08.a Barr Solar DSES Agreement
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Date of Meeting: August 18, 2026
To: Honorable Mayor and Members of the City Council
From: T.J. Hofer, City Planner
Kyle Morell, City Administrator
Amanda Johnson, City Attorney
Isiah Bubany, City Engineer
Re: Site Improvements Agreement and Decommissioning Agreement for Barr
Distribution Solar Energy System at 11522 Mayberry Trail North
Resolution 10-21-25-03 approved a conditional use permit for a distribution solar energy system
for the property at 11522 Mayberry Trail North. A condition of the approval was to complete a
development agreement with the city. City staff have worked with the applicant to develop a site
improvement agreement and decommissioning agreement to serve as the development
agreement.
The developer has proposed conditions and standards in the agreements that city staff feel the
City Council should consider. These are detailed below. The City Council is asked to consider
the attached Development Agreement and act on the document as desired.
SITE IMPROVEMENT AGREEMENT
Issue: Is the Council comfortable with the owner having limited responsibilities within the Site
Improvement Agreement and the responsibility and warranties being placed upon the developer
with owner consent?
The developer is proposing to take on the responsibilities and warranties of the project
themselves instead of the property owner. These agreements however are recorded against the
property and typically when issues result from development, the city has to seek resolution with
the property owners. Staff indicated to the Developer that at a minimum the Site Improvement
Agreement would need to guarantee that the property owner owns the property and that the
property owner consents to the Site Improvement Agreement. The Site Improvement Agreement
has been revised to limit the owner responsibilities to owning the property, however, the owner
consent was not included. Staff do not recommend accepting the agreement without the owner
consent.
Issue: What level of financial coverage does the Council desire in the event that the project
either is abandoned or failed and the site must be restored?
The amount proposed by the Developer for a letter of credit in Section 4.2 is significantly lower
than the staff feel is reasonable and what would be required to restore the site if the project were
to be abandoned or fail. Initially staff had provided an estimate of $70,000 for site restoration,
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essentially stabilizing the site. The Developer has indicated that the decommissioning of the site
would cost approximately $563,344.80. The intent of the Site Improvement Agreement is to
ensure that the project is completed and if it is not, that the city has the resources necessary to
ensure an abandoned or failed project can be mitigated and restored. Staff believe additional
funds should be required during the construction of the project. This is expanded on more in the
next section.
DECOMMISSIONING AGREEMENT
Issues:
Is the Council comfortable with a increasing bond for the lifetime of the project?
Is the Council comfortable with the bond being established at the completion of the
project instead of prior to construction?
The Developer is proposing to use a bond for a financial assurance for the decommissioning of
the project. Bonds are allowed by the code for distribution solar energy surfaces. The Developer
is proposing a bond that increases over time based on inflation that would be periodically
updated to reflect the actual decommissioning amount. Additionally, the estimated fees based on
a 2.5% inflation rate included in Exhibit 1 of the Decommissioning Agreement appears to be
incorrect. The final cost based on the starting cost of $563,344.80 over 35 years at an inflation
rate of 2.5% should be $1,304,324.68.
The Developer is also proposing that the bond is not established until the final completion of the
project and approval to operate from the utility. The bond being provided contingent on approval
from the utility is unusual and staff highly recommend the Council not accept this. Staff have
concerns regarding the amount of funds available and the beginning date of the bond.
If the Council is comfortable with the bond beginning at the project completion, staff would
recommend an additional letter of credit be required during the construction phase of the project
to protect against project abandonment prior to completion. This letter of credit amount should
include the full cost of decommissioning and the cost to restore the site to its pre-construction
condition. This amount is estimated to be $635,000.
If the Council rejects the bond being periodically updated and the financial security beginning at
project completion, staff recommends additional funds as described in the previous section. To
cover both the cost of potential demolition and site restoration, staff recommend either:
A $1,304,324.68 financial security established before construction for the estimated
decommissioning cost at year 35.
A $635,000.00 financial security prior to building permit to cover estimated costs of
demolition and site restoration that terminates at project completion contingent on a
$1,304,324.68 financial security established after the project is complete.
COUNCIL ACTION
The City Council should discuss the outstanding issues with the draft agreements. If the Council
wishes they may approve the Site Improvement Agreement and Decommissioning Agreement,
with amendments.
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Attachments
A. Draft Site Improvement Agreement for New Energy Equity Barr Distribution Solar
Energy System With MN CSG 2019-69
B. Draft Decommissioning Agreement — New Energy Equity Barr Distribution Solar
Energy System
C. Resolution 10-21-25-03 Approving Conditional Use Permit for a Distribution Scale Solar
Energy System Located on 20.032.20.24.0002 Located at 11522 Mayberry Trail North
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CITY OF SCANDIA
SITE IMPROVEMENT AGREEMENT FOR NEW ENERGY EQUITY BARR
DISTRIBUTION SOLAR ENERGY SYSTEM WITH MN CSG 2019-69
THIS IMPROVEMENT AGREEMENT (“Agreement”), made and entered into on the
___ day of _______________, 2026, by and between the City of Scandia, a Minnesota municipal
corporation, (“City”), MN CSG 2019-69 LLC, a Minnesota limited liability company (“Developer”),
and Dean D Barr Trusts, a _______ (“Owner”)
RECITALS:
WHEREAS, the Developer and Owner obtained a Conditional Use Permit approval from the
City on October 21, 2025, pursuant to the terms in Resolution No. 10-21-25-03, passed by the City
Council, for the Subject Property identified by PID No: 20.032.20.24.0002 (“Site Approvals”); and
WHEREAS, as a condition of granting the Site Approvals, the City requires Developer and
Owner to enter into this Agreement regarding the Site Improvements as described in the Development
Plans as approved by the City; and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the City has agreed to approve the Development Plans on the following conditions:
1. That the Developer and Owner enter into this Site Improvement Agreement that
defines the work the Developer undertakes to complete; and
2. That the Developer provides the City one or more irrevocable letters of credit, a bond,
or a cash deposit, in the amount and with conditions provided below, securing the Developer’s
obligation to cause the actual construction and installation of certain improvements; and
WHEREAS, the Development Plans have been prepared by a registered professional
engineer and the City has reviewed the Development Plans; and
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WHEREAS, the Developer has filed or will file a complete set of the Development Plans
with the City.
