To: Chair Jones and Members of the Planning & Zoning Commission From: Annita Smythe, City Administrator Date: October 7, 2019 Re: Overview of October 7, 2019 Planning & Zoning Commission Agenda

1. Call to Order and Pledge of Allegiance: 6:00 p.m. Council Chambers

2. Approval of Agenda 3. Public Hearing – Cokato Charitable Trust – Conditional Use Permit

Please see attached application for a Conditional Use Permit for a 7-foot privacy fence. This property had a complaint last year for code violations related to the rear area of the property where the trash container is stored. In the past, they have had other items of rubbish stored back there outside of the approved trash receptacle. It would be nice if this proposed fence could be extended to also screen that area of the property.

4. Discussion & Recommendation – Cokato Charitable Trust – Conditional Use Permit

5. Discussion & Recommendation – IPS Solar – Site Plan, Rezoning, Conditional Use Permit This is the follow-up meeting for discussion of the proposed solar garden. The Public Hearing was closed at the last meeting, so any further public commentary is at the discretion of the Commission. I have attached the materials received in response to the requests from the last meeting. It is my understanding that Dan Bravinder from the Cokato Township Board plans to attend to give input. I also received a comment letter from the property owner responding to the comments received from Cokato Development Corp. These items are included in your packet.

Separately, I have received a lot of information from several people after our meeting. Since this is our first solar project, we don’t have a detailed process set in place for review of these. However, Wright County was kind enough to share information about the process they have completed over the last several years. In your materials, I have a sample development agreement that the County was willing to share. They advised that we consider having an agreement to govern this project.

6. Other Business

7. Approval of Minutes from September 9, 2019 Meeting 8. Next Meeting Date – November 4, 2019 at 6:00 p.m. 9. Adjournment

September 10, 2019

Dear Mr. Osland and Mr. Evans,

This letter is to certify that the City of Cokato is hereby extending the 60-day review period of your Development Application. The application was received on July 23, 2019, and subsequent materials needed to complete the application were received on July 31, 2019. We hereby extend the application review period by an additional 60 days as permitted by MN Statutes Section 15.99 Subd. 3(f) to November 28, 2019.

The Planning & Zoning Commission held a public hearing on this application on September 9, 2019. Several issues were raised at the public hearing making it apparent that additional information would be needed before the Commission could render a decision on some parts of the application. The Lot Combination was recommended for approval and referred to the City Council, who approved the Lot Combination on September 9, 2019. However, due to the issues raised at the public hearing, the Planning & Zoning Commission tabled the Site Plan Review, Rezoning, and Conditional Use Permit requests until their next meeting on October 7, 2019 at 6:00 p.m.

The Commission requested additional information on the following items:

1) Information on the environmental impact of the project to the homes in the surrounding neighborhood. Specifically, Members requested additional information about drainage patterns in the area and how the project would affect overland water flows.

2) A detailed map of all utilities in the area that would support development of the property.

3) Information about the developer’s road maintenance and road safety plans during construction, along with information about any agreements the city has with Cokato Township related to maintenance of the shared road that serves the property.

4) Information about the Decommissioning Bond held by the developer.

Because this property borders township property, the issues raised by township residents at the public hearing were not known to the city until after the public hearing. The city will contact Cokato Township about any agreements related to road maintenance. Please provide the other information requested by the Commission as soon as possible so that it can be made available to Members prior to the meeting on October 7, 2019.

If the Planning & Zoning Commission acts on the application at their next meeting on October 7, 2019, it will be referred to the City Council for consideration at their meeting to be held on October 14, 2019 at 6:00 p.m.

Please contact my office if you have any questions. Thank you for your assistance.

Respectfully,

Annita M. Smythe, City Administrator City of Cokato asmythe@cokato.mn.us 320-286-5505

Building Energy.

