 WELLS FARGO BANK MACN9303-121 29435 05/25/2016 800.00
11933 WIMACTEL INC 29436 05/25/2016 45.00
1034 WINE COMPANY/THE 29437 05/25/2016 1,406.70
1038 WINE MERCHANTS INC 29438 05/25/2016 1,350.70
11729 WIRELESS WORLD 29439 05/25/2016 26.24
11731 WITMER PUBLIC SAFETY GRP, INC.29440 05/25/2016 348.74
11738 WSB & ASSOCIATES, INC.29441 05/25/2016 71,489.05
Grand Totals: 380,034.24
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14
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-045
A RESOLUTION REGARDING RENEWAL OF MUNICIPAL INSURANCE COVERAGE
AND THE NON WAIVER OF TORT LIABILITY LIMITS FOR THE LEAGUE OF
MINNESOTA CITIES INSURANCE PROGRAM.
WHEREAS, the City Council of the City of St. Anthony hereby approves participation in the
League of Minnesota Cities Insurance Trust (LMCIT) insurance program for the
year 2016 through 2017; and
WHEREAS, the City has elected to purchase excess coverage in the amount of $1,000,000.00.
WHEREAS, the City DOES NOT WAIVE the monetary limits on municipal tort liability
established by Minnesota Statutes, Section 466.04.
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the renewal
of insurance coverage through the League of Minnesota Cities for the policy period of June 1, 2016
to May 31, 2017.
THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony
hereby approves waiving of the monetary limits on tort liability established by MN statute 466.04,
Subd. 7, to the extent of the limits of the liability coverage obtained from the LMCIT for the policy
period of June 1, 2016 to May 31, 2017.
Adopted this 24th day of May, 2016.
_________________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
15
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16
LIABILITY COVERAGE – WAIVER FORM
LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of
the coverage. Please return the completed form to your underwriter or email to pstech@lmc.org
This decision must be made by the member’s governing body every year. You may also wish to discuss these issues with
your attorney.
League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide
whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following
effects:
If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than
$500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a
single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits
apply regardless of whether the city purchases the optional excess liability coverage.
If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could
potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to
the extent of the member’s liability coverage limits, and the LMCIT per occ urrence limit is $2 million.) The total all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited
to $2,000,000, regardless of the number of claimants.
If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to
recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage
purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name
Check one:
The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes ,
Section 466.04.
The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section
466.04 to the extent of the limits of the liability coverage obtained from LMCIT.
Date of city council/governing body meeting
Signature Position
17
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18
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-046
RESOLUTION ESTABLISHING LIMITED CLEAN UP AND
PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND
WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS
WHEREAS, The City of St. Anthony provides water and sanitary sewer services to property
within its jurisdiction; and
WHEREAS, water main breaks may cause water to enter into property causing damage; and
WHEREAS, blockages or other conditions in the Governmental Unit’s sanitary sewer lines may
cause the back-up of sewage into properties that are connected to those Governmental Unit’s
sanitary lines; and
WHEREAS, water main breaks and sewer back-ups pose a public health and safety concern; and
WHEREAS, it may be difficult to determine the exact cause and responsibility for a water main
break or sanitary sewer back-ups and
WHEREAS, the Governmental Unit desires to encourage the expeditious clean-up of properties
that have encountered damage from water main breaks and sewer back-ups; and
WHERAS, the Governmental Unit desires to minimize the potential of expensive lawsuits arising
out of water main breaks and sanitary sewer back-up claims; and
WHEREAS, the Governmental Unit is a member of the League of Minnesota Cities Insurance
Trust (LMCIT); and
WHEREAS, LMCIT has offered the Governmental Unit limited “no fault” sewer coverage and
water main break coverage (No-Fault Coverage) that will reimburse users of the water and sewer
system for certain clean-up costs and property damage regardless of whether the Governmental
Unit is at fault.
NOW THEREFORE, BE IT RESOLVED, as follows:
The Governmental Unit, will reimburse water and sanitary sewer customers for up to $25,000 of
clean-up costs and property damages caused by a water main break or sanitary sewer back-up,
regardless of whether the Governmental Unit is negligent or otherwise legally liable for damages,
subject to the following conditions:
I. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups:
A. The back-up must have resulted from a condition in the Governmental Unit’s sanitary
sewer system or lines, and not from a condition in a private line.
19
B. The back-up must not have been caused by any catastrophic weather or other event which
has been declared by the President of the United States to be a major disaster pursuant to
42 U.S.C. §§ 5121-5206, commonly known as the Stafford Act.
C. The back-up must not have been caused by an interruption in electric power to the
Governmental Unit’s sewer system or to any Governmental Unit lift station, which
continues for more than 72 hours.
D. The back-up must not have been caused by an amount of precipitation equivalent to rainfall
amounts which exceed:
• 2.0 inches in a 1-hour period; or
• 2.5 inches in a 3-hour period; or
• 3.0 inches in a 6-hour period; or
• 3.5 inches in a 12-hour period; or
• 4.0 inches in a 24-hour period; or
• 4.5 inches in a 72-hour period; or
• 5.5 inches in a 168-hour period.
E. Neither the Governmental Unit nor LMCIT will reimburse any costs which have been or
are eligible to be covered under a property owner’s own homeowners’ or other property
insurance, or which would be eligible to be reimbursed under a National Flood Insurance
Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage.
F. The maximum amount that the Governmental Unit or LMCIT will reimburse is $25,000
per building, per year. A structure or group of structures served by a single connection to
the Governmental Unit’s sewer system is considered a single building.
II. Water Main Breaks. For water main breaks:
A. Neither the Governmental Unit nor LMCIT will reimburse any costs which have been or
are eligible to be covered under a property owner’s own homeowners’ or other property
insurance
B. The maximum amount that the Governmental Unit or LMCIT will reimburse is $25,000 to
any claimant, regardless of the number of occurrences or the number of properties affected.
C. Neither the Governmental Unit nor LMCIT will pay more than $250,000 for water main
break damages resulting from any single occurrence. All water main break damage which
occurs during any period of 72 consecutive hours is deemed to result from a single
occurrence. If the total water main break damage for all claimants in a single occurrence
exceeds $250,000, the reimbursement to each claimant will be calculated as follows:
1. A preliminary reimbursement figure is established for each claimant, equal to the
lesser of the claimant’s actual damages or $25,000.
2. The sum of the preliminary reimbursement figures for all claimants will be
calculated.
3. Each claimant will be paid a percentage of his or her preliminary reimbursement
figure, equal to the percentage calculated by dividing $250,000 by the sum of all
claimants’ preliminary reimbursement figures.
III. The Governmental Unit’s determination to make these payments is contingent on and
expressly limited to the extent that No-Fault Coverage is in force and available to reimburse the
Governmental Unit for the costs set forth herein.
IV. The Governmental Unit retains the right, in its sole discretion, to revoke, rescind, or modify
this resolution at any time.
V. The Governmental Unit hereby rescinds any prior resolution providing no-fault sewer backup
coverage and water main break coverage.
20
Adopted this 24th day of May, 2016.
________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: ________________________________
Mark Casey, City Manager
21
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22
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 24, 2016
Resolution- Reauthorizing Membership in the 4M Fund
OVERVIEW:
In front of you this evening is a resolution which will expand the City’s access to 4M services to
include the short-term management and investing of bond proceeds.
The City currently manages this process by receipting bond proceeds into the City’s 4M General Fund
and investing proceeds with the approved investment brokers. Staff is seeking the option to invest bond
proceeds into a specialized 4M Fund account that would have a higher degree of segregation, which
would be beneficial for reporting purposes.
An example of this use would be the 2015B Bond proceeds, due to the Federal grant associated with
the project.
23
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24
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-047
RESOLUTION REAUTHORIZING MEMBERSHIP IN THE 4M FUND
WHEREAS, Minnesota Statutes (the Joint Powers Act) provides that governmental units
may jointly exercise any power common to the contracting parties; and
WHEREAS, the Minnesota Municipal Money Market Fund (the 4M Fund) was formed in
1987, pursuant to the Joint Powers Act and in accordance with Minnesota Investment
Statutes, by the adoption of a joint powers agreement in the form of a Declaration of
Trust; and
WHEREAS, the Declaration of Trust, which has been presented to this Council,
authorizes municipalities of the State of Minnesota to become Participants of the Fund
and make use from time to time including the 4M Liquid Asset Fund, the 4M Plus Fund,
the Term Series, the Fixed Rate Programs, and other Fund services offered by the Fund;
and
WHEREAS, this Council deems it to be in the best interest for the municipality to make
use of, from time to time, the approved services provided by the 4M Fund’s service
providers including the Investment Advisor (Prudent Man Advisors, Inc.) or Sub-Advisor
(RBC Global Asset Management (U.S.) Inc.), the Administrator (PMA Financial
Network, Inc.), the Distributor (PMA Securities, Inc.) or the Fixed Rate Program
Providers, PMA Financial Network, Inc. and PMA Securities, Inc., and the Custodian,
U.S. Bank National Association, (“Service Providers”) and/or their successors.
WHEREAS, this Council deems it advisable for this municipality to enter into the
Declaration of Trust and become a Participant of the Fund for the purpose of joint
investment with other municipalities so as to enhance the investment earnings accruing to
each; now, therefore BE IT RESOLVED AS FOLLOWS:
Section 1. This municipality shall renew its membership as a Participant of the Fund and
adopt and enter into the Declaration of Trust, a copy of which shall be filed in the
minutes of this meeting. The appropriate officials are hereby authorized to execute those
documents necessary to effectuate entry into the Declaration of Trust and the
participation of all Fund programs.
Section 2. This municipality is authorized to invest monies from time to time and to
withdraw such monies from time to time in accordance with the provisions of the
Declaration of Trust. The following officers of the municipality or their successors are
designated as “Authorized Officials” with authority to effectuate investments and
withdrawals in accordance with the Declaration of Trust:
25
________________________________________________________________________
Jerome O. Faust, Mayor
_______________________________________________________________________
Mark Casey, City Manager
________________________________________________________________________
Shelly Rueckert, Finance Director
(Additional names may be added on a separate list. The treasurer shall advise the Fund of
any changes in Authorized Officials in accordance with Fund procedures.)
Section 3. The Trustees of the Fund are designated as having official custody of those
monies invested in accordance with the Declaration of Trust.
Section 4. That the municipality may open depository and other accounts, enter into wire
transfer agreements, safekeeping agreements, third party surety agreements securing
deposits, collateral agreements, letters of credit, lockbox agreements, or other applicable
or related documents with institutions participating in Fund programs including U.S.
Bank National Association, or its successor, or programs of PMA Financial Network, Inc.
or PMA Securities, Inc. for the purpose of transaction clearing and safekeeping, or the
purchase of certificates of deposit (“CDs”) or other deposit products and that these
institutions shall be deemed eligible depositories for the municipality. PMA Financial
Network, Inc. and PMA Securities, Inc. and their successors are authorized to act on
behalf of this municipality as its agent with respect to such accounts and agreements.
Monies of this entity may be deposited in such depositories, from time to time in the
discretion of the Authorized Officials, pursuant to the Fund’s Programs available through
its Services Providers.
It is hereby certified that the Council of the City of St. Anthony adopted this Resolution
at a duly convened meeting of the Council held on the 24th day of May, 2016, and that
such Resolution is in full force and effect on this date, and that such Resolution has not
been modified, amended, or rescinded since its adoption.
_________________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration:
_________________________________________
Mark Casey, City Manager
26
Mirror Lake Project Neighborhood Meeting
May 17, 2016
Todd Hubmer – City Engineer
Presentation Outline
•Lake History & Background Studies
•Existing Conditions
•Concept Plan Review & Project Benefits
•Tree Removal & Replacement
•Upcoming Timeline & Process
•Rice Creek Watershed District (RCWD) & City
Partnership (Cooperative Agreement)
–Project Funding
•Questions/Discussion
Mirror Lake – January 1978
27
Lake History & Background Studies
•Mirror Lake was constructed by St. Anthony (1962)
1938
1960
1953
2010
Mirror Lake Mirror Lake
Mirror Lake Mirror Lake
28
Lake History & Background Studies
•RCWD founded (1972)
•SW Urban Lakes
Study (2009)
–Mirror Lake project
identified in Pike Lake
Management Action
Plan, among many
others (#2 overall)
–Focused on high
priority regional projects
for water quality
Background Studies & Reports
•Cities of New Brighton and St. Anthony Village
July 2011 Flood Investigation Reports (2012)
–Mirror Lake identified as critical location for flood control
July 2011
“Super Storm”
dropped over
7 inches of rain
in 4 hours
29
Background Studies & Reports
•Basic Water Management Project Petition (2013)
–By St. Anthony Village, New Brighton, and now Roseville
–RCWD and Cities agree to pursue multi-purpose water
quality and flood control comprehensive projects in the
Ramsey County Ditches 2, 3, and 5 drainage area
–Phase I of petition process complete (problem area and
potential projects survey)
•RCWD awarded a $3.0M Targeted
Watershed Demonstration grant
from BWSR Clean Water Fund (2014)
–Grant funds for a series of projects, including Mirror Lake
Mirror Lake Existing Conditions
4’-5’ Vertical Side
Slope Above NWL
60” Storm
Sewer
18” Outlet Structure
Overland
Spillway
100-Year
Floodplain
Lake
30
Mirror Lake Concept Plan
1)Excavate Lake
2)Replace Outlet
Structure
3)Construct Flood
Control Berm
4)Stabilize Shoreline
1) Excavate Lake
•Remove
unconsolidated
nutrient rich soils
•Increase lake volume
below Normal Water
Level (NWL)
•Improve habitat
•Slow the
accumulation of
sediment deltas
•Avoid disturbing
NuStar’s petroleum
pipeline
31
2) Replace Outlet Structure
•Lower NWL
approximately 2 feet
•Increase flood storage
from 46 to 83 acre-feet
•Reduce flow rates down
stream during smaller
and extremely large
events
3) Construct Flood Control Berm
•Reduce risk of lake
overtopping
•If lake ever does overtop,
flows will be concentrated in
one, localized area of the
berm.
32
4) Stabilize Shoreline
•Increase lake safety
•Reduce erosion
•Improve habitat
•Allow for increased
plant diversification
Project Benefits: Mirror Lake
•Reduce phosphorus loadings and algae blooms in
Mirror Lake and downstream
–Annual Total Phosphorus removal 50 pounds minimum
•Increase Flood Storage from 46 to 83 acre-feet
–No overtopping in the 100 year event
–Create designated emergency overflow
•Improve Public Safety
–10:1 bench around perimeter
•Improve aquatic and near-shore wildlife habitat
–Buffer strip around lake
–Establish native vegetation
–Establish pollinator plants
–Improve water quality
33
Tree Removals
Tree Replacement
•Estimated125 trees will be planted as part of
final restoration
•The approved replacement trees are:
- Red Maple - Autumn Blaze Maple
- American Linden - Serviceberry
- River Birch - Crimson King Maple
- Aspen - Crabapple
Red Maple
River
Birch
Serviceberry
American
Linden
34
Sample of Plant Species in the
Native Pollinator Mix
•The Native Pollinator Mix consists of 30 different
Forbs, Grasses, Sedges and Rushes Species
Swamp Milkweed
Smooth Aster
New England Aster
Swamp Aster
Fringed Brome
Bebb’s Sedge
Bottlebrush Sedge
Fox Sedge
Canada Wild Rye
Prairie Blazing Star
Cardinal Flower Monkey Flower
Upcoming Project Schedule
2017
Sep Oct Nov Dec Jan Feb Mar Apr May Jun-Aug Sep Oct - Mar
1 Meetings with Stakeholders
2 Neighborhood Meetings
3 Environmental Assessment Worksheet
(EAW) Information Compiling
4 Submit completed Data Portions of EAW
to Responsible Governmental Unit (RGU)
5 RGU Approves EAW for Public Comment
6
RGU Submits EAW to Environmental
Quality Board (EQB) for Review and
Publication
7 30 Day Review Period, 11/09/15 – 12/09/15
8 Respond to EQB Comments
9 Prepare Negative Declaration
10 City Council Approve Negative
Declaration
11 Prepare and Submit Permits
12 Prepare Preliminary Plans
13 Submit Preliminary Plans to City and
Watershed for Review
14 Prepare Final Plans and Specs
15 Dewatering Public Hearing
16 Dewatering
17 Remove Necessary Vegetation and Trees
18 Advertise Project for Bid
19 Open Bids Received
20 Award Contract
21 Pre-Construction Meeting
22 Construction
23 Restoration April-June
2015TaskNo.2016
Mirror Lake Schedule
11/09 15-12/09/15
Completed 09/14/15
Completed 09/21/15
Completed
Completed
Completed
Completed
Completed 01/26/16
Completed
Completed
Completed 12/18/15
Completed
05/24/16
05/17/16
Completed 02/10/16
35
Mirror Lake Partnership Structure
(Cooperative Agreement)
•RCWD and City Cooperative Agreement that:
–City will lead project design, permitting, construction, and inspection
–RCWD staff will complete BWSR grant reporting and assist City staff
•Project Funding
–Budget $1,392,000
•$640,000 from BWSR grant
•$252,000 from RCWD
–$892,000 total between BWSR grant and RCWD
•RCWD and City pay 50% of cost over $892,000 and up to
$1,392,000
–$250,000 each
•City covers all costs exceeding $1,392,000
Questions?
36
Notice of Public Hearing
Mirror Lake Temporary Drawdown
Notice is hereby given that the City of St. Anthony Village will hold a public hearing in review of
the temporary drawdown of Mirror Lake in accordance to Minnesota Statues 103G.408. The
public hearing will be held during the City Council meeting scheduled for 7:00 p.m., Tuesday,
May 24, 2016, at the St. Anthony Village City Hall, 3301 Silver Lake Road. Such persons who
desire to be heard with reference to the plan will be heard at this meeting.
The public hearing will review the Mirror Lake improvement project goals, design features,
anticipated project schedule, and the temporary normal water elevation drawdown.
For more information concerning this meeting, please call Todd Hubmer, P.E. City Engineer, at
763-287-7182
Todd Hubmer, P.E.
City Engineer
37
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38
Memorandum
TO: Mayor and City Council
City Manager
FROM: Amir Nadav, Solar Consultant
DATE: May 24, 2016
RE: Community Solar Garden Subscription
Recommendation:
Authorize resolution to approve community solar garden subscription agreements with United States
Solar Corporation and SolarStone Community LLC.
Summary:
Community solar gardens represent a way for the city of St. Anthony Village to participate in the
development of solar energy technology in Minnesota without the direct responsibility of owning and
maintaining an on-site solar array. Under this arrangement, the city would “subscribe” to a portion of the
energy produced by a solar array that is owned and maintained by a third party. The city would receive
credit on its electricity bill from Xcel Energy for the production of solar energy and in turn make
subscription payments to the community solar garden developer. The city would not make an upfront
payment to fund the construction of a community solar garden.
The city received proposals from three developers that participated in the “Community Solar Subscriber
Collaborative” coordinated by the Metropolitan Council. Following direction from City Council on its
May 2 workshop and discussions with the community solar garden developers, staff recommends
proceeding with subscriptions for a total of 647,940 kilowatt-hours (kWh) representing 352 kilowatts
(kW) of solar garden capacity. These subscriptions amount to approximately one-quarter of the annual
electricity use from city government facilities.
Due to state law and the location of the proposed community solar gardens, only facilities in Hennepin
County could be considered for these subscription agreements. Facilities were matched with developers in
order to maximize potential cost savings to the city. The size of the subscriptions is based on the annual
average electricity use of the selected facilities. A summary of the proposed subscriptions appears below.
Developer Proposed Facilities Subscribed
Total
Subscription
Size (kWh)
SolarStone
Community LLC
• Silver Point Park Shelter
• Silver Point Park
• Trillium Park
• Central Park
63,700
United States Solar
Corporation
• City Hall
• Fire Department
584,420
39
Staff estimate that the two proposed subscriptions could result in a total net present value of electricity
cost savings to the city of approximately $330,000 over the 25-year life of the subscription agreements.
Further details on potential savings appear in Appendix I.
Community Solar Garden Subscriber Collaborative Background:
In July 2015, the city of St. Anthony Village submitted a letter of intent to the Metropolitan Council to
participate in the “Community Solar Subscriber Collaborative.” This allowed the city to consider
opportunities to subscribe to community solar gardens that emerge from the Metropolitan Council’s
Request for Proposals for Community Solar Garden Subscription Agreements. The Metropolitan Council
negotiated subscription agreements with five solar garden developers, and a lottery was conducted to
allocate subscription capacity to participating local governments. The subscriber collaborative offered the
city administrative efficiencies as well as the benefits of joining other participants to form a larger
demand pool. Additional information about the “Community Solar Subscriber Collaborative” is available
in the fact sheet attached.