NOW, THEREFORE, subject to the terms and conditions of this Agreement and in reliance
upon the representations, warranties and covenants of the parties herein contained, the City and
Developer and Owner agree as follows:
ARTICLE 1
DEFINITIONS
1.1 TERMS. The following terms, unless elsewhere defined specifically in the
Agreement, shall have the following meanings as set forth below.
1.2 CITY. “City” means the City of Scandia, a Minnesota municipal corporation.
1.3 OWNER. “Owner” means Dean D Barr Trust, and their successors and assigns.
1.4 DEVELOPER. “Developer” means MN CSG 2019-69 LLC, a Minnesota limited
liability company, and its successors and assigns.
1.5 SUBJECT PROPERTY. “Subject Property” or “Property” means the real property
located in the City of Scandia, Washington County, identified and legally described
on the attached Exhibit A.
1.6 DEVELOPMENT PLANS. “Development Plans” means all those plans, drawings,
specifications and surveys identified on the attached Exhibit B.
1.61.7 SOLAR PROJECT. “Solar Project” means any portion of the “Improvements”
which include a device or structural design feature, a substantial purpose of which
is to provide daylight for interior lighting or provide for the collection, storage and
distribution of solar energy for heating or cooling, electricity generation, or water
heating.
1.71.8 AGREEMENT. “Agreement” means this instant contract by and between the City,
Developer, and Owner.
1.81.9 COUNCIL. “Council” means the City Council of the City of Scandia.
1.91.10 CITY ENGINEER. “City Engineer” means the City Engineer of the City of Scandia
and their delegatees.
1.101.11 COUNTY. “County” means Washington County, Minnesota.
1.111.12 OTHER REGULATORY AGENCIES. “Other Regulatory Agencies”
means and includes the following:
a. State of Minnesota
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b. Minnesota Department of Health
c. Minnesota Department of Labor and Industry
d. Minnesota Department of Natural Resources
e. Minnesota Department of Transportation
f. Minnesota Pollution Control Agency
g. Metropolitan Council
h. Washington County
i. Washington County Highway Department
j. Carnelian-Marine-St. Croix Watershed District
k. any other regulatory or governmental agency or entity affected by, or having
jurisdiction over, the Improvements.
1.121.13 UTILITY COMPANIES. “Utility Companies” means and includes the
following:
a. utility companies, including electric, gas and communications, and
b. pipeline companies.
1.131.14 IMPROVEMENTS. “Improvements” means and includes, individually and
collectively, all the improvements identified on the attached Exhibit B as amended
by the conditions as listed in Article 2.1.
1.141.15 OWNER/DEVELOPER DEFAULT. “Owner Default” or “Developer
Default” means and includes any of the following or any combination thereof:
a. failure by the Developer to timely pay the City any money required
to be paid under this Agreement;
b. failure by the Developer to timely construct the Improvements
according to the Development Plans and the City standards and
specifications; or
c. failure by the Owner or Developer to observe or perform any
covenant, condition, obligation or agreement on its part to be
observed or performed under this Agreement;
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d. breach of the Owner Warranties.
1.151.16 FORCE MAJEURE. “Force Majeure” means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and
earthquakes (but not including reasonably anticipated weather conditions for the
geographic area), riots, insurrections, war or civil disorder affecting the performance
of work, blockades, power or other utility failures, and fires or explosions.
1.17. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to the
other if in writing and if and when delivered both electronically AND by depositing it
in the United States mail in a sealed envelope, by certified mail, return receipt
requested, with postage and postal charges prepaid, addressed as follows:
If to CITY: City of Scandia
14727 209th Street N
Scandia, MN 55073
Attn: City Administrator Kyle Morell
For Electronic Notice:
k.morell@ci.scandia.mn.us
If to OWNER:
For Electronic Notice:
If to DEVELOPER: New Energy Equity LLC
2530 Riva Road, Suite 200
Annapolis, MD 21401
Attn: Jim Wrathall, General Counsel
For Electronic Notice:
jwrathall@newenergyequity.com
or to such other address as the party addressed shall have previously designated by
notice given in accordance with this Section. Notices shall be deemed to have been
duly given on the date of service electronically to the party to whom notice is to be
given, or on the third day after mailing if mailed as provided above.
ARTICLE 2
APPROVAL OF DEVELOPMENT PLANS
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2.1. APPROVAL OF DEVELOPMENT PLANS. Subject to the terms and conditions
of this Agreement, the recitals above, and all other applicable City Code provisions, the City hereby
approves the Development Plans. The Development Plans also include compliance by the Developer
with the conditions set forth in the following:
a. City Engineer’s review memo dated October 8, 2025; and
b. City Staff conditions as described in the October 21, 2025 City Planner Staff Memo; and
(collectively, the “City Staff Recommendations”).
2.2 RECORDING. This Agreement shall be recorded with the Washington County
Recorder/Registrar within thirty days of execution.
ARTICLE 3
IMPROVEMENTS
3.1 IMPROVEMENTS. The Developer shall install, at its own cost, the Improvements
in accord with the Development Plans and in accordance with the approvals of the Planning
Commission, City Council, and all City ordinances. The Improvements shall be completed on or
before December 31, 2028, except as completion dates are extended with written approval from the
City Council.
a. As part of the City approvals the Developer is required to enter into a Decommissioning
Agreement, attached as Exhibit D.
3.2 GRADING/DRAINAGE PLAN. The Developer shall construct drainage facilities
in accord with the Development Plans and any additional requirements provided by the City to correct
any current violations existing within the drainage easements. The grading and drainage plan shall
conform with the overall City storm sewer plan. The grading of the site shall be completed in
conformance with the Development Plans. The Developer shall own, operate and maintain the
drainage facilities.
In the event that the Developer fails to complete the grading and installation of the drainage facilities
of the site in substantial conformance with the Development Plans, the City may, after notice and cure
rights as outlined in Article 8 herein, declare the Developer in default pursuant to Article 8.