INNOVATIVE POWER SYSTEMS, INC. / D.B.A. IPS SOALR | 2670 PATTON ROAD

ROSEVILLE, MN 55113 | 651-789-5305 | WWW.IPS-SOLAR.COM MN General Contractor’s License # BC101407 | MN Electrical Contractor’s License # EA006128

City of Cokato Attn: Annita Smythe, City Administrator

Josh Halvorson, City Engineer This letter is in response to the letter received by IPS Solar dated September 10, 2019 requesting additional information regarding our application for rezoning and a Conditional Use Permit for a 1MW Community Solar Garden located on Tax ID 105500274200.

1) Information on the environmental impact of the project to the homes in the surrounding neighborhood. Specifically, Members requested additional information about drainage patterns in the area and how the project would affect overland water flows.

The solar development will positively impact the homes in the surrounding

neighborhood in terms of aesthetics and water drainage. At the previous public hearing adjacent landowners expressed their preference for a

solar project in this location as opposed to other industrial uses that create more of a nuisance.

IPS has agreed to plant a deep-rooted pollinator friendly seed base underneath the array. It will increase permeability of the soil and reduce the velocity of water runoff, in addition to providing habitat for pollinators and birds. IPS will also submit a Stormwater Pollution Prevention Plan (SWPPP) as part of its building permit application. The plan will require approval by the City Engineer before a building permit can be issued. The SWPPP will scientifically calculate runoff patterns based on soil types, historic rain data, topography, and determine where and if water retention ponds will be necessary to prevent runoff to adjacent property owners.

2) A detailed map of all utilities in the area that would support development of the property.

The project will not require any City owned utilities or personnel. New three phase

conduit will run down Omer Ave and connect to Xcel Energy’s existing three phase line at the intersection of Omer Ave SW and 1st St NE. Any Xcel customers along the path of the new three phase power line will gain access to three phase power for free, including future industrial developments. From there, electricity will travel through Xcel’s existing power distribution grid to any consumers along the line, and finally connect to the Xcel substation located at the Northeast corner of Johnson Ave SW and 7th St. NE. A map of

Building Energy.

INNOVATIVE POWER SYSTEMS, INC. / D.B.A. IPS SOALR | 2670 PATTON ROAD

ROSEVILLE, MN 55113 | 651-789-5305 | WWW.IPS-SOLAR.COM MN General Contractor’s License # BC101407 | MN Electrical Contractor’s License # EA006128

Xcel service territory, the interconnection point, new three phase, and existing substation is attached. 3) Information about the developer’s road maintenance and road safety plans during construction, along with information about any agreements that the city has with Cokato township related to maintenance of the shared road that serves the property. Omer Ave and 47th St. SW are maintained jointly between the City and the Township. IPS has reached out to the township regarding this project but has not heard back. In the past, IPS has agreed to post a separate road maintenance security for road repairs after the construction of the array. Since the road is jointly maintained, IPS will post two securities in the amount of $2,500 each, for the City and Township respectively so that money is set aside if either determines that repairs need to be made after construction. At the public hearing, safety concerns regarding passing traffic during construction of the project were raised. IPS agrees to post road construction warnings to protect passing traffic coming from blind turns in the road.

3) Information about the decommissioning bond held by the developer

IPS agrees to post a $50,000 bond or letter of credit in favor of the property owner for decommissioning of the solar project.

- Evan Carlson Director of Land and Legal for IPS Solar (952) 212-0824

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Source: Wright County Imagery (2018)

From: Dean OslandTo: Annita SmytheCc: Evan CarlsonSubject: Proposed Solar FascilityDate: Sunday, September 15, 2019 12:58:14 AM

