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6. Development agreement with Scandia Trail Solar LLC Staff Report Date of Meeting: September 6, 2017 To: City Council From: Neil Soltis, Administrator Re: Development agreement with Scandia Trail Solar LLC Background: At the April 19, 2016 meeting the Council approved a conditional use permit for the construction of a community solar garden on property owned by Kevin and Susan Nickelson and Daniel and Judith Booren south of MN 97. A copy of the resolution follows this cover memo. The development agreement was drafted by City Attorney Andy Pratt. There have been minor language modifications that have been agreed to by the legal counsel for both the City and the developer. The developer has applied for a building permit and those plans have been approved and the City is holding a check for the permit amount. The items that remain to be received or resolved before the execution of the development agreement and the release of the building permit are:  Provide a copy of the interconnection agreement with Xcel Energy  City Planner approval of the revised landscape plan that reflects City Planner comments on the original submittal  Determination of landscape and screening escrow amount (dependent on the approved landscape plan)  Providing financial security for decommissioning  Revision of grading plan to reflect City engineer comments  Copy of Watershed District permit  Providing copy of general liability certificate Issue: Should the Council approve the form of the development agreement with the provision that the development agreement not be executed and building permit issued until all of the submittals required by the Conditional Use Permit and the Development Agreement are received and found to be sufficient. Proposal Details: See the attached draft agreement and conditional use permit. Fiscal Impact: All costs related to the agreement will be paid via the escrow deposit submitted. Once constructed that City will benefit from the increase valuation of the property and will receive a portion of the generation fees. Options: 1. Approve the form of development agreement as presented at the meeting and allow the execution of the agreement by the Mayor and Administrator once all submittals are received and found to be sufficient. 2. Approve the form of the development agreement subject to addition conditions 3. Defer action on the agreement. Recommendation: Option 1 CITY OF SCANDIA, MINNESOTA DEVELOPER’S AGREEMENT THIS DEVELOPER’S AGREEMENT (the “Agreement”) is made and entered into this ____ day of _____________, 2017, by and among the City of Scandia, Minnesota, a municipal corporation and political subdivision under the laws of the State of Minnesota (the “City”), and Scandia Trail Solar, LLC, a Delaware limited liability company (“Owner” and “Developer”) as successor in interest to SEVMN1, LLC, a Minnesota limited liability company (“Applicant”). WHEREAS, the Applicant submitted an application for a Conditional Use Permit (CUP) to the City for a community solar garden to be located on two parcels of land aggregating approximately 70 acres, located south of Trunk Highway 97 (Scandia Trail North), between Manning Trail North and Lofton Avenue North, and as legally described on Exhibit A attached hereto (the “Property”) (Parcel Identification Nos. 190.322.0110003 and 200.322.0220001). The Developer seeks to install a solar array on the Property consisting of a five Megawatt (MW) solar garden (the “Project”). WHEREAS, the western 31 acres of the Property is located within the Agricultural Preserves District, and the eastern 39 acres of the Property is located within the Agricultural Core District. In each zoning district, the proposed use of the Property as a solar array is allowed with a CUP. WHEREAS, the City’s Planning Commission conducted a public hearing on the CUP application on April 5, 2016, and recommended approval to the City Council of the City, which approval was granted pursuant to Resolution No. 04-19-16-03, adopted on April 19, 2016 (the “Resolution”). WHEREAS, as a part of the City’s approval of the Project through the CUP, the City Council imposed 21 conditions upon the Project, including the execution of this Agreement. The Developer has deposited sufficient escrow funds with the City to complete this Agreement and oversee the Project. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is agreed as follows: 1. Interconnection Agreement. The Developer must enter into an Interconnection Agreement with Xcel Energy, allowing for the transmission of solar energy from the Project to be distributed by the Xcel power grid. An executed Interconnection Agreement must be filed with the City before the Project may receive any building, grading, or land alteration permits from the City. 2. Fencing & Screening; Landscape Plan. The Developer has proposed the erection of a seven-foot tall opaque fence around the Project. Any fence over six-feet tall in height requires an Administrative Permit. The Developer shall therefore obtain an Administrative Permit from the City to establish and maintain a fence around the Project. Any fence and Project equipment shall be setback appropriately from Trunk Highway 97. Any fence taller than six feet