3.3 AREA RESTORATION. The Developer shall restore all areas disturbed by the
development grading operation in accordance with the approved grading and erosion control plans.
Upon request of the City Engineer, the Developer shall remove the silt fences after grading and
construction have occurred.
3.4 STREET MAINTENANCE, ACCESS AND REPAIR. The Developer shall clear,
on a daily basis, any soil, earth or debris from the streets and wetlands within, adjacent or near the
Property resulting from the grading or building on the Property, or associated trucking operations and
shall restore to the City’s specifications and repair to the City’s specifications any damage to
bituminous street surfacing resulting from the use of construction equipment. Furthermore, the
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Developer shall maintain reasonable access to any occupied buildings within the Property, including
necessary street maintenance such as grading, graveling or patching.
If Developer fails to perform any of the responsibilities listed above, the City shall provide Developer
with written notice. If work is not completed to City’s satisfaction within 24 hours from the notice,
excluding repair or restoration work that the City has granted extra time, the City will have appropriate
equipment dispatched to the Property and the City will bill all costs associated with the work to the
Developer. In the event the Developer fails to timely pay costs related to the City work, the City shall
withdraw the funds from any cash escrow, bond, or LOC.
3.5 LANDSCAPING. Site landscaping shall comply with City-approved landscaping
plan and City required warranties. The City will require the establishment of an escrow account, from
a creditable banking institution chartered to operate in the State of Minnesota, letter of credit, or bond
to ensure vegetation is installed and establishes itself as identified in the approved permit, based on
an estimated cost for plantings and labor provided by the Developer. The planting and screening plan
must utilize the recommended plant types described in Unified Development Code Section
153.400.060 and must be consistent with the Landscaping Plan approved by the City.
All ground areas under solar array installs that are not occupied by equipment or essential access
paths, must be planted with a deep rooted, native grass and pollinator seed mix suitable to the soil and
moisture conditions of the immediate area. Plant growth must be stable and self-supporting within
one growing seasons from the date of building permit approval. If approved, the City may allow
agricultural pasture plantings under the array. If the agricultural pasture ceases, the ground area shall
be planted as required with native grass and pollinator seed mix. No agricultural pasture planting has
been approved for this project.
3.6 SCREENING. In accordance with the Conditional Use Permit, the Developer shall
install screening prior to construction of the solar panels or any other element of the solar facility. The
screening shall fully obscure 100% view of the solar panels from any adjacent road right-of-way
immediately upon screen completion in accordance with this section, and shall be completed prior to
the remainder of solar facilities and panel installation.
The required vegetative screening must be achieved within six (6) growing seasons from the date that
all project approvals and building permits have been acquired. If the screening is not established
within 6 growing seasons, it must be implemented through the planting of mature vegetation to fully
obscure (100%) view of the solar panels as described in Unified Development Code Section
153.300.030 Subd. 1 (BB) III.i. Effectiveness of the screen shall be reviewed and approved by City
staff prior to continuation of project installation. Permanent vegetative screening shall have a
horizontal depth of at least 20 feet and shall be kept in good standing for the lifetime of the use. The
visual screen must fully obscure (100%) view of the solar panels during leaf-on and leaf-off
conditions from any adjacent road right-of-way, dwellings within five hundred feet (500’) of any
component of the solar array, and public waterbodies, as viewed from six (6) feet above the
ordinary high water level. Any vegetative material found to have become dead, diseased, or that
poses a safety concern shall be immediately removed by the Developer and replaced at the beginning
of the next growing season.
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Temporary screening through the use of scenic canvases has been approved as part of the project
application. Scenic canvases may only be used to temporarily screen Solar Project installations for a
maximum of six years. Applicants shall supply a physical sample as a visual representation of the
appearance of the canvas for review by the City prior to installation of the scenic canvas. Scenic
canvas shall be attached to fencing, and shall have a natural vegetation or scenic views printed on the
entire outward facing portion of the canvas to match the existing surroundings and vegetative
screening of the Solar Project. Canvases must be designed to accommodate wildlife movement.
Scenic canvasing must be removed once vegetative screening is established as determined by the
City. If any canvas becomes damaged or fades to a point where it no longer camouflages prior to the
completion of the compliance period to establish vegetative cover, said canvas must be replaced
within 60 days of notice to the Developer. Should the Developer fail to comply with this requirement,
the City may replace said canvas at the Developer’s full expense as prescribed under this Agreement.
3.7 EROSION CONTROL. The Developer shall provide and follow a plan for erosion
control in accord with the Best Management Practices (BMP) as delineated by Other Regulatory
Agencies. Such plan shall be detailed on the Development Plans and shall be subject to approval of
the City Engineer. The Developer shall install and maintain such erosion control measures and
structures as appear necessary under the Development Plans or become necessary subsequent thereto.
Developer shall abide by the approved erosion control plan. The Developer shall be responsible for
all damage caused as the result of grading and excavation resulting from the Improvements including,
but not limited to, restoration of existing control structures and clean-up of public right-of-way, until
the Improvements are completed. As a portion of the erosion control plan, the Developer shall re-
seed, install landscaping or sod any disturbed areas in accordance with the Development Plans.
ARTICLE 4
RESPONSIBILITY FOR COSTS, CHARGES AND FEES
4.1 IMPROVEMENT COSTS. The Developer shall pay for the Improvements; that is,
all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance
premiums or equipment or supplies and all just claims for the same; and the City shall be under no
obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether
or not the City shall have approved the contract or subcontract.
4.2 SECURITY REQUIREMENT. Contemporaneously herewith, the Developer shall
deposit with the City an irrevocable letter of credit (“LOC”), bond, or make a cash deposit for the
amount of $70,000 as described in Exhibit C.
