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2016-06-20 ENR Packet
AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, June 20, 2016 7:00 p.m. Council Chambers - Maplewood City Hall 1830 County Road B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval of Minutes:May 16, 2016 5.New Business a.Governmental Solar Subscriber Collaborative b.Valley Branch Watershed District Boundary Change c.ENR Commission Rules of Procedure Amendment – Meeting Start Times 6.Unfinished Business a.Urban Agriculture - Zoning Review 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.Energize Maplewood!Update b.Organics Tour at The Mulch Store in Rosemount – Tuesday, June 28 th c.Maplewood July 4Light it UpEvent – Monday, July 4 d.Trash/Recycling Subcommittee Meeting – Tuesday, July 12 at 2 p.m. e.Ramsey County Fair and Parade – Wednesday-Friday, July 13-17 f.Nature Center Programs 10.Adjourn Agenda Item 4 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,May 16, 2016 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:02 p.m.by Chair Miller. 2. ROLL CALL Keith Buttleman, Commissioner Present MaryHenderson, Commissioner Present Mollie Miller, Chair Present Ann Palzer, Commissioner Present Ryan Ries, Commissioner Present Tom Sinn, Vice Chair Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner Steve Love,City Engineer Chris Swanson, Environmental & City Code Specialist 3. APPROVAL OF AGENDA Chair Miller added6 b.to Commission Presentations (Subcommittee Members). Staff added 9.d. to Staff Presentations (Community Solar Gardens and Trash/Recycling Subcommittee Meeting). Commissioner Sinnmoved to approve the agenda as amended. Seconded by CommissionerButtleman. Ayes – All The motion passed. 4. APPROVAL OF MINUTES CommissionerRies moved to approve the April 18, 2016, Environmental and Natural Resources Commission Meeting minutes as submitted. Seconded by CommissionerYingling. Ayes – Chair Miller,Buttleman, Palzer, Ries, & Yingling Abstentions – Commissioner’s Henderson & Sinn The motion passed. May 16,2016 1 Environmental and Natural Resources Commission MeetingMinutes 5.NEW BUSINESS a.NPDES Phase II and MS4 Permit, 2015 SWPPP Annual Report–Public Hearing i.City Engineer, Steve Love gave the NPDES Phase II and MS4 Permit and 2015 SWPPP Annual Report and answered questions of the commission. Chair Miller opened upthe public hearing. There were no speakers to come forward to address the commission. Chair Miller closed the public hearing. No action was necessary. 6.UNFINISHED BUSINESS a.Urban Agriculture –Zoning Review i.Environmental Planner, ShannFinwall gave the Urban Agriculture -Zoning Review reportand answered questions of the commission. ii.Environmental & City Code Specialist, Chris Swanson addressed and answered questions of the commission. iii.Sarah Cade, 2616 Bittersweet, Maplewood, addressed the commission. Ms. Cade has a chicken permit from the Cityallowing her to keep nine chickens in her back yard.Ms. Cadeproposed a few changes to the City’s chicken ordinance as follows: allow more than ten chickens, remove the requirement for approval from 100% of the neighbors, remove the requirementfor chicken coop height, and reduce the cost of chicken permits. iv.Tim Richmond, 865 O’DayStreet, Maplewood,addressed the commission. Mr. Richmond applied for a chicken permit, but was denied due to the fact that his neighbor did not give permission as required by the chicken ordinance. Mr. Richmond proposed a change to the City’s chicken ordinance as follows: remove the requirement for approval from 100% of the neighborsandthe requirement for chicken coop height. The commission thanked the residents for sharing their experience with the chicken ordinance. The commission discussed possible changes to the City’s codes relating to animal agriculture. Staff will draft those changes to review by the commission in June. 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS a.Education Subcommittee Report Commissioner Buttleman gave anupdate on the education subcommittee. The subcommittee met in May to discuss a theme for the Waterfest event. b.Subcommittee Members Chair Miller asked for clarification on the subcommittee members for the Education and Trash/Recycling Subcommittees. Staff confirmed that Commissioners Miller, Buttleman, and Henderson are serving on the Education Subcommittee and Commissioners Sinn, Yingling, and Palzer are serving on the Trash/Recycling Subcommittee. May 16,2016 2 Environmental and Natural Resources Commission MeetingMinutes 9.STAFF PRESENTATIONS a.Waterfest (Saturday, June 4, 2016 11 am –to 4 p.m.) This event is held at Phalen Park on June 4. Staff will send out an invitation to the commission members. b.Tour of the Mulch Store in Rosemont (Organic Recycling Facility) City Environmental & Code Specialist, Chris Swanson stated that representatives from Republic Services and staff areschedulingatour of The Mulch Storein Rosemount. The Mulch Store is where the City’s organics are recycledand the tour is part of Republic Service’s work plan for improving the City’s solid waste management program. The tour will take place at 2:30 p.m. on a week day. c.Nature Center Programs Environmental Planner, ShannFinwall presented the upcoming Nature Center Programs. For more information contact the Maplewood Nature Center at (651) 249-2170. d.Community Solar Gardens Environmental Planner, Shann Finwall stated the Community Solar Garden subcommittee is still reviewing the subscription agreement. Additional information will be brought to the commission in June. e.Trash/Recycling Subcommittee Meeting Environmental Planer, Shann Finwall stated staff will be scheduling the first Trash/Recycling Subcommittee meeting in July. 10.ADJOURNMENT Chair Miller adjourned the meeting at 8:44p.m. May 16,2016 3 Environmental and Natural Resources Commission MeetingMinutes Agenda Item .a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM:Shann Finwall, Environmental Planner DATE: June16, 2016 for the June 20 ENR Commission Meeting SUBJECT:Governmental Solar Subscriber Collaborative Introduction In 2013, Minnesota legislation directed Minneapolis-based utility, Xcel Energy, to create a program for community solar gardens. Xcel Energy named the program the Xcel Energy Solar Rewards Community Program, and it is overseen by the state’s Public Utilities Commission. A community solar garden is a centralized, shared solar project connected to the energy grid that has multiple subscribers. Each subscriber receives a credit on their Xcel Energy electric bill based upon the production of the solar facility and their subscription share of that facility. Discussion City Electricity Use In 2015, Maplewood City facilities used 3,445,336 kWh of electricity at a cost of $312,524.77. Maplewood has seven buildings on the Xcel Energy gridand one on North St. Paul’s Minnesota Municipal Power Agency grid. The buildings located on the Xcel Energy grid and the average electricity used in those buildings is as follows: Buildingson Xcel Energy GridAverage Electricity Use Over the Last 24 Months 1.Community Center2,166,624kWh 2.City Hall 766,906kWh 3.Fire Station 2 (1955 Clarence Street) 116,080kWh 4.Fire Station 1 (600 McKnight Road) 99,616kWh 5.Fire Station3 (1530 County Road C) 53,973kWh 6.Parks Maintenance Building 47,360kWh 7.Nature Center 20,141kWh Letter of Intent On July 24, 2015, the City of Maplewood submitted a letter of intent to subscribe to one or more community solar gardens through the Governmental Solar Subscriber Collaborative (Attachment 1). Through the Collaborative the Metropolitan Council issued a Request for Proposal to find businesses and get proposals to develop community solar gardens to which the Metropolitan Council and other interested government entities could subscribe. The City’s letter of intent expressed interest in subscribing to enough solar power to offset up to 50% of our electricity use. Lottery Results Since that time the Metropolitan Council has concluded the solar garden vendor solicitation and negotiation and conducted a lottery to equitably assign the solar garden shares. Maplewood was issued one lottery ticket to the Geronimo Energy/BHE Renewablessolar garden which would offset up to 8% of the City’s electricity use. The cost savings was $.01 rebate per kilowatt of electricity used –an accumulated savings of $47,460 over the life of the 25-year contract. Geronimo Energy/BHE Renewables Geronimo Energy is a North American utility-scale wind and solar development company based in Minneapolis, Minnesota. Geronimo has developed over 1,400 megawatts of contracted wind farms and solar projects throughout the United States. Berkshire Hathaway Energy is an $80 billion portfolio of locally managed businesses, including BHE Renewables that share a vision for the energy future. Their headquarters are in Des Moines, IA. BHE Renewables owns solar, wind, geothermal and hydro projects that produce energy for both the whole sale market and for customers under long-term power purchase agreements. SubcommitteeReview of Lottery Results City staff formed a Community Solar Garden Subcommittee to look at the cost savings analysis of the original lottery. The subcommittee was made up of staff (Nick Carver, Shann Finwall, Chris Swanson), the City Attorney (Alan Kantrud), Environmental Commissioners (Commissioners Miller, Yingling, and Sinn), and a resident (Matt Ledvina).Earlier this year the subcommittee determined that signing onto a long-term contract for the 8% minimal offset would not be in the City’s best interest. Additional Solar Capacity Since that time Geronimo Energy/BHE Renewableshas informed the City that additional solar capacity has become available through the Governmental Solar Subscriber Collaborative. The additional capacity is due to other organizations declining their Agreements and additional solar garden opportunities.The City now has the opportunity to subscribe to 1,460,730kWh, enough solar power to offset 45% of the City’s electricity use (buildings on the Xcel Energy grid). The Agreement will specify that the community solar power offset electricity from the Community Centerbuilding -enough solar power to offset 67%of the Community Center’selectricity use. The terms of the agreement would be the same as the initial contract, with a cost savings of $.01 rebate per kilowatt of electricity used, regardless of price adjustments to electricity.There would be three agreements, representing the City’s subscription to 29% of three community solar gardens with an accumulated solar capacity of 1,460,730 kWh. Agreement number one is included for review(Attachment 2). The other two agreements are the same except for the name of the community solar garden. The cost analysis reflects an accumulated savings of $344,088.85over the life of the 25-year contract(Attachment 3). Subcommittee Review of Additional Solar Capacity The Community Solar Garden Subcommittee and City management have reviewed the new subscription and findthatit warrants further consideration by the Environmental and Natural Resources Commission and City Council.Following are benefits and risks to consider: 2 Benefits: 1.Support renewable energy; 2.Save the City money; 3.No upfront investment; 4.Pricing structure is straight-forward; 5.Subscription is transferrable; 6.There is no maintenance or overhead costs. Risks: 1.Xcel Energy gets to claim the environmental benefit (renewable energy credits) of a shared solar project; 2.New renewable energy technologies could become available during the 25-year agreement; 3.Solar credits may degrade slowly over time based on the solar technology or stop all together due to natural disaster. Recommendation Doug Wester of Geronimo Energy will be present during the June 20 Environmental and Natural Resources Commission to present the details of the Community Solar Garden Subscription Agreementand answer questions of the Commission. The Commission should review the Agreement and make a recommendation to the City Council on whether or not the City should subscribe to the community solar garden; and if so, to what capacity. Attachments 1.Letter of Intent 2.Agreement 1 3.Cost Analysis 3 Attachment 1 Attachment 2 SOLAR GARDEN SUBSCRIPTION AGREEMENT Agreementthe ______ day of ________________, 20_____ (the ) by and between Argo Navis CSG1, LLC, a Minnesota limited liability company ANCSG1 and City of Maplewood, a Minnesota municipal corporation SubscriberIn this Agreement, ANCSG1 and PartyParties RECITALS A. ANCSG1 intends to develop, operate and maintain a photovoltaic generation CSG )to be located at 21205 St. Croix Trail N, Scandia, MN 55073 Facility CSG Contract LDCdesigned capacity of the Facility shall be approximately 1,000 kW (1,279 kW) (subject to adjustment as described herein, the ACDC Facility Capacity B.The energy produced by the Facility will be delivered by ANCSG1 via interconnection of the Facility to the electric grid, to the LDC, which will calculate the monetary value of the energy received from the Facility per applicable utility tariff and convert that amount into credits per kilowatt hour (the Bill Credit Rate as defined in the CSG Contract) on the bills from LDC to the subscribers of ANCSG1Credits C. ANCSG1 will, in accordance with the terms hereof, and through the administrative process established by the LDC as approved by the Minnesota Public Utilities MPUCribers according to their respective Allocations (as defined below); D. Subscriber is an LDC customer (Premise. No. 303792399 and desires to purchase Credits from ANCSG1 in proportion to its expected consumption of electricity at 2100 White Bear Ave N, Maplewood, MN 55109 Customer Site NOW,THEREFORE, in consideration of the foregoing recitals, the mutual premises, representations, warranties, covenants, conditions herein contained, and the Exhibits attached hereto, Subscriber and ANCSG1 agree as follows. 