in height shall require an Administrative Permit from the City before it may be placed. The fence shall not exceed 12 feet in height, and may be placed along a property line provided no physical damage of any kind results to the abutting property. The Developer shall additionally provide screening of approximately 95% of the view of the Project from Trunk Highway 97. The purpose of the screening is to prevent reflective glare toward any inhabited buildings on adjacent properties and adjacent street rights of way, as it has been determined that the greatest potential for visibility and glare is likely to be toward the east and west of the Project, since the solar array tracks the sun from east to west. Screening shall consist of a mix of coniferous and deciduous tree and shrub species that are consistent with the City’s rural character, and stand at least six feet in height at the time of planting. These plantings and screenings shall be described in a Landscape Plan, to be deposited with the City. The City Administrator, with assistance from the Developer, shall determine whether the 95% screening requirement is met under the Landscape Plan. If the screening requirement is not met, the Developer shall amend the Landscape Plan to meet the screening requirement before the Project may receive any building, grading or land alteration permits from the City. Additionally, the Developer shall maintain existing wooded areas on the east side of Parcel No. 200.322.0220001 to screen the Project from view from adjacent residential structures, and shall maintain the screening plantings that are completed along the north and west boundaries of the Property for the length of time the Project exists on the Property. 3. Fencing & Screening Escrow. To ensure the screening under the Landscape Plan is sufficiently established, and as a condition to executing this Agreement, the Developer shall deposit an escrow security, in the amount of $_____________, with the City. The escrow security may be in the form of a cash escrow, letter of credit or a performance bond. Any letter of credit or performance bond must be reviewed and approved by the City Attorney. The escrow will be maintained with the City until the date that is one year after the landscape screening is completely installed, in the sole discretion of the City, which date will be communicated with the Developer. During this one-year period, the City may draw on the escrow security to ensure the landscape screening is installed and maintained in living condition. At the aforementioned one-year date, if, to the satisfaction of the City, the landscape screening is being maintained in living condition, the City will refund the remaining escrow amount or release the letter of credit, as the case may be, to the Developer. If the City determines the escrow security must be replenished during the aforementioned one-year period, the City will communicate accordingly to the Developer in writing. Any escrow amount remaining will then be promptly refunded to the Developer. 4. Project Decommissioning Costs. As of the date of this Agreement, it is estimated the cost of decommissioning the Project is $133,200 (the “Decommission Cost”). This cost is itemized on Appendix A of the Developer’s Solar Project Facility Decommissioning Plan, dated February 2016, which is on file with the City. To adequately protect the City in case the Project is decommissioned or abandoned, before any building, grading or land alteration permits are issued by the City, the Developer shall deposit financial security with the City, which may be in the form of a cash escrow, letter of credit, or performance bond, in the amount of One Hundred Twenty-Five Percent (125%) of the Decommission Cost ($166,500). Any letter of credit or performance bond must be reviewed and approved by the City Attorney. The City shall have the right to apply against the financial security all expenses incurred with decommissioning and rehabilitating the Property in case the Developer is in default or otherwise abandons the Project. 5. Access to Property. Access to the Property shall be from the existing driveway exiting on Trunk Highway 97. The Developer shall obtain any required access easements from Xcel Energy, if required to access the Property from Parcel Identification No. 190.322.0420001. The Developer shall be responsible for all costs associated with any work within or affecting Minnesota Department of Transportation (MnDOT) right-of-way, and shall obtain all required MnDOT permit(s), if required for the driveway access. The Developer shall install a lock-box or similar point of access at the entrance to the Project, to allow for emergency access at such point. 