Community Solar Gardens operate under Minnesota Statute 216B.1641 and regulatory oversight provided
by the Minnesota Public Utilities Commission. Eligible gardens have no less than five subscribers, and no
subscriber may account for more than 40% of the garden’s capacity. Eligible subscribers must be retail
electric customers of the utility served by the garden, and located in the same or adjacent county as the
garden. Additional information and requirements are described in the attached “Frequently Asked
Questions” document provided by Xcel Energy.
Round 1 lottery results were announced on January 28, 2016 and local governments were asked to signal
their intent to consider subscription opportunities by February 29, 2016. Unclaimed lottery tickets were
re-allocated in a second lottery, and results were announced on April 5, 2016. The city of St. Anthony
participated in both lottery rounds and offered to consider subscription opportunities that do not exceed
1.5 million kilowatt-hours (“kWh”) of annual electricity production, equivalent to approximately 880
kilowatts (“kW”) of solar garden capacity. The city of St. Anthony was offered subscription agreements
for a total of 920 kW of capacity distributed across the following community solar gardens:
• 120 kW in a community solar garden to be developed by SolarStone in Wright County
• 200 kW in a community solar garden to be developed by US Solar in Carver County
• 200 kW in a community solar garden to be developed by US Solar in Wright County
• 400 kW in two community solar gardens to be developed by TruNorth Solar in Carver County
City staff evaluated the potential cost savings from the proposals of all three developers and
communicated with all of the developers about potential subscriptions. The proposed subscription
agreements were formulated based on the largest potential savings to the city, given the city facilities
eligible for a subscription, and the responses from developers.
40
Subscription Structure and Considerations:
Community Solar Garden subscription agreements represent 25 year contracts. The city may subscribe up
to 120% of the annual electricity consumption of one or more facilities. Once a community solar garden is
operational, the city will make monthly payments to the garden operator for its portion of the energy
produced. The city will also receive credits on its electricity bill from Xcel Energy for the city’s portion
of the solar energy produced. The utility bill credit may also include a payment for the “renewable energy
credits,” which would represent Xcel Energy’s acquisition of, and legal claim to, the solar energy
attributes.
The developer determines the subscription rate over the life of the project, and it is locked into the
subscription agreement. Both developers offer a “pay-as-you-go” subscription with no upfront payments
required from subscribers for the construction costs of the solar garden. Depending on the terms of the
developer, subscription rates may vary based on the Xcel Energy rate plan of the facility subscribed and
in some cases may include an annual escalation in the rate.
Bill credit rates are determined by the Xcel Energy rate plan that applies to each facility the city
subscribes and may change annually following review by the Minnesota Public Utilities Commission. Bill
credit rates for 2015 varied by customer type as follows:
• Residential: $0.12743 per kWh
• Small General Service: $0.12431 per kWh
• General Service: $0.09914 per kWh
Additional Renewable Energy Credit payments are set at $0.03 per kWh for gardens smaller than, or
equal to, 250 kW and $0.02 per kWh for gardens larger than 250 kW.
The city has several facilities that qualify for the “Small General Service” bill credit rate, however the
majority of the city’s facilities and electricity use qualify for the “General Service” bill credit rate. While
electric demand from the city’s accounts exceeds the 920 kW of solar garden capacity offered to the city
through the lottery, the city’s “Small General Service” accounts represent approximately 86 kW of solar
garden capacity.
The city may transfer or terminate its community solar garden subscription under certain conditions and
termination fees may apply. Both subscription agreements provide guarantees for a percentage of the
solar garden’s estimated future production under certain circumstances.
Estimated Savings and Risk:
Under business as usual conditions, the proposed subscriptions are expected to generate a net savings to
the city over the life of the agreements. The Metropolitan Council and the Clean Energy Resource Teams
(“CERTs”) provided calculators to estimate the potential financial impact of subscribing to a community
solar garden. Details of the two proposed subscription agreements before the City Council were entered
into the calculators, and the results from three scenarios appear in Appendix I. The calculators are
41
sensitive to a number of variables such as the future increase in bill credit rates, discount rates, and solar
panel degradation factor, among others. For this reason, the figures cited in the appendix should be
considered as estimates and not guarantees of future savings.
The future change in the utility bill credit rate to the city for solar energy produced by the garden
represents perhaps the most significant source of uncertainty. This differs from the subscription rate per-
kilowatt hour of solar energy that the city pays the developer over the life of the project, which is set by
the provisions of the subscription agreement. Solar bill credits from Xcel to the city are based on the
“Applicable Retail Rate.” A review of Xcel Energy’s electricity rates since 1992 shows an average
increase of 2.6 to 2.9 percent per year across all customer classes.1 As indicated in the appendix, the
financial model projects a net savings to the city if the bill credit rate continues to increase at the same
pace as the historical average. If the bill credit rate were to remain unchanged over the 25 year life of the
subscription agreement, the city’s cumulative subscription expenses will likely equal its cumulative bill
credit savings. Factors that could theoretically lead to no change, or a decrease, in bill credits include
significant legislative or regulatory changes to the rules of the community solar garden program or
changing market conditions such as long term declines in the cost of fossil fuels and other electrical
generation and distribution technologies. City staff believe that the potential for a net decrease in solar
energy bill credits over the 25-year subscription period is unlikely.
Attachments:
• Community Solar Subscriber Collaborative Description
• Minnesota Subscribers Frequently Asked Questions, Xcel Energy
1 Clean Energy Resource Teams, “Community Solar Garden Subscriber Questions.” Web:
http://www.cleanenergyresourceteams.org/sites/default/files/CommunitySolarGarden_SubscriberQuestions_04-27-15.pdf
42
Appendix I: Community Solar Garden Subscription
Cost Comparison & Estimated Cumulative Savings Scenarios
Costs:
A subscription to a community solar garden offers the city several several potential cost and
administrative efficiencies. Developing a solar array equivalent to the size of the city’s proposed
community solar garden subscriptions would require a significant upfront capital investment. According
to data compiled by the National Renewable Energy Laboratory (NREL), the median cost to construct
solar electricity arrays between 250 kilowatts (kW) and 500 kW in size is $3.44 per watt.2 If the city
chose to build its own solar array, the city be responsible for the upfront capital costs in addition to the
occasional operations and maintenance costs throughout the life of the project. The city would also bear
some risk for equipment repairs that may fall outside of the scope of the product warranties.
Community solar gardens may benefit from several financial advantages. Private developers of solar
projects may utilize a federal tax credit in the amount of 30% of the project costs as well as accelerated
depreciation, which further enhances the financial value of the project. By bundling multiple
subscriptions, community solar garden developers can build larger projects, which benefit from
economies of scale that may reduce the overall project costs per kilowatt. According to NREL’s data, the
national median price per kW of a solar array between 500 – 1,000 kW in size is $2.93, compared to a
median price per kW of $3.44 for arrays between 250 – 500 kW in size.3
Under the proposed community solar garden subscriptions, the city only makes on-going monthly
payments. The garden operator is responsible for the upfront development costs and on-going
maintenance and administrative costs of the garden. In most years, the city’s annual savings from the
community solar garden bill credits are expected to equal or exceed the city’s subscription payments to
the solar garden developer.
Estimated Savings from Proposed Community Solar Subscription Agreements:
City staff reviewed the estimated financial implications of all of the solar gardens subscription
opportunities received in the lottery. The scenarios below estimate the cumulative cost savings from the
staff recommendation of a subscription agreement in the amount of 584,240 kWh with US Solar and
63,700 kWh with SolarStone. The size of both subscriptions are based on average annual electricity use of
2 Feldman, David, Galen Barbose, et al. 2015. ”Photovoltaic System Pricing Trends.” Golden, CO: National
Renewable Energy Laboratory.
3 Ibid.
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the city facilities selected. As discussed in the memorandum, the estimates below are subject to a number
of variables and do not represent guaranteed savings.
Estimated Net Present Value of Cumulative Savings from Proposed Subscription Agreement
Subscription Size Scenario 1
Standard
assumptions*
Scenario 2
No increase in
solar bill credit
Scenario 3
Solar bill credit
increases by 3% / yr
352 kW
(approximately 25%
city’s annual electricity
use)
$338,827 $20,616 $390,522
*Standard assumptions provided by the Clean Energy Resource Teams calculator include:
• Annual increase in solar energy bill credits: 2.65% (reflecting the historical rate of increase)
• Year 1 bill credit: $0.11914/kWh for General Service; $0.14431/kWh for Small General Service
(inclusive of $0.02/kWh renewable energy credit payment)
• Discount rate: 4%
• Annual decrease in solar panel performance: 0.5%
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mncerts.org/solargardens/collaborative 7/23/2015
Community Solar Subscriber Collaborative:
An Opportunity for Metro Area Local Governments
Description: Community Solar Gardens create a new opportunity for local government entities to
support clean energy, save on energy bills for public buildings and plants, and hedge against the
future price volatility of electricity.
The Community Solar Subscriber Collaborative is a joint effort for Metro area local governments to
procure solar garden subscriptions from a single RFP process. By working together, government
entities gain an economy of scale in the solicitation process (reducing the administrative burden to
vet developers) and in attractiveness to developers, resulting in better pricing and subscription
terms.
The process below describes how the RFP will be issued and how local governments are able to
procure solar garden subscriptions through this initiative.
Process:
1. Letter of Intent: Interested local governments sign a non-binding letter of intent declaring
their intent to subscribe, and attach to the letter a list of the premises and loads they are
interested in subscribing. Interested entities must be willing to subscribe to at least 100kW
of solar production (equivalent to 120,000 kWh annual consumption).
2. Joint Powers Agreement (Optional): Local governments requiring a Joint Powers
Agreement (JPA) to be signed according to their procurement policies may sign a
community solar garden subscription-specific JPA.
3. Request for Proposals: The Metropolitan Council will publish an RFP for developers to
provide community solar garden subscriptions to the local governments that signed a Letter
of Intent. Developers’ proposals will include a list of the counties they can provide
subscriptions to and how much capacity they have available for each county.
4. Developer Selection: A team of governmental participants from the core steering group
and major subscribers, selected by the Council, will evaluate proposals received, ranking
them according to qualifications, experience, and price.
5. Lottery Process: Local governments that signed a Letter of Intent will be entered into a
lottery for available garden subscriptions. Local governments drawn in the lottery will have
the first right of refusal to subscribe to the garden(s) for which they are drawn.
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mncerts.org/solargardens/collaborative 7/23/2015
6. Execute Subscription Agreement(s): In order to secure its subscription(s), each local
government entity will need to execute its own Subscription Agreement(s) with the
developer it is purchasing a subscription from.
7. Garden Approval Process: There is currently a long queue for community solar gardens
to be approved by Xcel energy before they can be built. This process is expected to take
18-21 weeks after the initial application is submitted and may be longer as this is a new
program in Minnesota and the number of garden applications has been much higher than
expected.
8. Garden Construction: Construction of each garden can take from 1 to 6 months or longer
depending on the permitting and process at the host site.
9. Energy Produced; Bill Credits Assigned: Once the garden is approved and built, it will
begin producing solar energy, delivered to Xcel and credited to subscribing entities in the
form of $/kWh bill credits.
Timeline:
Action Date
RFP Published by Met Council July 10th, 2015
Letters of Intent due to Met Council Due July 24th, 2015
Joint Powers Agreements signed (if deemed necessary by
participating entities) Due July 24th, 2015
Proposals Due August 21st, 2015
Selection and Ranking of Proposals August-November 2015
Lottery Process Dec. 2015-Jan. 2016
Execute Subscription Agreements January 2016
Contact for Questions:
Trevor Drake
Project Coordinator
Great Plains Institute
612-767-7291
tdrake@gpisd.net.
Download documents, read frequent questions, and find more information online at
mncerts.org/solargardens/collaborative
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Solar*Rewards® Community®
Minnesota Subscriber FAQs
How can I subscribe to a community solar garden?
In order to be a subscriber to the Minnesota Solar*Rewards Community (S*RC) program, you must be an
Xcel Energy electric retail customer in Minnesota. The location of the customer premise associated with
the account receiving the bill credit must be in the county where the solar garden is located, or in an
adjacent county. You can decide which garden you are interested in and contact one of the many
Garden Operators developing solar gardens in Minnesota.
Requirements are largely defined in Minn. Statute §216B.1641.
Subscriber Requirements
The following rules apply to all Solar*Rewards Community subscribers:
A subscriber must be an electric retail customer of Xcel Energy
Subscriptions must not exceed 120% of your average annual electric energy usage
Subscriptions must not exceed 40% of a single garden
Subscribers will be provided a monthly credit on their bill. The credit will be determined on a
dollars per kilowatt-hours produced ($/kWh) basis by Xcel Energy.
Am I eligible to receive a bill credit? What type of credit is available?
Xcel Energy customers subscribing to a solar garden are eligible for a solar energy bill credit.
Bill credit rates can be found in our Section 9 Tariff.
The “Standard Bill Credit” is the applicable retail rate in effect at the time of energy generation. The
“Enhanced Bill Credit” is the sum of the applicable Standard Bill Credit and the Commission-approved
Renewable Energy Credit (REC) pricing. A Solar*Rewards Community garden electing to sell its RECs (via
the Enhanced Bill Credit) to the Company for subscribed energy, shall be at the Commission-approved
REC price in place on the date the garden’s application is considered by the Company to be complete.
How is the credit amount determined?
Each month, the solar production from a community solar garden is recorded in kilowatt-hours (kWh).
The production amount is then allocated, based on each customer’s subscription size. The customer’s
bill credit is calculated by multiplying the number of kWh by the bill credit rate ($/kWh). Detailed
information on the calculation of the bill credit can be found in the published Tariff on our website.
Bill credits are applied to the final billed amount, after all electric charges, adjustments, riders, taxes and
fees are added in. Therefore the credits will have no impact on the taxable amount owed by the
subscriber.
When are credits posted?
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On the ninth of every month, each subscriber's share of energy production from the community solar
garden is posted to his/her account as a bill credit. Because customers are on different billing cycles, the
timing for when each subscriber will see their credit depends on the day their meter is read.
If a subscriber's billing cycle (three-day, meter-reading window):
Is before the ninth of the month: the bill will reflect Solar*Rewards Community credits
with a one-month lag time/delay. (For example, a September bill will show credits from
July.)
Is after the ninth of the month: the bill will reflect Solar*Rewards Community credits
for the previous month. (For example, the September bill will show credits from
August.)
Contains the ninth of the month: the Solar*Rewards Community bill credit reflected
may be from the previous month, or may have a one-month lag. For this small subset of
subscribers, bill credits will not be reflected on their bills each and every month; some
bills may include two months’ worth of bill credits, while some bills may not show any
credits.
Xcel Energy is not able change customers' billing cycles. However, if a customer is on a meter-reading
cycle that results in a bill generating on or near the ninth of the month, we have the ability to delay the
creation of that bill, in order to ensure that the customer will only see one credit applied to each bill
cycle. If you would like to discuss this option, please send us an email at srcmn@xcelenergy.com. While
the credits are reflected differently based on the timing for each customer's bill, please remember that
the Solar*Rewards Community bill credits will be posted regularly to customer accounts on the ninth of
each month.
How does the 120% rule apply to customers?
Subscriptions must not exceed 120% of your average annual electric energy usage.
If there is less than four months of consumption history, the new home calculator can be used to
generate an estimate.
For properties that are over 4,500 square feet, without consumption history, please submit an energy
audit (HERS Rating or similar) or load calculations for the property. Please submit all system sizing
paperwork to srcmn@xcelenergy.com .
We use the National Renewable Energy Laboratory’s (NREL) PVWatts® calculator to convert a
subscriber’s allocation in kW to annual output in kWh. That number is then checked against the
customer’s historic usage or the home usage estimator for compliance with the 120% rule. NREL’s
PVWatts calculator can be found on their website.
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How does the 40% allocation requirement work?
Minn. Statute §216B.1641 defines a subscriber as “a retail customer of a utility who owns one or more
subscriptions of a solar garden facility interconnected with that utility.” A retail customer is a separate
person or corporation and is the legal name of the party as defined by state law and existing Xcel
Energy tariffs.
Further, affiliates of a legal entity will be treated as the same person or entity for the purposes of
subscription with the exception of government entities. Political subdivisions of a government entity or
public agency can be considered separate retail customers of the utility as defined by Minn. Stat.
§216B.02, Subd. 2. If a governmental agency composed of sufficient political subdivisions or agencies
has a different account, each political subdivision or agency may have a 40% interest in a single garden.
To provide some context as to whether or not you may be at risk for allocating more than the legislated
40% threshold, we’ve provided the below questions to help identify possible cases. If you answer “yes”
to one or more of the below questions and intend to subscribe to 40% or more of any solar garden, we
suggest you contact the S*RC team at srcmn@xcelenergy.com. We’ll contact you within seven calendar
days to help resolve your questions.
Do you have more than one physical location to which subscriptions can be attributed?
Do you have more than one account?
Does the premise address on your bill differ from the billing address?
Are you one of many accounts for the same type of business?
Do you have political subdivisions and do you have separate financials per subdivision?
For further clarity, we’ve put together the following questions and answers about this topic:
How do I know whether or not I have multiple accounts under one legal entity?
There are a couple of ways you can determine whether or not you have multiple accounts that
would be combined for the purposes of the 40% requirement. First, if your bill is sent to an
alternative address (versus your location) and you receive multiple bills, it is likely that you have
several accounts associated with one legal entity.
What is meant by “affiliates are considered the same entity”?
State statute provides guidance with the definitions of “person” and “corporation”, which are as
follows:
“Person” means a natural person, a partnership, or two or more persons having a joint or
common interest, and a corporation as hereinbefore defined.
(As noted in Minn. Stat. §216B.02, Subd.3)
“Corporation” means a private corporation, a public corporation, a municipality, an association,
a cooperative whether incorporated or not, a joint stock association, a business trust, or any
political subdivision or agency. (As noted in Minn. Stat. §216B.02, Subd. 2.)
Therefore, as defined by statute for our S*RC Community Program, a “person” includes
corporations associations or partnerships having a “joint or common interest”. Xcel Energy does
not have insight into specific customer legal structures, but if your company and another
company are affiliated businesses, then together these two businesses can only own up to a
40% interest in one garden.
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As a government agency, I have different political subdivisions. Can I have a 40% interest in
one garden per political subdivision?
The likely answer is yes. Government entities have specific statutes that define them differently than
regular “corporations”. Some cities have different political subdivisions and have legal entities such as
City X Fire Department and City X Libraries. Each subdivision can have a 40% interest. In order to
determine if you are a political subdivision or agency, we provide guidance in the linked document.
How can I determine if there is a “joint or common” interest between two legal entities?
o If you can accurately state “yes” to all of the following, then there is no “joint or
common” interest and each legal entity would be its own subscriber. You can confirm:
o There is no partnership or joint venture between them?
o They have not united together for the same purpose?
o There is no common owner between them?
o They are not part of the same corporate family – not affiliates, corporate subunits, nor
otherwise related companies?
o They are independent companies?
Do different legal names and Federal Tax ID number constitute a different subscriber?
Not necessarily. Having a different legal name and/or a different Federal Tax ID does not by
itself show that these are not the same subscriber.
As an elementary school, our bills are paid by the district. Who is the “retail customer”?
Generally speaking, elementary schools and high schools in the same district are considered one
legal entity and therefore together could not have more than a 40% interest in one garden.
What should I do if I still have questions?
Most customers should have very little difficulty determining their eligibility. But if you are unsure of
your legal structure, we recommend you discuss this option with your legal representative and then
contact srcmn@xcelenergy.com to help determine your eligibility for Solar*Rewards Community.
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1
Cokato Unit 3
Met Council Ticket #5
Randomized Selection #266
COMMUNITY SOLAR GARDEN SUBSCRIPTION AGREEMENT
Cokato Solar Garden Unit 3
WHEREAS, SolarStone Community LLC (“Operator”) intends to construct, install,
own, operate, and maintain a solar photovoltaic System at the Premises described on
Schedule 1;
WHEREAS, the Parties intend that, pursuant to the Tariff and the Power Purchase
Agreement (“PPA”), the System will qualify as a Community Solar Garden and will generate Bill
Credits to be applied to Subscriber’s monthly invoices from Northern States Power for the retail
electric services at the addresses listed in Schedule #1 (the “Service Address”);
WHEREAS, the City of St Anthony Village, a body politic and corporate, by and through the
City of St Anthony Village, having an address at 3301 Silver Lake Road, St. Anthony, Minnesota,
55418, (“Subscriber”) is willing to purchase, or pay to be allocated, Subscriber’s Allocated Percentage
as described in Exhibit C of the Delivered Energy to be generated by the System commencing on the
Commercial Operation Date and continuing through the Term, and Operator is willing to sell, or cause
to be allocated, Subscriber’s Allocated Percentage of the Delivered Energy to be generated by the
System to Subscriber commencing on the Commercial Operation Date and continuing through the
Term, as provided under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing recitals, mutual promises set
forth below, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby agree as follows:
1. DEFINITIONS.
1.1 Definitions. Capitalized terms are defined as follows:
“Affiliate” means, with respect to any specified Person, any other Person directly or
indirectly controlling, controlled by or under common control with such specified Person.