September 16, 2019

Cokato Planning & Zoning CommitteeCity of CokatoPO Box 1030Cokato, Mn 55321

Re: Proposed Solar Facility

Dear Committee,

I submit the following comments to you to consider after reading the letter sent to you by CDC dated September 5,2019. Their letter had (3) concerns and I will address each one.1) The property is not zoned Industrial. It is Zoned Residential. The City Administratorhas told me that the City would like to change the zoning from Residential to Industrialas there are currently other areas within the city limits as well as outside city limits thatshould take care of the city’s future housing needs.When my partners and I were negotiating the purchased this property it was zoned Residential. We purchased theproperty and were planning a phased (100) plus housing unit development. Following the purchase a civilengineering firm was hiredto develop all documents and drawings necessary to final plot the property for housing. Unfortunately $140,000.00was spent on engineering when the housing market declined and my housing developer backed out of the project. Ihave no problem rezoning a portion of the property to Industrial or for that matter the entire property. However, myrequest to partially rezone is contingent on receiving a Conditional Use Permit for a Solar Facility. Without suchapproval it is my intent to keep the existing residential zoning.

2) There was a sewer line installed on my property which has a 20 foot easement that runs diagonally across myplot. This line was installed to service the housing development to the NW of my land as well as my proposedhousing project and the Industrial land owned by CDC to the West and South. I was assessed for the sewer line onmy property approximately $75,000.00 and that assessment has been paid in full.Regard the water service. I believe that there are currently plans to extend a water service loop to the west of myproperty line which was needed to fill the needs of others. Today there is no water service on my property.

3) If my property were to be rezoned to Industrial and it was not used as Solar then there exist a strong probably of a need to improve Omer Ave to the South of my property. Prior discussions with the city to provide thoseimprovements were not successful. I also doubt that the residential neighborhood to my east would accept OmerAve as a dirt road with heavy traffic creating dust and damaging the surface. Therefore I would consider solar thebest use of the property as there would be no traffic increase, no need to provide additional utilities and roadimprovements at a substantial expense to both the County and the City.additional bonuses include:*A new 3 phase electrical service installed along Omer Ave at no cost.*The abilities of interested electrical users to invest in this project and save up to 30% on their electrical bills.*The taxes on this property would also increase from the current agricultural base to a higher rate.

In summary I hope that you will work with IPS, my solar contractor, and myself to recommend the issuances of aCondition Use Permit for Solar.

I will continue to solicit industrial users for this property to supplement the property not used for solar.I would also offer the property for sale to the City or any other interest party that would be interested in developing

this property as an Industrial Park.Keep in mine that without the help and resources of the City of Cokato and the County the odds of having anindustrial park other than solar on this site remain doubtful.

Thank you for your consideration.Laurel Village of Cokato - Land OwnerDean Osland

Sent from my iPad

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AGREEMENT BETWEEN THE DEVELOPER OF A SOLAR ENERGY FARM

AND THE COUNTY OF WRIGHT

THIS AGREEMENT is entered into on __________________, between Wright County (hereinafter “County”) and xxxxxxxxx a Delaware Limited Liability Company . (hereinafter collectively “developer”)

WITNESSETH: WHEREAS, Developer is the fee owner or lessee and developer of the real property described in Exhibit A, attached hereto and incorporated herein by reference, which real property is proposed to have a solar energy farm constructed on it and which real property is subject to the provisions of this Agreement; and

WHEREAS, Developer is proposing to construct a solar energy farm. Said construction which is to be governed by this Agreement and shall be hereinafter referred to in its entirety as “Said Solar Energy Farm” or “Subject Property”; and

WHEREAS, the County has granted the developer a Conditional Use Permit which is

interim in nature for the Developer’s solar energy farm (attached hereto as Exhibit B) contingent upon compliance with certain County requirements including, but not limited to, matters set forth herein; and

WHEREAS, the County requires certain improvements and securities including, but not limited to, roads and interconnections to be installed to serve the Development and other properties affected by the development of Developer’s land, to be installed and financed by Developer; and

WHEREAS, Wright County requires that a letter of credit, or cash deposit, be placed on file prior to the issuance of a building permit and that the terms for drawing on the letter of credit be stated;

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WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and subsequent owners, the understandings and covenants of the parties concerning the development of said solar energy farm and the conditions imposed thereon.

NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party’s promises and considerations herein set forth, as follows: 1. Construction and Maintenance of Solar Energy Farm.