6. Wetlands. The Project must comply with all requirements of the Washington Conservation District. Included in these requirements is the obligation that the Project may not impose within jurisdictional wetlands on the Property. The WCD has identified a jurisdictional wetland on the Property, and the Project must be located at least 75 feet away from such wetlands. The parties hereto acknowledge and understand the Washington Conservation District has concluded that no wetland delineation is required for the Project, as the Project equipment is located approximately 300 feet away from the jurisdictional wetland. If Project equipment is located closer to the wetland than shown on the Developer’s construction plans, the Developer must evidence to the City and all other regulatory bodies with jurisdiction that the Project is located at least 75 feet away from the jurisdictional wetland, before the Project may receive any additional building, grading or land alteration permits from the City. 7. Engineering. The Developer must comply with the following engineering requirements: (a) Before any work commences on the Property, the Developer must obtain grading and land alteration permits from the City. The Developer must submit a Grading Plan and an Erosion and Sediment Control Plan to the City before a grading permit will be released. (b) The access road to the Project from Trunk Highway 97 must be at least 20 feet in width to allow for emergency access. The interior of the Property shall always be maintained to provide sufficient width for emergency access for local law enforcement, fire, and ambulatory vehicles. (c) If necessary upon review of the Grading Plan by the City Engineer, the Developer must submit additional information to the City Engineer ensuring that water will not pond on the access roads within the Project. The access roads cannot be soft and non- maneuverable for heavy emergency medical vehicles. (d) All requirements of the Carnelian Marince St. Croix Watershed District shall be complied with, and all permits received from the Watershed District shall also be deposited with the City. 8. Signage. The Developer shall place a clearly-visible warning sign concerning voltage at the base of all pad-mounted transformers and substations within the Project. 9. Supporting Mechanical Equipment. All mechanical equipment supporting the Project, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, which shall be adequately screened. 10. Lighting. The Developer understands and acknowledges that no new lighting is proposed for the Project. If lighting is proposed at a later date it must meet all City Ordinance requirements. 11. Binding Effect; Assignment; Recording. (a) The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners or developers of all or any part of the Property and shall be deemed covenants running with the land. (b) Upon written notice to the City, the CUP and this Agreement, including all rights and obligations therein and herein, may be assigned, in whole or in part, to any affiliate of the Owner and, in the reasonable judgment of the City, to any party with experience owning and operating energy generation or other utility infrastructure facilities. Assignment to any other party not mentioned in the previous sentence shall require written consent by the City, such consent not to be unreasonably withheld. (c) This Agreement shall be recorded within the land records of Washington County so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees shall be paid by the Developer. 12. Related Documentation. Below is a list of the planning reports, resolutions, files and final documentation related to the Project. These documents may be relied upon by the parties hereto throughout the term of this Agreement. 1. Conditional Use Permit Application, dated February 29, 2016. 2. TKDA staff memorandum to City Council, dated April 19, 2016. 3. Planning Commission official minutes, dated April 5, 2016. 4. Developer plans and specifications, dated March 16, 2016, as may be supplemented and revised. 5. Resolution No. 04-19-16-03, Approving a Conditional Use Permit for a Solar Farm Located on Parcels 190.322.0110003 and 200.322.0220001 and Located South of State Trunk Highway 97, Between Manning Trail North and Lofton Avenue North, adopted by the City Council of the City on April 19, 2016. 6. City Ordinance No. 162, including any amendments or supplements. 13. Administrative and Miscellaneous Expenses. The City acknowledges it has received an administrative escrow payment from the Developer in the amount of $300.00, which is to be used to reimburse the City for any expended staff expenses, as well as planning consultant review and legal counsel review. The Developer must continue to pay all fees and escrows associated with the Project, and may be billed separately by the City for all charges over and above the aforementioned escrow amount. If the City seeks to impose additional administrative expenses on the Developer payable through a replenished escrow amount, the Developer shall be given the opportunity to review and comment on such expenses prior to the application by the City for the payment of same. 14. Indemnification; Insurance. To the fullest extent permitted by law, the Developer shall indemnify and hold harmless the City, its agents and employees from and against any and all claims, damages, losses or expenses, including but not limited to attorney’s fees, arising out of the actions of the Developer in connection with this Agreement. The Developer shall additionally provide the City with a current general liability certificate of insurance with the City, evidencing bodily injury and property coverage with limits of at least $1 million per occurrence and $1 million in the aggregate. The City shall be named as an additional insured on the policy, on a non- contributory basis. The Developer shall maintain all such insurance coverage as described in this Section for the entire term of this Agreement. 