1. Term. The term of this Agreement shall commence on the Effective Date, and, unless terminated earlier pursuant to the provisions hereof, shall terminate on the 25th Term. The Term shall not be extended by virtue of any period of disconnection or event of Force Majeure experienced bythe Facility. 2. Operation of the Facility. a. ANCSG1 shall operate the Facility during the Term so as to deliver all energy generated by the Facility to LDC in accordance with the CSG Contract and applicable LDC tariffs. 1 b. ANCSG1 shall maintain the Facility in good working order at all times during the Term, and shall operate the Facility in a manner reasonably intended to maximize the amount of Credits allocable to Subscriber, consistent with good custom and practice for operation of utility generating facilities. 3. Sale and Purchase of Credits; Allocation. a. ANCSG1 shall promptly notify Subscriber of the Date of Commercial Operation of the Facility as establisCommercial Operation Dateot achieved by December 31, 2017, and any of the following events or circumstances occur, either Party may terminate this Agreement, without liability, upon delivery of such notice to the other Party: i. after timely application to the LDC (or other applicable distribution service provider whose system the Facility connects to deliver energy Distribution Provider) and commercially reasonable efforts to secure interconnection services, ANCSG1 has not received written confirmation and evidence that interconnection services will be available for the energy generated by the Facility at the Facility Capacity; or ii. if the LDC or another party with the authority to do so disqualifies ANCSG1 or the Facility from participating in the CSG Program. b. ANCSG1 shall allocate a portion of Facility Capacity to Subscriber consisting of 370.910 kW (subject to update by ANCSG1 in connection with finalizing the DC Facility Capacity) equal to twenty-nine percent (29.0%Allocation ANCSG1 number(s), and service address(es) Subscriber Data c. ANCSG1 shall sell to Subscriber and Subscriber shall purchase from ANCSG1, the right to receive an amount of Credits calculated on the basis of that portion of the total kilowatt hours (in AC) delivered by the Facility to LDC which corresponds to the Allocation. The Allocation shall be effective for each and every LDC Production Month (as defined in the CSG Contract) during the Term. ANCSG1 account monthly for invoicing pursuant to Section 4 of this Agreement Creditsx = # of Credits, y = kWh delivered in a Production Month, and a = AC Allocation, x = y x a. 4. Price and Payment. a. For the right to receive Credits generated by the Facility each month, Subscriber shall pay to ANCSG1 an amount equal to the product of (i) the corresponding RewMonthly Allocation Payment b. Beginning with the second calendar month following the Commercial Operation Date, ANCSG1 service, for the the prior invoice date. Subscriber shall make its payments to ANCSG1 no later than thirty (30) 2 days following receipt of the applicable invoice. ANCSG1 shall include with each invoice, a copy of the LDC statement delivered to ANCSG1 that indicates the kWh upon which the LDC AC calculates the Credit to Subscriber. 5. Records and Audits. a. Upon request by Subscriber, ANCSG1 shall provide (i) evidence of the accuracy of its metering equipment for the Facility and/or (ii) such other information and records requested by Subscriber to enable Subscriber to verify the accuracy of the Credits awarded by the LDC and any other calculation and/or measurements described in this Agreement. b. ANCSG1 shall provide reports to Subscriber (i) monthly, containing the energy produced by the Facility, and (ii) annually, containing an audited financial statement of ANCSG1, and a current statement of management, financing parties, and operatorship of ANCSG1. Subscriber may provide comments to ANCSG1 on the accuracy and completeness of the annual reports, and shall provide a copy of any such comments to LDC. c. As required by Minnesota Statutes, section 16C.05, subdivision 5, the records, books, documents, and accounting procedures and practices of ANCSG1 and of any subcontractor of ANCSG1 relating to work performed pursuant to this Agreement shall be subject to audit and examination by the Subscriber and the Legislative Auditor or State Auditor as described in such subdivision. ANCSG1 and any subcontractor of ANCSG1 shall permit, upon reasonable advance written notice, the Subscriber or its designee to inspect, copy, and audit its accounts, records, and business documents at any reasonable time during regular business hours, as they may relate to the performance under this Agreement. Audits conducted by the Subscriber under this provision shall be in accordance with generally accepted auditing standards. 6. Taxes. a. Subscriber shall be solely liable for sales or similar taxes imposed by a governmental entity, if any, attributable to the sale of Credits allocated to the Subscriber. b. Subscriber shall have no interest in and have no entitlement to claim any investment tax credit or other tax benefits related to ownership of the Facility. 7. Representations, Warranties and Covenants. a. Each Party represents and warrants to the other Party: i. The Party is duly organized, validly existing, and in good standing in the jurisdiction of its organization and is qualified to do business in the State of Minnesota; ii. The Party has full legal capacity to enter into and perform this Agreement; 3 iii. The execution of the Agreement has been duly authorized, and each person executing the Agreement on behalf of the Party has full authority to do so and to fully bind the Party; and iv. To the best of its knowledge, there is no litigation, action, proceeding or investigation pending before any court or other Governmental Authority by, against, affecting or involving its ability to carry out the transactions contemplated herein. b. ANCSG1 represents, warrants, and covenants to Subscriber: i. ANCSG1 has, or in the ordinary course will obtain, all licenses, permits and any other required documents to construct and operate the Facility; ii. ANCSG1 shall perform its obligations under the CSG Contract and otherwise comply with all provisions of the CSG Program and other applicable tariffs. iii. Except as may be required by law or regulation, or with ANCSG1 information, energy usage data, or Credits. c. Subscriber represents, warrants, and covenants to ANCSG1: i. for its subscribing account(s) over the two year period prior to the Effective Date is 2,166,624 kWh; AC ii. Subscriber shall not install or procure any other distributed Account No. 51-5867471-0, which resource(s), when combined with the Allocation, may generate energy (including energy upon which the Credits are based) exceeding one hundred twenty percent (120%) twenty-four (24) months prior to such installment or procurement. iii. Within thirty (30) days of request by ANCSG1, which request shall be made not sooner than the date of commencement of construction of the Facility, Subscriber shall complete, execute, and deliver to ANCSG1 the Subscriber Agency Agreement in the form attached hereto as Exhibit A. Upon execution, all of the information and statements of Subscriber provided therein shall be accurate. iv. Subscriber understands and agrees it will have no interest in or entitlement to (a) benefits or derivatives the Facility as each is defined in the CSG Contract; and (b) incentives under the MN Department the Facility. 8. Performance Guarantee. ANCSG1 hereby guarantees that in every period of two consecutive calendar years during the Term, beginning with the first full calendar year, ANCSG1 will provide Credits from operation of the Facility in an amount not less than ninety percent (90%) of Expected Deliveries (weather adjusted) which will be set forth on Exhibit B 4 Guaranteed Performance construction of the Facility. ANCSG1 shall pay Subscriber one cent ($.01) per Credit to the extent the actual number of Credits purchased by Subscriber during any such two year period Measurement Period Measurement Period (combining the Expected Deliveries for both calendar years). Such ANCSG1 under this Section 8. ANCSG1 Guaranteed Performance is due to an event of Force Majeure. 9. Default. a. Events of Default. The following shall each constitute an Event of Default by a Party: i. The Party fails to make any material payment due under this Agreement within thirty (30) days after delivery of notice from the other Party that such payment is overdue. ii. The Party materially fails to perform or comply with any material representation, warranty, obligation, covenant or agreement set forth in this Agreement and such failure continues for a period of thirty (30) days after delivery of notice thereof from the other Party. iii. The Party is subject to a petition for dissolution or reorganization, voluntary or involuntary, under the U.S. Bankruptcy Code. b. Force Majeure. Except as specifically provided herein, if by reason of Force Majeure, a Party is unable to carry out, either in whole or in part, any of its obligations herein contained, such Party shall not be deemed to be in default during the continuation of such inability, provided that: (i) the non-performing Party, within a reasonable time after the occurrence of the Force Majeure event, gives the other Party notice describing the particulars of the occurrence and the anticipated period of delay; (ii) the suspension of performance be of no greater scope and of no longer duration than is required by the Force Majeure event; (iii) no obligations of the non-performing Party which were to be performed prior to the occurrence causing the suspension of performance shall be excused as a result of the occurrence; and (iv) the non-performing Party shall use reasonable efforts to remedy the cause(s) preventing it from Force Majeure negligence, including, but not limited to fire, acts of God, earthquake, flood or other casualty or accident; equipment defect; strikes or labor disputes; war, civil strife or other violence; and any law, order, proclamation, regulation, ordinance, action, demand or requirement of any government agency or utility. Either Party may terminate this Agreement upon 15 days written notice to the other Party if any event of Force Majeure affecting such other Party has been in existence for a period of 180 5 consecutive days or longer, unless such event of Force Majeure expired before the end of the 15 day notice period. 10. Remedies; Limitation of Liability; Waiver. a. Remedies. Subject to the limitations set forth in this Agreement, the Parties each reserve and shall have all rights and remedies available to it at law or in equity with respect to the performance or non-performance of the other Parties hereto under this Agreement. Under no circumstances shall ANCSG1breach of this Agreement exceed, in any one calendar year, an amount equal to (i) the Allocation percentage times (ii) $15,000; provided, however that such limitation shall not apply to damages arising out of the sale or allocation by ANCSG1 to a third party of the Credits allocated and committed to Subscriber hereunder. For example, if the Allocation is 40%, then the limit described in the preceding sentence shall equal 40% x $15,000 or $6,000 total. b. ANCSG1 Damages. termination of this Agreement in violation of the provisions hereof, ANCSG1 shall be entitled to recover from Subscriber (subject to ANCSG1including its duty to try and find a replacement subscriber): (i) the unpaid Monthly Allocation Payments due at the time of termination; and (ii) ANCSG1 S Any post-termination Monthly Allocation Payments that may qualify as damages under this section, will be calculated based upon the Schedule of Expected Deliveries of Credits (Exhibit B, hereto), and the Bill Credit Rate at the time of S Agreement. c. Limitation of Liability. EXCEPT AS EXPRESSLY ALLOWED HEREIN, NO PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY CHARACTER, RESULTING FROM, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY INCIDENT TO ANY ACT OR OMISSION OF A PARTY RELATED TO THE PROVISIONS OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER CLAIMS OR ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY. d. Exclusions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 10, THE LIMITATIONS OF THIS SECTION 10 DO NOT APPLY TO A CLAIM FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; FOR FAILURE TO COMPLY WITH LAWS; FOR INDEMNIFICATION; FOR BREACH OF CONFIDENTIALITY OR FOR INTELLECTUAL PROPERTY INFRINGEMENT. 