“Agreement” means the Community Solar Garden Subscription Agreement which consists of this
agreement and all exhibits.
“Applicable Law” means, with respect to any Person, any constitutional provision, law, statute, rule,
regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction,
registration, permit, authorization, guideline, Governmental Approval, consent or requirement of
any Governmental Authority having jurisdiction over such Person or its property, enforceable at law
or in equity, including the interpretation and administration thereof by such Governmental
Authority.
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2
“Bankruptcy Event” means with respect to a Party, that either: (i) such Party has (A) applied for or
consented to the appointment of, or the taking of possession by, a receiver, custodian, trustee or
liquidator of itself or of all or a substantial part of its property; (B) admitted in writing its inability, or be
generally unable, to pay its debts as such debts become due; (C) made a general assignment for the
benefit of its creditors; (D) commenced a voluntary case under any bankruptcy law; (E) filed a petition
seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding
up, or composition or readjustment of debts; (F) failed to controvert in a timely and appropriate manner,
or acquiesced in writing to, any petition filed against such Party in an involuntary case under any
bankruptcy law; or (G) taken any corporate or other action for the purpose of effecting any of the
foregoing; or (ii) a proceeding or case has been commenced without the application or consent of such
Party in any court ofcompetent jurisdiction seeking (A) its liquidation, reorganization, dissolution or
winding-up or the composition or readjustment of debts or, (B) the appointment of a trustee, receiver,
custodian, liquidator or the like of such Party under any bankruptcy law, and such proceeding or case has
continued undefended, or any order, judgment or decree approving or ordering any of the foregoing shall
be entered and continue unstayed and in effect for a period of 60 days.
“Bill Credit” means the monetary value of the electricity generated by the Solar System commensurate
with Subscriber’s Allocated Percentage, as calculated pursuant to the PPA and the Tariff, and credited to
Subscriber by Northern States Power Company (“NSP”) on its monthly invoice for electric service at the
Service Address in accordance with the PPA. The Bill Credit Rate to be used by NSP is the Enhanced
Bill Credit as provided in the PPA as the Operator must transfer the Solar Renewable Energy Credits
(“RECs”) to NSP under the PPA unless directed otherwise by Subscriber.
“Billing Cycle” means the monthly billing cycle established by NSP.
“Business Day” means any day other than Saturday, Sunday, or a legal holiday.
“Creditworthy” means a general obligation bond rating of (a) Baa3 or higher by Moody’s, (b) BBB- or
higher by Fitch IBCA, or (c) BBB- or higher by Standard and Poor’s; or, for non-governmental entities
not rated by Moody’s, Fitch IBCA, or Standard and Poor’s, an equivalent credit rating as determined by
Operator through review of such entity’s (x) most recent three (3) years of audited financial statements
with notes, or, if such audited financial statements are not available, (y) most recent three (3) years of
unaudited financials (prepared by an external accountant, if available) including income and cash flow
statements, a balance sheet, and accompanying notes, if any, for each.
“Date of Commercial Operation” means the first day of the first full calendar month upon which
commercial operation is achieved following completion of all Interconnection Agreement requirements
and processes, as defined by the PPA executed by the Operator and NSP.
“Delivered Energy” means the amount of alternating current (AC) energy generated by the System as
inverted to AC and delivered to NSP at the Production Meter (as defined in the PPA).
“Early Termination Date” means any date the Agreement terminates other than for expiration of the Term.
“Effective Date” means the date on which the Agreement is signed by authorized representatives of both
Parties in accordance with Section 2.1.
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3
“Environmental Attributes” means, without limitation, carbon trading credits, Renewable Energy Credits
or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits,
or Green-e® products.
“Estimated Remaining Payments” means as of any date, the estimated remaining Payments to be made
through the end of the Term, as reasonably determined and supported by Operator.
“Expiration Date” means the date the Agreement terminates by reason of expiration of the Term.
“Financing Party” means, as applicable (i) any Person (or its agent) from whom Operator (or an Affiliate
of Operator) leases the System, or (ii) any Person (or its agent) who has made or will make a loan to or
otherwise provide financing to Operator (or an Affiliate of Operator) with respect to the System.
“Governmental Approval” means any approval, consent, franchise, permit, certificate, resolution,
concession, license, or authorization issued by or on behalf of any applicable Governmental Authority.
“Governmental Authority” means any federal, state, regional, county, town, city, watershed district, park
authority, or municipal government, whether domestic or foreign, or any department, agency, bureau, or
other administrative, regulatory or judicial body of any such government.
“Guaranteed Output” has the meaning set forth in Section 7.3(b)
“Installation Work” means the construction and installation of the System and the start-up, testing and
acceptance (but not the operation and maintenance) thereof, all performed by or for Operator at the
Premises.
“Interconnection Agreement” means the Interconnection Agreement entered into or to be entered into
between Operator and NSP as required by the PPA.
“NSP” means Northern States Power Company, a Minnesota Corporation and any successor thereto and
Xcel Energy Inc., to the extent it has control over NSP’s business.
“Person” means an individual, partnership, corporation, limited liability company, business trust, joint
stock company, trust, unincorporated association, joint venture, firm, or other entity, or a Governmental
Authority.
“PPA” means the standard Power Purchase Agreement for Solar*Rewards Community to be entered into
by and between Operator and NSP whereby NSP agrees to purchase all of the energy produced by the
photovoltaic Solar System and to pay for such energy by providing Bill Credits to Subscriber (and other
Subscribers). A copy of the PPA will be attached to this Agreement as Exhibit D.
“Premises” means the premises described in Exhibit C.
“Shortfall Amount” has the meaning set forth in Section 7.4.
“Solar Incentives” means any accelerated depreciation, installation or production-based incentives,
investment tax credits and subsidies and all other solar or renewable energy subsidies and incentives.
“Subscriber’s Allocated Percentage” means Subscriber’s allocated portion, stated as a percentage, of the
53
4
Delivered Energy in a given month, as described in Exhibit C.
“Stated Rate” means a rate per annum of 1.5%.
“System” or “Solar System” means the integrated assembly of photovoltaic panels, mounting assemblies,
inverters, converters, metering, lighting fixtures, transformers, ballasts, disconnects, combiners, switches,
wiring devices and wiring, more specifically described in Exhibit C.
“System Operations” means Operator’s operation, maintenance and repair of the System performed in
accordance with the requirements of this Agreement.
“Tariff” means the Solar*Rewards Community Program tariff in NSP’s rate book.
“Termination Fee” means a fee payable by Subscriber equal to (x) the net present value of the
Subscriber’s remaining payments to Operator under the Agreement (based on the Estimated Annual
Delivered Energy) minus (y) the net present value of remaining payments to Operator for Subscriber’s
Allocated Percentage of Estimated Annual Delivered Energy at the Unsubscribed Energy Rate using a
discount rate of five and one half percent (5.5%); provided that such Termination Fee shall not be less
than zero. The Termination Fee for each year of the Term based on Subscriber’s Allocated Percentage as
of the Effective Date is listed in Exhibit F.
“Unsubscribed Energy Rate” means $0.034 per kWh, which is the blended rate NSP pays for
unsubscribed Delivered Energy under rate code A51 in NSP’s rate book in effect on the Effective Date.
2. TERM AND TERMINATION.
2.1 Effective Date. This Agreement is effective upon signature by authorized representatives
of both Parties to the Agreement.
2.2 Term. The term of the Agreement begins on the Effective Date and continues for 25
years from the Commercial Operation Date (or such other time period as specified in writing by the
Parties), unless terminated earlier under the provisions of this Agreement. Without limiting either
Party’s termination rights elsewhere in this Agreement, this Agreement will terminate if (i)
Subscriber has moved out of or relocated from the county in which the Solar System is located or a
contiguous county or relocated from the NSP service territory, and has not, within 90 days after such
move or relocation, assigned this Agreement in accordance with the provisions of Section 12.3, or
(ii) the PPA is otherwise terminated.
2.3 Termination Before Commercial Operation. If any of the following events or
circumstances occurs before the Commercial Operation Date, either Party may terminate the Agreement
immediately upon written notice, in which case neither Party will have any liability to the other except for
any liabilities that accrued before termination.
(a) After timely application to NSP and best efforts to secure interconnection services,
Operator has not received evidence that interconnection services will be available for the energy
generated by the Solar System.
(b) If NSP or another party with the authority to do so, disqualifies the Operator or the facility
54
5
from participating in the Community Solar Garden Program.
(c) Before the PPA is signed, if the legislature, PUC, NSP, or any other entity reduces the
credit base rate, or basis of escalation of that rate from that anticipated at the time of acceptance of the
proposal by the Subscriber.
(d) If the State legislature dissolves the Subscriber; provided that Subscriber’s obligations
under this Agreement are reassigned.
2.4 Termination for Unnecessary Delay in Achieving Commercial Operation. Operator agrees to
achieve commercial operation within a commercially reasonable timeframe. If Operator does not achieve
Commercial Operation within 2 years of the Effective Date, at Subscriber’s sole discretion, Subscriber
may terminate this Agreement with 60 days’ written notice. If Subscriber terminates the Agreement
under this provision, Subscriber will have no liability to the Operator except for any liabilities that
accrued before the termination.
2.5 [Reserved.]
2.6 Termination Upon Mutual Agreement. This Agreement may be terminated at any time, for any
reason, by mutual agreement of the Parties in writing.
2.7 Operator Conditions of the Agreement Prior to Installation. In the event that any of the
following events or circumstances occur prior to the Commercial Operation Date, Operator may
(in its sole discretion) terminate this Agreement, in which case neither Party shall have any
liability to the other except for any such liabilities that may have accrued prior to such termination.
(a) There has been a material adverse change, not reasonably knowable by the Operator prior
to execution of the Agreement, in the (i) rights of Operator to construct the System on the
Premises, or (ii) financial prospects or viability of the Solar System, whether due to market
conditions, cost of equipment or any other reason.
(b) After timely application to NSP and best efforts to secure interconnection services,
Operator has not received evidence reasonably satisfactory to it that interconnection services will
be available with respect to energy generated by the System.
(c) Operator has determined that Subscriber is not Creditworthy.
(d) Operator is unable to obtain financing for the System on terms and conditions
reasonably satisfactory to Operator.
(e) Subscriber’s representation and warranty contained in Section 8.2(d) is no longer true and
correct.
3. CONSTRUCTION, INSTALLATION AND TESTING OF SYSTEM.
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3.1 System Acceptance Testing.
(a) Operator must test the System in accordance with such methods, acts, guidelines,
standards and criteria reasonably accepted or followed by photovoltaic solar system integrators in
the United States and as otherwise required by the PPA and the NSP Tariff.
(b) Commercial Operation occurs when the “Date of Commercial Operation” occurs under
the PPA. At least a week before the Date of Commercial Operation, Operator will send a written notice
to Subscriber providing the Date of Commercial Operation and the provided date will be the
Commercial
Operation Date for the purposes of this Agreement. Operator has the sole responsibility to notify NSP
of this date and get any necessary approvals from NSP.
(c) A copy of the warranty for the solar panels is attached to this Agreement as Exhibit B.
4. SYSTEM OPERATIONS.
4.1 Operator as Owner and Operator. The System will be owned by Operator or Operator’s
Financing Party and will be operated and maintained in accordance with the PPA and the NSP Tariff
and, as necessary, maintained and repaired by Operator at its sole cost and expense. Installation of the
System, upgrades and repairs will be under the direct supervision of an NABCEP-certified solar
professional. Maintenance will be performed according to industry standards, including the
recommendations of the manufacturers of solar panels and other operational components.
4.2 Metering. There will be two meters installed and maintained by NSP, which will
measure the amount of electrical energy flowing to and from the Premises as further described in
the PPA. The Production Meter (as defined in the PPA) will record the amount of Delivered
Energy.
Operator will make the raw meter data available to Subscriber upon Subscriber’s request.
5. DELIVERY OF ENERGY.
5.1 Purchase Requirement. Subscriber agrees to make payments calculated as Subscriber’s
Allocated Percentage multiplied by (x) Delivered Energy generated by t he System beginning on the
Commercial Operation Date and continuing for each applicable month of the Term and (y) the kWh Rate.
If there is a difference between the metered energy credited by NSP to the Subscriber on the subscribed
account’s bills and the Delivered Energy, the Subscriber’s payments will be based on energy credited.
5.2 Estimated Annual Delivered Energy. The total annual estimate of Delivered Energy for
any given year is the “Estimated Annual Delivered Energy.” The Estimated Annual Delivered Energy
and the estimated amount of electricity to be allocated to Subscriber for each year of the Term starting on
the Commercial Operation Date are identified in Exhibit F. The estimated amount of electricity
allocated to Subscriber is Subscriber’s Allocated Percentage of the Estimated Annual Delivered Energy.
5.3 Environmental Attributes and Solar Incentives.
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(a) Subscriber’s purchase does not include Environmental Attributes or Solar Incentives;
(b) Subscriber disclaims any right to Solar Incentives or Environmental Attributes based upon the
installation of the System, and to avoid any conflicts with fair trade rules regarding claims of solar or
renewable energy use and to help ensure that Environmental Attributes will be certified by Green-e® or
a similar organization Subscriber will, at the request of Operator, execute documents or agreements
reasonably necessary to fulfill the intent of this Section; and
(c) Without limiting the foregoing, Subscriber agrees that NSP will acquire from Operator
under the PPA all energy generated by the Solar System and may, as provided for in the PPA, acquire
all Renewable Energy Credits (as defined in the PPA) associated with the Solar System. If the
Renewable Energy Credits (as defined in the PPA) associated with the Solar System are acquired by
NSP, Operator will notify the Subscriber of the acquisition. Operator and Subscriber agree not to make
any statement contrary to NSP’s ownership.
5.4 Title to System. Throughout the Term, Operator or Operator’s Financing Party is the
legal and beneficial owner of the System at all times, and the System will remain the personal property
of Operator or Operator’s Financing Party.
5.5 Obligations of Parties. The Parties will work cooperatively and in good faith to meet all
Community Solar Garden program requirements under Applicable Law, the PPA and the Tariff,
including applicable interconnection and metering requirements. The Parties agree that beginning on the
Commercial Operation Date (a) Operator will transmit all of the Delivered Energy into the NSP system
for the benefit of Subscriber, and (b) Subscriber shall be entitled to all Bill Credits issued by NSP
resulting from such transmission and corresponding with Subscriber’s Allocated Percentage.
6. PRICE AND PAYMENT.
6.1 Consideration. Subscriber shall pay to Operator a monthly payment (“Payment”) for
Subscriber’s Allocated Percentage of Delivered Energy beginning on the Commercial Operation Date and
continuing through the Term. Subscriber will pay a price of $0.1220 per Kilowatt Hour (“kWh Rate”),
with a (1%) annual escalation for the term of this Agreement.
6.2 Invoices. Operator shall invoice Subscriber within 30 days of the last Business Day of
each calendar month (each such date on which an invoice is issued by Operator to Subscriber, an
“Invoice Date”) for the Payment in respect of Subscriber’s Allocated Percentage of Delivered Energy
during the immediately preceding calendar month. Subscriber’s first invoice under this Agreement shall
be for the first full calendar month after the Commercial Operation Date. Subscriber shall (i) neither
receive nor be entitled to any Bill Credits associated with Delivered Energy prior to the Commercial
Operation Date, and (ii) have no obligation to make or any liability for Payments for Delivered Energy
prior to the Commercial Operation Date. If the first month of commercial operation is less than a full
calendar month, the Operator will bill Subscriber for any Delivered Energy on the invoice for the first
full calendar month of operation.
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6.3 Time of Payment. Subscriber will pay all undisputed amounts due hereunder within
35 days of the Invoice Date.
6.4 Method of Payment. Subscriber will make all payments under the Agreement by
electronic funds transfer in immediately available funds to the account designated by Operator from
time to time. If Subscriber does not have electronic funds transfer capability, or does not desire to use
electronic funds transfer, the Parties shall agree to an alternative method of payment. All payments that
are not paid when due shall bear interest accruing from the date becoming past due until paid in full at a
rate equal to the Stated Rate. Except for billing errors or as provided in Section 6.5 below, all payments
made hereunder shall be non-refundable, be made free and clear of any tax, levy, assessment, duties or
other charges and not subject to reduction, withholding, set-off, or adjustment of any kind.
6.5 Disputed Payments. If a bona fide dispute arises with respect to any invoice,
Subscriber shall not be deemed in default under the Agreement and the Parties shall not suspend the
performance of their respective obligations hereunder, including payment of undisputed amounts owed
hereunder. If an amount disputed by Subscriber is subsequently deemed to have been due pursuant to
the applicable invoice, interest shall accrue at the Stated Rate on such amount from the date becoming
past due under such invoice until the date paid.
6.6 Billing Adjustments Following NSP Billing Adjustments. If, as a result of an NSP
billing adjustment, the quantity of Delivered Energy is decreased (the “Electricity Deficiency
Quantity”) and NSP reduces the amount of Bill Credits allocated to Subscriber for such period,
Operator will reimburse Subscriber for the amount paid by Subscriber in consideration for the
Electricity Deficienc y Quantity. If as a result of such adjustment the quantity of Delivered Energy
allocated to Subscriber is increased (the “Electricity Surplus Quantity”) and NSP increases the amount
of Bill Credits allocated to Subscriber for such period, Subscriber will pay for the Electricity Surplus
Quantity at the kWh Rate applicable during such period.
7. GENERAL COVENANTS.
7.1 Operator’s Covenants. Operator covenants and agrees to the following:
(a) Notice of Damage or Emergency. Operator will within 3 business days notify
Subscriber if it becomes aware of any significant damage to or loss of the use of the System or that could
reasonably
be expected to adversely affect the System.
(b) System Condition. Operator shall make commercially reasonable efforts to ensure
that the System is capable of operating at a commercially reasonable continuous rate.
(c) Governmental Approvals. While providing the Installation Work and System
Operations, Operator shall obtain and maintain and secure all Governmental Approvals required to be
obtained and maintained and secured by Operator and to enable Operator to perform such obligations.
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(d) Interconnection Fees. Operator is responsible for all costs, fees, charges and
obligations required to connect the System to the NSP distribution system, including fees associated
with system upgrades, production, and operation and maintenance carrying charges, as provided in the
Interconnection Agreement (“Interconnection Obligations”). In no event shall Subscriber be
responsible for any Interconnection Obligations.
(e) Compliance with PPA, Tariff and Interconnection Agreement . Operator shall cause
the
System to be designed, installed and operated in compliance with the PPA, the Tariff and the
Interconnection Agreement.
(f) The PPA requires that Operator (as opposed to NSP) is responsible for answering all
questions from Subscriber regarding its participation in the Solar System. Operator is solely
responsible for resolving disputes with NSP or Subscriber regarding the accuracy of Subscriber’s
Allocated Percentage and the Delivered Energy allocated to Subscriber in connection therewith.
Notwithstanding the foregoing, Subscriber acknowledges that NSP is responsible for resolving disputes
with Subscriber regarding the applicable rate used to determine the Bill Credit.
(g) The Operator is duly organized and validly existing and in good standing in the
jurisdiction of its organization, and authorized to do business in the State of Minnesota.
7.2 Subscriber’s Covenants. Subscriber covenants and agrees as follows:
(a) Consents and Approvals. Subscriber will ensure that any authorizations required of
Subscriber under this Agreement are provided in a timely manner. To the extent that only Subscriber
is authorized to request, obtain or issue any necessary approvals, rebates or other financial incentives,
Subscriber will cooperate with Operator to obtain such approvals, rebates or other financial incentives.
(b) Subscriber Agency and Consent Form. On the Effective Date, Subscriber will execute
and deliver to Operator a Subscriber Agency Agreement and Consent Form in the form attached hereto
as Exhibit A. Subscriber acknowledges that such agreement is required of Subscriber pursuant to the
PPA.
7.3 Minimum Production; Lost Production Payments.
(a) Estimated Annual Delivered Energy is calculated by multiplying estimated output from the
System (using PVSYST software) by the availability factor estimated by Operator while allowing for a
0.7% annual degradation of the System. The Subscriber’s Estimated Annual Delivered Energy is the
Subscriber’s Allocated Percentage multiplied by the Estimated Annual Delivered Energy delivered by
the System.