15. Breach. In the event of breach of the Developer of any or all of the terms hereof, including but not limited to the failure to complete installation of the Project as specified, the City will pursue remedies through the CUP first and will not exercise contract remedies at law or equity (such as drawing on financial securities provided by the Developer hereunder) for a breach of this Agreement until after 60 days’ notice to the Developer, giving the Developer an opportunity to cure during such 60-day period (and such longer period if reasonably necessary, and Developer is pursuing a cure in good faith during such longer period). 16. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by any party to this Agreement to or on another party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail, return receipt requested. Such notice or demand shall be deemed timely given when delivered personally of when deposited in the mail in accordance with the above. The addresses of the parties hereto are as follows, until changed by notice given as above: City: City of Scandia, Minnesota 14727 209th Street North Scandia, Minnesota 55073 Attention: City Administrator With copy to: Eckberg Lammers, P.C. Scandia City Attorney 1809 Northwestern Avenue Stillwater, Minnesota 55082 Developer: Scandia Trail Solar, LLC 700 Universe Blvd. Juno Beach, Florida 33408 Attention: Vice President, Distributed Generation 17. Miscellaneous. (a) Notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s comprehensive plan, official controls, state and federal laws and regulations, platting or dedication requirements enacted prior to the date of this Agreement. (b) The Developer represents to the City that the Project complies with all City, county, state and federal laws and regulations, including but not limited to zoning ordinances and environmental regulations. Development of any subsequent phases of property adjacent to the Project may not proceed until a separate developer’s agreement and an amended CUP for such phase is approved by the City. (c) If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision will not affect the validity of the remaining portions of this Agreement. (d) Any action or inaction of the City in relation to enforcement of this Agreement shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by all parties, and approved by resolution of the City Council of the City. The City’s failure to promptly take legal action to enforce this Agreement shall not constitute a waiver or release. (e) Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City at law or in equity, or under any other contract, and each and every right, power or remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient at any time thereafter. (f) Each covenant, obligation and responsibility in this Agreement shall be jointly enforced against the Owner and the Developer. The City may hold the Owner responsible for any default or inaction on the part of the Developer, and vice-versa. (g) Neither the Developer nor the City will have any liability to the other for special, indirect, punitive, or consequential damages arising from or relating to this Agreement, regardless of whether based on a theory of breach of contract, tort, or equity. Additionally, the Parties intend and agree that Developer’s liability under this Agreement shall be limited to the financial security required to be posted pursuant to either or both this Agreement and the Resolution. 18. License. By this Agreement, 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 the Project. This license shall expire after the Project is deemed to be substantially constructed, by mutual agreement among all the parties. The Developer shall be responsible for obtaining all proper permits from the Minnesota Pollution Control Agency, if necessary. The City makes no representation or guarantee that the permits will be granted to the Developer. 19. Clean-up. The Developer shall promptly clean up any soil, earth or debris on City- owned property, any property that is to become City-owned, or any public right-of-way resulting from construction work on the Project by the Developer, its agents or assigns. 20. Entire Agreement; Governing Law. This Agreement and the documents described in Section 12 herein represents the entire agreement between the parties concerning the subject matter hereof, and all oral discussions and prior agreements are merged herein and therein. The validity, construction, and enforcement of this Agreement shall be determined according to the laws of the State of Minnesota, applicable to contracts executed and performed entirely within that state. IN WITNESS WHEREOF, the City of Scandia, Minnesota and Scandia Trail Solar, LLC have caused this Developer’s Agreement to be duly executed on the date and year first above written. CITY OF SCANDIA, MINNESOTA Christine Maefsky Mayor Neil Soltis City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _____________, 2017, before me a Notary Public, within and for said County personally appeared Christine Maefsky and Neil