A. Developer is authorized pursuant to the terms and conditions of the Condition Use Permit to construct a Solar Energy Farm. The Conditional Use Permit for a Solar Energy Farm is interim in nature and will expire in 30 years. Said improvements shall be constructed according to the plans on file with the Wright County Office of Planning and Zoning and in accordance to the terms and conditions of the Conditional Use Permit.

B. The Developer warrants to the Township and the County that all of their road

infrastructure shall suffer no measurable impairments, either to the structure or to the surface or other usable areas due to the construction, maintenance, or decommissioning of this Solar Energy Farm.

2. Surety Requirements.

A. Developer will provide the County with an irrevocable letter of credit (or other surety as approved by the County Attorney) as security that the obligations of the Developer under this contract shall be performed. Said letter of credit or surety shall be in the amount of one hundred fifty thousand nine hundred thirty dollars ($150,000.00) Said letter of credit or cash deposit must meet the approval of the County Attorney and the Township Attorney as to form and issuing bank (the issuing bank must be an FDIC/NCUA insured bank), and must be available in its entirety to fulfill the obligations of the Developer under this Agreement. The letter of credit to the County shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless the County specifically approves cancellation of the letter of credit in writing.

In the event the Developer or its successors in interest provides the County with a cash deposit, the County agrees it will credit interest to the cash deposit on a monthly basis. The interest will be calculated at the bank rate obtained by Wright County.

B. Prior to obtaining the building permits the developer shall pay six thousand dollars ($6,000.00) to township roadway damages and gravel costs associated with accessing the proposed solar farm from U.S. Highway 12 to Quimby Avenue during the initial construction phase. The Developer agrees it will be responsible for

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additional damages in the event they fail to comply with posted road restrictions and seasonal load requirements.

C. The County may draw on said letter of credit or surety after required written notice

to complete work not performed by Developer (including but not limited to, decommissioning, reclamation, noxious weed removal, ongoing maintenance of the ground cover, fencing and screening and as required within the conditional use permit described above and other such measures to bring the conditions stated in the permit into compliance), to reimburse itself for costs incurred in the administration or enforcement of this Agreement, to repair or correct deficiencies or other problems which occur to the road improvements during the construction period, or to otherwise fulfill the obligations of Developer under this Agreement. Said Developer must maintain letter of credit or cash deposit at all times at the level provided in paragraph 2A above or a lesser amount authorized by the County Board pursuant to paragraph 3B below.

D. In the event that any cash, irrevocable letter of credit, or other surety referred to

herein is ever utilized and found to be deficient in amount to pay or reimburse the County in total as required herein, the Developer agrees that upon being billed by the County, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the County will, upon making said determination, refund to the Developer any monies, without interest, which the County has in its possession which are in excess of the actual costs of the project as paid by the County.

E. Developer hereby agrees to allow the County to specially assess Developer's

property for any and all reasonable costs incurred by the County in enforcing any of the terms of this agreement or for enforcing any of the terms of the Conditional Use Permit should Developer's letter of credit or surety prove insufficient or should Developer fail to maintain said letter of credit or surety in the amount required above within 30 days of mailing of written request by the County.

F. That portion of said cash, irrevocable letter of credit or other surety with respect to

the protection of government infrastructure or road improvements shall be released upon certification of the County Engineer and approval of the Township and the County Board that all such infrastructure has not been damaged as a result of this construction.

G. In the event a surety referred to herein is in the form of an irrevocable letter of credit,

which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or satisfied, it is agreed that the Developer shall provide the County with a new letter of credit or other surety, acceptable to the County, at least forty-five (45) days prior to the expiration of the original letter of credit. If a new letter of credit is not received as required above, the County may without notice to Developer declare a default in the terms of this Agreement and thence draw in part or in total, at the County's discretion, upon the

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expiring letter of credit to avoid the loss of surety for the continued obligation. The County Attorney prior to its issuance must approve the form of any irrevocable letter of credit or other surety.