The bank and form of the financial security shall be subject to approval by the City Finance Director
and City Attorney and shall continue to be in full force and effect until released by the City. The
financial security must be for at least a two-year term and must be automatically renewable for
successive one-year periods with a final expiration date of termination of the two-year warranty period
described in Article 6, and further provided that the financial security states that at least 60 days prior
to the expiration date, the bank or Developer will notify the City if the bank elects not to renew for an
additional period. The financial security shall secure compliance by the Developer with the terms of
this Agreement. The City may draw down on the irrevocable letter of credit, bond, or cash deposit,
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without any further notice than that provided in Article 8 relating to a Developer Default, for any of
the following reasons:
a) a Developer Default; or
b) upon the City receiving notice that the financial security will be
allowed to lapse before the two-year warranty period has expired
pursuant to Article 6; or
c) failure to pay the City for any of the costs and expenses referenced
in Article 4 or 5.
The City may use these financial security proceeds to reimburse the City for its costs to take whatever
action is necessary to stabilize the Property for any of the reasons stated above. After the City Engineer
determines that Improvements have been constructed and after retaining 10% of amounts allocated in
Exhibit C for the public Improvements, the remaining proceeds shall be distributed to Developer.
Developer may request the City reduce the irrevocable letter of credit, bond, or cash deposit from
time to time as financial obligations are paid. The City Engineer shall inspect the Project and make
the reduction request to the City Council who shall have full discretion in determining the reduction
amount, if any.
If the City determines the Developer or Contractor did not strictly adhere to the approved
Development Plans or that work was done without required City inspection, the City may require, as
a condition of acceptance, the Developer post an irrevocable letter of credit, or cash deposit equal to
125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies
arising therefrom. The additional irrevocable letter of credit, or cash deposit, shall remain in force for
such time as the City deems necessary, not to exceed five years. In the event that work, which is
concealed, was done without permitting City inspection, then the City may, in the alternative, require
the Developer or Contractor expose the concealed condition or work for inspection purposes.
4.4 REIMBURSEMENT FOR CITY’S FEES. The Developer shall reimburse the
City for all reasonable inspection costs relating to the Improvements and all engineering,
administrative, legal and other expenses incurred or to be incurred by the City in connection with this
Agreement. The Developer and Owner shall deposit with the City a cash deposit for the amount of
$10,000 as described in Exhibit C to cover City expenses related to the project including but not
limited to planning, engineering, legal and administrative services, soil testing and inspection
services. The cash escrow must be deposited with the City prior to the City executing this Agreement.
The City shall use the cash deposit proceeds to reimburse the City for its costs and shall provide
Developer and Owner with written itemization of said reimbursements. Upon completion of the
project, the City will return the remaining proceeds to the Developer and Owner.
4.5 ENFORCEMENT COSTS. The Developer shall pay the City for costs incurred in
the enforcement of this Agreement, including engineering and attorneys’ fees.
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ARTICLE 5
ADDITIONAL DEVELOPMENT REQUIREMENTS
5.1 MISCELLANEOUS REQUIREMENTS. Additional requirements for approval of
the Development Plans as specified by the City Council include the following:
a. The applicant shall secure any and all necessary permits required from local, state,
and federal entities prior to work on the site.
b. The applicant shall pay all fees and escrow costs related to the application.
ARTICLE 6
WARRANTIES
6.1 WARRANTIES. Developer hereby warrants and represents the following:
a. AUTHORITY. Developer has the right, power, legal capacity and authority to enter
into and perform its obligations under this Agreement; no approvals or consents of any persons are
necessary in connection with the authority of Developer to enter into and perform its obligations under
this Agreement, other than approvals or consents that are required to be obtained herein, pursuant to
Article 2.
b. FULL DISCLOSURE. None of the representatives and warranties made by
Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by
Developer or on its behalf contains or will contain any untrue statement of material fact or omit any
material fact the omission of which would be misleading.
c. PLAN COMPLIANCE. The Development Plans comply with all City, County,
metropolitan, state and federal laws and regulations, including but not limited to subdivision
ordinances, zoning ordinances and environmental regulations.
d. WARRANTY ON PROPER WORK AND MATERIALS. The Developer
warrants all work required to be performed by it under this Agreement against defective material and
faulty workmanship for a period of two years after its completion. During the warranty period the
Developer shall be solely responsible for all costs of performing repair work required by the City
within thirty days of notification. Any trees, grass, and sod shall be warranted to be alive, of good
quality, and disease free for two years after planting. Any replacement landscape materials shall be
similarly warranted for one year from the time of planting. In addition, the warranty period for
Improvements shall be for two years after completion; the warranty for the Improvements also shall
include the obligation of the Developer to repair and correct and damage to or deficiency with respect
to such Improvements.
6.2 OWNER WARRANTIES. “Owner Warranties” means that the Owner hereby
warrants and represents the following:
a. FEE TITLE. The Owner owns fee title to the Subject Property.
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6.3 CITY WARRANTIES. “City Warranties” means the City hereby warrants and
represents as follows:
a. ORGANIZATION. City is a municipal corporation duly incorporated and validly
existing in good standing under the laws of the State of Minnesota.
b. AUTHORITY. City has the right, power, legal capacity and authority to enter into
and perform its obligations under this Agreement.
ARTICLE 7
INDEMNIFICATION OF CITY
7.1 INDEMNIFICATION OF CITY. Developer shall indemnify, defend and hold the
City, its Council, agents, employees, attorneys and representatives harmless against and in respect of
any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations,
liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that
the City incurs of suffers that arise out of, result from or relate to
a) breach by the Owner of the Owner Warranties;
b) breach by the Developer of Developer Warranties;
c) failure of the Developer to timely construct the Improvements according to
the Development Plans and the City ordinances, standards and specifications;
d) failure by the Developer to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
Agreement;
e) failure by the Developer to pay its contractors, subcontractors, laborers, or
materialmen;
f) failure by the Developer to pay for materials necessary to perform under this
Agreement;
g) failure to pay the City for any costs and expenses referenced in Article 4 and
5;
h) failure by the Developer to obtain the necessary permits and authorizations to
construct the Improvements;
i) construction of the Improvements;
j) delays in construction of the Improvements.