Soltis, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of Scandia, Minnesota, the municipal corporation and political subdivision named in the foregoing instrument; and that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public SCANDIA TRAIL SOLAR, LLC as successor-in-interest to SEV MN1, LLC By: Matthew S. Handel Its: Vice President STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) On this _____ day of ______________ 2017, before me a Notary Public, within and for said County personally appeared Matthew S. Handel, to me personally known, being by me duly sworn did say that he/she is the Vice President of SCANDIA TRAIL SOLAR, LLC, a Delaware limited liability company, and acknowledged said instrument to be the free act and deed of said limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Andrew J. Pratt, Scandia City Attorney Eckberg Lammers, P.C. 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 04-19-16-03 APPROVING A CONDITIONAL USE PERMIT FOR A SOLAR FARM LOCATED ON PARCELS 19.032.20.11.0003 AND 20.032.20.22.0001 AND LOCATED SOUTH OF STATE TRUNK HIGHWAY 97, BETWEEN MANNING TRAIL NORTH AND LOFTON AVENUE NORTH; WHEREAS, Sunrise Energy Ventures has made an application for a Conditional Use Permit for a Solar Farm to be located on Parcels Numbered 19.032.20.11.0003 and 20.032.20.22.0001 located south of State Trunk Highway 97 (Scandia Trail North) and between Manning Trail North and Lofton Avenue North, and owned Kevin and Suzanne Nickelson and Daniel and Judith Booren; and WHEREAS, the property is legally described as follows: Parcel #19.032.20.11.0003: NE1/4-NE1/4 S19 T32 R20 EXC 50 FT STRIP IN WIDTH OVER & ACROSS SD ¼-1/4 CONVEY TO POWER CO EXC; COMM AT PT ON E LINE OF SD ¼-1/4 2 RDS S OF NE COR OF SD ¼-1/4; THN S ON SD LINE 11 RDS; THN W PAR WITH N LIN OF SD ¼-1/4 15 RDS; THN N PAR WITH E LINE OF SD ¼-1/4 11 RDS TO PT 2 RDS S OF N LINE OF SD ¼-1/4 THN E PAR WITH N LINE OF SD ¼-1/4 15 RDS TO POB EXC N 825 FT OF W 300FT OF E ½-NE/14 OF SD SEC SUBJ TO AG PRES TO EXPIRE ON 11/09/2012 SECTION 19 TOWNSHIP 032 RANGE 020; and Parcel #20.032.20.22.0001: S ½-N ½-NW ¼ EXCEPT PT NE ¼-NW ¼ & Pt SE ¼-NW ¼ BEING THE E 65FT OF S 561FT OF NE ¼-NW ¼ SD SEC 20 & E 65FT OF N 151FT OF SE ¼-NW ¼ SD SEC 20 SECTION 20 TOWNSHIP 032 RANGE 020; and WHEREAS, the Planning Commission reviewed the request for a Conditional Use Permit at a duly noticed Public Hearing on April 5, 2016, and recommended that the City Council approve the Conditional Use Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a Conditional Use Permit to develop a Solar Farm on Parcels Numbered 19.032.20.11.0003 and 20.032.20.22.0001, located south of TH 97, between Manning Trail North and Lofton Avenue North , based on the following findings: 1. The proposed use will not negatively impact the health, safety and general welfare of the occupants of surrounding lands. It will not produce emissions or pollutants. It must meet regulatory requirements for stormwater management, erosion and sediment control and obtain required local, state and federal permits. The use will create minimal traffic, and Resolution No.: 04-19-16-03 Page 2 of 4 is required to obtain permits from MnDOT for access. The use will not create noise impacts on surrounding areas. The conditions of approval for the CUP include requirements to add screening to protect views from TH 97, and to maintain existing vegetation that will screen the solar farm from views from nearby homes. 2. The existing and anticipated traffic conditions will not negatively impact roadways. 3. The proposed use will assist local energy utilities and the State of Minnesota to meet goals for the generation of renewable energy, and therefore will have a positive impact on utilities. It will not negatively impact local school capacities. 4. The proposed use will not have a negative impact on property values and scenic views. The conditions requite the applicant to screen the site from view from TH 97 and maintain existing vegetative screening to protect adjacent properties from potential glare. The proposed use will not produce noise, emissions, or other impacts that would negatively affect property values. 5. The proposed use is consistent with the goals and strategies in the Comprehensive Plan, which encourages the use of renewable, local and diverse forms of energy. 6. The proposed use meets the dimensional requirements of the Development Code, and with the conditions proposed for approval, would meet the requirements and performance standards for Community Solar Gardens in the Code. 7. The proposed use will not have negative impacts on groundwater, surface waters and air quality. The use is required to obtain Watershed District and City permits to manage grading, erosion and sediment control to protect surface waters. The proposed plan avoids impacts to wetlands and shoreland areas near the proposed solar array. 8. The proposed use is allowed with a Conditional Use Permit in the Agriculture Core and Agriculture Preserves Districts. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The project shall be in substantial compliance with the plans submitted to the City on March 16, 2016, and shall submit updated plans to the City to address the items identified for review and approval by the Engineer in these conditions before a building permit shall be approved for the project. 