H. In the event the Developer files bankruptcy or in the event a bankruptcy proceeding

is filed against Developer by others and is not dismissed within 60 days, or in the event a court appoints a receiver for the Developer, the County may draw on its letter of credit or surety in its full amount to secure its surety position. The County shall then release the remainder of said letter of credit or surety to the bankruptcy court or receiver in the same manner that it would be required to release the letter of credit under this Agreement.

3. Surety Release. A. When it is reasonably prudent, the Developer may request of the County that the

surety be proportionately reduced for that portion of protecting the road infrastructure provided that the construction of the Solar Energy Farm has been fully completed and any payment for infrastructure damage has been resolved and made therefor. All such decisions shall be at the discretion of the County Board.

B. The Developer may request of the County a reduction or release of any surety as

follows: i. When another acceptable letter of credit or surety is furnished to the County

to replace a prior letter of credit or surety. ii. As to all requests brought under this paragraph, the County Board shall have

complete discretion whether to reduce or not to reduce said letter of credit or surety.

C. The costs incurred by the County in processing any reduction request shall be billed

to the Developer and paid to the County within thirty (30) days of billing.

4. Abandonment of Project, Decommissioning - Costs and Expenses.

A. In the event Developer should abandon the proposed development of the said Solar Energy Farm, the County’s costs and expenses related to attorney’s fees, professional review, drafting of this Agreement, preparation of any reports, plans and specifications, and any other expenses undertaken in reliance upon Developer’s various assertions shall be paid by said Developer within thirty (30) days after receipt of a bill for such costs from the County. In addition, in the event the Developer abandons the project, in whole or in part, ceases substantial field work for more than nine (9) months, discontinues the operation of the solar farm for a period of twelve (12) months, fails to provide sufficient ground-cover to prevent continuing soil erosion, fails to maintain the ground cover or keep the property free from noxious weeds, or fails to leave the abandoned property in a condition which can be mowed using conventional lawn mowing equipment, Developer

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agrees to pay all costs the County may incur in taking whatever action is reasonably necessary to maintain the subject property, to provide ground-cover and otherwise restore the Solar Energy Farm to the point where the infrastructure is removed and the grounds are level and covered with permanent vegetation sufficient to prevent continuing soil erosion from Said Solar Energy Farm and to facilitate mowing of Said Solar Energy Farm and parcel of land. In the event that said costs are not paid, the County may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph.

B. The Developers, at their own expense, agrees to decommission the solar farm pursuant to terms of the Wright County Zoning Ordinance, the conditional use permit and the plans on file with the Wright County Office of Planning and Zoning. Decommissioning means the removal of all infrastructure, utilities, and roads related to the Solar Energy Farm and includes restoring the land to it natural pre-development vegetated stated. The decommissioning of the Solar Energy Farm shall immediately commence in the event the Solar Energy Farm ceases all operations or is disconnected from the power grid for a period of twelve (12) months and shall be completed within six (6) months. The decommissioning of the Solar Energy Farm shall be completed no later than the expiration date of the interim conditional use permit. In the event the interim conditional use permit is revoked the developer agrees to decommission the Solar Energy Farm within six (6) months. Developer agrees to pay all costs the County may incur in taking whatever action is reasonably necessary to decommission the Solar Energy Farm to the point where the infrastructure, utilities, and roads are removed and the grounds are level and covered with permanent perennial vegetation sufficient to prevent continuing soil erosion from Said Solar Energy Farm and to facilitate mowing of Said Solar Energy Farm and parcel of land. In the event that said costs are not paid, the County may withdraw funds from the above-mentioned surety for the purpose of paying the costs referred to in this paragraph. The County is authorized to credit any salvage value from the infrastructure against any cost incurred as a result of decommissioning the Solar Energy Farm. Any surplus salvage value after costs shall be return to the Developer. The County is authorized to salvage or dispose of any infrastructure at a facility of its own choosing which is authorized to accept and process the infrastructure.