(b) Operator hereby guarantees that the Subscriber’s Allocated Percentage of Delivered Energy
will be at least eighty five percent (85%) of the Subscriber’s Estimated Annual Delivered Energy (the
“Guaranteed Output”); provided that the Estimated Annual Delivered Energy shall be adjusted for (i)
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Force Majeure Events, (ii) weather and (iii) decreases in Delivered Energy resulting from an emergency
situation that threatens injury to persons or property that was not a result of the acts or omissions of
Operator.
7.4 Delivery Shortfalls. If, at the end of a Contract Year, the Subscriber’s Allocated
Percentage of Delivered Energy for such Contract Year is less than the Guaranteed Output (the
“Shortfall Amount”), then Operator shall pay Subscriber an amount equal to the excess, if any, of (1) the
difference between the Bill Credits that Subscriber would have received and the Payments that would
have been due had the Shortfall Amount been delivered over (2) the difference between the Bill Credits
that Subscriber actually received and the Payments that were actually received, in each case with respect
to such Contract Year. Operator shall make such payment within forty five (45) days of the end of each
Contract Year.
8. REPRESENTATIONS & WARRANTIES.
8.1 Representations and Warranties Relating to Agreement Validity. In addition to any
other representations and warranties contained in the Agreement, each Party represents and warrants to
the other as of the date of this Agreement and on the Effective Date that:
(a) it is duly organized, validly existing and in good standing in the jurisdiction
of its organization and it has the full right and authority to enter into, execute, deliver, and
perform its obligations under the Agreement;
(b) it has taken all requisite corporate or other action to approve the execution, delivery,
and performance of the Agreement;
(c) the Agreement constitutes its legal, valid and binding obligation enforceable against such
Party 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;
(d) there is no litigation, action, proceeding or investigation pending or, to the best of its
knowledge, threatened before any court or other Governmental Authority by, against, affecting or
involving any of its business or assets that could reasonably be expected to adversely affect its ability to
carry out the transactions contemplated herein; and
(e) its execution and performance of the Agreement and the transactions contemplated
hereby do not constitute a breach of any term or provision of, or a default under, (i) any contract or
agreement to which it or any of its Affiliates is a party or by which it or any of its Affiliates or its or
their property is bound, (ii) its organizational documents, or (iii) any Applicable Laws.
8.2 Specific Representations and Warranties of Subscriber. Subscriber represents
and warrants to Operator as of the date of this Agreement and on the Effective Date that:
(a) Subscriber is the sole party in interest agreeing to purchase Subscriber’s Allocated
Percentage and is acquiring Subscriber’s Allocated Percentage for its own account, and not with a view
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to the resale or other distribution thereof, in whole or in part, and agrees that it will not transfer, sell or
otherwise dispose of Subscriber’s Allocated Percentage in any manner that will violate applicable
securities law;
(b) Subscriber is not relying on (i) Operator, or (ii) other subscribers, or any of the
employees, members of boards of directors (or equivalent body) or officers, of those parties, or
this Agreement with respect to tax and other economic considerations involved in the Agreement
(c) Subscriber’s Allocated Percentage, combined with any other distributed resources
serving the Service Address, represents no more than 120 percent of Subscriber’s average annual
consumption at the Service Address over the last twenty-four (24) months; and
(d) Subscriber is a retail electric service customer of NSP and the Service Address is
within the same county or contiguous county as the Solar System.
(e) Subscriber is not exempt from the Solar Energy Standard under Minnesota Statutes
Section 216B.1691, subd. 2f(d).
8.3 Exclusion of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 3.1,
4.1, 7.1, THIS SECTION 8, THE INSTALLATION WORK, SYSTEM OPERATIONS AND
PERFORMANCE PROVIDED BY OPERATOR TO SUBSCRIBER UNDER THIS AGREEMENT
SHALL BE “AS-IS WHERE-IS.” NO OTHER WARRANTY TO SUBSCRIBER OR ANY OTHER
PERSON, WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO THE
INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY,
COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY
PARTICULAR PURPOSE OF THE SYSTEM OR ANY OTHER SERVICE PROVIDED
HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED BY OPERATOR.
9. TAXES AND GOVERNMENTAL FEES. Operator is responsible for all income, gross receipts, ad
valorem, personal property or real property or other similar taxes and any and all franchise fees or
similar fees assessed against it due to its ownership of the System. Operator is not obligated for any
taxes payable by or assessed against Subscriber based on or related to Subscriber’s overall income or
revenues.
10. FORCE MAJEURE.
10.1 Definition. “Force Majeure Event” means any act or event that prevents the affected
Party from performing its obligations in accordance with the Agreement, if such act or event is beyond
the reasonable control, and not the result of the fault or negligence, of the affected Party and such
Party had been unable to overcome such act or event with the exercise of due diligence (including the
expenditure of reasonable sums). Subject to the foregoing conditions, “Force Majeure Event” shall
include the following acts or events: (i) natural phenomena, such as storms, hurricanes, floods,
lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning or other
causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii)
acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts,
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or rebellion; (iv) strikes or labor disputes (except strikes or labor disputes caused solely by employees
of Operator as a result of such Party’s failure to comply with a collective bargaining agreement); (v)
action or inaction by a Governmental Authority (unless Subscriber is a Governmental Authority and
Subscriber is the Party whose performance is affected by such action nor inaction); and (vi) any event
of force majeure under the PPA. A Force Majeure Event shall not be based on the economic hardship
of either Party.
10.2 Excused Performance. Except as otherwise specifically provided in the Agreement,
neither Party shall be considered in breach of the Agreement or liable for any delay or failure to comply
with the Agreement (other than the failure to pay amounts due hereunder), if and to the extent that such
delay or failure is attributable to the occurrence of a Force Majeure Event; provided that the Party
claiming relief under this Article 10 shall immediately (i) notify the other Party in writing of the
existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to minimize delay
caused by such Force Majeure Event, (iii) notify the other Party in writing of the cessation or termination
of said Force Majeure Event and (iv) resume performance of its obligations hereunder as soon as
practicable thereafter; provided, however, that Subscriber shall not be excused from making any
payments and paying any unpaid amounts due in respect of Subscriber’s Allocated Percentage of
Delivered Energy prior to any performance interruption due to a Force Majeure Event.
10.3 Termination for Force Majeure. Either Party may terminate this Agreement upon 15
days written notice to the other Party if any Force Majeure Event affecting such other Party has been in
existence for a period of 180 consecutive days or longer, unless such Force Majeure Event expired before
the end of the 15 day notice period.
11. DEFAULT.
11.1 Operator Defaults and Subscriber Remedies.
(a) Operator Defaults. The following events are defaults with respect to Operator (each, an
“Operator Default”):
(i) A Bankruptcy Event occurs with respect to Operator;
(ii) Operator fails to pay Subscriber any undisputed amount owed under the
Agreement within 30 days from receipt of notice from Subscriber of such past due amount;
(iii) Operator breaches any material term of the Agreement and (A) such
breach can be cured within 30 days after Subscriber’s written notice of such breach and Operator
fails to so cure, or (B) Operator fails to commence and pursue a cure within such 30 day period if a
longer cure period is needed; and
(iv) The PPA is terminated for any reason.
(b) Subscriber’s Remedies. If an Operator Default described in Section 11.1(a) has occurred
and results in the failure or inability of the Solar System to produce Delivered Energy over a
period of 180 consecutive days, in addition to other remedies expressly provided herein, and
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subject to Article 15, Subscriber may terminate the Agreement and exercise any other remedy it
may have at law or equity or under the Agreement. In the event of such termination, Subscriber
shall use reasonable efforts to mitigate its damages.
11.2 Subscriber Defaults and Operator’s Remedies.
(a) Subscriber Default. The following events shall be defaults with respect to Subscriber
(each, a “Subscriber Default”):
(i) A Bankruptcy Event occurs with respect to Subscriber;
(ii) Subscriber fails to pay Operator any undisputed amount due Operator under the
Agreement within 30 days from receipt of notice from Operator of such past due amount; and
(iii) Subscriber breaches any material term of the Agreement and (A) if such breach can be
cured within 30 days after Operator’s notice of such breach and Subscriber fails to so cure, or (B)
Subscriber fails to commence and pursue said cure within such 30 day period if a longer cure
period is needed.
(iv) This Agreement is terminated pursuant to Section 2.2(i).
(b) Operator’s Remedies. If a Subscriber Default described in Section 11.2(a) has
occurred and is continuing, in addition to other remedies expressly provided herein,
Operator may (i) terminate this Agreement and collect the Termination Fee; provided that
if within three years after collecting the Termination Fee, Operator sells all of Subscriber’s
Allocated Percentage (after making commercially reasonable efforts to do so and after
filling any pre-existing unsubscribed portion of the Delivered Energy), then Subscriber
will be entitled to recover from Operator an amount equal to the net present value, using a
discount rate of 5.5%, ascribed by Operator to such new subscriber’s subscription minus
the costs Operator incurred to sell Subscriber’s Allocated Percentage (including marketing
costs associated with finding a new subscriber), (ii) sell Subscriber’s Allocated Percentage
to one or more persons other than Subscriber, and (iii) exercise any other remedy it may
have at law or equity or under the Agreement. In the event of any such termination,
Operator shall use reasonable efforts to mi tigate its damages.
12. ASSIGNMENT.
12.1 Assignment by Operator. Operator shall not sell, transfer or assign
(collectively, an “Assignment”) the Agreement or any interest therein, without the prior written
consent of Subscriber, which shall not be unreasonably withheld. Operator shall provide
Subscriber with such information concerning the proposed transferee (including any person or
entity liable for the performance of the terms and conditions of this Agreement) as may be
reasonably required to ascertain whether the conditions upon Subscriber’s approval to such
proposed assignment have been met.
Notwithstanding the forgoing, Operator may, without the consent of Subscriber, (1) transfer, pledge
or assign all or substantially all of its rights and obligations hereunder to a Financing Party as
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security for any financing and/or sale-leaseback transaction or to an affiliated special purpose entity
created for the financing or tax credit purposes related to System, (2) after the Commercial
Operation Date, transfer or assign this Agreement to any person or entity succeeding to all or
substantially all of the assets of Operator, (3) assign this Agreement to one or more affiliates; or (4)
assign its rights under this Agreement to a successor entity in a merger or acquisition transaction;
provided, however, that any assignee under clauses (2)-(4) shall agree to be bound by the terms and
conditions hereof. Subscriber agrees to provide acknowledgments, consents or certifications
reasonably requested by any Lender in conjunction with any financing of the System. In the event
that Operator identifies such secured Financing Party, then Subscriber shall comply with the
provisions set forth in Exhibit E to this Agreement. Any Financing Party shall be an intended third-
party beneficiary of this Section 12.1.
Operator’s request for Subscriber’s consent to any assignment must be in writing and provided to
Subscriber at least 10 business days before the proposed effective date of the assignment . Operator
shall include with such request contact information for the assignee.
12.2. Acknowledgment of Collateral Assignment. If Operator identifies a secured Financing
Party and Subscriber consents to the collateral assignment under Section 12.1, then Subscriber
acknowledges and agrees:
(a) to the collateral assignment by Operator to the Financing Party, of Operator’s right, title
and interest in, to and under the Agreement, as consented to under Section 12.1 of the Agreement.
(b) that the Financing Party as such collateral assignee is entitled to exercise any and all
rights of lenders generally with respect to Operator’s interests in this Agreement.
Any Financing Party is an intended third-party beneficiary of this Section 12.2.
12.3 Assignment by Subscriber.
(a) Subscriber will not assign this Agreement or any interest herein, without the prior
written consent of Operator; provided however that Operator shall not unreasonably withhold condition
or delay its consent for Subscriber to change the Service Address for which the Bill Credits will apply to
another Service Address.
(c) Subscriber’s request for Operator’s consent to any proposed change or assignment as
contemplated in Section 12.3(a) must be in writing and provided to Operator at least 30 days before the
proposed effective date of such change or assignment, which request must include: (i) Subscriber's name
and mailing address; (ii) the current Service Address; (iii) the new Service Address (if applicable); (iv)
the name of the individual or entity to whom Subscriber is requesting to assign this Agreement (if
applicable) and the consideration (if any) proposed to be provided to Subscriber for such assignment;
and (v) the proposed effective date of such proposed change or assignment. In the case of any
assignment of this Agreement in whole or in part to another individual or entity, (i) such assignee's
Service Address shall be located within NSP’s service territory and within the same county as the Solar
System or a contiguous county, (ii) such assignee shall be Creditworthy and shall execute a new
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Minnesota Community Solar Program Subscription Agreement substantially in the same form as this
Agreement, specifically including the representations and warranties in Section 8.2; and (iii) the value
of any consideration to be provided to Subscriber for assignment of this Agreement may not exceed the
aggregate amount of Bill Credits that have accrued to Subscriber, but have not yet been applied to
Subscriber’s monthly invoice(s) from NSP.
(c) Upon any assignment of this Agreement pursuant to this Section 12.3, Subscriber will
surrender all right, title and interest in and to this Agreement. Any purported assignment in contravention
of this Section 12.3 shall be of no force and effect and null and void ab initio. No assignment will extend
the Term of this Agreement. If Subscriber terminates its retail electric service with NSP or moves
outside of NSP territory without first transferring Subscriber’s Allocated Percentage to an eligible
transferee, Subscriber will forfeit its right to receive Bill Credits, but will continue to be responsible for
the Payments under this Agreement until Subscriber’s Allocated Percentage is transferred or this
Agreement terminates pursuant to its terms.
13. NOTICES.
13.1 Notice Addresses. Unless otherwise provided in the Agreement, all notices and
communications concerning the Agreement shall be in writing and addressed to the other Party (or
Financing Party, as the case may be) at the addresses below, or at such other address as may be
designated in writing to the other Party from time to time.
Subscriber: Operator:
City of St Anthony Village NRG MN Community LLC
3301 Silver Lake Road c/o NRG Renew LLC
St. Anthony, MN 55418 5790 Fleet Street, Suite 200
Carlsbad, CA 92008
Attention: General Counsel
Financing Party:
[To be provided by Owner when known]
13.2 Notice. Unless otherwise provided herein, any notice provided for in the Agreement
shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial
overnight delivery service, or transmitted by email and shall be deemed delivered to the addressee or its
office when received at the address for notice specified above when hand delivered, upon confirmation of
sending when sent by email (if sent during normal business hours or the next Business Day if sent at any
other time), on the Business Day after being sent when sent by overnight delivery service, or 5 Business
Days after deposit in the mail when sent by U.S. mail.
13.3 Address for Invoices. All invoices under the Agreement shall be sent to the address
provided by Subscriber. Invoices shall be sent by regular first class mail postage prepaid.
14. DATA PRACTICES.
14.1 Data Practices. (a) Consistent with Minnesota Statutes, section 13.05, subdivision 6, if any data on
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individuals is made available to the Operator by the Subscriber under this Agreement, the Operator will
administer and maintain any such data in accordance with Minnesota Statutes, Chapter 13 (the
“Minnesota Government Data Practices Act”), and any other statutory provisions applicable to the data.
If and to the extent that Minnesota Statutes, section 13.05, subdivision 11, is applicable to this Contract,
then: i) all of the data created, collected, received, stored, used, maintained, or disseminated by the
Operator in performing this Agreement are subject to the requirements of the Minnesota Government
Data Practices Act; ii) the Operator must comply with those requirements as if it were a government
entity; and iii) the remedies in Minnesota Statutes, section 13.08 apply to the Operator.
(b) Consistent with Minnesota Statutes, section 13.055, if “private data on individuals,” “confidential
data on individuals” or other “not public data” are provided to or made accessible to the Operator by the
Subscriber, the Operator must: i) have safeguards to ensure private or confidential data on individuals or
other not public data are only accessible or viewable by Operator employees and agents whose work
assignments in connection with the performance of this Agreement reasonably require them to have
access to the data; ii) immediately notify the Subscriber of any unauthorized access by Operator
employees and agents, and unauthorized access by third parties; iii) fully cooperate with Subscriber
investigations into any breach in the security of private or confidential data on individuals or other not
public data that may have occurred in connection with the Operator’s access to or use of the data; and
iv) fully cooperate with the Subscriber in fulfilling the notice and reporting requirements of Minnesota
Statutes, section 13.055. The penalties in Minnesota Statutes, section 13.09 governing unauthorized
acquisition of not public data apply to the Operator and Operator employees and agents. If the Operator
is permitted to use a subcontractor to perform Operator’s work under this Agreement, the Operator shall
incorporate these data practices provisions into the subcontract.
If the Operator receives a request to release data referred to in this section, the Operator must
immediately notify the Subscriber. The Subscriber will give the Operator instructions concerning the
release of the
data to the requesting party before the data is released.
14.2 Data Sharing. Operator may share data with NSP in accordance with the terms set forth in
the attached Subscriber Agency Agreement and Consent Form.
15. INSURANCE
15.1 Insurance. With respect to the services provided pursuant to this
Agreement, Operator shall at all times during the term of this Agreement and beyond such term when
so required have and keep in force the following insurance coverages:
Limits
1. Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate
$2,000,000
Products—Completed Operations Aggregate 2,000,000
Personal and Advertising Injury
Each Occurrence—Combined Bodily
Injury and Property Damage
1,500,000
1,500,000
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2.
Workers’ Compensation and Employer’s Liability:
Workers’ Compensation
If Operator is based outside the state of Minnesota,
coverage must comply with Minnesota law.
Statutory
Employer’s Liability. Bodily injury by:
Accident—Each Accident 500,000
Disease—Policy Limit 500,000
Disease—Each Employee 500,000
An umbrella or excess policy over primary liability insurance coverages is an acceptable
method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole responsibility of
Operator to determine the need for and to procure additional insurance which may be
needed in connection with this Agreement. Upon written request, Operator shall
promptly submit copies of insurance policies to Subscriber.
Operator shall not commence work until it has obtained required insurance and filed with
Subscriber a properly executed Certificate of Insurance establishing compliance. The
certificate(s) must name Subscriber as the certificate holder and as an additional insured
for the liability coverage(s) for all operations covered under the Agreement. Operator
shall furnish to Subscriber updated certificates during the term of this Agreement as
insurance policies expire.
15.2 Limitation of Liability. The Parties will not be liable to the other Party for general, special, punitive,
exemplary, indirect, incidental or consequential damages arising from or out of this Agreement. The total
liability of Operator to Subscriber under this Agreement will in no event exceed the aggregate of all
payments made by Subscriber under this Agreement during the preceding twelve (12) months. Prior to
the first anniversary of the Commercial Operation Date, the total liability of Operator to Subscriber under
this Agreement will not exceed the estimated amount of payments for the first calendar year. That amount
will be Subscriber’s sole and exclusive remedy and all other remedies or damages at law or equity are
waived.
16. COMPLIANCE
16.1 The Operator must comply with all applicable federal, state, and local laws, rules, and
regulations, including any ruling of the Minnesota Public Utilities Commission (PUC).
16.2 Under the PUC Order in Docket Number E002/M-13-867, dated, the Operator will, at the request
of Subscriber, provide documentation of continuing viability of the System, including but not limited to
providing proof of sufficient financing; possession of required permits; certification of compliance with
Federal Energy Regulatory Commission Form 556; or proof that the Operator has sufficient insurance to
cover the ongoing installation, operation, or maintenance of the System.
17. MISCELLANEOUS
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17.1 Integration; Exhibits. This Agreement, together with the Exhibits attached hereto,
constitute the entire agreement and understanding between Operator and Subscriber with respect to the
subject matter thereof and supersedes all prior agreements relating to the subject matter hereof. The
Exhibits attached hereto are integral parts of the Agreement and are made a part of the Agreement by
reference.
17.2 Amendments. This Agreement may only be amended, modified or supplemented by an
instrument in writing executed by duly authorized representatives of Operator and Subscriber. To the
extent any amendment changes Subscriber’s Allocated Percentage, such amendment shall include the
representation by Subscriber set forth in Section 8.2(c). If in Operator’s judgment any provision of this
Agreement is reasonably expected to result in Operator’s non-compliance with any provision in the
PPA or the Tariff (as may be amended or revised from), the Parties will exercise commercially
reasonable efforts to negotiate an amendment to this Agreement to conform to the applicable provisions
in the PPA or Tariff.
17.3 Cumulative Remedies. Except as set forth to the contrary herein, any right or remedy of
Operator or Subscriber shall be cumulative and without prejudice to any other right or remedy, whether
contained herein or not.
17.4 Limited Effect of Waiver. The failure of Operator or Subscriber to enforce any
of the provisions of the Agreement, or the waiver thereof, shall not be construed as a general
waiver or relinquishment on its part of any such provision, in any other instance or of any other
provision in any instance.
17.5 Survival. The obligations under Section 8.3 (Exclusion of Warranties), Section 9
(Taxes and Governmental Fees), Section 13 (Notices), Section 14 (Data Practices), Section 15
(Indemnification and Insurance), Section 17 (Miscellaneous), or pursuant to other provisions of this
Agreement that, by their sense and context, are intended to survive termination of this Agreement,
shall survive the expiration or termination of this Agreement for the period of the applicable statute
of limitation.