11. Early Termination. a. Either Party may terminate this Agreement on notice thereof to Subscriber in the event that ANCSG1 is unable to obtain financing for the Facility on commercially reasonable terms on or before December 31, 2017. b. If ANCSG1 fails to perform under this Agreement due to an event of Force Majeure that lasts more than twelve (12) months or fails to restore the Facility to full 6 operation at Capacity within twelve (12) months following an event of Force Majeure causing damage to the Facility, Subscriber shall have the right to terminate this Agreement by giving ANCSG1 at least sixty (60) days prior notice of its intent to terminate based on such failure(s). Any such notice of termination shall be given within three (3) months of such failure(s). In the event of termination pursuant to this Section 11(b), ANCSG1 shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the six month period following the expiration of such twelve (12) month period. c. In the event (i) the CSG Contract is terminated based on ANCSG1 breach thereof or (ii) ANCSG1 materially breaches its obligations of performance in this Agreement and such breach is not cured within thirty (30) days after ANCSG1 receives written notice of such breach from Subscriber (provided, however, that if such breach is not capable of being cured within such thirty-day period and ANCSG1 has commenced and diligently continued actions to cure such breach within such thirty-day period, the cure period shall be extended to 180 days, so long as ANCSG1 is making diligent efforts to do so), then Subscriber may terminate this Agreement as provided in this Section 11. In the event of a termination by Subscriber described in the preceding sentence, ANCSG1 shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the calendar year following termination according to the Schedule of Expected Deliveries, Exhibit B. d. The Parties agree that actual damages in the event of termination of this Agreement as specified in Sections 11(b) and 11(c), would be difficult to calculate and that the liquidated damages specified herein are a reasonable approximation of such actual damages. 12. Assignment. No Party shall assign or in any manner transfer this Agreement or advance by ANCSG1, with such approval not unreasonably withheld, on the bases of (i) ANCSG1 of seven hundred fifty dollars ($750) to cover ANCSG1 administratiTransfer Fee evidencing an increase in a material risk of a breach of this Agreement, (b) ANCSG1 assignment of this Agreement to any Affiliate that owns or, by long-term lease, controls the Facility, provided that such Affiliate has the same or better credit strength and has agreed in ; (c) ANCSG1t of this Agreement to any financial institution that provides financing for the Facility (including a financial institution that enters into a sale/leaseback transaction with respect to the Facility) that has agreed in writing to hereunder upon the foreclosure or conveyance in lieu thereof, and, in connection with any collateral assignment of this Agreement, Subscriber agrees to comply with the lender accommodations set forth in Exhibit C to this Agreement; (d) ANCSG1 Agreement, prior to the Commencement of Operations Date, to another operator/owner of a community garden facility, in the same County and qualified under the Solar Rewards Community Program which has sufficient capacity to accept Allocation, has the or ( assignment of this Agreement to any of its Affiliates or successor entity if the Minnesota 7 legislature reassigns responsibility for the services provided by Metropolitan Council (without change of service address) provided that such Affiliate or successor entity has the same or better credit strength. 13. Miscellaneous. a. LDC Disputes. ANCSG1 shall be solely responsible for resolving any dispute with LDC regarding the production of energy by the Facility. Subscriber shall be solely responsible for resolving any dispute with LDC regarding the calculation of the Bill Credit Rate. b. Notices. i. All notices and other formal communications which any Party may give to another under or in connection with this Agreement shall be in writing (except where expressly provided for otherwise), shall be deemed delivered upon mailing, deposit with a courier for hand delivery, or electronic transmission, and shall be sent by any of the following methods: hand delivery; reputable overnight courier; certified mail, return receipt requested; or email transmission. ii. Subscriber shall promptly notify ANCSG1 of any changes in Subscriber Data. The notices and communications shall be sent to the following addresses: If to ANCSG1: BHE Renewables, LLC Program Manager MN Community Solar Gardens 1850 N. Central Avenue Suite 1025 Phoenix, AZ 85004 BHERenewables@bherenewables.com 515-252-6677 If to Subscriber: Attn: City Manager City of Mapleton 1830 County Road B East Maplewood, MN 55109 c. Severability. If any term, covenant or condition in the Agreement shall, to any extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of the Agreement shall not be affected thereby, and each term, covenant or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law, unless such invalidity or unenforceability frustrates or negates an essential purpose of this Agreement. 8 d. Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Minnesota without reference to any choice of law principles. e. Dispute Resolution. i. Amicable Settlement. The Parties shall attempt in good faith to resolve all disputes arising in connection with the interpretation or application of the provisions of this Agreement or in connection with the determination of any other matters arising under this Agreement by mutual agreement. ii. Continuation of Performance. During the pendency of any dispute hereunder, the Parties shall continue to perform their respective obligations under this Agreement. iii. Equitable Relief. Nothing in this Agreement shall be construed to preclude either Party from seeking or obtaining urgent equitable or injunctive relief from a court of law in relation to this Agreement. iv. Venue and Jurisdiction. The Parties agree that the courts of the State of Minnesota and the Federal Courts sitting therein shall have jurisdiction over any action or proceeding arising under the Agreement to the fullest extent permitted by Applicable Law. f. Insurance. With respect to the services provided pursuant to this Agreement, ANCSG1 shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following insurance coverages and limits: i. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 ProductsCompleted Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each OccurrenceCombined Bodily Injury and Property Damage $1,500,000 ii. Statutory (If ANCSG1 is based outside the state of Minnesota, coverage must comply with Minnesota Law). iii. AccidentEach Accident $500,000 9 DiseasePolicy Limit $500,000 DiseaseEach Employee $500,000 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of ANCSG1 to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, ANCSG1 shall promptly submit copies of insurance policies to Subscriber. iv. ANCSG1 shall not commence work until it has obtained required insurance and filed with Subscriber a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Subscriber as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under this Agreement. ANCSG1 shall furnish to Subscriber updated certificates during the term of this Agreement as insurance policies expire. g. Compliance with Law. ANCSG1 shall comply with all laws (including Laws ANCSG1ANCSG1 shall obtain and maintain any and all permits, licenses, bonds, certificates and other similar approvals required in connection with this Agreement. In the event of an allegation that ANCSG1 has failed to comply with any Laws or failed to obtain any and all permits, licenses, bonds, certificates and/or any other similar approvals required in connection with this Agreement, ANCSG1 shall pay any fines or penalties imposed upon Subscriber as a result of such failure and shall reimburse Subscriber for any expen h. Entire Agreement. This Agreement, and all documents referenced herein, contain the entire agreement between Parties with respect to the subject matter hereof, and supersede all other understandings or agreements, both written and oral, between the Parties relating to the subject matter hereof. i. No Joint Venture. Each Party will perform all obligations under this Agreement as an independent contractor. Nothing herein contained shall be deemed to constitute any Party a partner, agent or legal representative of another Party or to create a joint venture, partnership, agency or any relationship between the Parties. The obligations of Subscriber and ANCSG1 hereunder are individual and neither collective nor joint in nature. j. Amendments; Binding Effect. This Agreement may not be amended, changed, modified, or altered unless such amendment, change, modification, or alteration is in writing and signed by each Party to this Agreement or its successor in interest. This Agreement inures to the benefit of and is binding upon the Parties and their respective successors and permitted assigns. k. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. 10 l. Further Assurances. From time to time and at any time at and after the execution of this Agreement, each Party shall execute, acknowledge and deliver such documents and assurances, reasonably requested by the other for the purpose of effecting or confirming any of the transactions contemplated by this Agreement. m. Survival. The provisions of Sections 10, (Remedies, Limitation of Liability; Waiver), 13(c) (Severability), 13(d) (Governing Law), and 13(e) (Dispute Resolution) shall survive the expiration or earlier termination of this Agreement for a period of six (6) years thereafter. n. No Third-Party Beneficiaries. This Agreement is intended solely for the benefit of the Parties hereto. Except as expressly set forth in this Agreement, nothing in this Agreement shall be construed to create any duty to or standard of care with reference to, or any liability to, or any benefit for, any person not a party to this Agreement. o. Confidentiality. Each Party agrees that it will not disclose Not Public Data (as hereinafter defined), directly or indirectly, under any circumstances or by any means (excluding disclosures to the LDC or as are required as a participant in the CSG Program), to any third person without the express written consent of the other Party unless such disclosure is permitted by the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, or required by applicable Law. Not Public Data means, not public data as defined in Minnesota Statutes § 13.02, subd. 8a (2014). p. Data Practices. i. Consistent with Minnesota Statutes, section 13.05, subdivision 6, if any data on individuals is made available to ANCSG1 by the Subscriber under this Agreement, ANCSG1 will administer and maintain any such data in accordance with Minnesota Statutes, Minnesota Government Data Practices Act provisions applicable to the data. If and to the extent that Minnesota Statutes, section 13.05, subdivision 11, is applicable to this Agreement, then: (A) all of the data created, collected, received, stored, used, maintained, or disseminated by ANCSG1 in performing this Agreement are subject to the requirements of the Minnesota Government Data Practices Act; (B) ANCSG1 must comply with those requirements as if it were a government entity; and (C) the remedies in Minnesota Statutes, section 13.08 apply to ANCSG1. ii. made accessible to ANCSG1 by the Subscriber, ANCSG1 must: (A) have safeguards to ensure private or confidential data on individuals or other not public data are only accessible or viewable by ANCSG1 employees and agents whose work assignments in connection with the performance of this Agreement reasonably require them to have access to the data; (B) immediately notify the Subscriber of any unauthorized access by ANCSG1 employees and agents, and unauthorized access by third parties; (C) fully cooperate with Subscriber investigations into any breach in the security of private or confidential data on individuals or other not public data that may have occurred in connection with ANCSG1access to or use of the data; and (D) fully cooperate with the Subscriber in fulfilling the notice and reporting 11 requirements of Minnesota Statutes, section 13.055. The penalties in Minnesota Statutes, section 13.09 governing unauthorized acquisition of not public data apply to ANCSG1 and ANCSG1 employees and agents. If ANCSG1 is permitted to use a subcontractor to perform ANCSG1 work under this Agreement, ANCSG1 shall incorporate these data practices provisions into the subcontract. The remainder of this page is intentionally blank. 12 iii. If ANCSG1 receives a request to release data referred to in this section, ANCSG1 must immediately notify the Subscriber. The Subscriber will give ANCSG1 instructions concerning the release of the data to the requesting party before the data is released. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. THE CITY OF MAPLEWOOD By: Name: Melinda Coleman Title: City Manager ARGO NAVIS CSG1, LLC By: Name: Eric Besseling Title: Authorized Representative 13 EXHIBIT A Subscriber Agency Agreement and Consent Form 14 Solar*Rewards Community Subscriber Agency Agreement and Consent Form The undersigned (Subscriber) has a Subscription to the following Community Solar Garden: Community Solar Garden Name: Argo Navis CSG1, LLC Community Solar Garden Address: 21205 St. Croix Trail N, Scandia, MN 55073 Community Solar Garden Operator: Argo Navis CSG1, LLC Community Solar Garden contact information for Subscriber questions and complaints: Address (if different from above): 1850 N. Central Avenue, Suite 1025, Phoenix, AZ 5804 Telephone number: 515-252-6677 Email address: BHERenewables@bherenewables.com Web Site URL: http://www.bherenewables.com Subscriber Name: The City of Maplewood Northern States Power Company: 51-5867471-0 Subscriber Service Address where receiving electrical service from Northern States Power Company: 2100 White Bear Ave N, Maplewood, MN 55109 15 By signing this Solar Rewards Community Subscriber Agency Agreement and Consent Form, the Subscriber agrees to all of the following: 1. Assignment of Renewable Energy Credits (), Energy and Capacity to Northern States Power Company, a Minnesota corporation. The Subscriber agrees that the Community Solar Garden Operator has authority to assign all energy produced and capacity associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company, and the Subscriber agrees that all energy produced, and capacity associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. The Subscriber also agrees that the Community Solar Garden Operator has authority to assign all RECs associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company, and that if the Community Solar Garden or a person or entity on its behalf has assigned the RECs to Northern States Power Company, then all RECs associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. 