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ARTICLE 8
CITY REMEDIES UPON DEFAULT
8.1 CITY REMEDIES. If a Default occurs, that is not caused by Force Majeure, the City
shall give Formal Notice of the Default and the defaulting party shall have ten business days to cure
the Default. If the defaulting party, after Formal Notice to it by the City, does not cure the Default
within ten business days, then the City may avail itself of any remedy afforded by law and any of
the following remedies:
a) The City may specifically enforce this Agreement;
b) The City may collect on the financial security of credit or cash
deposit pursuant to Article 4;
c) The City may, at its sole option, perform the work or
improvements to be performed by the Developer, included but not
limited to stabilizing the site as necessary, in which case the
Developer shall within thirty days after written billing by the City
reimburse the City for any costs and expenses incurred by the City;
d) The City may suspend or deny building permits for buildings
within the Subject Property;
e) The City may suspend any work, improvement or obligation to be
performed by the City; and/or
f) The City may, at its sole option, certify against the Subject
Property, pursuant to Minn. Stat. § 444.075. subd. 3e, any unpaid
charges, and the Washington County Auditory/Property Tax
Assessor shall collect said unpaid charges in the year following
said certification as the other Property taxes are collected.
8.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event the
Developer breaches any provision or agreement contained in this Agreement and thereafter is waived
in writing by the City, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the
City must be in writing.
8.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
City shall be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the Agreement or now
or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often as may
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be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be
necessary to give notice, other than the Formal Notice.
ARTICLE 9
MISCELLANEOUS
9.1 CITY’S DUTIES. The terms of this Agreement shall not be considered an affirmative
duty upon the City to complete any Improvements.
9.2 NO THIRD-PARTY RECOURSE. Third parties shall have no recourse against the
City under this Agreement.
9.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
9.4 BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable Improvement Agreement shall run with the Subject Property, and
shall be binding upon the successors and assigns of the Developer. This Improvement Agreement
shall also run with and be binding upon any after acquired interest of the Developer in the Subject
Property.
9.5 ASSIGNMENT. The Developer may not assign this Improvement Agreement
without the written permission of the City which consent shall not be unreasonably withheld,
conditioned or delayed. The Developer’s obligations hereunder shall continue in full force and effect,
even if the Developer sells the Subject Property or any interest in the property.
9.6 AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may extend the time for the
performance of any of the obligations of another, waive any inaccuracies in representations by another
contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
9.7 GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
9.8 COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall constitute one and the
same instrument.
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9.9 HEADINGS. The subject headings of the paragraphs and subparagraphs of this
Agreement are included for purposes of convenience only, and shall not affect the construction of
interpretation of any of its provisions.
9.10 INCONSISTENCY. If the Development Plans are inconsistent with the words of this
Agreement or if the obligation imposed hereunder upon the Developer are inconsistent, then that
provision or term which imposes a greater and more demanding obligation on the Developer shall
prevail.
9.11 ACCESS. The Developer hereby grants to the City, its agents, employees, officers,
and contractors a license to enter the Property to perform all work and inspections deemed appropriate
by the City during the installation of Improvements.
9.12 TERM. This Agreement shall remain in place until the City has accepted the
completion of construction of the Improvements or until otherwise terminated by mutual agreement
of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
set forth above.
[The remainder of this page has been intentionally left blank.]
IN WITNESS WHEREOF, the parties have executed this Improvement Agreement.
14
MN CSG 2019-69 LLC, a Minnesota limited liability company
By: _____________________
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of __________________,
2026 by ______________________, the _______________________ of MN CSG 2019-69 LLC,
a Minnesota limited liability company, on behalf of said corporation.
Notary Public
15
CITY OF SCANDIA
By: _____________________________
Steve Kronmiller
Its: Mayor
Attest: _____________________________
Kyle Morell
Its: City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2026 by Steve Kronmiller and Kyle Morell, the Mayor and City Administrator respectively, of the
City of Scandia, a Minnesota municipal corporation, on behalf of the City of Scandia.
_____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY: AFTER RECORDING
PLEASE RETURN TO:
Amanda Johnson # 0400128 City of Scandia
Eckberg Lammers 14727 209th St. N
1809 Northwestern Ave Scandia, MN 55073
Stillwater, MN 55082
16
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF GOVERNMENT LOT THREE (3), EXCEPT THE NORTH 151 FEET,
IN SECTION TWENTY (20), TOWNSHIP THIRTY-TWO (32), RANGE TWENTY
(20), LYING NORTH AND WEST OF THE TOWNSHIP ROAD PRESENTLY
RUNNING OVER AND ACROSS SAID TRACT, WASHINGTON COUNTY,
MINNESOTA.
AND
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP
32 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, EXCEPTING
THEREFROM THE WEST 483.50 FEET OF THE SOUTH 587.0 FEET THEREOF,
WASHINGTON COUNTY, MINNESOTA
17
EXHIBIT B
DEVELOPMENT PLANS AND IMPROVEMENTS
The site shall be developed in substantial conformance with the following plans and review
comments as approved by the City that are on file with the City as part of Resolution 10-21-25-03,
except as may be modified by the conditions of approval:
T1 TITLE SHEET
PV1 EXISTING CONDITIONS
PV2 SITE PLAN
PV3 SAT RACKING DETAIL
PV4 FENCE DETAIL
PV5 STORMWATER MANAGEMENT DETAIL
PV6 TOPOGRAPHY DETAIL
PV7 PID & ZONING MAP DETAIL
PV8A LANDSCAPE PLAN A
PV8B LANDSCAPE PLAN B
PV8C SEEDING DETAIL
PV9 EROSION AND SEDIMENT CONTROL DETAIL
PV10 SOIL MAP
PV11 SETBACK MAP
PV12 TRAFFIC PLAN
E1 INTERCONNECTION DETAILS
18
EXHIBIT C
SECURITY AND ADDITIONAL COSTS AND ESCROWS
Required Cash Escrow - $_______ (To be collected upon Improvement Agreement Execution)
Required Letter of Credit - $ _____________ (To be Collected upon Improvement Agreement
Execution)
1
DECOMMISSIONING AGREEMENT — NEW ENERGY EQUITY BARR
DISTRIBUTION SOLAR ENERGY SYSTEM
THIS DECOMMISSIONING AGREEMENT (“Agreement”), is made and entered into
on the ___ day of _______________, 2026, by and between the City of Scandia, a Minnesota
municipal corporation, (“City”), MN CSG 2019-69 LLC, a Minnesota limited liability company
(“Developer”), and Dean D Barr Trusts, a _______ (“Owner”).