17.6 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota without reference to any choice of law principles. The
Parties agree that the courts of Minnesota and the federal Courts sitting therein shall have
jurisdiction over any action
or proceeding arising under the Agreement to the fullest extent permitted by Applicable Law.
17.7 Severability. If any term, covenant or condition in the Agreement shall, to any
extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of the
Agreement shall not be affected thereby, and each term, covenant or condition of the Agreement
shall be valid and enforceable to the fullest extent permitted by Applicable Law and, if appropriate,
such invalid or unenforceable provision shall be modified or replaced to give effect to the underlying
intent of the Parties and to the intended economic benefits of the Parties.
17.8 Relation of the Parties. The relationship between Operator and Subscriber shall not
be that of partners, agents, or joint ventures for one another, and nothing contained in the Agreement
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shall be deemed to constitute a partnership or agency agreement between them for any purposes,
including federal income tax purposes. Operator and Subscriber, in performing any of their
obligations hereunder, shall be independent contractors or independent parties and shall discharge
their contractual obligations at their own risk.
17.9 Successors and Assigns. This Agreement and the rights and obligations under the
Agreement are binding upon and shall inure to the benefit of Operator and Subscriber and their
respective successors and permitted assigns.
17.10 Counterparts. This Agreement may be executed in one or more counterparts, all of
which taken together shall constitute one and the same instrument
17.11 No Reliance. Subscriber is not relying on any representation, warranty or promise
with respect to the Solar*Rewards Community Solar Program or the Solar System made by or on
behalf of NSP or Operator, except to the extent specifically stated in this Agreement.
17.12 Records-Keeping. Operator will maintain books, records, documents and other evidence
directly pertinent to performance of the work under this Agreement in accordance with generally
accepted accounting and utility metering principles and practices, including all meter production records
and adjustments thereto. Operator will also maintain the financial information and data used in
preparation or support of the cost submission for any negotiated Agreement amendment and provide
electronic, printed or copied documentation to the Subscriber as requested. These books, records,
documents, and data must be retained for at least 6 years after the term of the Agreement, except in the
event of litigation or settlement of claims arising from the performance of this Agreement, in which case
the Operator agrees to maintain them until the Subscriber and any of its duly authorized representatives
have disposed of the litigation or claims.
17.13 Audit. As required by Minnesota Statutes, section 16C.05, subdivision 5, the
records, books, documents, and accounting procedures and practices of the Operator and of any
subcontractor relating to work performed pursuant to this Agreement shall be subject to audit and
examination by the Subscriber and the Legislative Auditor or State Auditor. The Operator and
any subcontractor shall permit the Subscriber or its designee to inspect, copy, and audit its
accounts, records, and business documents at any time during regular business hours, as they may
relate to the performance under this Agreement. Audits conducted by the Subscriber under this
provision shall be in accordance with generally accepted auditing standards. Financial adjustments
resulting from any audit by the Subscriber shall be paid in full
within thirty (30) days of the Operator's receipt of audit.
17.14 Dispute Resolution. Claims by the Operator disputing the meaning and intent of this
Agreement or arising from performance of this Agreement must be referred in writing to the General
Manager of Environmental Services of Subscriber for a written decision within 60 days after the dispute
arises. The General Manager of Environmental Services or his/her designee must respond to the Operator
in writing with a decision within 60 calendar days following receipt of the Operator’s claim. Submission
of a dispute or claim to
Dispute Resolution is a condition precedent to the Operator initialing any litigation relating to this
Agreement.
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Pending final decision of a dispute, the Parties will proceed diligently with the
performance of the Agreement. Failure by the Operator comply precisely with the time deadlines
under this paragraph as to any claim shall operate as a release of that claim and a presumption of
prejudice to the Subscriber.
17.15 Goodwill and Publicity. Operator shall have the right to use graphical
representations or photography of the System in marketing and promotional materials. Subscriber
agrees to the use by Operator of Subscriber’s name as a subscriber, if applicable, in Operator’s
marketing materials in connection with the System and any future Community Solar Garden
program or similar projects undertaken by Operator. Operator agrees not to disclose any other
Subscriber information in connection with Operator’s marketing and promotional materials.
Subscriber agrees not to use Operator’s name, logo, trademark, trade name, service mark, or other
Operator intellectual property in any marketing or promotional materials without the prior written
consent of Operator. To avoid any conflicts with fair trade rules regarding claims of solar or
renewable energy use and to help ensure that Environmental Attributes will be certified by Green-
e® or a similar organization, Subscriber and Operator will consult with each other about press
releases or public communications to help ensure that the Operator's rights to claim Environmental
Attributes are not compromised while allowing both Parties to claim publicity. This section will
not be construed to require Subscriber to obtain consent for any postings or publications required
by law or undertaken by Subscriber in its capacity as a government entity.
17.16 Trade Secret Data Provided to Governmental Entities. Operator may provide data
that it designates as trade secret to Subscriber. Under Minnesota Statutes section 13.37,
subdivision 1(b), Subscriber is responsible for determining whether data marked as trade secret by
Operator qualifies as trade secret under the law. For Operator data that Subscriber determines is
trade secret, Subscriber will not share the data with any other Person or entity except as required
by law. If Subscriber receives a request under the Minnesota Government Data Practices Act for
access to data that Operator designated as trade secret but subscriber has determined is not trade
secret, then Subscriber will use its best efforts to give the Operator ten (10) days’ notice before
releasing the data in order to permit the Operator to exercise whatever legal remedies are available
to the Operator to prevent such disclosure.
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IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their duly authorized
officers on the dates set forth below.
“OPERATOR”
By:
Name:
Title:
Date:
City of St Anthony Village
By:
Name:
Title:
Date:
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Exhibit A
Insert form of Subscriber Agency Agreement and Consent Form as required by PPA
Solar*Rewards Community
Subscriber Agency Agreement and Consent Form
The undersigned (“Subscriber”) has a Subscription to the following Community Solar Garden:
By signing this Solar*Rewards Community Subscriber Agency Agreement and Consent Form, the Subscriber agrees to all of the
following:
Community Solar Garden Name: Community Solar Garden Address:
Community Solar Garden Operator:
Community Solar Garden contact
information for Subscriber questions and
complaints:
Address (if different from above);
_____________________________________
_____________________________________
Telephone number: ____________________
Email address: ________________________
Web Site URL: ________________________
Subscriber Name:
Subscriber Service Address where
receiving electrical service from Northern
States Power Company:
Subscriber’s Account Number with
Northern States Power Company:
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1. Assignment of Renewable Energy Credits (“RECs”), Energy and Capacity to Northern States Power Company, a
Minnesota corporation. The Subscriber agrees that the Community Solar Garden Operator has authority to assign all energy
produced and capacity associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power
Company, and the Subscriber agrees that all energy produced, and capacity associated with the Subscriber’s share of the
photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. The Subscriber
also agrees that the Community Solar Garden Operator has authority to assign all RECs associated with the photovoltaic energy
system at the Community Solar Garden to Northern States Power Company, and that if the Community Solar Garden or a person
or entity on its behalf has assigned the RECs to Northern States Power Company, then all RECs associated with the Subscriber’s
share of the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company.
2. Tax Implications. The Community Solar Garden Operator has provided the Subscriber with a statement that
Northern States Power Company makes no representations concerning the taxable consequences to the Subscriber with respect to
its Bill Credits to the Subscriber or other tax issues relating to participation in the Community Solar Garden.
3. Northern States Power Company hereby discloses to the Subscriber that it recognizes that not all production risk
factors, such as grid-failure events or atypically cloudy weather, are within the Community Solar Garden Operator’s control.
4. Information Sharing. Participating in the Solar*Rewards Community Program will require sharing Subscriber’s
Account Information (name, account number, service address, telephone number, email address, web site URL, information on
Subscriber participation in other distributed generation serving the premises of the Subscriber, Subscriber specific Bill Credit(s))
and Subscriber’s Energy Use Data (the past, present and future electricity usage attributable to the Subscriber for the service
address and account number identified for participation in the Community Solar Garden). The following outlines the type of
information that will be shared, and how that information will be used.
a. Subscriber’s Account Information and Subscriber Energy Usage Data. The Subscriber authorizes Northern States
Power Company to provide the Community Solar Garden Operator (and the Community Solar Garden Operator’s designated
subcontractors and agents) with the Subscriber’s Account Information and Subscriber’s Energy Usage Data as described in
Section 4 above. This information is needed to allow the Community Solar Garden Operator determine the extent to which the
Subscriber is entitled to participate in the Community Solar Garden, and to validate the amount of the Bill Credits to be provided
by Northern States Power Company to the Subscriber. The current data privacy policies of Northern States Power Company
applicable to its Solar*Rewards Community Program provided to the Subscriber by the Community Solar Garden Operator
pursuant Section 3 above are attached as Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and
Consent Form. These privacy policies include definitions of “Subscriber’s Account Information” and “Subscriber’s Energy
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Usage Data.”
b. Subscriber’s Subscription Information: The Subscriber authorizes the Community Solar Garden Operator to provide
information to Northern States Power Company identifying the Subscriber (with the Subscriber’s name, service address, and
account number) and detailing the Subscriber’s proportional share in kilowatts of the Community Solar Garden and to provide
additional updates of this information to Northern States Power Company as circumstances change. This information is needed to
allow Northern States Power Company to properly apply Bill Credits for the photovoltaic energy generated by the Community
Solar Garden. Also, this information is needed to allow Northern States Power Company to send to the Subscriber notices or
other mailings pertaining to their involvement in the Solar*Rewards Community Program. The Community Solar Garden
Operator shall not disclose Subscriber information in annual reports or other public documents absent explicit, informed consent
from the Subscriber. The Community Solar Garden Operator will not release any Subscriber data to third parties except to fulfill
the regulated purposes of the Solar*Rewards Community Program, to comply with a legal or regulatory requirement, or upon
explicit, informed consent from the Subscriber.
c. Aggregated Information. Aggregated information concerning production at the Community Solar Garden may be
publicly disclosed to support regulatory oversight of the Solar*Rewards Community Program. This includes annual reports
available to the public related to specific Community Solar Gardens, including but not limited to production from the Community
Solar Gardens; size, location and the type of Community Solar Garden subscriber groups; reporting on known complaints and the
resolution of these complaints; lessons learned and any potential changes to the Solar*Rewards Community Program; reporting
on Bill Credits earned and paid; and reporting on the application process. Aggregated information will not identify individual
Subscribers or provide Subscriber-Specific Account Information, Subscriber-Specific Energy Usage Data or Subscriber-specific
Bill Credits unless a Subscriber provides explicit informed consent. Depending on the nature of the aggregated information,
however, it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar
Garden. The Subscriber agrees to the inclusion of its production information in the creation of the aggregated information.
The Community Solar Garden Operator will not use aggregated information for purposes unrelated to the Solar*Rewards Community
Program without first providing notice and obtaining further consent, unless the aggregated information is otherwise available as
public information. The policies of Northern States Power Company related to sharing aggregated information are part of the data
privacy policies contained in the attached Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and
Consent Form and should be provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above.
d. Information Requests from the MPUC or the Department of Commerce. The Subscriber agrees that the Community
Solar Garden Operator and Northern States Power Company are authorized to provide any information they possess related to the
Subscriber or the Subscriber’s participation in the Community Solar Garden to the Minnesota Public Utilities Commission
(MPUC), the Minnesota Department of Commerce, or the Minnesota Office of Attorney General. This information is needed to
allow proper regulatory oversight of Northern States Power Company and of the Solar*Rewards Community Program.
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e. Liability Release. Northern States Power Company shall not be responsible for monitoring or taking any steps to
ensure that the Community Solar Garden Operator maintains the confidentiality of the Subscriber’s Account Information, the
Subscriber’s Energy Usage or the Bill Credits received pertaining to the Subscriber’s participation in the Community Solar
Garden. However, Northern States Power Company shall remain liable for its own inappropriate release of Subscriber’s Account
Information and Subscriber’s Energy Use Data.
f. Duration of Consent. The Subscriber’s consent to this information sharing shall be ongoing for the Term of the
Contract between the Community Solar Garden Operator and Northern States Power Company, or until the Subscriber no longer
has a Subscription to the Community Solar Garden and the Community Solar Garden Operator notifies Northern States Power
Company of this fact through the CSG Application System. Provided, however, the Subscriber’s consent shall also apply
thereafter to all such information of the Subscriber pertaining to that period of time during which the Subscriber had a
Subscription to the Community Solar Garden.
g. Modification. The above provisions addressing data privacy and in Exhibit 1 shall remain in place until and unless
other requirements are adopted by the MPUC in its generic privacy proceeding, Docket No. E,G999/CI- 12 1344, or other MPUC
Order. Northern States Power Company shall file necessary revisions to its tariffs and contracts within thirty (30) days of such
Order.
Subscriber’s Name: ___________________________
Subscriber’s Signature: ___________________________
Date: ___________________________
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EXHIBIT B
Certain Agreeme nts for the Benefit of the Financing Parties
1. Lender Conditions. In order to finance the development and operation of the System, Owner
may borrow money from a Lender (as defined in the Agreement). Subscriber acknowledges that
Owner may finance the acquisition, development, installation, operation and maintenance of the
System with financing or other accommodations from one or more financial institutions and that
Owner’s obligations to the Lender may be secured by, among other collateral, a pledge or collateral
assignment of the Agreement and a first priority security interest in the System (collectively, the
“Security Interest”). In order to facilitate the necessary financing, Subscriber consents to
Owner’s granting to the Lender the Security Interest.
Subscriber acknowledges and agrees that: (i) Subscriber and all of Subscriber’s rights under the
Agreement are and will be subject and subordinate to the Security Interest (and as later modified
by any and all renewals, modifications, supplement, amendments, co nsolidations, replacements,
substitutions, additions, and extensions); and (ii) no amendment or modifications of the Agreement
is permitted without the Lender’s written consent.
2. Lender’s Default Rights. If Owner defaults under the financing documents with the Lender, the
following provisions apply:
A. The Lender, through its Security Interest, will be entitled to exercise any of Owner’s rights and
remedies under the Agreement. The Lender will also be entitled to exercise all rights and
remedies of secured parties generally with respect to the Agreement and the System.
B. The Lender will have the right, but not the obligations, to pay all sums due from Owner
under the Agreement and to perform any other act, duty, or obligation required of Owner, and
to cure any default by Owner in the time and manner provided by the terms of the
Agreement. Nothing requires the Lender to cure any default by Owner (an “Owner Default”)
under the Agreement, to perform any act, duty or obligation of Owner under the Agreement,
unless the Lender has succeeded to Owner’s rights under the Agreement, but Subscriber hereby
gives Lender the option to do so.
C. If the Lender exercises its remedies under the Security Interest in the System, including any sale
by the Lender, whether by judicial proceeding or under any power of sale, or any co nveyance
from Owner to Lender (or its assignee) in lieu of sale, the Lender will give Subscriber notice of
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the transfer or assignment of the Agreement. If Lender exercises these remedies, it will not
constitute a default under the Agreement, and will not require Subscriber consent.
D. Upon any rejection or other termination of the Agreement under any process undertaken with
respect to Owner under the United States Bankruptcy Code, Subscriber agrees to enter into a
new agreement with Lender or its assignee under substantially the same terms as the
Agreement if Lender so requests within ninety (90) days of the termination or rejection of the
Agreement.
E. At Owner’s request, Subscriber agrees to execute and deliver to Lender and Owner such
acknowledgment consent as may be required by Lender and in which Subscriber acknowledges
and confirms that the legal and beneficial ownership of the System remains in Owner, or its
affiliate, and that the System is the property of Owner, or its affiliate.
3. Lender’s Right to Cure. Regardless of any contrary terms in the Agreement:
A. Subscriber will not terminate or suspend the Agreement unless Subscriber has given the
Lender prior written notice of Subscriber’s intent to terminate or suspend the Agreement
describing the event giving rise to the alleged Owner Default, and provide the Lender with
the opportunity to cure the Owner Default within sixty (60) days after such notice or any
longer period provided for in the Agreement. If the Owner Default reasonably cannot be cured
by the Lender within the period established under the Agreement, and the Lender commences
and continuously pursues the cure of such Owner Default within that period, the period for
cure will be extended for a reasonable period of time under the circumstances, but not to
exceed an additional thirty (30) days. Owner’s and Subscriber’s respective obligations will
otherwise remain in effect during the cure period.
B. If the Lender or its lawful a ssignee (including any buyer or transferee) acquires title to or
control of Subscriber’s assets and within the applicable time period cures all defaults under the
Agreement existing as of the date of such change in control in the manner required by the
Agreement and which are capable of cure b y a third party, then the Lender or such third party
buyer or transferee will no longer be in default under the Agreement, and the Agreement will
continue in full force and effect.
C. At the request of Lender and/or its assignee, Subscriber agrees to execute and deliver any
document, instrument, or statement (but not including any payment) required by law or
otherwise as reasonably requested by Lender or its assignee in order to create, perfect,
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continue, or terminate the security interest in favor of Lender in all asse ts of Owner, and to
secure the obligations evidences by the Security Interest.
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Schedule 1
Description of System
Solar System Site Location: Cokato Solar Garden Unit 3/Wright County
Site Owned/Controlled by: Operator
Anticipated Commercial
Operation Date: 12/31/16
Solar System Size: 1,000 kw (AC) (representing an initial
estimate, which may vary depending
on the final design of the System)
Retail Service Address:
SLVR Parkshell
3010 29th Ave NE
Saint Anthony, MN 55418
Central Park Pavilion
3503 Silver Lake Rd NE
Saint Anthony, MN 55418
Trillium Park Fountain
2800 Old Highway 8
Saint Anthony, MN 55418
Ice Rink Silver Pt Prk
3010 29th Ave NE
Saint Anthony, MN 55418
Subscribers Allocated
Percentage: Allocated Percentage: 4.0%
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Schedule 2
The kWh Rate shall be 12.2¢/kWh (“kWh Rate”) with 1% annual escalator
Estimated Annual Delivered Energy
Estimated Annual Delivered Energy commencing on the Commercial Operation Date, and continuing
through the Term, with respect to the System under the Agreement shall be as follows:
Year of
System
Term
Estimated Annual
Delivered Energy
Subscriber
Allocated
Percentage
Estimated
Electricity Allocated
to Subscriber kWh Rate
1 1,592,500 4.00% 63,700 $0.1220
2 1,584,538 4.00% 63,382 $0.1232
3 1,576,615 4.00% 63,065 $0.1245
4 1,568,732 4.00% 62,749 $0.1257
5 1,560,888 4.00% 62,436 $0.1270
6 1,553,084 4.00% 62,123 $0.1282
7 1,545,318 4.00% 61,813 $0.1295
8 1,537,592 4.00% 61,504 $0.1308
9 1,529,904 4.00% 61,196 $0.1321
10 1,522,254 4.00% 60,890 $0.1334
11 1,514,643 4.00% 60,586 $0.1348
12 1,507,070 4.00% 60,283 $0.1361
13 1,499,534 4.00% 59,981 $0.1375
14 1,492,037 4.00% 59,681 $0.1388
15 1,484,576 4.00% 59,383 $0.1402
16 1,477,154 4.00% 59,086 $0.1416
17 1,469,768 4.00% 58,791 $0.1431
18 1,462,419 4.00% 58,497 $0.1445
19 1,455,107 4.00% 58,204 $0.1459
20 1,447,831 4.00% 57,913 $0.1474
21 1,440,592 4.00% 57,624 $0.1489
22 1,433,389 4.00% 57,336 $0.1504
23 1,426,222 4.00% 57,049 $0.1519
24 1,419,091 4.00% 56,764 $0.1534
25 1,411,996 4.00% 56,480 $0.1549
* For the purposes of the table Term year 1 shall commence on the Commercial Operation Date
The values set forth in the table above are estimates of (i) the kWhs of Delivered Energy expected to be
generated annually by the System and (ii) the portion of the Delivered Energy generated annually that is
to be allocated to Subscriber pursuant to Subscriber’s Allocated Percentage, which amount is derived by
multiplying the estimated Delivered Energy by the Subscriber’s Allocated Percentage in each year. The
table will be updated upon final design of the System; provided, however, any such updated values shall
also be estimates and in no event shall any such values (whether or not updated) be considered to be
binding in any way on Owner.