2. Tax Implications. The Community Solar Garden Operator has provided the Subscriber with a statement that Northern States Power Company makes no representations concerning the taxable consequences to the Subscriber with respect to its Bill Credits to the Subscriber or other tax issues relating to participation in the Community Solar Garden. 3. Northern States Power Company hereby discloses to the Subscriber that it recognizes that not all production risk factors, such as grid-failure events or atypically cloudy weather, are within the Community Solar Garden Operator's control. 4. Information Sharing. Participating in the Solar*Rewards Community Program will require sharing Subscriber's Account Information (name, account number, service address, telephone number, email address, web site URL, information on Subscriber participation in other distributed generation serving the premises of the Subscriber, Subscriber specific Bill Credit(s)) and Subscriber's Energy Use Data (the past, present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden). The following outlines the type of information that will be shared, and how that information will be used. a. Subscriber's Account Information and Subscriber Energy Usage Data. The Subscriber authorizes Northern States Power Company to provide the Community Solar Garden Operator (and the Community Solar Garden Operator's designated subcontractors and agents) with the Subscriber's Account Information and Subscriber's Energy Usage Data as described in Section 4 above. This information is needed to allow the Community Solar Garden Operator determine the extent to which the Subscriber is entitled to participate in the Community Solar Garden, and to validate the amount of the Bill Credits to be provided by Northern States Power Company to the Subscriber. The current data privacy policies of Northern States Power Company applicable to its Solar*Rewards Community Program provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above are attached as Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form. 16 These privacy policieSubscriber's Acco and "Subscriber's Energy Usage Data." b. Subscriber's Subscription Information: The Subscriber authorizes the Community Solar Garden Operator to provide information to Northern States Power Company identifying the Subscriber (with the Subscriber's name, service address, and account number) and detailing the Subscriber's proportional share in kilowatts of the Community Solar Garden and to provide additional updates of this information to Northern States Power Company as circumstances change. This information is needed to allow Northern States Power Company to properly apply Bill Credits for the photovoltaic energy generated by the Community Solar Garden. Also, this information is needed to allow Northern States Power Company to send to the Subscriber notices or other mailings pertaining to their involvement in the Solar*Rewards Community Program. The Community Solar Garden Operator shall not disclose Subscriber information in annual reports or other public documents absent explicit, informed consent from the Subscriber. The Community Solar Garden Operator will not release any Subscriber data to third parties except to fulfill the regulated purposes of the Solar*Rewards Community Program, to comply with a legal or regulatory requirement, or upon explicit, informed consent from the Subscriber. c. Aggregate Information. Aggregate information concerning production at the Community Solar Garden may be publicly disclosed to support regulatory oversight of the Solar*Rewards Community Program. This includes annual reports available to the public related to specific Community Solar Gardens, including but not limited to production from the Community Solar Gardens; size, location and the type of Community Solar Garden subscriber groups; reporting on known complaints and the resolution of these complaints; lessons learned and any potential changes to the Solar*Rewards Community Program; reporting on Bill Credits earned and paid; and reporting on the application process. Aggregated information will not identify individual Subscribers or provide Subscriber-Specific Account Information, Subscriber-Specific Energy Usage Data or Subscriber-specific Bill Credits unless a Subscriber provides explicit informed consent. Depending on the nature of the aggregated information, however, it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. The Subscriber agrees to the inclusion of its production information in the creation of the aggregated information. The Community Solar Garden Operator will not use aggregated information for purposes unrelated to the Solar*Rewards Community Program without first providing notice and obtaining further consent, unless the aggregated information is otherwise available as public information. The policies of Northern States Power Company related to sharing aggregated information are part of the data privacy policies contained in the attached Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form and should be provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above. d. Information Requests from the MPUC or the Department of Commerce. The Subscriber agrees that the Community Solar Garden Operator and Northern States Power Company are authorized to provide any information they possess related to the 17 Subscriber or the Subscriber's participation in the Community Solar Garden to the Minnesota Public Utilities Commission (MPUC), the Minnesota Department of Commerce, or the Minnesota Office of Attorney General. This information is needed to allow proper regulatory oversight of Northern States Power Company and of the Solar*Rewards Community Program. e. Liability Release. Northern States Power Company shall not be responsible for monitoring or taking any steps to ensure that the Community Solar Garden Operator maintains the confidentiality of the Subscriber's Account Information, the Subscriber's Energy Usage or the Bill Credits received pertaining to the Subscriber's participation in the Community Solar Garden. However, Northern States Power Company shall remain liable for its own inappropriate release of Subscriber's Account Information and Subscriber's Energy Use Data. f. Duration of Consent. The Subscriber's consent to this information sharing shall be ongoing for the Term of the CSG Contract between the Community Solar Garden Operator and Northern States Power Company, or until the Subscriber no longer has a Subscription to the Community Solar Garden and the Community Solar Garden Operator notifies Northern States Power Company of this fact through the CSG Application System. Provided, however, the Subscriber's consent shall also apply thereafter to all such information of the Subscriber pertaining to that period of time during which the Subscriber had a Subscription to the Community Solar Garden. g. Modification. The above provisions addressing data privacy and in Exhibit 1 shall remain in place until and unless other requirements are adopted by the MPUC in its generic privacy proceeding, Docket No. E,G999/CI-12-1344, or other MPUC Order. Northern States Power Company shall file necessary revisions to its tariffs and contracts within thirty (30) days of such Order. Subscriber's Name: The City of Maplewood Subscriber's Signature: Melinda Coleman, City Manager Date: 18 Exhibit 1 to Solar*Rewards Community Subscriber Agency Agreement and Consent Form Data Privacy Policies of Northern States Power Company Pertaining to the Solar*Rewards Community Program The data privacy policies of Northern States Power Company pertaining to the Solar*Rewards Community Program are as follows and may be changed from time to time as filed in the Company's tariff or as otherwise may be authorized by the Minnesota Public Utilities Commission ("MPUC"): Definitions Unless indicated otherwise, the same definition and meaning of terms in this document are the same as contained in the Standard Contract for Solar*Rewards Community. For ease of reference, here are some of the specific definitions: means Northern States Power Company, a Minnesota Corporation, and its affiliates and agents. means electricity generated by the PV System attributable to the Subscribers' Subscriptions and delivered to the Company at the Production Meter on or after the Date of Commercial Operation. means a retail customer of the Company who owns one or more Subscriptions of a community solar garden interconnected with the Company. consists of the Subscriber's name, account number, service address, telephone number, email address, web site URL, information on Subscriber participation in other distributed generation serving the premises of the Subscriber, and Subscriber specific Bill Credit(s). includes the past, present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden. 19 Overview This section addresses how Subscriber's Account Information and Subscriber's Energy Usage Data will be collected, used and shared as part of participation in the Solar*Rewards Community Program. 1. How Subscriber's Account Information and Energy Usage Data Will Be Exchanged a. Subscriber Specific Information Once a Subscriber has executed a Subscriber Agency Agreement and Consent Form, an ongoing data exchange will occur between the Company and a Community Solar Garden Operator (and their designated subcontractors and agents): (i) The Company will disclose the following Subscriber-specific information to the Community Solar Garden Operator: Subscriber's Account Information Subscriber's Energy Usage Data Bill credits (ii) The Community Solar Garden Operator will disclose to the Company the following Subscriber-specific information: Subscriber's Account Information Community Solar Garden Allocation for each Subscriber's Subscription stated in kW Production data related to the PV System Monthly Subscription Information b. Aggregated Subscriber Information Aggregated Subscriber information will be reported as part of Permitted Public Reporting, outlined in Section 2(b) below. To be considered "aggregated" the reported information must include information attributable to all Subscribers participating in a specific Solar*Rewards Community program site, which based on program requirements will contain a minimum of five Subscribers. Depending on the nature of the aggregated information, however, from this information alone or in combination with other publicly available information it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. 20 2. How Subscriber's Information Will Be Used The following outlines how the Subscriber's Account Information and Subscriber Energy Usage Data will be used as part of the Solar*Rewards Community Program. a. Program Management As part of administering the Solar*Rewards Community program, the Solar Garden Operator and the Company may provide information related to the Subscriber and/or the Community Solar Garden to: the MPUC the Minnesota Department of Commerce the Minnesota Office of Attorney General Other governmental or private entities as required by law or regulation Account Information and Subscriber's Energy Usage Data to service providers, agents, or contracted agents who support the program on its behalf. The Company prohibits these service providers from using or disclosing the Subscriber's information except as necessary to perform these specific services or to comply with legal requirements. More information about the Company's general privacy practices is explained in its Privacy Policy available on www.xcelenerqy.com. b. Permitted Public Reporting The Subscriber's Energy Usage Data of each participating Subscriber to a Community Solar Garden will be combined and reported in the aggregate by the Community Solar Garden Operator in its annual report on the Solar*Rewards Community program. The identity of specific Subscribers, the specific Subscriber's Account Information, Subscriber's Energy Usage Data and Subscriber-specific Bill Credit will not be listed in the public annual report unless the Subscriber has provided the Community Solar Garden Operator with prior written consent. Per the requirements of the MPUC, the Company will provide to the MPUC annual reports which will include information or data requested by the MPUC or Minnesota Department of Commerce, including the following: Reporting on Solar*Rewards Community program costs, including an analysis of the deposit, application, participation and metering fees and further justification for these fees going forward; Reporting on the Solar*Rewards Community Gardens, including but not limited to size, location and the type of Solar*Rewards Community subscriber groups; Reporting on known complaints and the resolution of these complaints; 21 A copy of each contract signed with a Community Solar Garden Operator, if not previously filed; Lessons learned and any potential changes to the program; Report on bill credits earned and paid; and the Application process c. Prohibited Reporting or Sharing Except as otherwise provided in this document, the Company will not disclose the Subscriber's Account Information, Subscriber's Energy Usage Data or Subscriber-specific Bill Credits to a third party without first obtaining the Subscriber's written consent. Any requests by the Community Solar Garden Operator to the Company for information about a Subscriber that is not Subscriber's Account Information or Subscriber's Energy Usage Data will require execution of a separate written consent by the Subscriber. Notwithstanding the previous statement, the Company will not provide the Community Solar Garden Operator with the Subscriber's Social Security Number unless directed to do so by the MPUC or Minnesota Department of Commerce or compelled by law or regulation. 