2. The Solar Farm shall be in compliance 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. 3. The property owners shall either combine the two parcels where the array is located or the parcels may remain separate at the discretion of the property owners after discussion with MnDOT. If the parcels will be combined, either the property owners or the applicants must provide documentation to the City that the parcels have been combined Resolution No.: 04-19-16-03 Page 3 of 4 before a building permit shall be issued for the solar farm. If the applicants determine that the parcels will be kept separated, the project must comply with the 20-foot sideyard setbacks for each parcel. 4. The proposed driveway(s) shall be setback a minimum of five (5) feet from the parcel boundaries. 5. The applicant shall stake the setbacks for the solar arrays and driveway(s) in the field so that the building inspector can verify the setbacks. 6. The solar farm shall be designed, located, and/or screened to prevent reflective glare toward any inhabited buildings on adjacent properties and adjacent street rights of way. 7. The applicant shall provide a landscape plan for City approval to screen the site from view from TH 97. The plan shall utilize coniferous trees and deciduous trees and shrubs to provide 95% or more screening of the fence and site from views from TH 97, including the north and west boundaries of the site. The plan shall use species native to Minnesota, and plant materials shall be at least six feet in height at the time of planting. The City shall approve the landscape plan before issuing the building permit for the project. 8. The applicant shall maintain existing wooded areas on the east side of parcel 20.032.20.22.0001to screen the solar farm from view from adjacent residential structures, and shall maintain the screening plantings that are completed along the north and west boundaries of the site for the length of time that the solar farm exists on the site. 9. All new lighting and signage at the site shall meet the Development Code lighting requirements. 10. The applicant shall obtain the required Watershed District permit(s). 11. The applicant shall obtain the required Grading/Land Alteration Permit from the City. 12. The applicant shall address MnDOT’s comments included in its letter dated April 5, including the requirement to provide one access to the site, and to obtain any required MnDOT permits for work in the TH 97 right-of-way. 13. The applicant shall address the City Engineer’s comments included in his letter dated March 23, 2016, including:  The applicant shall secure and record right-of-way for access along the entire northern boundary of the property (Parcel ID 19.032.20.11.0003), consistent with parcel ID 20.032.20.22.0002, and reviewed and approved by MnDOT.  The new access point at TH 97 shall be reviewed and approved by MnDOT. If access is allowed, all driveway apron/culverts needed must comply with MnDOT requirements.  The applicant shall revise the plans to increase the size of the proposed gravel access roads to a minimum twenty (20) feet in width to meet the public safety requirements, and shall show a typical section of the gravel access road on the plans to support emergency medical vehicles. Resolution No.: 04-19-16-03 Page 4 of 4  The Engineer shall review site drainage based on the Grading Plan and with the configuration of the proposed access roads, including culvert locations. The applicant shall submit design the drainage on the site and submit information to show that water will not pond on the access roads to preclude use by emergency medical vehicles.  All site work shall be in compliance with the rules of the Watershed District. 14. The applicant shall obtain a Grading/Land Alteration Permit from the City. The applicant shall identify the proposed locations of grading activity on the grading plan, and shall include an erosion and sediment control plan for construction activities in the application. 15. The applicant shall comply with the Development Code and Solar Ordinance fencing requirements, and shall obtain an Administrative Permit for the fence if it exceeds 6 feet in height. 16. The applicant shall complete an interconnection agreement with the local utility and submit a copy of the agreements to the City before it issues building and other permits. 17. The applicant shall submit proof to the City that it has obtained and maintains general liability insurance that meets the ordinance requirement. 18. The applicant shall provide the warning signs at the site that are required by the City’s Solar Systems Ordinance. Design, locations and specifications of signs shall conform to the Development Code. 19. The applicant shall complete a Developer Agreement with the City. The Agreement shall include a financial guarantee acceptable to the City to assure compliance with the Decommissioning Plan. 20. Any expansion of the Solar Farm shall require an amended conditional use permit. 21. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 19th day of April, 2016. ______________________________ Randall Simonson, Mayor ATTEST: _________________________________ Neil Soltis, Administrator/Clerk