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Schedule 3
Termination Fee
Year of System Term
Subscriber Allocated
Percentage Termination Fee
1 4% $75,762
2 4% $74,015
3 4% $72,202
4 4% $70,318
5 4% $68,360
6 4% $66,323
7 4% $64,203
8 4% $61,996
9 4% $59,696
10 4% $57,297
11 4% $54,796
12 4% $52,185
13 4% $49,458
14 4% $46,610
15 4% $43,633
16 4% $40,519
17 4% $37,262
18 4% $33,853
19 4% $30,285
20 4% $26,547
21 4% $22,630
22 4% $18,525
23 4% $14,221
24 4% $9,706
25 4% $4,970
* For the purposes of the table Term year 1 shall commence on the Commercial Operation Date
** The Termination Fee is based on the Subscriber’s Allocated Percentage at the time of termination. The
Termination Fee listed on the Effective Date is based on Subscriber’s Allocated Percentage on the
Effective Date.
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Schedule 4
Legal Description
[To be attached within 120 days of execution of the PPA]
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US Solar Fixed Rate Sunscription℠ Agreement
This Fixed Rate Sunscription Agreement (this “Agreement”) is entered into by and between United
States Solar Corporation (together with its successors and assignees, “US Solar” or “we”) and the
Subscriber described below (together with any permitted transferees, “Project Subscriber” or “you”)
(each a “Party” and collectively the “Parties”) and is effective as of the date signed by the Parties (the
“Effective Date”).
Project
Subscriber:
City of St. Anthony US
Solar℠:
Name
and
Address
3301 Silver Lake Road
St. Anthony, MN 55418
Attn: Mark Casey
Name
and
Address
United States Solar Corporation
100 N 6th Street, Suite 222C
Minneapolis, MN 55403
Attention: MN CSG Notices
Phone (612) 782-3301 Phone (612) 260-2230
E-mail city@ci.saint-anthony.mn.us E-mail info@ussolarcorporation.com
Premises
and Account
Numbers
Account # 51-6616806-5 | Account # 51-6364113-2
Premise # 303220500 | Premise # 303645448
Community
Solar
Garden
Allocation
An amount expected to produce less than 120% of Project Subscriber's average annual historic
electricity usage (net of any other distributed generation resources serving relevant Accounts
and Premises) over the prior twenty four (24) months with respect to its eligible listed Account
and Premises numbers, which is equal to approximately 584,240 kWh, allocated to multiple
Projects (based on the annual estimated generation of the relevant Projects).
This Agreement sets forth the terms and conditions of your subscription to the Community Solar Garden(s)
described in Exhibit B (individually and collectively, as context requires, a “Project”) and installed at the
Community Solar Garden Site(s) described in Exhibit B (individually and collectively, as context requires, a “Project
Site”). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Standard
Contract for Solar Rewards Community contract (“SRC Contract”).
The exhibits listed below are incorporated by reference and made part of this Agreement.
Exhibit A Definitions
Exhibit B Project(s) and Project Site(s)
Exhibit C Bill Credit Types, Current Bill Credit Rates, and Current Sunscription Rates
Exhibit D Estimate of Subscribed Energy
Exhibit E [Reserved]
Exhibit F Form of SRC Contract
Exhibit G Form of Agency Agreement
Exhibit H Project Subscriber Data
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ARTICLE 1
SUBSCRIPTION
1.1 Subscribing to Project Capacity. You are subscribing to the Community Solar Garden
Allocation (“CSG Allocation”) identified for each Project on the front page of this Agreement on the
terms and conditions set forth herein.
1.2 Bill Credit Value. As more fully detailed in the SRC Contract, your CSG Allocation entitles
you to receive a Bill Credit against your monthly retail electrical bill equal to the product of (i) the
amount of your Subscribed Energy for each Production Month, and (ii) your applicable Bill Credit Rate.
Bill Credits are the dollar amounts paid by NSP to you as a credit on your retail electric bill to
compensate you for your beneficial share of the solar electricity produced by the Project and delivered
to NSP from the Project.
1.3 Bill Credit Rate. Bill Credit Rates are found in the CSG Tariff. The Bill Credit Rates in
effect as of the Effective Date are as follows:
Customer Class Bill Credit Type Bill Credit Rate per kWh (AC)
Small General Service Standard $0.12229
Enhanced – Solar Garden > 250 KW (AC) $0.14229
General Service Standard $0.09740
Enhanced – Solar Garden > 250 KW (AC) $0.11740
Your Bill Credit Rate will be updated annually (or otherwise as provided by order of the MPUC)
during the Term only to reflect any updates in the applicable retail rate (labeled the “Standard” rate in
the chart above) with respect to your customer class, as reflected in the CSG Tariff. The amount of the
CSG “Enhanced” rate premium over the Standard rate reflects the value of the Project’s RECs sold and
delivered by us to NSP. Per the CSG Tariff, the amount of CSG “Enhanced” rate premium over the
Standard rate will not change over the Term. The Bill Credit Type, current Bill Credit Rates, and current
Sunscription Rates are located in Exhibit C, which is attached and incorporated by reference.
1.4 Subscribed Energy. The estimated amount of Subscribed Energy produced by your CSG
Allocation over the Term is set forth in Exhibit D.
1.5 Sunscription Rate and Payments.
(a) Your Sunscription Rate for each Project for each Production Month is $0.1179/kWh for
each of your General Service accounts.
(b) The monthly payment amount you owe to US Solar (each, a “Sunscription Payment”) is
equal to the product of (i) your Subscribed Energy produced in a given Production Month, and
(ii) your Sunscription Rate.
(c) We will invoice you monthly for your Sunscription Payments, beginning the first month
after the Date of Commercial Operation (“COD”) of each particular Project, and you agree to
make the full monthly Sunscription Payment within thirty (30) days of receiving our invoice.
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1.6 No Additional Funds. The Sunscription Payments represent full payment by you for your
CSG Allocation subscription, and we have no right to compel you to advance or pay any additional funds
for the construction or maintenance of the Project or your CSG Allocation.
1.7 Ownership Limitation. Project Subscriber is not purchasing, and US Solar is not selling or
transferring to Project Subscriber:
(a) Any ownership or lien in any specific modules or tangible component of the Project;
(b) Any ownership or membership interests or rights in US Solar or any entity which owns
or may subsequently own the Project (for each Project, a “Project Owner”) or any
financial rights or distributions associated with such ownership;
(c) Any right to any payment by NSP to US Solar or the Project Owner with respect to
Unsubscribed Energy;
(d) Any right to manage, direct, control or operate the Project, US Solar or Project Owner;
or
(e) Any RECs produced by the Project or any payment by NSP to US Solar or Project Owner
with respect to unsubscribed RECs.
1.8 Term. The term of the Agreement (“Term”) shall begin on the Effective Date and shall
end, with respect to each Project, twenty five years after the COD of such Project unless otherwise
provided for in this Agreement or to allow for any extension provided under the related SRC Contract.
ARTICLE 2
STANDARD CONTRACT FOR SOLAR REWARDS COMMUNITY
2.1 SRC Contract. With respect to each Project, US Solar or the applicable Project Owner
will enter into the SRC Contract once offered by NSP. The form of the SRC Contract is attached as
Exhibit F. Among other things, the SRC Contract provides for the following:
(a) US Solar acting as the Community Solar Garden Operator;
(b) Sale and delivery to NSP of all electricity and RECs generated by the Project for a term of
twenty five (25) years;
(c) Allocation to Subscribers by NSP of Bill Credits in exchange for delivery by US Solar, or
the applicable Project Owner, of the electricity and RECs generated by the Project; and
(d) US Solar ensuring compliance with the Community Solar Garden Statutory
Requirements (“Eligibility Requirements”), which include eligibility requirements
relating to both the Project and Subscribers.
2.2 Subscriber Agency Agreement and Consent Form. Attached to the SRC Contract is a
Subscriber Agency Agreement and Consent Form (“Agency Agreement”) that you will be required to
sign. The form of the Agency Agreement is attached as Exhibit G. Among other things, the Agency
Agreement provides for the assignment of energy and RECs to NSP and provides information regarding
the following:
(a) Data access, control, and disclosure;
(b) Contacting NSP about certain questions regarding your Bill Credits; and
(c) Contacting US Solar about questions regarding this Agreement, NSP’s data policies, and
Project-related items.
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ARTICLE 3
ELIGIBILITY AND EXCESS BILL CREDIT PURCHASE
3.1 Eligibility Data. You acknowledge that the account data contained in Exhibit H is
complete and accurate and that US Solar may use the data for purposes of confirming your conformance
with the applicable Eligibility Requirements. You agree to provide US Solar and the applicable Project
Owner with any additional information we request to determine, verify, or confirm your eligibility at any
time during the Term.
3.2 Authorization to Access Data. You authorize US Solar and the applicable Project Owner
to use all eligibility data set forth in Exhibit H, as well as your electric bills for each Eligible Address for
the most recent twenty-four (24) months, to assist US Solar and the applicable Project Owner in
confirming your eligibility.
3.3 Credit Information. Subject to the confidentiality and privacy provisions of Section 8.1,
you agree to provide US Solar with information reasonably necessary for US Solar, the Project Owner, or
its Financing Parties to confirm your creditworthiness.
3.4 Excess Bill Credit Purchase. As per the SRC Contract, any excess Bill Credits (i.e., Bill
Credits in a billing period that exceed the amount you owe NSP for your regular retail service in that
period) will be carried forward and credited against all charges for at least a twelve (12) month cycle.
Under the SRC Contract, NSP will be required to purchase from you all such Bill Credits with the billing
statement that includes the last day of February and restart the credit cycle the following period with a
zero credit balance.
ARTICLE 4
US SOLAR RESPONSIBILITIES
4.1 Design and Implementation. We agree to develop, design, finance and construct the
Project(s), including, but not limited to, site acquisition, the filing of interconnection applications and
procurement of an interconnection agreement with NSP, the selection and procurement of Project
components, and the installation and testing of all Project components.
4.2 Application Process. We shall submit each Project to NSP for approval as a Community
Solar Garden (“CSG”) in accordance with the CSG Tariff and shall provide all information required by NSP
to determine the completeness of our application and technical viability of each Project. Once offered
by NSP, we (or the applicable Project Owner) shall enter into the SRC Contract, interconnection
agreement, and other agreements with NSP that may be necessary to qualify each Project as a CSG and
for the Project to operate and deliver energy to NSP.
4.3 Timeliness. In keeping with the time requirements set forth in the SRC Contract, we
shall use commercially reasonable efforts to finish construction and installation of each particular
Project within twenty four (24) months after NSP has deemed complete our CSG application with
respect to such Project.
4.4 Eligibility Compliance. US Solar is responsible for confirming compliance with the
Eligibility Requirements, including verification of the eligibility information you have provided to US
Solar.
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4.5 Maintenance. We will maintain the Project in a prudent manner and in accordance
with industry standards throughout the Term. We will provide you with notice of any material repair or
replacement event that is reasonably anticipated to exceed one hundred eighty (180) days.
4.6 Insurance. We will maintain insurance consistent with the requirements of the SRC
Contract and/or any Financing Party, and shall use commercially reasonable efforts to name Project
Subscriber as an additional insured with respect to commercial general liability insurance procured in
connection therewith.
4.7 Performance Ratio Guarantee. Commencing at the end of the third calendar year
following the year in which the last Project reaches COD, we guarantee that the average annual
Subscribed Energy produced during the prior (3) calendar years (“Average Annual Production”), shall not
be less than eighty-five percent (85%) of your Estimate of Subscribed Energy, as enumerated in Exhibit
D, and as adjusted for weather and Force Majeure events (“Guaranteed Production”), for the applicable
calendar year. In the event your Average Annual Production does not equal or exceed the Guaranteed
Production, we will pay you an amount equal to one thousand dollars ($1,000.00) within forty five (45)
days following the end of the applicable calendar year.
ARTICLE 5
FURTHER INFORMATION
5.1 Unsubscribed Energy. Unsubscribed Energy will be purchased by NSP from the Project in
accordance with the SRC Contract and Applicable Laws.
5.2 Reserves. US Solar will establish reserve funds available for use to maintain the Project
and pay Project operating expenses such as taxes, maintenance, insurance, and management services
for the Term.
5.3 Other Agreements and Documents.
(a) Upon your request we will provide the following when and as available:
i. Copy of the SRC Contract between NSP and the Project Owner;
ii. Copy of the solar module warranty;
iii. Certificate(s) of insurance; and
iv. Long-term maintenance plan.
(b) We will provide you with any other information that you may request, or that we may
be required to deliver, under the CSG Tariff.
(c) You agree to sign an acknowledgment of receipt of any such materials.
5.4 Information Sharing. The Parties acknowledge the Agency Agreement contains certain
provisions relating to “Subscriber Account Information” and “Subscriber’s Energy Use Data” and agree
to adhere to those provisions.
5.5 Fair Disclosure. You acknowledge that, prior to entering into this Agreement and
becoming a Subscriber, we fairly disclosed to you the future potential costs and benefits of your
Subscription and provided you with a copy of the SRC Contract. US Solar will comply with all other
requirements of the MPUC and CSG Tariff with respect to communications with you.
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5.6 Taxes. You recognize that neither we nor NSP makes any representations or warranties
concerning the taxable consequences, if any, to you with respect to your Bill Credits, your Sunscription
Payments, or your participation in the Project. We are responsible for paying the Minnesota Solar
Energy Production Tax, if any, as in effect as of the Effective Date under Minnesota Statutes 272.0295.
We are also responsible for all income, gross receipts, ad valorem, personal property or real property or
other similar taxes and any and all franchise fees or similar fees assessed against us due to our
ownership of the Project. We are not obligated for any taxes payable by or assessed against Project
Subscriber based on or related to Project Subscriber’s overall income or revenues. You are responsible
to either pay or reimburse us for any and all other Taxes assessed on the sale, delivery, or consumption
of your Subscribed Energy or your Bill Credits.
5.7 Securities Laws. Neither we nor NSP makes any representations or warranties
concerning the implication of any federal or state securities laws with respect to this Agreement or your
CSG Allocation. Neither this Agreement nor your CSG Allocation has been registered under the
Securities Act of 1933, as amended, or any state securities laws. US Solar does not believe this
Agreement or the CSG Allocation constitute a security governed by such laws but, in the event any such
securities laws may apply. Project Subscriber agrees that it is not entering into this Agreement or
acquiring the Bill Credits for the purpose of making a market in such interests or trading them on any
securities market or equivalent thereof which might fall within the scope of such laws. You are urged
to seek your own professional advice on these matters.
ARTICLE 6
TRANSFERABILITY
6.1 General. This Agreement and your Bill Credits are Project Subscriber property. Your
ability to continue to receive Bill Credits is dependent upon your continuing compliance with the
applicable Eligibility Requirements and your payment of the Sunscription Payments. This Agreement
and the Bill Credits are transferable only as set forth below. This Agreement and the Bill Credits are not
transferable by you, whether voluntarily or by operation of law, at any time when you are in default
under this Agreement, unless as approved by US Solar.
6.2 Sale or Transfer to Other Eligible Subscribers. You may voluntarily sell or transfer this
Agreement, or any portion of your CSG Allocation (but not less than the minimum set by Eligibility
Requirements), for any reason (but not more than once in any twelve (12) month period) and to any
person or entity who, at the time of the sale or transfer meets applicable Eligibility Requirements for the
relevant Project(s). Any amounts you collect from a transferee in respect of your transfer of this
Agreement, or any portion of your CSG Allocation, belongs to you. Neither US Solar nor a Project Owner
will have any claim or right to any such amounts you may receive.
Your sale or transfer of your CSG Allocation for any Project is expressly conditioned upon:
(a) US Solar receiving at least ninety (90) days’ prior written notice identifying the
prospective purchaser or transferee, providing the physical address at which it takes
electric service from NSP, the NSP account number and all other information needed to
determine its eligibility to be a Subscriber, as well as any other subscriptions in the
relevant Project or other CSGs held by the proposed transferee, and any solar facility
owned or leased by the proposed transferee at the address associated with the
proposed transfer;
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(b) Receipt by US Solar of authorizations from the proposed transferee needed to access
their NSP account data, and receipt by US Solar of usage data at the proposed
transferee’s address needed to calculate its historic electrical usage;
(c) Determination by US Solar that the proposed transferee is eligible to be a Subscriber in
the relevant Project and that its participation as a Subscriber will not cause the Project
to fail any Eligibility Requirement or otherwise fail to comply with any Applicable Laws
or contractual obligations to NSP;
(d) The proposed transferee’s (i) express written assumption of this Agreement or
execution and delivery of a new subscription agreement with US Solar as to the CSG
Allocation on terms acceptable to US Solar, including the cure of any prior defaults
arising under this Agreement; and (ii) execution of an Agency Agreement or any other
document reasonably required by US Solar or NSP to effectuate the transfer and
maintain compliance with the Eligibility Requirements;
(e) The proposed transferee meeting our Financing Parties’ credit requirements; and
(f) US Solar receiving any applicable Cover Cost Amount from Project Subscriber.
US Solar shall notify NSP of any such transfer so that NSP may change the applicable Subscriber
benefits to apply to the transferee’s retail NSP electric account.
6.3 Relocation/Sale of Eligible Address.
(a) If during the Term you move from an Eligible Address and are no longer the NSP
account-holder at that address, you may transfer all or part of your CSG Allocation to
another Eligible Address of yours (new or existing) conditioned on the following:
i. You provide us with at least ninety (90) days’ notice of such transfer; and
ii. We determine that the new address, including the prior electrical usage at that
address, will allow for the transferred CSG Allocation to continue to meet the
applicable Eligibility Requirements.
(b) If during the Term you move from or sell an Eligible Address and are no longer the NSP
account-holder at that address, and you are not relocating to a new Eligible Address or
do not have sufficient subscription capacity an another Eligible Address, before moving
you must either:
i. Sell or transfer the relevant portion of your CSG Allocation in accordance with
Section 6.2. If requested by you, we will use commercially reasonable efforts for
up to one hundred eighty (180) days to assist you in this process; or
ii. Cancel the relevant portion of your CSG Allocation pursuant to Section 10.1 (a)(iii)
below.
(c) You are obligated to maintain compliance with the applicable Eligibility Requirements
and to notify us if you plan to be out of compliance. You acknowledge that your failure
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to maintain compliance with the applicable Eligibility Requirements may result in NSP
not paying you Bill Credits and our cancellation of the relevant CSG Allocation.
(d) This Agreement confers to us no right to interfere with, or require our consent to, your
sale or transfer of your real property, or to Xcel tariff provisions related to the
subscribed Premises.
ARTICLE 7
FINANCING
7.1 Consent. We may, without your prior consent, in whole or in part, (i) assign, mortgage,
pledge or otherwise collaterally assign our interests in this Agreement and the Project to any Financing
Party, (ii) directly or indirectly assign this Agreement and the Project to a Project Owner or an affiliate or
subsidiary of ours, (iii) assign this Agreement and the Project to any entity through which we are
obtaining financing or capital for the Project; and (iv) assign this Agreement and the Project to any
person succeeding to all or substantially all of our assets. In the event of any such assignment (other
than a collateral assignment), we shall be released from all our liabilities and other obligations under
this Agreement upon assumption of our obligations hereunder by the assignee. However, any
assignment of our rights and/or obligations under this Agreement shall not result in any change to your
rights and obligations under this Agreement. A Financing Party may assign its interest at any time, and
without your consent, to another person or another Financing Party. If the Financing Party or its
successor becomes the owner of our interest by foreclosure or otherwise, it may sell or transfer that
interest to any third party without your consent. We must provide notice to you of any assignment or
reassignment of this Agreement to any Financing Parties.
7.2 Changes. You acknowledge that we may obtain construction and long-term financing
from one or more Financing Parties. Both Parties agree in good faith to consider and to negotiate
changes or additions to this Agreement that may be reasonably requested by the Financing Parties;
provided, that such changes do not alter the fundamental economic terms of this Agreement. In
connection with any assignment by us (or the Financing Parties, as described below), you agree to
execute any consent, estoppel or acknowledgement in form and substance reasonably acceptable to the
Financing Parties. If this Agreement applies to more than one Project, you also agree to execute a
separate Agreement for each Project if requested by us in connection with such assignment.
7.3 Notice and Opportunity to Cure. You may not terminate or suspend your performance
due to our Event of Default unless you have given the Financing Parties prior written notice of your
intent to so terminate or suspend this Agreement. In your notice you will describe the circumstances
giving rise to our default, and provide the Financing Parties with the opportunity to cure the default
within thirty (30) days after receipt of such notice or any longer period provided for in this Agreement.
If our default reasonably cannot be cured by the Financing Parties within the period provided and the
Financing Parties commence and pursue to cure of such default within that period, the period for cure
will be extended for a reasonable period of time under the circumstances, but not to exceed an
additional sixty (60) days. The Parties’ respective obligations under this Agreement will otherwise
remain in effect during the cure period. If the Financing Parties or an assignee (including any buyer or
transferee) acquires title to or control of our assets and within the applicable time periods cures all
defaults under this Agreement existing as of the date of such change in control in the manner required
by this Agreement and which are capable of cure by a third party or entity, then such Financing Parties
or third party transferee will no longer be in default under this Agreement, and this Agreement will
continue in full force and effect.