3. Subscriber Data Access and Correction The following outlines what information is available to the Subscriber from the Company and the Community Solar Garden Operator, and methods of correcting any inaccuracies. a. Information Available from the Company Subscribers can contact the Company's call center to obtain information pertaining to their specific Bill Credit attributable to their participation in Solar*Rewards Community Program. The correction of any allocation of previously-applied Bill Credits among Subscribers or payments to the Community Solar Garden Operator for Unsubscribed Energy, pertaining to a particular month due to any inaccuracy reflected in such Monthly Subscription Information with regard to a Subscriber's Subscription in the PV System and the beneficial share of photovoltaic energy produced by the PV System, or the share of Unsubscribed Energy, shall be the full responsibility of the Community Solar Garden Operator, unless such inaccuracies are caused by the Company . Subscribers may also obtain from the Company the following information related to the Solar*Rewards Community Program without obtaining written consent from the Community Solar Garden Operator: Site location Operator name Nameplate capacity 22 Production data related to the PV system Bill Credit Rate and total amount of Bill Credits applied to the PV System Any other information pertaining to the Subscriber's Subscription Other information regarding the Community Solar Garden Operator known to the Company will not be disclosed unless the Subscriber obtains prior explicit informed consent from the Community Solar Garden Operator or unless directed to do so by the MPUC or Minnesota Department of Commerce or compelled by law or regulation. b. Information Available from the Community Solar Garden Operator Subscribers and prospective subscribers can contact the Community Solar Garden Operator to obtain the following information: Future costs and benefits of the Subscription, including: i. All nonrecurring (i.e., one-time) charges; ii. All recurring charges; iii. Terms and conditions of service; iv. Whether any charges may increase during the course of service, and if so, how much advance notice is provided to the Subscriber; v. Whether the Subscriber may be required to sign a term contract; vi. Terms and conditions for early termination; vii. Any penalties that the Community Solar Garden may charge to the Subscriber; viii. The process for unsubscribing and any associated costs; ix. An explanation of the Subscriber data the Community Solar Garden Operator will share with Northern States Power Company and that Northern States Power Company will share with the Community Solar Garden Operator; x. The data privacy policies of Northern States Power Company and of the Community Solar Garden Operator; xi. The method of providing notice to Subscribers when the Community Solar Garden is out of service, including notice of estimated length and loss of production; 23 xii. Assurance that all installations, upgrades and repairs will be under direct supervision of a NABCEP-certified solar professional and that maintenance will be performed according to industry standards, including the recommendations of the manufacturers of solar panels and other operational components; xiii. Allocation of unsubscribed production; and xiv. A statement that the Community Solar Garden Operator is solely responsible for resolving any disputes with Northern States Power Company or the Subscriber about the accuracy of the Community Solar Garden production and that Northern States Power Company is solely responsible for resolving any disputes with the Subscriber about the applicable rate used to determine the amount of the Bill Credit. Copy of the contract with Northern States Power Company for the Solar*Rewards Community Program Copy of the solar panel warranty Description of the compensation to be paid for any underperformance Proof of insurance Proof of a long-term maintenance plan Current production projections and a description of the methodology used to develop production projections Community Solar Garden Operator contact information for questions and complaints Demonstration to the Subscriber by the Community Solar Garden Operator that it has sufficient funds to operate and maintain the Solar*Rewards Community Program The Community Solar Garden Operator is solely responsible for the accuracy of the Subscriber's share of the Community Solar Garden production information forwarded to the Company, and should resolve with the Subscriber any dispute regarding the accuracy of such information. Subscribers can submit comments to the Company on the accuracy and completeness of its annual report by contacting solarrewardscommunity@xcelenergy.com. 24 4. Data Retention The Company will retain the Subscriber's Account Information, Subscriber's Energy Usage Data and information on Bill Credits for as long as required under applicable law. 25 EXHIBIT B Schedule of Expected Deliveries of Credits \[pro forma; final to be provided prior to commencement of construction\] Subscriber's Share (kWh) Year 1 486,910 Year 2 484,475 Year 3 482,053 Year 4 479,643 Year 5 477,245 Year 6 474,858 Year 7 472,484 Year 8 470,122 Year 9 467,771 Year 10 465,432 Year 11 463,105 Year 12 460,790 Year 13 458,486 Year 14 456,193 Year 15 453,912 Year 16 451,643 Year 17 449,384 Year 18 447,137 Year 19 444,902 Year 20 442,677 Year 21 440,464 Year 22 438,262 Year 23 436,070 Year 24 433,890 Year 25 431,720 26 Weather Adjustment Protocol for Expected Deliveries For any two-year Measurement Period respecting application of the Performance Guarantee, Expected Deliveries shall be adjusted to reflect any negative difference (shortfall) between ESIASI for the Measurement Period shall be applied to Expected Deliveries as a weather adjustment prior to comparing Actual Deliveries to Expected Deliveries for the purposes of the Performance Guarantee. The method of the weather adjustment is as follows. 1. The ESI for the Facility is 1390 KWh per square meter. 2. The ASI is to be determined by monthly pyranometer readings at the Facility. The monthly readings are to be averaged for each of the two calendar years in the Measurement Period. 3. The weather adjustment factor for the measurement period is the ratio of (i) ASI, determined per Step 2 of this method to (ii) ESI, determined per Step 1 of this method. The Expected Deliveries for the Measurement Period is multiplied by this factor to derive the Guaranteed Performance. 27 EXHIBIT C Lender Accommodations Subscriber acknowledges that ANCSG1 will be financing the installation of the Facility either through a lessor, lender or with financing accommodations from one or more financial institutions and that ANCSG1 may sell or assign the Facility and/or may secure ANCSG1 obligations by, among other collateral, a pledge or collateral assignment of this Agreement and a first security interest in the Facility. In order to facilitate such sale, conveyance, or financing, and with respect to any such financial institutions of which ANCSG1 has notified Subscriber in writing Subscriber agrees as follows: (a) Consent to Collateral Assignment. Provided the Financing Party has agreed in writing to thereunder upon the foreclosure or conveyance in lieu thereof, Subscriber consents to either the sale or conveyance by ANCSG1 to a Financing Party that has provided financing of ANCSG1 right, title and interest in the Facility and to this Agreement. (b) Notices of Default. Subscriber will deliver to the Financing Party, concurrently with delivery thereof to ANCSG1, a copy of each notice of default given by Subscriber under the Agreement, inclusive of a reasonable description of ANCSG1 default. Subscriber will not mutually agree with ANCSG1 to terminate the Agreement without the written consent of the Financing Party. (c) Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement, during the continuation of an event of default by ANCSG1 under its agreements with Financing i. The Financing Party, as collateral assignee, shall be entitled to exercise, in the place and stead of ANCSG1, any and all rights and remedies of ANCSG1 under this Agreement in accordance with the terms of this Agreement and the Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement. ii. The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of ANCSG1 thereunder or cause to be cured any default of ANCSG1 thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing Party to cure any default of ANCSG1 under this Agreement or (unless the Financing Party has succeeded to ANCSG1ANCSG1 under this Agreement, but Subscriber hereby gives it the option to do so. iii. Upon the exercise of remedies under its security interest in the Facility, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from ANCSG1 to the Financing Party (or any assignee of the Financing Party). Any such exercise shall not constitute a default under this Agreement. 28 iv. Upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect to ANCSG1 under the United States Bankruptcy Code, at the request of the Financing Party made within ninety (90) days of such termination or rejection, Subscriber shall enter into a new agreement with the Financing Party or its assignee having the same terms and conditions as this Agreement. (d) Right to Cure. i. Except for termination pursuant to Section 3(a) of the Subscription Agreement in connection with a failure to achieve commercial operation by December 31, 2016, Subscriber will not exercise any right to terminate or suspend this Agreement unless it shall have given the Financing Party prior written notice by sending notice to the Financing Party (at the address provided by ANCSG1) of its intent to terminate or suspend this Agreement, specifying the condition giving rise to such right, and the Financing Party shall not have caused to be cured the condition giving rise to the right of termination or suspension within thirty (30) days after such notice or (if longer) the periods provided for in this Agreement. The Parties respective obligations will otherwise remain in effect during any cure period; provided that if such ANCSG1 default reasonably cannot be cured by the Financing Party within such period and the Financing Party commences and continuously pursues cure of such default within such period, such period for cure will be extended for a reasonable period of time under the circumstances, such period not to exceed additional sixty (60) days. ii. If the Financing Party (including any transferee), pursuant to an exercise of remedies by the Financing Party, shall acquire title to or control of ANCSG1 within the time periods described in Sub-section (d)(i) above, cure all defaults under this Agreement existing as of the date of such change in title or control in the manner required by this Agreement and which are capable of cure by a third person or entity, then such person or entity shall no longer be in default under this Agreement, and this Agreement shall continue in full force and effect. *** 53116334 29 Attachment 2 The City of Maplewood Solar Rewards Cost Savings Analysis June 15, 2016 XCEL ENERGY SOLAR*REWARDS PROGRAM OVERVIEW In 2013, Minnesota State legislation directed Minneapolis-based utility, Xcel Energy, to create a program for community solar gardens (Minnesota Statute # 216b.1641). Xcel named the program the Xcel Energy Solar*Rewards Program, and it is overseen by the sommission. A community solar garden is a centralized, shared solar project connected to the energy grid that has multiple subscribers. Each subscriber receives a credit on their Xcel Energy electric bill based upon the production of the solar facility and their subscription share of that facility. ĭĻƌ 9ƓĻƩŭǤ tƩƚŭƩğƒ wǒƌĻƭ ΛğƦƦƌǤ Ʒƚ ğƌƌ ĭƚƒƒǒƓźƷǤ ƭƚƌğƩ ŭğƩķĻƓ ķĻǝĻƌƚƦƒĻƓƷƭΜ Eligible gardens are up to 1 MW, and up to five gardens may be located next to one another. The program is limited to Xcel Energy electric customers in the state of Minnesota. Subscribers must be located within the same county, or within an adjacent county, to the subscribed solar garden location(s). Each subscriber may be allocated up to 40% of a single community solar garden. There is a minimum requirement of 5 subscribers per solar garden. ABOUT GERONIMO ENERGY (Site Development) Geronimo Energy is a North American utility-scale wind and solar development company based in Minneapolis, Minnesota. Geronimo has developed over 1,500 megawatts of contracted wind farms and solar projects throughout the United States and has a pipeline of projects that boast an aggregate nameplate capacity exceeding 3,000 megawatts of clean energy roughly enough to power one million American homes. Geronimo solar projects provide clean electricity to utilities and other large energy consumers. Recent Geronimo Energy solar developments include the multi-store Slumberland Furniture installation and the internationally recognized Aurora Utility-Scale Distributed Solar Generation Project. ABOUT BHE RENEWABLES (Construction and Operations) Berkshire Hathaway Energy is an $80 billion portfolio of locally managed businesses, including BHE Renewables that share a vision for the energy future. These businesses deliver affordable, safe and reliable service each day to more than 11.5 million electric and gas customers and end-users around the world and consistently rank high among energy companies in customer satisfaction. Berkshire Hathaway Energy is headquartered in Des Moines, Iowa, U.S.A. BHE Renewables owns solar, wind, geothermal and hydro projects that produce energy for both the wholesale market and for customers under long-term power purchase agreements. BHE Solar, a division of BHE Renewables, owns 1,271 megawatts of solar-powered generation. COMMUNITY SOLAR GARDENS Geronimo Energy, on behalf of BHE Renewables, is actively working with and seeking subscribers. Like all Minnesota community solar garden developments, the energy produced by local distribution system under Xcel Solar*Rewards Community program. BHE Renewables provides a complete set of services to guarantee a superior level of service and reliability for subscribers. Subscribers under Geronimo community solar garden program are ensured smooth implementation and operation of community solar garden projects, including subscription management, real-time solar production monitoring, and lifetime maintenance and facility upkeep. 