RECITALS
WHEREAS, the parties have entered into a Site Improvement Agreement for a solar energy
system (the “Improvement Agreement”), which is hereby incorporated into this Agreement as if set
forth here in full; and
WHEREAS, the parties wish to enter into an Operations, Maintenance, and
Decommissioning Agreement to provide for additional terms beyond the life of the Improvement
Agreement.
NOW, THEREFORE, subject to the terms and conditions of this Agreement and in reliance
upon the representations, warranties and covenants of the parties herein contained, the City and
Developer and Owner agree as follows:
1. Purpose; Relationship to Improvement Agreement
a. This Agreement sets out ongoing operations and maintenance obligations
(including panel upkeep and drainage/erosion), and decommissioning obligations,
including required financial assurance via an irrevocable letter of credit , bond, or
escrow. Nothing herein limits or waives any requirement under the Improvement
Agreement; where this agreement imposes a greater or more demanding obligation,
that obligation controls for the matters addressed herein.
2. Operations and Maintenance Obligations
a. Developer shall, at its sole cost, operate, maintain, repair, and replace the
Improvements in accordance with the Development Plans, applicable City
ordinances, and applicable requirements of Other Regulatory Agencies, keeping the
Improvements in good working order and in a safe, neat, and orderly condition for
the life of the use.
2
b. Developer shall maintain panels, inverters, racking, wiring, fencing, and associated
equipment per manufacturer specifications and industry good practice to ensure
continuous functionality and safety. If the Solar Project remains nonfunctional or
inoperative for a continuous period of one year, it shall be deemed abandoned and
must be removed in accordance with the Decommissioning obligations below.
c. Developer shall own, operate, and maintain drainage facilities; maintain erosion
control measures and any necessary pond maintenance; and remain responsible for
all damage caused by the Solar Project until Improvements are fully
decommissioned.
3. Reporting; Recordkeeping; Access and Inspections
a. Developer shall maintain records of inspection, maintenance, repair, replacement,
and landscaping/screening upkeep, including erosion and drainage maintenance,
and make such records available to the City upon reasonable request as part of
ensuring compliance with Development Plans and City review.
b. Developer shall promptly notify the City if the Solar Project becomes nonfunctional
or inoperative for more than six months and provide a corrective action plan or, if
applicable, a decommissioning schedule consistent with Section 5 of this
Agreement.
c. Upon commercially reasonable notice and Developer’s prior consent, Developer
and Owner grant the City and its agents a license to enter the Property to perform
all inspections deemed appropriate by the City related to the operation,
maintenance, screening/landscaping, erosion control, and decommissioning
obligations.
4. Financial Assurances; Costs; Enforcement Costs
a. Developer bears all costs of operation, maintenance, repair, replacement, and
compliance activities for the Improvements throughout the term of use.
b. Developer shall pay the City for costs incurred in the enforcement of this
agreement, including engineering and attorneys’ fees, and other costs referenced in
the Improvement Agreement.
5. Decommissioning Obligations
a. If the Solar Project remains nonfunctional or inoperative for a continuous period of
one year for reasons within the Developer’s control or not due to a force majeure,
the system shall be deemed abandoned and constitutes a public nuisance; Developer
must remove the system at its expense after obtaining a demolition permit.
Developer shall secure any necessary local, state, and federal permits for
decommissioning prior to commencing decommissioning work.
3
b. Removal includes the entire structure including transmission equipment, with site
restoration obligations to remove Improvements and stabilize the Property.
c. The decommissioning plan submitted by Developer identifies a total cost,
accounting for a 2.5% inflation over 35 years, of $1,072,575.14.
Contemporaneously with this agreementUpon final completion of the solar
projectSolar Project and approval to operate from the utility, Developer and Owner
shall deposit with the City an irrevocable letter of credit (or establish a bond or
escrow account) in the amount of $1,100,000563,344.80 to secure
decommissioning. Such bond or financial security must be issued by a creditable
banking institution chartered to operate in Minnesota, and will serve as financial
assurance for all decommissioning obligations. The parties will periodically update
the bond (or other form of financial assurance) amount as set forth in Exhibit 1 to
reflect the then estimated, actual decommissioning amount.
d. The decommissioning financial assurance shall be in the form of a bond or
irrevocable letter of credit (or escrow) meeting the requirements above and
maintained continuously until released by the City upon completion of
decommissioning and satisfaction of release conditions below.
e. The City may draw on the decommissioning financial assurance to fund
decommissioning if the Solar Project is abandoned as defined or if Developer fails
to perform decommissioning after notice and cure per the Improvement Agreement;
or to reimburse the City for necessary actions to stabilize the Property.
f. Developer may request reductions only upon completion of discrete, verifiable
decommissioning milestones accepted by the City Engineer and City Council in
their discretion, including retention of 10% until final acceptance to protect against
deficiencies.
g. Upon (i) completion of removal of the entire structure including transmission
equipment, (ii) restoration and stabilization of the Property to the City Engineer’s
satisfaction, and (iii) payment of all City costs and expenses referenced in Article
4 and 5, the City will release remaining financial assurance, less any amounts
retained or drawn for noncompliance.
6. Term; Termination
a. This Agreement remains in effect from execution and recordation until (a) the Solar
Project is decommissioned in accordance with Section 5; (b) the City Engineer has
accepted completion of decommissioning and site stabilization; and (c) all City
costs are paid and financial assurance released.
b. This Agreement runs with the land and is binding upon successors and assigns, and
may be assigned without City consent provided notice is provided to City within
thirty (30) days after the assignment. Any amendment, extension, or waiver must
be in writing executed by the parties.