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ARTICLE 8
PRIVACY; CONFIDENTIALITY; TRADE SECRET; PUBLICITY
8.1 Subscriber Data. Other than in accordance with the Agency Agreement, US Solar will
not disclose Project Subscriber’s Account Information, Subscriber Energy Usage Data, Bill Credits or any
other personal information of Project Subscriber to any person except (i) to NSP, to the extent required
by Applicable Laws or the SRC Contract, for the purpose of administration of the Project, Project CSG
eligibility, and Project Subscriber CSG eligibility; (ii) to attorneys, accountants, advisors, and agents of US
Solar to the extent necessary for them to render advice or perform professional services associated with
the Project or this Agreement; (iii) as otherwise required by Applicable Laws. US Solar is not requesting,
and Project Subscriber agrees not to provide US Solar without US Solar’s consent, any “private data on
individuals,” “confidential data on individuals” or other “not public data” on individuals, as those terms
are used and defined the Minnesota Government Data Practices Act.
8.2 Trade Secret Information. We may provide data that we designate as trade secret to
you. Under Minnesota Statutes section 13.37, subdivision 1(b), you are responsible for determining
whether data marked as trade secret by us qualifies as trade secret under the law. For data that you
determine is trade secret, you will not share the data with any other person or entity except as required
by law. If you receive a request under the Minnesota Government Data Practices Act for access to data
that we designated as trade secret but you have determined is not trade secret, then you will use best
efforts to give us 10 days’ notice before releasing the data in order to permit us to exercise whatever
legal remedies are available to prevent disclosure.
8.3 Publicity. The Parties will endeavor to coordinate and cooperate with each other when
making public announcements related to the execution and existence of this Agreement or related to
Project Subscriber’s participation in a Project. When feasible, each Party will endeavor to provide any
publicity materials, press releases or other public statements to the other Party for review and
comment. The Parties agree to the use of each other’s logos in their respective marketing materials in
the context of listing counterparties with whom a Party has transacted.
ARTICLE 9
DISPUTE RESOLUTION
9.1 NSP Disputes.
(a) Any dispute or question which you have with respect to the application by NSP of the
Bill Credits to your retail electric bill, in particular the applicable Bill Credit Rate that NSP
used to determine the amount of your Bill Credits, shall be directed by you to NSP for
resolution. US Solar will provide reasonable assistance to you in this respect. You
acknowledge that your obligation to make your Sunscription Payments is independent
of the amount of your Bill Credits.
(b) All disputes arising with respect to the contract between NSP and US Solar shall be
resolved by negotiation and, in the absence of a resolution, by the Minnesota Public
Utilities Commission (“MPUC”), as per the SRC Contract. Any issue or dispute identified
by you with respect to NSP’s actions with respect to the Project or the Bill Credits other
than as described in Section 9.1(a) shall be referred to US Solar. If the dispute or
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question is not resolved to the Project Subscriber’s satisfaction, you have the right to
refer the issue directly to the MPUC at the following address:
Minnesota Public Utilities Commission
121 7th Place East, Suite 350
St. Paul, MN 55101
Tel: (651) 296-7124
Toll free: (800) 657-3782
Fax: (651) 297-7073
consumer.puc@state.mn.us
9.2 Disputes between Parties.
(a) Any dispute or issue a Party may have arising from or related to this Agreement, which
are not resolved by communications between Project Subscriber and US Solar
representatives in person, over the phone, or electronically shall be submitted to the
other Party in writing. Each Party shall assign an officer or senior management
executive to address or negotiate a resolution with the other Party. The Parties agree to
attempt to reach a resolution of such dispute within ten (10) days or such longer period
as the Parties may agree.
(b) We shall perform any calculation called for hereunder and do so in a commercially
reasonable manner and in accordance with industry accepted standards. Any dispute
regarding the results of any such calculation shall be resolved by having an independent
consultant having nationally recognized credentials, such as Navigant Consulting, Inc. or
Leidos, Inc., perform the calculation at the disputing party’s expense.
(c) Failing resolution of any dispute by the Parties in accordance with the provisions of
Section 9.2(a), such dispute shall be subject to litigation in a court of competent
jurisdiction in Hennepin County, Minnesota. As a condition precedent to filing or
pursuing any legal or equitable remedy, the Parties agree to participate in good faith in
non-binding mediation through the use of a mutually acceptable neutral mediator. Each
Party shall pay one-half (1/2) the cost of the mediator. Each Party shall be responsible
for its own costs related to such mediation. If the Parties have not resolved their dispute
within 30 calendar days after the request for mediation, any Party may resort to any
available legal remedies.
ARTICLE 10
CANCELLATION EVENTS; EVENTS OF DEFAULT; REMEDIES
10.1 Cancellation Events.
(a) You may cancel all or part of your CSG Allocation relating to a particular Project to the
extent that:
i. Construction of that Project is not completed within twenty-four (24) months of
our receipt of NSP determining that Project’s CSG application is complete, and
additional Project capacity does not exist;
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ii. That Project becomes ineligible, in whole or in part, as a CSG during the Term and
the related SRC Contract is terminated, and additional Project capacity does not
exist; or
iii. You become aware that, due to relocation or other material changes, your CSG
Allocation will no longer satisfy the applicable Eligibility Requirements and you
elect not to sell or transfer, or cannot sell or transfer, your CSG Allocation to
another eligible NSP customer.
iv. Before the Project’s CSG application is deemed complete by NSP, if the legislature,
MPUC, NSP, or any other entity significantly reduces the credit base rate, or basis
of escalation of that rate from that anticipated at the time of acceptance of the
proposal by you.
(b) We may cancel all or part of your CSG Allocation relating to a particular Project to the
extent that:
i. You fail to meet the applicable Eligibility Requirements at any time during the
Term;
ii. Your CSG Allocation is transferred by operation of law as defined in Section 10.7 to
an ineligible person or entity and is not sold to an eligible transferee within the
time provided;
iii. Prior to the start of Project construction, we are not able to confirm your
creditworthiness; or
iv. Prior to the start of Project construction, we determine we are unable to develop
the Project under commercially reasonable terms, including, but not limited to,
NSP disallowing the development of Project(s), NSP imposes costs in excess of the
average for approved Projects, or additional Project capacity does not exist.
(c) Cancellation will be effective upon written notice by the cancelling Party to the other
Party, including a description of the circumstances giving rise to the Cancellation Event
and the specific portion of CSG Allocation canceled.
10.2 Events of Default. Each of the following events shall be an Event of Default under this
Agreement:
(a) A Party breaches any material representation or warranty or fails to perform a material
obligation set forth in this Agreement and does not cure such breach or failure within
thirty (30) days of written notice of the breach from the non-defaulting Party.
(b) With respect to Project Subscriber, failure to make any Sunscription Payment when due,
and failure to cure the default within thirty (30) days after written notice of such failure
from US Solar.
10.3 Cancellation Remedies.
(a) In the case of a cancellation pursuant to Sections 10.1(a)(i) or (ii) or 10.1(b)(iii) or (iv),
you will owe nothing with respect to the amount of CSG Allocation cancelled.
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(b) In the case of a cancellation pursuant to Sections 10.1(a)(iii) or 10.1(b) (i) or (ii) (each, a
“Covered Cancellation Event”), you will be responsible for paying the Cover Cost
Amount, if any, with respect to the amount of CSG Allocation cancelled, subject to the
following:
i. We will use commercially reasonable efforts for up to one hundred eighty (180)
days after such cancellation (“Cancellation Replacement Period”) to secure one or
more Eligible Transferee who will subscribe to the entire cancelled portion of your
CSG Allocation at no less than your Sunscription Rate. If we are successful, your
Cover Cost Amount will be zero.
ii. To the extent during the Cancellation Replacement Period we are unsuccessful in
securing one or more Eligible Transferees who will subscribe to the entire cancelled
portion of your CSG Allocation, the Unsubscribed Energy rate provided for in the
CSG Tariff will be used in lieu of a transferee Sunscription Rate for purposes of
determining the Cover Cost Amount.
(c) During the Cancellation Replacement Period and before paying any Cover Cost Amount
or other cancellation related amounts, you will be responsible for making Sunscription
Payments that will be deemed to equal the full amount of your Sunscription Payments
had no cancellation occurred.
(d) At the end of the Cancellation Replacement Period, we will determine the Cover Cost
Amount and other amounts owing by you and provide you written notice of same.
These amounts will become due and payable by you within thirty (30) days of your
receipt of this notice.
(e) After paying the Cover Cost Amount, your remaining Sunscription Payments will reflect
your appropriately reduced CSG Allocation.
(f) You will be responsible for reimbursing us for any actual, reasonable and verifiable costs
we incur in identifying an Eligible Transferee who will subscribe to the cancelled portion
of your CSG Allocation and in the execution of related documentation.
(g) Upon cancellation of the entire CSG Allocation, we may terminate this Agreement in its
entirety.
10.4 Default Remedies. In the event a defaulting Party fails to cure an Event of Default within
the applicable cure period, the non-defaulting Party may:
(a) With respect to an Event of Default by Project Subscriber:
i. We may terminate this Agreement immediately by notifying you in writing.
ii. We may direct NSP to remove you as a subscriber with respect to the Project, and
you will no longer receive Bill Credits associated with the CSG Allocation.
iii. You will owe the Cover Cost Amount, if any.
1. We will use commercially reasonable efforts for sixty (60) days after your
Event of Default (“Default Replacement Period”) to secure one or more
Eligible Transferee who will subscribe to your entire CSG Allocation at no less
than your Sunscription Rate or a lesser rate as agreed by the Parties.
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2. To the extent during the Default Replacement Period we are unsuccessful in
securing one or more Eligible Transferee(s) who will subscribe to your entire
CSG Allocation, the Unsubscribed Energy rate provided for in the CSG Tariff
will be used in lieu of a transferee Sunscription Rate for purposes of
determining the Cover Cost Amount.
iv. You will owe an amount equal to the Sunscription Payments that would have been
payable by you during the Default Replacement Period absent the Event of Default.
v. Once one or more Eligible Transferee(s) have been located but no later than at the
end of the Default Replacement Period, we will determine the Cover Cost Amount
and other default-related amounts owing by you and provide you with written
notice of same. These amounts will become due and payable immediately by you
upon your receipt of this notice.
vi. You will be responsible for reimbursing us for any actual, reasonable and verifiable
costs we incurred in attempting to identify an Eligible Transferee and in the
execution of related documentation.
vii. Upon termination of this Agreement, we shall have no further obligations to you
hereunder.
(b) With respect to an Event of Default by US Solar:
i. Prior to the COD of the final Project, you may terminate this Agreement at any time
by notifying us in writing.
ii. After the COD of the final Project, you may terminate this Agreement only if our
default results in your CSG Allocation not producing any Subscribed Energy for one
hundred eighty (180) consecutive days or more.
iii. Upon termination, you shall have no further obligation to us except for obligations
arising or accruing prior to termination.
10.5 No Consequential Damages. No Party shall be liable to the other Party for any indirect,
special, punitive, exemplary, incidental, or consequential damages, whether arising in contract, tort,
under statute, or in equity, and each Party waives its rights to any such damages. In no event will the
Cover Cost Amount constitute, or be deemed to constitute, indirect, special, punitive, exemplary,
incidental, or consequential damages.
10.6 No Warranty; Exclusive Remedies. NO WARRANTY OR REMEDY, WHETHER STATUTORY,
WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY. The remedies set forth in this Agreement shall
be the Parties’ sole and exclusive remedies for any claim or liability arising out of or in connection with
this Agreement, whether arising in contract, tort (including negligence), strict liability or otherwise.
10.7 Involuntary Transfers. Upon transfer of title or control of the Eligible Address or your
CSG Allocation, or portion thereof, due to bankruptcy, foreclosure or operation of law for other reasons,
you or the transferee must notify US Solar immediately. During any period of time in which a trustee,
receiver, or creditor is in possession of the Eligible Address and assumes responsibility as the account-
holder with NSP at the Eligible Address, such transferee shall be deemed to have succeeded to your
rights and obligations under this Agreement at the Eligible Address during the period of its possession.
Upon the transfer of title to the property at the Eligible Address and the CSG Allocation to a creditor or
other third party, the transferee shall notify US Solar of the transfer. If the transferee(s) meet all
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relevant Eligibility Criteria, the transfer shall be treated as a sale or transfer of the CSG Allocation to such
transferees upon completion of the conditions set forth in Section 6.2. If the transferee does not meet
the transfer conditions, then the transferee(s) shall be required immediately to sell or transfer the CSG
Allocation or applicable portion to an eligible buyer in accordance with Section 6.2.
ARTICLE 11
MISCELLANEOUS
11.1 Notices. Notices, or other documents required or permitted by this Agreement must be
given by personal delivery, reputable overnight courier, email, or U.S. certified mail postage prepaid and
shall be sent to the respective parties at the address listed on the first page of this Agreement. Notice
shall be deemed delivered (i) the day of delivery, if delivered by hand during the receiving party’s regular
business hours or by e-mail before or during the receiving party’s regular business hours, (ii) upon the
date of actually delivery or refusal shown on the courier’s delivery receipt if sent by overnight courier,
and (iii) on the fourth business day after deposit in the U.S. mail if sent by certified mail. Any party may
change the address for notice by notice to the other party.
11.2 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any
duty to, or standard of care with reference to, or liability to, any person not a party to this Agreement.
Excepting the rights of Financing Parties and assignees expressly provided for herein, no provision of this
Agreement is intended to nor shall it in any way provide any rights to any third party or inure to the
benefit of any third party so as to constitute any such person a third party beneficiary under this
Agreement, or of any one or more of the terms of this Agreement, or otherwise give rise to any cause of
action in any person not a party to this Agreement.
11.3 Entire Agreement; Amendments. It is mutually understood and agreed that this
Agreement, and the Exhibits attached hereto, constitutes the entire agreement between Project
Subscriber and US Solar and supersedes any and all prior oral or written understandings,
representations or statements, and that no understandings, representations or statements, verbal or
written, have been made which modify, amend, qualify or affect the terms of this Agreement. This
Agreement may not be amended except in a writing executed by both parties; provided, however, that,
US Solar may amend Project and Project Site information and allocate your CSG Allocation among
Projects and Project Sites (prior to relevant CODs) without Project Subscriber’s prior consent, subject to
the Eligibility Requirements for the quantity of Project Subscriber’s Subscribed Energy and location of
NSP account(s) as per this Agreement.
11.4 Governing Law. This Agreement is made in Minnesota and shall be governed by the
laws of the State of Minnesota without regard for any conflict of law provisions.
11.5 SRC Contract and CSG Tariff. This Agreement contains summaries of, and makes
reference to, certain provisions of the SRC Contract and CSG Tariff. While we believe these summaries
and references to be accurate and fair, any conflict between such summaries and references shall be
resolved in favor of the relevant provisions contained in SRC Contract and CSG Tariff. You are urged to
review these documents.
11.6 Waiver. Neither Party shall be deemed to have waived any provision of this Agreement
or any remedy available to it unless such waiver is in writing and signed by the Party against whom the
waiver would operate. Any waiver at any time by either Party of its rights with respect to any matter
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arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent
or other matter.
11.7 Relationship of Parties. The duties, obligations and liabilities of each of the Parties are
intended to be several and not joint or collective. This Agreement shall not be interpreted or construed
to create an association, joint venture, fiduciary relationship or partnership between the Parties or to
impose any partnership obligation or liability or any trust or agency obligation or relationship upon
either Party. US Solar and Project Subscriber shall not have any right, power, or authority to enter into
any agreement or undertaking for, or act on behalf of, or to act or be an agent or representative of, or to
otherwise bind, the other Party.
11.8 Severability. Should any provision of this Agreement be or become void, illegal or
unenforceable, the validity or enforceability of the other provisions of the Agreement shall not be
affected and shall continue in full force. The Parties will, however, use commercially reasonable efforts
to agree on the replacement of the void, illegal or unenforceable provisions with legally acceptable
clauses which correspond as closely as possible to the sense and purpose of the affected provision and
the Agreement as a whole.
11.9 Counterparts. This Agreement may be executed in two or more counterparts and by
different parties on separate counterparts, all of which shall be considered one and the same agreement
and each of which shall be deemed an original.
11.10 Audit. To the extent required by Minnesota Statutes, section 16C.05, subdivision 5, our
records, books, documents, and accounting procedures and practices relating to work performed
pursuant to this Agreement shall be subject to examination by the Project Subscriber and the Legislative
Auditor or State Auditor. We shall permit the Project Subscriber or its designee to perform such
examination at a mutually agreeable time during regular business hours.
(SIGNATURE PAGES TO FOLLOW)
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City of St. Anthony
Signature:
Printed Name:
Title:
Date:
United States Solar Corporation
Signature:
Printed Name:
Title:
Date:
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EXHIBIT A
DEFINITIONS
1. Applicable Laws. Any law, statute, rule, regulation, ordinance, order (including orders issued by the
MPUC), tariff, judgment, or other legally binding restriction or ruling issued by a governmental
authority which is applicable to the Project, US Solar, Subscribers, CSGs or this Agreement.
2. Bill Credit Rate. A dollar amount per kilowatt-hour reflected in the CSG Tariff with respect to specific
classes of NSP customers to be used for determining a Subscriber’s Bill Credit.
3. Cancellation Event. One or more event described in Section 10.1(a)-(b).
4. Cover Cost Amount.
(a) With respect to a sale or transfer by you pursuant to Section 6.2, the positive difference, if
any, of:
i. the net present value (using a discount rate of 4%) of the projected payments by
you over the Term post-transfer with respect to the transferred portion of your
CSG Allocation, had this Agreement remained unchanged for the remaining
Term (plus any other amounts previously accrued and owed by you); minus
ii. the net present value (using a discount rate of 4%) of the projected payments to
be made by your transferee with respect to the transferred portion of your CSG
Allocation over the remaining Term.
(b) With respect to a Covered Cancellation Event, the positive difference, if any, of:
i. the net present value (using a discount rate of 4%) of the projected payments by
you over the Term post-cancellation with respect to the cancelled portion of
your CSG Allocation, had this Agreement remained unchanged for the entire
Term (plus any other amounts previously accrued and owed by you); minus
ii. the net present value (using a discount rate of 4%) of the projected payments to
be made by an Eligible Transferee (or, as applicable, by NSP for the
Unsubscribed Energy associated with the portion CSG Allocation not
transferred) with respect to the cancelled portion of your CSG Allocation over
the remaining Term.
(c) With respect to an Event of Default by you, the positive difference, if any, of:
i. the net present value (using a discount rate of 4%) of the projected payments by
you over the Term post-default, had this Agreement remained unchanged with
respect to your entire CSG Allocation for the entire Term (plus any other
amounts previously accrued and owed by you); minus
ii. the net present value (using a discount rate of 4%) of the projected payments to
be made by an Eligible Transferee (or, as applicable, by NSP for the
Unsubscribed Energy associated with the portion CSG Allocation not
transferred) with respect to the entire CSG Allocation over the remaining Term.
5. CSG Tariff. The Solar Rewards Community Program tariff of NSP’s rate book, as amended or
updated and any successor thereto.
6. Eligible Address. A Subscriber’s NSP service address that meets the Eligibility Requirements.
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7. Eligible Transferee. A person or entity who meets the applicable Eligibility Requirements and meets
the conditions set for in Section 6.2(a)-(e)
8. Financing Party. A person or persons providing construction or permanent financing in connection
with construction, ownership, operation and maintenance of the Project, or if applicable, any person
to whom the ownership interest in the Project has been transferred, subject to a leaseback of the
Project from such person.
9. MPUC. Minnesota Public Utilities Commission.
10. NSP. Northern States Power Company, a wholly owned subsidiary of Xcel Energy Inc.
11. Sunscription Rate. A dollar amount per kilowatt-hour with respect to the Subscribed Energy
produced by Project Subscriber’s CSG Allocation, as set forth in Section 1.5(a), used for determining
Project Subscriber’s Sunscription Payments.
12. Taxes. Any federal, state, or local ad valorem, property, occupation, generation, privilege, sales,
use, consumption, excise, or transaction tax, other taxes, regulatory fees, surcharges, or other
similar charges, but does not include any income taxes imposed on US Solar for payments made by
you and received by us under this Agreement.
Any conflict in the meaning of a term used both herein term and in the SRC Contract shall be resolved in
favor of the meaning given to such term in the SRC Contract.