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 55435| P 952.988.9000 | F 952.988.9001 www.geronimoenergy.com/solargardens PROGRAM BENEFITS FOR SUBSCRIBERS No upfront investment or future capital requirements. Annual energy savings through a simple, straight-forward pricing structure. Xcel Energy remains your electricity provider. Our subscriptions are transferable. landowner-friendly development companies. Support renewable energy. . Our projects are ƩĻğƌ advanced site control, permitting, and interconnection. No maintenance or overhead - each solar facility is professionally maintained. PROGRAM BENEFITS FOR THE CITY MAPLEWOOD There are (3) 1MW gardens open for new subscriptions within your County or adjacent Counties. Your average annual usage is 2,533,729 kWh. Subscribing to the remaining capacity of each garden available to you will allow you to offset 1,460,730 kWh. First Year savings of $14,607.30 at one penny ($0.01) per kWh. 25 year savings of $344,088.85 including a slight degradation factor at one half of one percent (0.5%) per year. COMMUNITY SOLAR REWARDS PROGRAM COST SAVINGS GardenArgo Navis 1Argo Navis 2Argo Navis 3Annual Total ĻğƩ Њ$ 4,869.10$ 4,869.10$ 4,869.10$ 14,607.30 ĻğƩ Ћ$ 4,844.75$ 4,844.75$ 4,844.75$ 14,534.26 ĻğƩ Ќ$ 4,820.53$ 4,820.53$ 4,820.53$ 14,461.59 ĻğƩ Ѝ$ 4,796.43$ 4,796.43$ 4,796.43$ 14,389.28 ĻğƩ Ў$ 4,772.45$ 4,772.45$ 4,772.45$ 14,317.34 ĻğƩ Џ$ 4,748.58$ 4,748.58$ 4,748.58$ 14,245.75 ĻğƩ А$ 4,724.84$ 4,724.84$ 4,724.84$ 14,174.52 ĻğƩ Б$ 4,701.22$ 4,701.22$ 4,701.22$ 14,103.65 ĻğƩ В$ 4,677.71$ 4,677.71$ 4,677.71$ 14,033.13 ĻğƩ ЊЉ$ 4,654.32$ 4,654.32$ 4,654.32$ 13,962.97 ĻğƩ ЊЊ$ 4,631.05$ 4,631.05$ 4,631.05$ 13,893.15 ĻğƩ ЊЋ$ 4,607.90$ 4,607.90$ 4,607.90$ 13,823.69 ĻğƩ ЊЌ$ 4,584.86$ 4,584.86$ 4,584.86$ 13,754.57 ĻğƩ ЊЍ$ 4,561.93$ 4,561.93$ 4,561.93$ 13,685.79 ĻğƩ ЊЎ$ 4,539.12$ 4,539.12$ 4,539.12$ 13,617.37 ĻğƩ ЊЏ$ 4,516.43$ 4,516.43$ 4,516.43$ 13,549.28 ĻğƩ ЊА$ 4,493.84$ 4,493.84$ 4,493.84$ 13,481.53 ĻğƩ ЊБ$ 4,471.37$ 4,471.37$ 4,471.37$ 13,414.12 ĻğƩ ЊВ$ 4,449.02$ 4,449.02$ 4,449.02$ 13,347.05 ĻğƩ ЋЉ$ 4,426.77$ 4,426.77$ 4,426.77$ 13,280.32 ĻğƩ ЋЊ$ 4,404.64$ 4,404.64$ 4,404.64$ 13,213.92 ĻğƩ ЋЋ$ 4,382.62$ 4,382.62$ 4,382.62$ 13,147.85 ĻğƩ ЋЌ$ 4,360.70$ 4,360.70$ 4,360.70$ 13,082.11 ĻğƩ ЋЍ$ 4,338.90$ 4,338.90$ 4,338.90$ 13,016.70 ĻğƩ ЋЎ$ 4,317.20$ 4,317.20$ 4,317.20$ 12,951.61 25 Year Total$ 114,696.28$ 114,696.28$ 114,696.28$ 344,088.85 Ϋ{ƚƌğƩ ŭğƩķĻƓ ĻƌĻĭƷƩźĭ ƭğǝźƓŭƭ ğƓğƌǤƭźƭ źƭ ğƓ ĻƭƷźƒğƷĻ ƚƓƌǤ͵ ğƩźğƷźƚƓƭ Ǟźƌƌ ķĻƦĻƓķ ǒƦƚƓ ğƒƚǒƓƷ ƚŅ ğƌƌƚĭğƷźƚƓͲ ğǝğźƌğĬƌĻ ŭğƩķĻƓƭͲ ƭƦğĭĻ źƓ ğǝğźƌğĬƌĻ ŭğƩķĻƓƭͲ ƦĻƩƒźƷ ğƦƦƩƚǝğƌƭ ŅƩƚƒ ĭźƷźĻƭ ğƓķ ĭƚǒƓƷźĻƭͲ źƓƷĻƩĭƚƓƓĻĭƷźƚƓ ğŭƩĻĻƒĻƓƷ ǞźƷŷ ĭĻƌ 9ƓĻƩŭǤͲ ğƓķ ƷĻƩƒƭ ğŭƩĻĻķ ǒƦƚƓ ǞźƷŷ ŅźƓğƓĭźğƌ ƦğƩƷƓĻƩ͵ ΫΫŷĻƭĻ ƭƚƌğƩ ŭğƩķĻƓƭ ğƩĻ ƚŅŅĻƩĻķ ĬǤ .I9 wĻƓĻǞğĬƌĻƭͲ ƓƚƷ ĭĻƌ 9ƓĻƩŭǤ͵ ĭĻƌ 9ƓĻƩŭǤ źƭ ƓƚƷ ğŅŅźƌźğƷĻķ ƚƩ ƚƷŷĻƩǞźƭĻ ƌĻŭğƌƌǤ ğƭƭƚĭźğƷĻķ ǞźƷŷ .I9 wĻƓĻǞğĬƌĻƭ ğƓķ ǤƚǒƩ ƭǒĬƭĭƩźƦƷźƚƓ ĭƚƓƷƩğĭƷͲ ğƓķ ğƌƌ ƷĻƩƒƭ ğƓķ ĭƚƓķźƷźƚƓƭ ğƩĻ ǞźƷŷ .I9 wĻƓĻǞğĬƌĻƭͲ ƓƚƷ ǞźƷŷ ĭĻƌ 9ƓĻƩŭǤ͵ 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 55435| P 952.988.9000 | F 952.988.9001 www.geronimoenergy.com/solargardens Agenda Item 5.b. MEMORANDUM TO: Environmental and Natural Resources Commission FROM:Shann Finwall, Environmental Planner DATE: June16, 2016 for the June 20 ENR Commission Meeting SUBJECT:Valley Branch Watershed District Boundary Change Introduction There are three watershed districts located in Maplewood’s boundaries including Ramsey- Washington Metro Watershed District, Capitol Region Watershed District, and Valley Branch Watershed District.The Valley Branch Watershed and Ramsey-Washington Metro Watershed District are updating their common legal boundary to better match the hydrologic boundary. Discussion Watershed district boundaries must follow property boundaries, but should also match the hydrologic boundaries as closely as possible. The watershed districts hired Barr Engineering Company to help identify theouter hydrologic boundary of the Valley Branch Watershed District. Through the evaluation process it has been determined that the boundary change will affect eight single family parcels within Maplewood. Those parcels will be removed from the Ramsey- Washington Metro Watershed District and placed in the Valley Branch Watershed District. John Hanson, P.E., District Engineer with Valley Branch Watershed District, has submitted the attached letter, resolution, and boundary map for the City of Maplewood’s review. The letter states that a watershed district boundary can be changed under Minnesota statutes. The process requires that the watershed district petition the Minnesota Board of Water and Soil Resources to change the boundary, and obtain written statement ofconcurrence from the governing body with property to be added or transferred. Recommendation Recommend approval of the attached resolution. The resolution supportsthe petition from Valley Branch Watershed District to the Board of Water and Soil Resources, requesting a boundary change for the transfer of territory between it and its adjacent watershed management plan. Attachment 1.Valley Branch Watershed District Boundary Change Documents Attachment 1 CITY OF MAPLEWOOD RAMSEYCOUNTY, MINNESOTA RESOLUTION NO. 2016-____ A RESOLUTION SUPPORTING THE PETITION FROM VALLEY BRANCH WATERSHED DISTRICTTO THE BOARD OF WATER AND SOIL RESOURCES, REQUESTING A BOUNDARY CHANGE FORTHE TRANSFER OF TERRITORY BETWEEN IT AND ITS ADJACENT WATERSHED MANAGEMENT ORGANIZATIONS. _____________________________________________________ WHEREAS,the City of Maplewoodreceived mapfigures showing the proposed changes to the Valley Branch Watershed District and Ramsey-Washington Metro Watershed District(“the Districts”) boundaries. WHEREAS,these boundary changes will make the legal boundaries of the Districts better aligned with the hydrologic boundaries that exist between the Districtswithin the City of Maplewood. NOW THEREFORE BE IT RESOLVED thatthe City of MaplewoodCity Council concurs with the proposed legal boundary changes to the Districts. BY ROLL CALL VOTE OFTHECITY OF MAPLEWOODCITY COUNCIL: THIS RESOLUTION IS ADOPTED / NOT ADOPTED THIS_____ DAY OF ________________, 2016. _______________________________ _______________________________ Attest: Clerk, City of MaplewoodMayor, City of Maplewood Barr Footer: ArcGIS 10.3.1, 2016-02-02 13:03 File: I:\\Client\\VBWD\\District\\Work_Orders\\Out_of_Scope\\Misc\\2015_Misc\\District_Legal_Boundary_Update\\For_Distribution_to_LGUs\\Munis\\Maplewood_L etter_Map.mxd User: mbs2 White Bear Lake 694 nty Road D Cou § ¨¦ 694 § ¨ ¦ Ramsey-Washington Metro Watershed District B renner A ve E Valley Branch Maplewood Watershed 107 District 19 ¨© 4765 North Saint Paul 109 Joy Rd ¨© Silver Lake Imagery Source: USDA NAIP, 2015 Proposed District Legal BoundaryMunicipal Boundary Figure 1 Current District Legal BoundaryParcel Boundary PROPOSED PARCEL CHANGES Revised Hydrologic Boundary BETWEEN VALLEY BRANCH Proposed Parcel Change WATERSHED DISTRICT AND Proposed Parcel into VBWD I SURROUNDING DISTRICTS Feet No Change City of Maplewood 6000600 Ramsey County, Minnesota Proposed Parcel out of VBWD Agenda Item 5.c. MEMORANDUM TO: Environmental and Natural Resources Commission FROM:Shann Finwall, AICP, Environmental Planner DATE:June 16, 2016 SUBJECT: ENR Commission Rules of Procedure Amendment – Meeting Start Times Introduction The City has six volunteer advisory commissionsand one board includingthe Planning Commission, Community Design Review Board, Housing and Economic Development Commission, Human Rights Commission, Heritage Preservation Commission, Parks and Recreation Commission, and the Environmental and Natural Resources Commission.During the May 23, 2016, City Council workshop the Council considered alterations to the current makeup of the commissions and board. Discussion City Council Workshop During the workshop the City Council consideredthe following: 1.Move the general meeting start times of all commissions andboard to 6 p.m. 2.Reducing the number of members on the Planning Commission and Parks and Recreation Commissionfrom nine to seven. 3.Changing the Housing and Economic Development Commission meetings to quarterly meetings rather than monthly. 4.Recommissioning the Human Rights Commission to a different type of group that is more aligned with City goals and strategic objectives. 5.Combining the Planning Commission and Community Design Review Board into one Commission. 6.Changing the Planning Commission and Community Design Review Board meetings from twice a month to once a month. The City Council will review these recommendations and make formal changes to ordinances and rules next month. ENR Commission Rules The Environmental and Natural Resources Commission adopted Rules of Procedures on October 7, 2008, with two amendments made in 2009 and 2010 (Attachment 1). The Rules of Procedures compliment the Environmental and Natural Resources Commission Ordinance and guide the Commission in conducting meetings.The Rules of Procedures state that the regular meetings shall be held at 7 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. As stated above, the recommendation to the City Council is to have all commissions and board meetingstart times begin at 6 p.m.TheEnvironmental and Natural Resources Commission should consider amending the Rules of Procedures to change the meeting start time from 7 p.m. to 6 p.m. Recommendation Consider amending the Environmentaland Natural Resources Commission Rules of Procedure to change the meeting start time from 7 p.m. to 6 p.m. Attachment 1. Environmental and Natural Resources CommissionRules of Procedure 2 Attachment 1 ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION RULES OF PROCEDURE Adopted by Environmental and Natural Resources Commission on October 7, 2008 Amendments made by the commission on December 21, 2009 Adopted by the City Council on March 8, 2010 We, the members of the Environmental and Natural Resources Commission of the City of Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the environmental and natural resources commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7:00 p.m. on the third Monday of each calendar month, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in city ordinance the environmental planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. -1- D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Unfinished Business f. New Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice chairperson shall be elected at the first environmental and natural resources commission in January of each year and will serve until their successors have been elected. Nominations and members interested in serving as the chairperson or vice- chairperson shall be announced at the last meeting of the year. The chairperson will call for further nominations at the first meeting in January each year prior to the election. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. -2- 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The environmental and natural resources commission positions shall be vacated or recommended to the city council for vacation according to the current environmental and natural resources ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures st by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21 Century. P:\\PW\\Works\\Environemental\\Environmental Commission\\ENR Rules of Procedure -3- Agenda Item 6.