4
(remainder of page left blank intentionally; signature pages to follow)
5
MN CSG 2019-69 LLC, a Minnesota limited liability company
By: _____________________
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of __________________,
2026 by ______________________, the _______________________ of MN CSG 2019-69 LLC,
a Minnesota limited liability company, on behalf of said corporation.
Notary Public
6
CITY OF SCANDIA
By: _____________________________
Steve Kronmiller
Its: Mayor
Attest: _____________________________
Kyle Morell
Its: City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2026 by Steve Kronmiller and Kyle Morell, the Mayor and City Administrator respectively, of the
City of Scandia, a Minnesota municipal corporation, on behalf of the City of Scandia.
_____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY: AFTER RECORDING PLEASE RETURN TO:
Amanda Johnson # 0400128 City of Scandia
Eckberg Lammers 14727 209th St. N
1809 Northwestern Ave Scandia, MN 55073
Stillwater, MN 55082
7
EXHIBIT 1
DECOMMISSIONING AMOUNT SCHEDULE
Operation
Year Decom Amount
Year Decom Amount
1 $ 563,344.80 1 $ 563,344.80
2 $ 563,344.80 2 $ 577,428.42
3 $ 563,344.80 3 $ 591,864.13
4 $ 563,344.80 4 $ 606,660.73
5 $ 563,344.80 5 $ 621,827.25
6 $ 637,372.93 6 $ 637,372.93
7 $ 637,372.93 7 $ 653,307.26
8 $ 637,372.93 8 $ 669,639.94
9 $ 637,372.93 9 $ 686,380.94
10 $ 637,372.93 10 $ 703,540.46
11 $ 721,128.97 11 $ 721,128.97
12 $ 721,128.97 12 $ 739,157.20
13 $ 721,128.97 13 $ 757,636.13
14 $ 721,128.97 14 $ 776,577.03
15 $ 721,128.97 15 $ 795,991.45
16 $ 815,891.24 16 $ 815,891.24
17 $ 815,891.24 17 $ 836,288.52
18 $ 815,891.24 18 $ 857,195.74
19 $ 815,891.24 19 $ 878,625.63
20 $ 815,891.24 20 $ 900,591.27
21 $ 923,106.05 21 $ 923,106.05
22 $ 923,106.05 22 $ 946,183.70
23 $ 923,106.05 23 $ 969,838.29
24 $ 923,106.05 24 $ 994,084.25
25 $ 923,106.05 25 $ 1,018,936.36
26 $ 1,044,409.77 26 $ 1,044,409.77
27 $ 1,044,409.77 27 $ 1,070,520.01
28 $ 1,044,409.77 28 $ 1,097,283.01
29 $ 1,044,409.77 29 $ 1,124,715.09
30 $ 1,044,409.77 30 $ 1,152,832.96
31 $ 1,072,575.14 31 $ 1,181,653.79
32 $ 1,072,575.14 32 $ 1,211,195.13
33 $ 1,072,575.14 33 $ 1,241,475.01
34 $ 1,072,575.14 34 $ 1,272,511.89
35 $ 1,072,575.14 35 $ 1,304,324.68
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 10-21-25-03
APPROVING CONDITIONAL USE PERMIT FOR A DISTRIBUTION SCALE SOLAR
ENERGY SYSTEM LOCATED ON 20.032.20.24.0002 LOCATED AT 11522
MAYBERRY TRAIL NORTH
WHEREAS, Jesse Dimond, MN CSG 2019-69 LLC; New Energy Equity, LLC (the
applicant' or the "operator"), on behalf of Dean D Barr Trust (the "owner"), made an
application for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES)
to be located at PID 20.032.20.24.0002 located at 11522 Mayberry Trail North:
THAT PART OF GOVERNMENT LOT THREE (3), EXCEPT THE NORTH 151 FEET,
IN SECTION TWENTY (20), TOWNSHIP THIRTY-TWO (32), RANGE TWENTY
20), LYING NORTH AND WEST OF THE TOWNSHIP ROAD PRESENTLY
RUNNING OVER AND ACROSS SAID TRACT, WASHINGTON COUNTY,
MINNESOTA.
aill It]
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP
32 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, EXCEPTING
THEREFROM THE WEST 483.50 FEET OF THE SOUTH 587.0 FEET THEREOF,
WASHINGTON COUNTY, MINNESOTA
WHEREAS, the Planning Commission reviewed the request for the Conditional Use
Permit (CUP) at a duly noticed Public Hearing on October 7, 2025, and recommended that the
City Council approve the CUP, with conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a
Conditional Use Permit to allow for a Distribution SES, located at H 522 Mayberry Trail North,
based on the following findings:
Objectives of the Comprehensive Plan include promoting the use of renewable energy
systems on housing and in areas where such systems can be safely operated and produce a
minimum level of visual impact. The Distribution Solar Energy System (DESE) is allowed
through a Conditional Use Permit within the SES-0 district and helps obtain the objectives
of the Comprehensive Plan. Staff have included conditions to address the conditions
established within the Unified Development Code (UDC).
Resolution No.: 10-21-25-03
Page 2 of 5
2. The DSES will promote and enhance the general public welfare and will not be detrimental
to or endanger the public health, safety, morals, or comfort. Reasonable conditions of
approval can be added if the Planning Commission finds issues with the proposed SES.
3. The DSES use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values or scenic views. Screening for roadways and nearby dwellings is
required as a condition of approval. The proposed system meets setbacks as required within
the UDC.
4. The proposed DSES will not impede development or improvement of surrounding
properties.
5. The proposed DSES use is not anticipated to substantially increase use, cause undue wear,
or cause any detriment that is atypical from regular use.
6. The proposed use is consistent with the applicable regulations of the AG-C District and
generally consistent with the use specific standards within the UDC for DSES. Reasonable
conditions have been included with the approval to address where the application is
inconsistent with the standards of the UDC. Any significant changes to the DSES or site
plan will be required to conform with the applicable regulations of the district and the
Conditional Use Permit must be amended to allow for the change.