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EXHIBIT B
PROJECT(S) AND PROJECT SITE(S)
[TO BE IDENTIFIED AND AMENDED AS PROJECTS ARE APPROVED FOR INTERCONNECTION]
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EXHIBIT C
BILL CREDIT TYPES, CURRENT BILL CREDIT RATES, CURRENT SUNSCRIPTION RATES
Account number Premise Number Account Type Sunscription Rate
51-6616806-5 303220500 General Service $0.1179/kWh
51-6364113-2 303645448 General Service $0.1179/kWh
Bill Credit Value. We make no representation or warranty as to the likelihood that any Bill Credits will
create any specific amount of economic benefit at any time or over any period of time or over the Term
of this Agreement as a whole, or that the Bill Credits will create a positive economic benefit to you. The
estimate of potential benefits contained herein are based on a number of assumptions about estimated
Subscribed Energy Bill Credit Rates, Applicable Laws currently in place, NSP’s retail electrical rates, and a
number of other factors beyond the control of US Solar. Any estimate by US Solar herein or elsewhere
given to Project Subscriber as to any expected benefit to Project Subscriber from the Bill Credits at any
time or over any period of time is purely an estimate based on the information available to US Solar and
related assumptions at the time and is not a guarantee that any positive economic benefit will accrue to
Project Subscriber from the Bill Credits or that any specific amount of benefits will accrue to Project
Subscriber at any time, or over any period of time, or over the Term of the Agreement.
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EXHIBIT D
ESTIMATE OF SUBSCRIBED ENERGY
CSG Allocation: 312 kW, which is expected to produce approximately 584,240 kWh annually.
Production. Other than as specified in this Agreement, US Solar makes no representation or warranty as
to the likelihood that the Project will generate any specific amount of electricity or sufficient electricity
so as to create any specific or minimum Bill Credits to Project Subscriber during any period of time or
over the Term of the Agreement as a whole. The production estimate described herein is based on a
number of assumptions about expected solar insolation at the Project Site, and performance of the
modules and other Project equipment, the accuracy of production estimating software and other factors
affecting possible production which are not within the control of US Solar. Circumstances experienced
at the Project will deviate from historical data and other assumptions and projections. The actual
production of energy of electricity by the Project and delivery of energy, including Subscribed Energy, by
the Project is also subject to lack of sunlight, other adverse weather, equipment failures, curtailments or
outages by NSP, Force Majeure events, and other events beyond the control of US Solar. The
production estimate and any other estimate communicated by US Solar to Project Subscriber of
expected energy production from the Project at any time or over any period of time is purely an
estimate based on the information available to US Solar at the time and is not a guarantee that any such
production will occur or that any particular amount of Subscribed Energy will be received by Project
Subscriber at any time or over any period of time, including the Term of this Agreement.
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EXHIBIT E
[RESERVED]
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EXHIBIT F
FORM OF SRC CONTRACT
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EXHIBIT G
FORM OF AGENCY AGREEMENT
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EXHIBIT H
PROJECT SUBSCRIBER DATA
1. Project Subscriber (name as shown on NSP account): City of St. Anthony
2. NSP service address (Eligible Address): Fire Department
3505 Silver Lake Rd NE
Saint Anthony, MN 55418
City Hall
3301 Silver Lake Rd NE
Saint Anthony, MN 55418
3. NSP account numbers: 51-6616806-5, 51-6364113-2
4. Average annual electrical consumption (AAEC): 584,240 kWh
5. 120% of AAEC: 701,088 kWh
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-048
A RESOLUTION APPROVING SOLAR GARDEN SUBSCRIPTION AGREEMENTS WITH
UNITED STATES SOLAR CORPORATION AND SOLARSTONE COMMUNITY LLC
WHEREAS, the City of Saint Anthony Village strives to engage in sustainable programs to support
the City’s strategic initiatives and goals; and
WHEREAS, the City of Saint Anthony Village submitted a letter of intent to the Metropolitan
Council to participate in the “Community Solar Subscriber Collaborative” in July 2015
and was placed in a lottery pool with other local governments; and
WHEREAS, in April 2016 the City of Saint Anthony Village was selected from the lottery pool and
offered solar garden subscription opportunities; and
WHEREAS, the solar garden subscription agreements allows the city to participate in the development
of solar energy technology in Minnesota without the direct responsibility of owning and
maintaining the site; and
WHEREAS, the City of Saint Anthony Village will “subscribe” to an amount of solar energy
equivalent to approximately one-quarter of the annual electricity use from city facilities;
and
WHEREAS, the City of Saint Anthony Village will receive credit from Xcel Energy on its electricity
bill for city facilities; and
WHEREAS, the duration of the solar subscription agreements is 25 years beginning after the
agreement is accepted and signed by all parties.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saint Anthony Village
hereby approves solar garden agreements with United States Solar Corporation and SolarStone
Community LLC.
Adopted this 24th day of May, 2016
__________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 24, 2016
Resolution- Approving the Amended Election Services Agreement with Ramsey County
OVERVIEW:
In front of you this evening is a resolution to approve the amended election services agreement with
Ramsey County.
The City originally entered into an agreement with Ramsey County for election services on June 9,
2015. The term of that agreement is due to expire on December 31, 2016. The amended agreement
extends the term of the agreement for four additional years with the term expiring December 31, 2020.
The terms and conditions remain the same except for the addition of the City’s responsibility for costs
of a presidential primary in 2020 if authorized by the legislature.
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AMENDMENT TO AGREEMENT BETWEEN
RAMSEY COUNTY, THE CITY OF SAINT ANTHONY AND THE
SAINT ANTHONY - NEW BRIGHTON SCHOOL DISTRICT
FOR ELECTION SERVICES IN 2017-2020
This is an amendment to the original agreement for the period July 27, 2015
through December 31, 2016 between the County of Ramsey, through the
Ramsey County Elections Office, 90 West Plato Boulevard, St. Paul, MN
(“County”), the City of Saint Anthony, 3301 Silver Lake Road, St Anthony, MN
(“City”) and the Saint Anthony – New Brighton School District, 3303 33rd Ave NE,
St Anthony, MN (“School District”) for the provision of election services by the
County (“Agreement”).
1. Term
This Amendment to the original Agreement will be in effect for the period
from January 1, 2017 through December 31, 2020 (“Additional Term”),
unless earlier terminated pursuant to the provisions of this Agreement.
6. Voting System
The cost of acquiring and operating the voting system is not included in
the original Agreement and is the subject of a separate joint powers
agreement between the County and the City.
7. Primary and Special Elections
7.4 The City will pay all costs applicable to the City of any presidential
primary in 2020 authorized by the legislature. The County will
submit an invoice payable within 30 days of receipt to the City for
the costs incurred by the County to conduct a presidential primary.
The County will provide the City with an estimate of the costs of
conducting a presidential primary by July 1, 2019.
11. Election Costs and Payments
11.1 Regular Elections
Payments to cover the costs incurred by the County in the
performance of the provisions of this Agreement for regularly
scheduled elections will be made by the City and School District in
eight equal quarterly payments, based on invoices submitted by the
County. Payments will be due on March 31, June 30, September 30
and December 31 of each year.
The cost of election services for Regular Elections for 2017-2018
will be $47,500. The City share will be 83% of the total cost and the
School District share will be 17% of the total cost.
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The County will provide the cost for the 2019-2020 calendar years
to the City and School District no later than April 1, 2018. The
County will base the cost for the 2019-2020 budget period on the
actual cost for the previous similar election years, adjusted as
necessary by the County to account for the following factors: 1)
estimated voter turnout; 2) labor contracts and agreements for non-
represented employees approved by the Ramsey County Board of
Commissioners; 3) changes in the Consumer Price Index for the
Minneapolis-Saint Paul metropolitan area, as determined by the
U.S. Bureau of Labor Statistics for the previous two-year period; 4)
changes in state, federal, County or City legal requirements, as
applicable; and 5) other factors having a significant impact on
election costs.
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IN WITNESS THEREOF, the parties have executed this Agreement as of the last
date written below.
RAMSEY COUNTY CITY OF SAINT ANTHONY
_____________________________ _________________________
Julie Kleinschmidt Jerome O. Faust
County Manager Mayor
Date: ________________________ Date: ____________________
Approval recommended: Approval recommended:
_____________________________ __________________________
Property Records and Revenue Mark Casey
City Manager
Approved as to form and insurance:
____________________________
Assistant County Attorney
SAINT ANTHONY – NEW
BRIGHTON SCHOOL DISTRICT
__________________________
Leah Slye
Chair, Board of Education
Approved as to form and
insurance:
__________________________
School District Superintendent
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-049
A RESOLUTION APPROVING THE AMENDED ELECTION SERVICES AGREEMENT
WITH RAMSEY COUNTY
WHEREAS, the City of Saint Anthony Village previously entered in an agreement with Ramsey
County for election services with an expiration of December 31, 2016; and
WHEREAS, the term of the amended agreement is from January 1, 2017 through December 31, 2020;
and
WHEREAS, the original terms of the agreement remain the same with the addition of the City’s
responsibility for costs of a presidential primary in 2020 if authorized by the legislature.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saint Anthony Village
hereby approves the amended agreement for election services with Ramsey County.
Adopted this 24th day of May, 2016
__________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 24, 2016
Ordinance- An ordinance amending Chapter 32 to add Tree Care section
OVERVIEW:
In front of you this evening is an Ordinance to adopt a Tree Care Ordinance. This Ordinance would
establish the Parks Commission as the Tree Board. The Parks Commission (Tree Board) would be
responsible for recommendations to the City Council regarding the comprehensive tree plan for areas
within the public right-of-way and City parks. In addition, if requested by the City Council, the Parks
Commission (Tree Board) can consider, investigate, and recommend tree care matters as needed.
Once adopted, the City would be eligible for Tree City USA designation.
This is the final reading and adoption of the ordinance.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2016-02
AN ORDINANCE ADDING SECTION §32.39 TREE CARE
The City Council of the City of St. Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code to Add Section
§32.39. Section §32.39 of the City Code of the City of Saint Anthony Village is hereby amended
as follows. The deleted language is represented by strikethrough text. The additional language
is represented by double underlined text.
(A) Definitions
(1) Street trees: "Street trees" are herein defined as trees, shrubs, bushes, and all other
woody vegetation in the public right-of-way within the City.
(2) Park Trees: "Park trees" are herein defined as trees, shrubs, bushes and all other
woody vegetation in public parks, and all areas owned by the City, or to which the public has
free access as a park.
(B) Creation and Establishment of a City Tree Board
There is hereby created and established a City Tree Board for the City of St. Anthony: which
shall consist of the members of the City of St. Anthony Parks Commission, who are appointed by
the City Council.
(1) Term of Office. The term of the five persons to be in accordance with the terms of
the City of St. Anthony Parks Commission.
(2) Compensation . Members of the board shall serve without additional compensation.
(3) Duties and Responsibilities. It shall be the responsibility of the Board to study,
investigate, council, develop and/or update, and administer a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks,
along streets and in other public areas. Such plan will be presented to the City Council and upon
their acceptance and approval shall constitute the official comprehensive city tree plan for the
City. The Board, when requested by the City Council shall consider, investigate, make finding,
report and recommend upon any special matter of question coming within the scope of its work.
(4) Operation. The Board may choose its own officers, make its own rules and
regulations and keep a journal of its proceedings. A majority of the members shall be a quorum
for the transaction of business.
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(C) Street Tree Species to be Planted. All trees planted must be in compliance with city
ordinance.
(D) Spacing. The spacing of Street Trees will be in accordance with the species size classes;
except in special plantings designed or at the discretion of the City Manager or designee.
(E) Distance from Curb and Sidewalk. The distance trees may be planted from curbs or
curblines and sidewalks will be in accordance with city ordinance.
(F) Distance from Street Corners and Fireplugs. No Street Tree shall be planted closer than 35
feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No
Street Tree shall be planted closer than 10 feet of any fireplug or at the discretion of the City
Manager or designee.
(G) Utilities. No Street Trees may be planted under or within 10 lateral feet of any overhead
utility wire, or over or within 5 lateral feet of any underground water line, sewer line,
transmission line or other utility or at the discretion of the City Manager or designee.
(H) Public Tree Care. The City shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public
grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and
beauty of such public grounds.
(I) Tree Topping. It shall be unlawful as a normal practice for any person or firm, to top any
Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter within the tree's crown to such a
degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by
storms or other causes, or certain trees under utility wires or other obstructions where other
pruning practices are impractical may be exempted from this ordinance at the determination of
the board or at the discretion of the City Manager or designee.
(J) Pruning, Corner Clearance. Owners shall remove all dead, diseased or dangerous trees, or
broken or decayed limbs which constitute a menace to the safety of the public. The City shall
have the right to prune any tree or shrub on private property when it interferes with the proper
spread of light along the street from a street light or interferes with visibility of any traffic
control device or sign.
(K) Removal of Stumps. All stumps of street and park trees shall be removed below the surface of
the ground so that the top of the stump shall not project above the surface of the ground.
(L) Arborists License and Bond. It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating, trees within the City without first applying for and
procuring a license. The license fee shall be in accordance with the City’s fee schedule provided,
however, that no license shall be required of any public service company or City employee doing
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such work in the pursuit of their public service endeavors. Before any license shall be issued,
each applicant shall first file evidence of possession of liability insurance for bodily injury and
property damage indemnifying the City or any person injured or damaged resulting from the
pursuit of such endeavors as herein described.
Section Three. Findings for Amending the City of Saint Anthony Village City Code by
Adding Section 32.39. In amending the City of Saint Anthony Village City Code by adding
Section 32.39 relating to tree care, the City Council of the City of Saint Anthony Village finds
that the amendment is required for the public good; is in the interest of public health, safety and
welfare; and is compatible with the City’s Comprehensive Plan.
Section Four. Effective Date. This Ordinance amendment shall be in full force and
effect upon its publication as provided by law.
Passed in regular session of the City Council on May 24, 2016.
First Reading: April 26, 2016
Second Reading: May 10, 2016
Adopted: May 24, 2016
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: St. Anthony Bulletin
Publication Date: June 1, 2016
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 24, 2016
Ordinance- An ordinance amending Chapter 112 to Change Hours of Sale on Sundays for
Establishments Holding and On-Sale Intoxicating Liquor License
OVERVIEW:
In front of you this evening is an ordinance amending Chapter 112 to change hours of sale on Sundays
for establishments holding an on-sale intoxicating liquor license. Currently the City of St. Anthony
allows for intoxicating liquor or wine to be sold in conjunction with food on Sundays beginning at
10:00 a.m. The ordinance amendment would change the beginning time on Sundays from 10:00 a.m.
to 8:00 a.m.
Minnesota State Statute 340A.504(3) allows for holders of on-sale intoxicating liquor licenses to sell
liquor in conjunction with food beginning at 8:00 a.m. on Sundays.
This is the final reading and adoption of the amended ordinance.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2016-03
AN ORDINANCE AMENDI NG CHAPTER 112 TO CHANGE HOURS OF SALE ON
SUNDAYS FOR ESTABLISHMENTS HOLDING AN ON-SALE INTOXICATING LIQUOR
LICENSE
The City Council of the City of St. Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code to Amend
Section §112.10(G)(2). Section §112.10(G)(2) of the City Code of the City of Saint Anthony
Village is hereby amended as follows. The deleted language is represented by strikethrough text.
The additional language is represented by double underlined text.
§ 112.10 GENERAL RESTRICTIONS; CONDITIONS OF SALE.
(G) Hours of sale. The hours and days of sale shall be as set forth in M.S. § 340A.504, as it
may be amended from time to time, except that:
(1) Establishments holding a wine license or an on-sale intoxicating liquor license
under this subchapter may not sell liquor or wine between 1:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday and after 1:00 a.m. on Sundays, except as provided by division (G)(2)
below; and
(2) Establishments holding a wine license under this subchapter or establishments
holding both an on-sale intoxicating liquor license and a Sunday on-sale license under this
subchapter may sell intoxicating liquor or wine in conjunction with the sale of food between the
hours of 8:00 a.m. Sundays and 1:00 a.m. on Mondays, provided that the licensee is in
conformance with the Minnesota Clean Air Act.
Section Three. Findings for Amending the City of Saint Anthony Village City Code by
Amending Section 112.10(G)(2). In amending the City of Saint Anthony Village City Code by
adding Section 112.10(G)(2) relating to hours of sale, the City Council of the City of Saint
Anthony Village finds that the amendment is required for the public good; is in the interest of
public health, safety and welfare; and is compatible with the City’s Comprehensive Plan.
Section Four. Effective Date. This Ordinance amendment shall be in full force and
effect upon its publication as provided by law.
Passed in regular session of the City Council on May 24, 2016.
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First Reading: April 26, 2016
Second Reading: May 10, 2016
Adopted: May 24, 2016
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: St. Anthony Bulletin
Publication Date: June 1, 2016
128
Date Type Staff Present
May 31 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
May 31 Special
7:00 p.m.Worksession City Council
City Manager
June 14 Regular
Planning Commission Items from May
Order Feasibility Report for 2017 Street Project
Award Contract for Construction for the Highway Safety Improvement Program (HSIP)
City Council
City Manager
City Engineer
June 28 Regular
Audit Presentation
Debt Levy Presentation City Council
City Manager
Finance Director
July 12 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
VillageFest Presentation
Comp Plan Update
City Council
City Manager
July 26 Regular
Night to Unite Presentation
Night to Unite Proclamation
Approval of Advanced Oxidation Plant Advertisement of Bids
City Council
City Manager
Police Chief
August 1 Special
5:30 p.m.Worksession City Council
City Manager
August 2 Special Night to Unite
City Council
City Manager
August 9 Regular State Primary Election
August 9 Regular
8:00 p.m.
Planning Commission items from July
SANB #282 Presentation
GreenCorp presentation
City Council
City Manager
August 23 Regular
Budget Presentation
New Police Chief, Captain and Sergeants Presentation
Award Advanced Oxidation Plant Construction Contract
City Council
City Manager
Finance Director
August 30 Special
5:30 p.m.Joint Meeting with School Board
City Council
City Manager
FUTURE COUNCIL AGENDA ITEMS
2016
129
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
August 30 Special
7:00 p.m.Worksession
City Council
City Manager
September 13 Regular
Planning Commission items from August
2017 Preliminary Operating Budget and Levy-Public Hearing
2017 Street Project Accept Feasiblity Report, Order Plans and Specifications
Liquor Operations Mid Year Report
City Council
City Manager
Finance Director
Liquor Op Mgr
September 27 Regular
Fire Prevention Presentation
Kiwanis Peanut Day
City Council
City Manager
Fire Dept
October 3 Special
5:30 p.m.Worksession City Council
City Manager
October 11 Regular
Planning Commission items from September
Quarterly Donations & Grants
Certification of Delinquent Accounts
City Council
City Manager
October 25 Regular Quarterly Goals Update
Ordinance Setting Fees for 2016 - 1st Reading-Public Hearing
City Council
City Manager
October 31 Special
5:30 p.m.Worksession City Council
City Manager
November 8 Regular 2016 General Election
City Council
City Manager
November 8 Regular
8:00 pm Ordinance Setting Water & Sewer Rates for 2017 - 1st Reading-Public Hearing
City Council
City Manager
November 22 Regular
Ordinance Setting Water & Sewer Rates for 2017 - 2nd Reading
Fire Prevention Poster Winners
Tree Care Ordinance
City Council
City Manager
Finance Director
Police Dept
Fire Dept
November 29 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
November 29 Special
7:00 p.m.Worksession City Council
City Manager
130
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
December 13 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2017 City & HRA Budgets and Final Property Tax Levy -Public Hearing
Ordinance Setting the Water& Sewer Rates for 2017 - final reading
2017 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
2017 Fee Schedule
City Council
City Manager
Finance Director
December 27 Regular
City Council
City Manager
January 10 Regular
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 19 & 20 Special Goal Setting
City Council
City Manager
Department Heads
January 24 Regular
2017 Parks Commission Work Plan- (motion only)
2017 Planning Commission Work Plan-(motion only)
Presentation-Northeast Youth and Family Services
Northeast Youth and Family Services Agreement
City Council
City Manager
February 14 Regular
Planning Commission items from January
Administration Annual Report
2017 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
City Engineer
February 28 Regular City Council
City Manager
March 14 Regular
Fire Relief Ratifying Pension Benefit
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
2017 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
2017 Strategic Plan (motion only)
Liquor License Renewals
GreenCorp Member application-resolution
City Council
City Manager
Fire Dept
Liquor Op Manager
March 28 Regular
Public Works Annual Report
Police Annual Report
2017 Street Project Call for Sale of Bonds
City Council
City Manager
Public Works Director
Police Dept
2017
131
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
April 11 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Finance Annual Report
City Council
City Manager
Finance Director
April 25 Regular
Arbor Day Proclamation
1st Quarter Goals Update
Public Hearing-Budget Calendar
Spirit of St. Anthony Award
City Council
City Manager
Finance Director
May 9 Regular 2017 Street Project Bond Sale and Award of Bonds City Council
City Manager
May 23 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
132