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM:Shann Finwall, AICP, Environmental Planner DATE: June 16, 2016, for the June 20 ENR Commission Meeting SUBJECT:Urban Agriculture – Zoning Review Introduction The Environmental and Natural Resources (ENR) Commission’s 2016 goal is to review the City’s ordinances and make recommendations that will remove barriers and promote urban agriculture uses. There are four aspects of the Commission’s review including: Animal agriculture (keeping of chickens, etc.) Crop agriculture (community gardens, etc.) Direct to consumer sales (farm stands, etc.) City Programming (composting classes, etc.) Background The urban agriculture subcommittee reviewed the City’s existing zoning code to determine where urban agriculture uses are permitted, or could be interpreted to be permitted, and where there are barriers to the use. That background information is included on Attachment 1. During the June meeting the ENR Commission will continue their focus on animal agriculture. In particular, reviewing amendments to the chickenordinance and regulations for bees. Discussion Animal Agriculture Following are four main types of animal agriculture that could take place in a residential suburban environment, and the land use concerns associated with those uses: Aquaculture and aquaponics – fish farming and closed-loop systems between plants and fish for the production and sale of fish.Running anaquaculture or aquaponics home occupation could cause nuisances to surrounding properties. Poorly maintained systems can cause odorsor attract mosquitoes. Keeping of bees – honeybees for honey and pollination.The primary concern about beekeeping in urban areas is the potential for stings. Keeping of chickens – keeping of chickens for egg production, meat, and other benefits such as fertilization of plants and control of garden pests.Concerns about noise, odor, rodent and pest problems, and potential for chickens to transmit diseases. Keeping of goats – keeping of goats for dairy, wool, meat, and maintaining plant growth by foraging.Concerns about odor, noise, and damage to property, Other forms of animal agriculture require large lots and agricultural zoning, such as raising of pigs. These types of uses would not be compatible in the City’s suburban environment. Chicken Ordinance TheCity of Maplewood adopteda Chicken Ordinance on July 11, 2011 (Attachment 2). The ordinance allows the keeping of up to ten chickens, hens only, on residential property with a permit. During the May Environmental Commission meeting, the Commission heard from two residents and the City’s Environmental and Code Specialist regarding the chicken ordinance. Following is a summary of the discussion and their suggestions for changes to the ordinance: 1.Sarah Cade, 2616 Bittersweet, Maplewood, addressed the commission. Ms. Cade has a chicken permit from the City allowing her to keep nine chickens in her back yard. Ms. Cade proposed a few changes to the City’s chicken ordinance as follows: allow more than ten chickens, remove the requirement for approval from 100% of the neighbors, remove the requirement for chicken coop height, and reduce the cost of chicken permits. 2.Tim Richmond, 865 O’Day Street, Maplewood, addressed the commission. Mr. Richmond applied for a chicken permit, but was denied due to the fact that his neighbor did not give permission as required by the chicken ordinance. Mr. Richmond proposed a change to the City’s chicken ordinance as follows: remove the requirement for approval from 100% of the neighbors and the requirement for chicken coop height. 3.Chris Swanson, Environmental and Code Specialist.Mr. Swanson reviews the permits and does the chicken permit inspectionsfor the City. The City currently has 22 approved chicken permits, with an average of nine chickens per permit.Over the last five years Mr. Swanson has had an opportunity to see whatareas of the chicken ordinance are working and what areas are not. Mr. Swanson proposes the following changes: a.Chicken Coop: 1)Interior height –six (6) feetSufficienttoallow access for cleaning and maintenance. 2)Doors–one(1) standarddoor to allow humans to access the coop and one (1) for birds (if above ground level, must also provide a stable ramp). 3)Roosts –oneand one half (1-1/2) inch diameter or greater, located eighteen (18) inches from the wall and two (2) to three (3) inches above the floor.Roosts shall be provided and shall be kept clean and in good repair. b.Chicken Run: 1)Height –Six (6) feetinheightSufficienttoallow access for cleaning and maintenance. c.Permit Required: The officer shall grant a permit for chickens after the applicant has sought the written consent of at least one hundred (100)two-thirds (2/3) percent of the owners or occupantsof privately or publicly owned real estate that arelocated adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any house. d.Term: The period under this section shall expire one (1) year from the date the permit is issuedApril 1 of every year. 2 e.Permit fee: Thepermit fee is set annually by the City Council. The fees are currently $75for the initial permit and $50 for yearly renewals. Thepermit fees were designed to cover the cost of the City’s review and inspection process. That process is as follows: Year One: Applicants submit chicken permit application and fee to Business Licensing Clerk. Business LicensingClerk reviews and sends out certified letters to adjoining neighbors in order to obtain 100 percent consent. If 100 percent consent is received Environmental and Code Specialists conducts one to two inspections of coop and run. If the applicant’s inspection is approved, the Business Licensing Clerk issues the permit. Year Two: Business Licensing Clerk mails renewal notices to all chicken permit holders. Applicants submit renewal application and fee. Environmental and Code Specialists does inspection. If the applicant’s inspection is approved, the Business Licensing Clerk issues the renewal for one more year. The initial $75permit fees seems adequate to cover the cost of issuing the permit, and ensures that applicants are serious and dedicated to the keeping of chickens. The yearly $50 renewal fee, however, could be reduced based on the fact that the renewal process is not as extensive as the issuing thepermitinitially. Keeping of Bees Maplewood does not have a backyard beekeeping ordinance orpermit requirements. But the City does have a nuisance ordinance that prohibits nuisance insects.This can be interpreted to include nuisances caused by backyard beekeeping. The goal of the Urban Agriculture –Zoning Review is to remove barriers and promote urban agriculture. For this reason, staff does not recommend over-regulating or requiring permits for the keeping of bees, but does find that some regulations are warranted. Limited regulations will ensure no nuisances to surrounding properties. Additionally, beekeeping languagein the City code will help promote the use.To begin the review of backyard beekeeping regulations, staff is including the following: 1.A list of city bee ordinances from the University of Minnesota Bee Lab (http://www.beelab.umn.edu/)(Attachment 1). 2.City of St. Paul’s Bee Keeping Rules and Regulations 3.City of St. Paul Park’s Honeybee License Application 3 Recommendation The Environmental and Natural Resources Commission should review the report andoffer comment and feedback on moving forward with the animal agriculture section of the urban agriculture review. Attachments 1.Maplewood Urban Agriculture – Zoning Review 2.Chicken Ordinance . A list of city bee ordinances from the University of Minnesota Bee Lab . City of St. Paul’s Bee Keeping Rules and Regulations City of St. Paul Park’s Honeybee License Application . 4 Attachment 1 City of Maplewood Urban Agriculture – Zoning Review Update June 16, 2016 The Environmental and Natural Resources (ENR) Commission’s 2016 goal is to review the City’s ordinances and make recommendations that will remove barriers and promote urban agriculture uses. There are four aspects of the Commission’s review including: Animal agriculture (keeping of chickens, etc.) Crop agriculture (community gardens, etc.) Direct to consumer sales (farm stands, etc.) City Programming (composting classes, etc.) Review of Existing Codes The urban agriculture subcommittee reviewed the City’s existing zoning code to determine where urban agriculture uses are permitted, or could be interpretedto be permitted, and where there are barriers to the use.For animal agriculture uses the following ordinances apply: Residential Farm District (Sections 44-71 and 44-72): It is estimated there are 200 residential lots that are zoned Farm District. The Farm District zoning is a remnant district from the City’s agricultural era. As large lots were subdivided into smaller lot residential developments, Farm zoned land had been rezoned to Single Family Residential District (R-1).Livestock raising and handling are allowed in the Farm District with a conditional use permit. Livestock is defined as “horses, cattle, mules, asses, goats, sheep, swine, buffalo, llamas, ostriches, reptiles, genetic hybrids of the foregoing, and other living animals usually kept for agriculture husbandry, or the production of edible or salable byproducts.” Single and Double Dwelling Residential Districts Including R-1, R-1(R), R-E, R-1S, R-2 (Sections 44-101,44-117,44-152,44-192,44-241): o Permitted Uses Single family homesand accessory uses. Bees - Keeping of Certain Animals (Section 10-32):No person shall keep, maintain, or harbor within the city any animal kept in such numbers or in such a way as to constitute a likelihood of harm to the public, which constitutes a public nuisance. Definition of animal includes “insect.” Interpretation – bees are allowed as long as they don’t become a nuisance. o Prohibited Uses Raising or handling of livestock and poultry(except chickens as outlined in Article IX). o Home Occupations (Division 2)with a permit approved by the City Council if any of the following circumstances would occur more than 30 days each year. 1 Employment of a nonresident. Customers or customers’ vehicles on the premises. Home Occupations must not: Have more than one vehicle associated with the home occupation which is classified as a light commercial vehicle. Not generate traffic in greater volumes than would normally be expected in a residential neighborhood. Have more than one non-resident employee workingon the premises. Have vehiclesassociated with the home occupation parked on the street. Section 44-101includes permitted uses in residential zoning districts and specifies that commercial plant nurseries and greenhouses on a property with a dwelling are allowed with a home occupation license. Interpretation -aquaculture and aquaponicscould be allowed with a home occupation. o Uses Allowed with a Permit Chickens(Article IX): Keeping of up to ten hens with a permit approved by City staff is allowed in residential districts (except R-1S). Maplewood’s chicken ordinance was adopted in 2011 and allows the keeping of up to ten hens on residential property with a permit. A property owner applying for a permit must have consent from 100 percent of their adjacent property owners for the City to issue the permit. The fee for a chicken permit is $75 for the first year, and $50 thereafter. Commercial Light Manufacturing District: o Permitted uses in Section 44-636allows manufacturing, assembly or processing of food products, except meat, poultry or fish. Interpretation –assembly or processing of meat, poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which refers to fish farming and closed loop systems that create a relationship between plants and food. Heavy Manufacturing District: o Permitted uses in Section 44-676allow manufacturing, assembly or processing of food products, except meat, poultry or fish. Interpretation –assembly or processing of meat, poultry, or fish is prohibited, which would exclude aquaculture or aquaponics, which refers to fish farming and closed loop systems that create a relationship between plants and food. Conditional Use Permits(Article V): The City Council may issue conditional use permits for the following uses in any zoning district where they are not specifically prohibited: “Public and private utilities, public service, or public building uses.”Interpretation –public service or public building uses could include animal agriculture by a public entity in some zoning districts with a conditional use permit. 2 Attachment 2 ORDINANCE NO. 913 An Ordinance Allowing the Keeping of Chickens in Single Dwelling Residential Districts The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section amends the Maplewood Zoning Code to allow the keeping of chickens in single dwelling residential districts (except for the R-1S, Small Lot Single Dwelling Residential District). (Additions are underlined and deletions are stricken from the original ordinance.) Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence District) Sec. 44-6. Definitions. Poultry means domesticated birds that serve as a source of eggs or meat and that include among commercially important kinds, chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others. Sec. 44-103. Prohibited uses. The following uses are prohibited in the R-1 Residence district: (1) The raising or handling of livestock, poultry (except for chickens as outlined in Sections 10-476 through 10-487, Chickens) or animals causing a nuisance, except for licensed kennels. Section 2. This section amends the Maplewood Zoning Code to add clarifying language to the R-1S (Small Lot Single Dwelling Residential District) and R-1R (Rural Single Dwelling Residential Conservation District). There are five single dwelling residential districts in the City as follows: R-1, R-1S, RE- 30,000, RE 40,000, and R-1R. The R-1 district lists the specific uses. Two other single dwelling residential districts (RE-30,000 and RE 40,000) refer to the R-1 district for permitted and prohibited uses. Clarifying language is needed in the R-1S and R-1R districts to ensure the permitted and prohibited uses are carried over from the R-1 district as well (except for raising of chickens in the R-1S district). (Additions are underlined and deletions are stricken from the original ordinance): Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-lot Single Dwelling Residential District) Sec. 44-192. Permitted uUses. (1) Permitted uses. The only permitted uses allowed in the R-1S small-lot single dwelling residential district are the permitted uses in the R-1 district. (2) Prohibited uses. (a) Accessory buildings without an associated dwelling on the same premises. 