5. Maintain Public Property Damaged or Cluttered During Construction.

Developer agrees to assume full financial responsibility for any damage or repairs which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system including but not limited to watermain, sanitary sewer or storm sewer when said damage occurs as a result of the construction activity which takes place during the development of Said Solar Energy Farm. The Developer further agrees to pay all costs required to repair the streets, utility systems and other public property damaged or cluttered with debris when occurring as a direct or indirect result of said construction that takes place in Said Solar Energy Farm.

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Developer agrees to clean the streets on a daily basis if required by the County. Developer further agrees that any damage to public property occurring as a result of construction activity on Said Solar Energy Farm will be repaired immediately if deemed to be an emergency by the County. Developer further agrees that any damage to public property as a result of construction activity on Said Solar Energy Farm will be repaired within 14 days if not deemed to be an emergency by the County.

If Developer fails to so clean the streets or repair or maintain said public property, the County may immediately undertake making or causing it to be cleaned up, repaired or maintained. When the County undertakes such activity, the Developer shall reimburse the County for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, then the County may specially assess such costs against the lots within Said Plat and/or take necessary legal action to recover such costs and the Developer agrees that the County shall be entitled to attorney’s fees incurred by the County as a result of such legal action.

6. Miscellaneous. A. Developer agrees that all conditions listed in the Conditional Use Permit, and

maintenance and decommissioning items required under this Agreement are items for which Developer is responsible for completing and all work shall be done at Developer's expense.

B. If any portion, section, subsection, sentence, clause, paragraph or phrase of this

Contract is for any reason held invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Contract.

C. The action or inaction of the County shall not constitute a waiver or amendment to

the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the County Board. The County's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release.

D. This Agreement shall run with the land and shall be recorded against the title to the

property. E. The Developer represents to the County that Said Solar Energy Farm complies with

all county, state and federal laws and regulations, including but not limited to: zoning ordinances, the building code, and environmental regulations. If the County determines that Said Solar Energy Farm does not comply, the County may, at its option, refuse to allow construction or development work authorized under the Solar Energy Farm Condition Use Permit until the Developer so complies. Upon the County's demand, the Developer shall cease work until there is compliance.

F. The Conditional Use Permit issued on August 31, 2017 is interim in nature and shall

expire on August 31, 2047.

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I. In addition to the other terms and conditional contained herein, the County is

authorized to enter upon the property and inspect the Said Solar Energy Farm for compliance with the Conditional Use Permit or this agreement upon seven (7) days mailed notice.

J. The County is authorized to seek injunctive or any other relief deemed appropriate from the Wright County District Court to enforce the terms of this contract.

7. Violation of Agreement.

A. In the case of default by the Developer, its successors or assigns, of any of the conditions, covenants, and agreements herein contained, the County shall give Developer thirty (30) days mailed notice thereof (via certified mail), and if such default is not cured within said thirty (30) day period, the County is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the County in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. Upon failure to cure by Developer, the County may thence immediately and without notice or consent complete some or all of the Developer's obligations under this Agreement, and bring legal action against the Developer to collect any sums due to the County pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. The County may also specially assess all said costs incurred upon default against the properties in Said Solar Energy Farm pursuant to the terms of this agreement.

B. Notwithstanding the 30-day notice period provided for in paragraph 7(A) above, in

the event that a default by Developer will reasonably result in irreparable harm to the environment or to public property, or result in an imminent and serious public safety hazard, the County may immediately exercise all remedies available to it under this agreement in an effort to prevent, reduce or otherwise mitigate such irreparable harm or safety hazard, provided that the County makes good-faith, reasonable efforts to notify the Developer as soon as is practicable of the default, the projected irreparable harm or safety hazard, and the intended actions of the County to remedy said harm.

C. Paragraph 7A of this section shall not apply to any acts or rights of the County under

the preceding paragraph 2G, and no notice need be given to the Developer as a condition precedent to the County declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The County may elect to give notice to Developer of the County's intent to draw upon the surety without waiving the County's right to draw upon the surety at a future time without notice to the Developer.