7. The Conditional Use Permit conflicts with a number of the specific performance standards
established in Section 153.300.030 (BB), that must be addressed. Staff have included
conditions where the application does not meet these standards.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The project shall be in substantial compliance with the plans reviewed and approved with
this request, with the exception of where revisions are required with this approval.
2. Treatment of stormwater runoff should be consistent with MPCA storm water manual
guidance for solar projects.
3. Facility location and design must minimize impact on habitat and wildlife movement.
4. Before a building permit can be issued on the site the following must occur:
a. The applicant must complete an interconnection agreement with a local utility and
provide a copy of the agreement to the City. The system operator must provide a
visible external disconnect if required by the utility.
b. The applicant shall complete a Developer Agreement with the City. The
Agreement shall include financial guarantees acceptable to the City), to assure
compliance with the Vegetative Escrow, Landscaping Plan, and
Decommissioning Plan. The Development Agreement shall be signed by the City
and the applicant before the City approves the final permit for the solar
installation.
c. The City will require the establishment of an escrow account, from a creditable
banking institution chartered to operate in the State of Minnesota, to ensure
vegetation is installed and establishes itself as identified in the approved permit,
based on an estimated cost for plantings and labor provided by the applicant. The
Resolution No.: 10-21-25-03
Page 3 of 5
planting and screening plan must utilize the recommended plant types described
in Section [153.400.060] and must be approved by the City.
d. The City will require the posting of a bond, letter of credit or the establishment of
an escrow account to ensure decommissioning. The decommissioning plan must
provide a letter of credit that does not give credit towards salvage material. The
guarantee shall be from a creditable banking institution chartered to operate in the
State of Minnesota.
e. The applicant must submit proof that a current general liability policy covering
bodily injury and property damage with limits of at least $1 million per
occurrence and $2 million in the aggregate or the maximum liability thresholds
set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, to
the City.
f. The screening shall fully obscure 100% view of the solar panel area from any
adjacent road right-of-way immediately upon screen completion in accordance
with this section, and shall be completed prior to the remainder of solar facilities
and panel installation. Effectiveness of screening shall be reviewed and approved
by city staff prior to continuation of project installation.
g. A MPCA General Stormwater Permit will be required.
It. The applicant must demonstrate how a backhoe would be able to access all
proposed stormwater facilities in the future to perform maintenance.
i. Submitted plans must be revised to be consistent with the conditions in this
approval, including but not limited to:
i. Proposed plantings shall, at minimum, meet the standards established in
Table 153.400.060-2.
ii. Power and communication lines that are not defined in this the UDC as
Essential Services and running between banks of solar panels and the
interconnection pole or other point of interconnection must be buried
underground.
iii. A grading plan and erosion control plan shall be submitted and meet the
standards in the UDC and be approved by the City Engineer.
5. If any concrete is used onsite for construction, all wash outs from cement trucks shall not
be dumped on site.
6. If any scenic canvas becomes damaged or fades to point it no longer camouflages prior to
the completion of the compliance period to establish vegetative cover, said canvas must
be replaced with 60 days of notice to the landowner and owner of the Distribution SES.
7. The required screening must be achieved within six growing seasons from the date of
project approval. If the screening is not established within 6 growing seasons, it must be
implemented through the planting of mature vegetation to fully obscure (100%) view of
the solar panels as described in current ordinance. Once vegetative screening is
established, the scenic canvas must be removed.
8. The applicant shall maintain landscaping and screening for the full term of the permit up
to the site being decommissioned. The City may enter and inspect the property, outside
the area protected around the array by fencing, at any reasonable time for the purpose of
Resolution No.: 10-21-25-03
Page 4 of 5
investigating a reported violation or to ascertain compliance or noncompliance with the
current standards or approvals regulating screening.
9. The City reserves the right to utilize the vegetative escrow required with the permit to
address noncompliance with approved screening if the applicant or operator does not
bring the site into compliance within nine months.
10. If glare is reported as a nuisance staff will review the existing conditions and the
applicant must address any concerns identified by staff to bring the use into compliance
with the current regulations.
11. No exterior lighting is proposed or approved with this approval.
12. The first 50 ft. of the access road off of MN 97 shall be either bituminous or concrete to
prevent tracking sediment onto MN 97.
13. The applicant shall stake the required setback from Mayberry Trail North so that the
Building Inspector can verify the setbacks before construction begins.
14. Signage must be installed that clearly identifies the array and emergency contacts that are
responsible in the case of an emergency within three months of a final building permit
being issued. Signage must be screened from public right of way and residential uses
within 350 ft.
15. Signs, informational, or visual communication devices shall comply with applicable
regulations.
16. All plans submitted for building permit approval shall be prepared by a licensed,
professional engineer.
17. Any expansion of the DSES shall require an amended conditional use permit.
18. The applicant shall obtain all necessary permits prior to work on the site, including but
not limited to:
a. The Distribution Scale Solar Energy System shall comply with all applicable
local, state and federal regulatory standards, including the current Uniform
Building Code, the National Electric Code, the State Plumbing Code, and the
Minnesota Energy Code.
b. Driveway access permits from the City of Scandia shall be secured for the access
drives before the City approves the final permit for the solar installation.
c. The applicant shall obtain the required Watershed District permit(s).
d. The applicant shall obtain the required grading and erosion control permit from
the City.
e. The applicant shall obtain the required building permit from the City.
19. The applicant shall comply with all applicable local, state, and federal permits and
requirements for the new development on the parcel.
20. The City may revoke the Conditional Use Permit for the site if the site is not in
compliance with any condition of this approval and if all permits and required work to
comply with approvals from other local, state, and federal permits is not completed.
21. The applicant/operator of the DSES shall pay all costs incurred by the city to monitor
compliance with conditions of the Conditional Use Permit
22. The applicant shall pay all fees and escrows associated with this application.
Resolution No.: 10-21-25-03
Page 5 of 5
Whereupon, said Resolution is hereby declared adopted on this 21" day of October 2025.
teve Kronm le •, Mayor
t
2L
Jesse Dimond, Applicant
L*X
J tin Barr, Trustee to DEAN D BARR TRUST
ATTEST:
Kyle Mo , Ciiy Administrator