1 (b) The raising or handling of livestock, poultry or animals causing a nuisance, except for licensed kennels. (c) Because of small lot sizes in the R-1S district, the keeping of chickens as outlined in Sections 10-476 through 10-487, Chickens, is prohibited in the R-1S district. Chapter 44 (Zoning), Article II (District Regulations), Division 3.5 (R-1R Rural Conservation Dwelling District) Sec. 44-118. Uses. (a) … (b) … (c) Prohibited uses. The city prohibits the following uses in the R-1R zoning district: (1) Accessory buildings without an associated single dwelling on the same property. (2) The raising or handling of livestock, poultry (except for chickens as outlined in Sections 10-476 through 10-487, Chickens) or animals causing a nuisance, except for licensed kennels. Section 3. This section adds language to the city’s Animal Ordinance (Chapter 10) to address the permitting requirements for chickens in single dwelling residential districts (except the R-1S district): Chapter 10 (Animals), Article IX (Chickens) Sec. 10-476. Definitions. Brooding means the period of chicken growth when supplemental heat must be provided, due to the bird’s inability to generate enough body heat. Chicken means a domesticated bird that serves as a source of eggs or meat. Coop means the structure for the keeping or housing of chickens permitted by the ordinance. Exercise yard means a larger fenced area that provides space for exercise and foraging for the birds when supervised. Hen means a female chicken. Officer means any person designated by the city manager as an enforcement officer. Rooster means a male chicken. Run means a fully enclosed and covered area attached to a coop where the chickens can roam unsupervised. Sec. 10-477. Purpose. 2 It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding past time. Therefore, it is the purpose and intent of this ordinance to permit the keeping and maintenance of hens for egg and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community. Sec. 10-478. Investigation and Enforcement. Officers designated by the city manager shall have authority in the investigation and enforcement of this article, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The officer shall make investigations as is necessary and may grant, deny, or refuse to renew any application for permit, or terminate an existing permit under this article. Sec. 10-479. Limitations for each single dwelling residential unit, except the R-1S district where the keeping of chickens is prohibited: (1) No more than ten (10) hens shall be housed or kept on any one (1) residential lot in any area of the city zoned for single dwelling residential with a permit as outlined below. (2) Roosters are prohibited. (3) Slaughtering of chickens on the property is prohibited. (4) Leg banding of all chickens is required. The bands must identify the owner and the owner’s address and telephone number. (5) A separate coop is required to house the chickens. Coops must be constructed and maintained to meet the following minimum standards: (a) Located in the rear or side yard. (b) Setback at least five (5) feet from the rear or side property lines. (c) Interior floor space – four (4) square feet per bird. (d) Interior height – six (6) feet to allow access for cleaning and maintenance. (e) Doors – one (1) standard door to allow humans to access the coop and one (1) for birds (if above ground level, must also provide a stable ramp). (f) Windows – one (1) square foot window per ten (10) square feet floor space. Windows must be able to open for ventilation. (g) Climate control – adequate ventilation and/or insulation to maintain the coop temperature between 32 – 85 degrees Farenheit. (h) Nest boxes – one (1) box per every three (3) hens. 3 (i) Roosts – one and one-half (1 ½) inch diameter or greater, located eighteen (18) inches from the wall and two (2) to three (3) inches above the floor. (j) Rodent proof – coop construction and materials must be adequate to prevent access by rodents. (k) Coops shall be constructed and maintained in a workmanlike manner. (6) A run or exercise yard is required. (a) Runs must be constructed and maintained to meet the following minimum standards: 1) Location: rear or side yard. 2) Size: Ten (10) square feet per bird, if access to a fenced exercise yard is also available; sixteen (16) square feet per bird, if access to an exercise yard is not available. If the coop is elevated two (2) feet so the hens can access the space beneath, that area may count as a portion of the minimum run footprint. 3) Height: Six (6) feet in height to allow access for cleaning and maintenance. 4) Gate: One gate to allow human access to the run. 5) Cover: Adequate to keep hens in and predators out. 6) Substrate: Composed of material that can be easily raked or regularly replace to reduce odor and flies. (b) Exercise yards must be fenced and is required if the run does not provide at least sixteen (16) square feet per bird. Exercise yards must provide a minimum of one-hundred seventy-four (174) square feet per chicken. (7) Chickens must not be housed in a residential house or an attached or detached garage, except for brooding purposes only. (8) All premises on which hens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surrounding must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. Failure to comply with these conditions may result in the officer removing chickens from the premises or revoking a chicken permit. (9) All grain and food stored for the use of the hens on a premise with a chicken permit shall be kept in a rodent proof container. (10) Hens shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. 4 (11) Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within forty-eight (48) to seventy-two (72) hours. Legal forms of chicken carcass disposal include burial, off-site incineration or rendering, or composting. Sec. 10-480. Permit required. The officer shall grant a permit for chickens after the applicant has sought the written consent of one hundred (100) percent of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant’s property lines are one hundred fifty (150) feet or more from any house. Where an adjacent property consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary. Sec. 10-481. Application. Any person desiring a permit required under the provisions of this article shall make written application to the city clerk upon a form prescribed by and containing such information as required by the city clerk and officer. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep the chickens. (2) The breed and number of chickens to be maintained on the premises. (3) A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from the chicken coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan. (4) Statements that the applicant will at all times keep the chickens in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit. (5) Such other and further information as may be required by the officer. Sec. 10-482. Permit conditions. (1) If granted, the permit shall be issued by the city clerk and officer and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or 5 odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintain such chickens. Sec. 10-483. Violations. (1) Any person violating any of the sections of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be punished in accordance with section 1-15. (2) If any person is found guilty by a court for violation of this section, their permit to own, keep, harbor, or have custody of chickens shall be deemed automatically revoked and no new permit may be issued for a period of one (1) year. (3) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including but not limited to the pickup and impounding of chickens. Sec. 10-484. Required; exceptions. No person shall (without first obtaining a permit in writing from the city clerk) own, keep, harbor or have custody of any live chicken. Sec. 10-485. Fees; issuance. For each residential site the fee for a permit is as may be imposed, set, established and fixed by the City Council, by resolution, from time to time. Sec. 10-486. Term. The permit period under this section shall expire one (1) year from the date the permit is issued. Sec. 10-487. Revocation. The city manager may revoke any permit issued under this ordinance if the person holding the permit refuses or fails to comply with this ordinance, with any regulations promulgated by the city council pursuant to this ordinance, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten (10) days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded. 6 Ordinances | Bee LabPage 1of 6 Attachment 3 Search Websites and People http://www.beelab.umn.edu/resources-beekeepers/ordinances6/16/2016 Ordinances | Bee LabPage 2of 6 http://www.beelab.umn.edu/resources-beekeepers/ordinances6/16/2016 Ordinances | Bee LabPage 3of 6 http://www.beelab.umn.edu/resources-beekeepers/ordinances6/16/2016 Ordinances | Bee LabPage 4of 6 http://www.beelab.umn.edu/resources-beekeepers/ordinances6/16/2016 Ordinances | Bee LabPage 5of 6 http://www.beelab.umn.edu/resources-beekeepers/ordinances6/16/2016 Ordinances | Bee LabPage 6of 6 http://www.beelab.umn.edu/resources-beekeepers/ordinances6/16/2016 Attachment 4 DEPARTMENT OF SAFETY AND INSPECTIONS Ricardo X. Cervantes, Director CITY OF SAINT PAUL 375 Jackson Suite 220 Telephone: 651-266-8989 Christopher B. Coleman, Mayor Saint Paul, Minnesota 55101-1806 Facsimile: 651-266-9124 Web: www.stpaul.gov/dsi · · · · AA-ADA-EEO Employer Revised 9/14 · o o o o · · · AA-ADA-EEO Employer Revised 9/14 Attachment 5 #¨³¸®¥3³ȁ0 ´«0 ±ª 600PortlandAvenue St.PaulParkMN55071 Phone:6514599785 CITYOFST.PAULPARK HONEYBEELICENSEAPPLICATION NEW$100_____RENEWAL$50_____DATE____________________ Owner/Applicant:__________________________________________________________________ SiteAddress:__________________________________________________________________ DaytimePhone:_____________________EveningPhone:_____________________ RequiredDocumentation: Siteplan(includingallsetbacks)showinglocationandsizeofpremises;location,size,andtypeofallstructures, colonies,hives,flyawaybarriers,fences,storagecontainersandanyotheritemrelatedtothebeekeeping operation. BeekeepingTrainingCertificate(minimum16hours) Mailinglabelsforallpropertieswithin150feetofpropertyhoneybeesareproposedtobekept(canbeobtained fromWashingtonCounty) Conditions: Thelimitedkeepingofhoneybeesmaybepermittedasanaccessoryusetoasinglefamilyresidencesubjecttothe following: 1.Thepropertyshallbeoccupiedwithasinglefamilyhome.Theownerofthehoneybeesshallliveinthe dwellingontheproperty.ThepropertyownershallbeinreceiptofalicenseasrequiredbyCityOrdinance. 2.Honeybeesshallbekeptinhiveswithremovableframes,whichshallbekeptinsoundandusablecondition. 3.Aconvenientsourceofwatershallbeavailabletothecolonypriortoandsolongascoloniesremainactive outsideofthehive. 4.Nowaxcomborothermaterialthatmightencouragerobbingbyotherbeesshallbeleftupontheproperty. Suchmaterialsonceremovedfromthesiteshallbehandledandstoredinsealedcontainers,orplaced withinabuildingorotherinsectproofcontainer. 5.Foreachcolony,theremayalsobemaintaineduponthesamelot,one(1)nucleuscolonyinahivestructure nottoexceedone(1)standardnineandfiveeights(9)inchdepthtenframehivebodywithnosupers. 6.Beekeepingequipmentshallbemaintainedingoodconditionincludingkeepingthehivespaintedand ccupancybyswarms.Itshall securingunusedequipmentfromweather,potentialtheftorvandalismando beaviolationofthissectionforanyunusedequipmenttoattractaswarm,evenifthepropertyownerisnot intentionallykeepinghoneybees. 7.Allhivesshallbeenclosedwithalatchingfence. 8.Hivesshallbelocatednotlessthan10feetfromthepropertylineandonlyintherearyard.Ineachinstance whereacolonyiskeptlessthan25feetfromapropertylineofthelotuponwhichtheapiaryislocated,as measuredfromthenearestpointonthehivetothepropertyline,andanyentrancestothehivefacesthe propertyline,thereshallbeestablishedandmaintainedaflyawaybarrieratleastsixfeetinheight(see attachedOrdinanceforadditionalconditionsregardingtheflywaybarrier). 9.Nomorethantwo(2)coloniesshallbepermittedperproperty. Agreement: IherebycertifyIhavereadandunderstandtheordinance(attached)regardingthelimitedkeepingofhoneybeesand agreethatmypremisesmaybeinspectedbytheCityofSt.PaulParkatallreasonabletimessoastoassurecompliance withtheconditionsoutlinedintheCityCodeofOrdinances,Chapter10,Section1011. ______________________________________________________ ApplicantDateofApplication OFFICEUSEONLY SitePlan/SetbacksReceived________ TrainingCertificateReceived________ MailingLabelsReceived________ ZoningVerified________ __________________________________________________________ Inspected/ApprovedByDate __________________________________________________________ TitlePermitExpirationDate