D. Breach of any of the terms of this Contract by the Developer shall be grounds for

denial of building permits.

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11. Indemnity.

Developer shall hold the County and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Said Solar Energy Farm approval and development. The Developer shall indemnify the County and its officers and employees for all costs, damages or expenses that the County may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the County under this Agreement.

12. Assignment of Contract. The Developer can assign the obligations of the Developer under

this Agreement. However, the Developer shall not be released from its obligations under this contract without the express written consent of the County Board through County Board resolution.

13. Limited Approval. Approval of this Agreement by the County Board in no way

constitutes approval of anything other than that which is explicitly specified in this Agreement.

14. Professional Fees. The Developer will pay all reasonable professional fees incurred by the

County as a result of County efforts to enforce the terms of this Agreement. Said fees include attorney’s fees, engineer’s fees, planner’s fees, and any other professional fees incurred by the County in attempting to enforce the terms of this Agreement. The Developer will also pay all reasonable attorneys and professional fees incurred by the County in the event an action is brought upon a letter of credit or other surety furnished by the Developer as provided herein.

15. Integration Clause, Modification by Written Agreement Only. This Agreement

represents the full and complete understanding of the parties and neither party is relying on any prior agreement or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing and signed by a duly authorized agent of both parties.

16. Notification Information. Any notices to the parties herein shall be in writing, delivered

by hand (to the County Coordinator for the County) or certified mail addressed as follows to the following parties:

Wright County Coordinator Attn: Lee Kelly 10 – 2nd Street N.W., Rm C235 Buffalo, MN 55313 Developer, LLC 17. Agreement Effect.

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This Agreement shall be binding upon and extend to the representatives, heirs, successors and assigns of the parties hereto.

18. Representation on Authority of Parties/Signatories.

Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

IN WITNESS WHEREOF, the County and the Developer have caused this agreement to be duly executed on the day and year first above written.

DEVELOPER _____________________________ xxx

_____________________________

xxxx _________________________________ Xxxx LLC By:_______________________________

Its:_______________________________

COUNTY OF WRIGHT __________________________________ Darek Vetsch, County Board Chair __________________________________ Lee Kelly, County Coordinator

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STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20_____, by xxx.

________________________________ Notary Public

STATE OF _________________ ) ) ss. COUNTY OF ________________ ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20_____, by _________________________ of xxxx, LLC Its _________________________.

________________________________ Notary Public

STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20______, by Mark Daleiden, Chair of the County Board, and Lee Kelly, County Coordinator on behalf of Wright County, State of Minnesota and pursuant to the authority of the County Board.

________________________________ Notary Public

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THIS INSTRUMENT WAS DRAFTED BY: Greg T. Kryzer Assistant Wright County Attorney 10 – 2nd Street N.W., Room 400 Buffalo, MN 55313

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

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EXHIBIT B

CONDITIONAL USE PERMIT

Planning Commission Minutes Monday, September 9, 2019 5:00 p.m. Council Chambers

Member Al Jones called the Cokato Planning & Zoning Commission to order at 5:00 p.m. on Monday, September 9, 2019 in the Council Chambers. Members present were Wilson, Lhotka, Erickson, Nelson, and Jones. Also present was City Administrator Annita Smythe and members of the public. The Pledge of Allegiance was recited. Selection of Officers MOTION by Lhotka to select Member Jones as the new Chair, seconded by Nelson, all voted aye. Motion carried. MOTION by Wilson to select Member Nelson as Vice Chair, seconded by Erickson, all voted aye. Motion carried. Approval of Agenda MOTION by Wilson to approve agenda as presented, seconded by Nelson, all vote aye. Motion carried. Public Hearing for IPS Solar – Lot Combination/Rezone/Site Plan/Conditional Use Permit – 4825 Omer Ave NE Public hearing was opened at 5:05 p.m. Administrator Smythe gave a brief overview of the proposed solar energy project. Developer Evan Carlson from IPS Solar provided additional details of the project. The proposal is for a 1-megawatt solar garden to be placed on the Northeast corner of the leased property, along Omer Ave NE. The solar panels will be mounted on I-beams pounded into the ground. The site was chosen because of proximity to and availability on Xcel Energy’s electrical grid. Upgrades to the electrical grid will be made in the area to make it 3-phase power. Xcel has given conditional approval to the site. Construction would begin in the spring. The following residents were present and participated in the public hearing: Craig and Allison Otto, 4790 Omer Ave SW, Gene and Linda Handt, 14189 47th St SW, Kurt and Michelle Schroeder, 4726 Omer Ave SW. The following concerns were raised by residents at the hearing: would there be future expansion of the solar garden; how the project would impact existing drainage problems in the neighborhood; how the project would impact property values of nearby homes; would there be any screening/trees to block views of facility; who would maintain the facility and grounds after construction; concerns about traffic flows in the area; and concerns about road maintenance.

Members asked about decommissioning plans, vegetation at the site, whether or not the electrical upgrades would be aboveground, pros and cons of trees versus fencing for screening, and amounts available for road maintenance. Written comments were received from Cokato Development Corp., stating concerns that approval of this project would limit future industrial growth of the city by using industrial property for the project, concerns that this project is in conflict with the city’s strategic plans for industrial growth in this area, and concerns that the city has spent funds to run water and sewer utilities to this property, which won’t be used by this facility. Mr. Evans explained that his company could not expand the garden in this location, but another developer potentially could. He noted that the project proposal includes funds for road repairs following construction, and some commercial screening. He believes the 3-phase power would be run aboveground. He also noted that the project would include vegetation that could potentially aid with overland drainage issues. The project would be maintained by a future owner following construction. He stated that Chisago County conducted a study of market values of nearby homes following a project there, and did not find any significant impacts on property values. Additional concerns about traffic flows and a request for a stop sign on 47th St SW were raised, and it was suggested that residents reach out to Cokato Township for some of these issues. 47th St SW is a township road, and they also do the primary maintenance on Omer Ave, a shared road. MOTION by Wilson to close Public Hearing, seconded by Lhotka, all voted aye. Motion carried. Public Hearing closed at 5:47 p.m. Discussion & Recommendation – IPS Solar – 4825 Omer Ave NE Following the public hearing, Members determined that additional information would be needed in order to render a decision on the Site Plan, Rezoning, and Conditional Use Permit. Members requested the following information:

- Information on the environmental impact of the project to the homes in the surrounding neighborhood. Specifically, Members requested additional information about drainage patterns in the area and how the project would affect overland water flows.

- A detailed map of all utilities in the area that would support development of the property.

- Information about the developer’s road maintenance and road safety plans during construction, along with information about any agreements the city has with Cokato Township related to maintenance of the shared road that serves the property.

- Information about the Decommissioning Bond held by the developer.

MOTION by Wilson to recommend approval of Lot Combination, seconded by Nelson, all voted aye. Motion carried.

MOTION by Wilson to table Site Plan, Rezoning, and Conditional Use Permit until meeting on October 7, 2019, seconded by Lhotka, all voted aye. Motion carried. Continued Discussion – Group Homes in R1 Zoning District MOTION by Lhotka to table until October meeting, seconded by Erickson, all voted aye. Motion carried. Quiet Zone Information MOTION by Lhotka to table until October meeting, seconded by Erickson, all voted aye. Motion carried. Other Business None. Approval of Minutes from August 5, 2019 Meeting MOTION by Wilson to approve the minutes as presented, seconded by Lhotka, all voted aye. Motion carried. Next Meeting Date Next meeting will be October 7, 2019 at 6:00 p.m. Adjournment MOTION to adjourn was made by Erickson, seconded by Wilson, all voted aye. Motion carried. Meeting adjourned at 5:52 p.m. Attest: ___________________________________________ Annita M. Smythe, City Administrator