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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, October 7, 2024 7:30 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
V. APPROVAL OF MINUTES
Approve Minutes of the City Council regular meeting on September 16, 2024 and special
meeting on Sept 23, 2024.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent Agenda.
VII. COUNCIL ITEMS TO BE CONSIDERED
VIII. CONSENT AGENDA
The items on the Consent Agenda are items of routine nature or no perceived controversy to
be acted upon by the City Council in a single motion. There will be no discussion on these
items unless a Councilmember so requests, in which event the items will be removed from the
Consent Agenda to the appropriate Department for discussion.
1. Pay Bills as Audited
2. Resolution: Accept Donation from Janet Swanson to the Parks and Recreation Department
3. Resolution: Accept Donation from Linda Carlson to the Parks and Recreation Department
4. Resolution: Accept Donation from Nels Estlund to the Police Department
5. Resolution: Approve Temporary One-Day Gambling Permit for St. Elizabeth Ann Seton
Church
6. Resolution: Appoint Election Judges for the 2024 General Election
7. Approve Special Event Designation – Downtown Business Association Candy Crawl
8. 2nd Reading\Adopt Ordinance: Amend City Code Chapter 50.05 – On-Site Sewer
Requirements
9. Authorize Signature: Memorandum of Understanding – United Heroes League Sewer
Service (15211 Ravenna Trail)
10. 2nd Reading: Amend City Code Chapter 34.03: Civic Arena Fees
11. Authorize Signature: First Amendment to James Metzen Mighty Ducks Grant Program
Agreement
12. Assessment Appeal Waivers: 214 2nd St. E
a. Authorize Signature – City WAC Assessment Appeal Waiver Agreement
b. Authorize Signature – MCES Assessment Appeal Waiver Agreement
13. 2024 Budget Amendment: Lead Paint Containment
14. 2025 Budget Preauthorization: LUCAS Chest Compression Devices
Sign up to receive automatic notification of Council agendas
At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350
City Council packets can be viewed in searchable format on the City’s website at
https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy
15. Resolution: Approve Detour Agreement No. 1057488 for Highway 316 Mill & Overlay
16. Authorize Signature: Minnesota Distributed Energy Resource Interconnection Agreement
17. Authorize Signature: Permanent Trail Easement (Three Rivers Trail)
18. Declare Surplus Property and Authorize for Sale, Donation, or Disposal – Police
Department
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern, ask
questions, provide additional information, or support on a particular matter. Once the public
hearing is closed, no further testimony is typically allowed and the Council will deliberate
amongst itself and with staff and/or applicant on potential action by the Council.
1. Authorize Signature: Award Contract for Lake Rebecca Park Habitat Improvements
Project
X. REPORTS FROM CITY STAFF
These items are intended primarily for Council discussion and action. It is up to the discretion
of the Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
1. Resolution: Implement Parking Restrictions on Ashland Street
B. Parks and Recreation
1. 2024 Levee Park Recap
C. Community Development
D. Public Safety
E. Administration
1. PFAS Update
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday, October 21, 2024 7:00 p.m.
City Council packets can be viewed in searchable format on the City’s website at
http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes
Hastings, Minnesota
City Council Meeting Minutes
September 16, 2024
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, September 16,
2024 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Fox, Lawrence, Pemble, and Vihrachoff
Members Absent: Councilmembers Haus, Leifeld
Staff Present: City Administrator Dan Wietecha
City Attorney Kori Land
Parks and Recreation Director Chris Jenkins
City Planner Justin Fortney
Deputy City Clerk Emily King
Public Works Director Ryan Stempski
Proclamation: Down Syndrome Awareness Month
Presentation: BR4R and 4RM+ULA
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council
workshop and regular meeting on September 3, 2024.
Minutes were approved as presented.
Comments from the Audience
Theresa Auge`, 1926 14th Street W., raised concerns regarding the forthcoming ATV ordinance
amendments. Auge` requested that Council gather public input and considers sending the topic to the Public
Safety Advisory Commission for review.
Councilmember Pemble motioned to approve sending the topic to the Public Safety Advisory
Commission for review, seconded by Councilmember Lawrence.
4 Ayes, 1 Nay (Fox).
Consent Agenda
Councilmember Fox motioned to approve the Consent Agenda, seconded by Councilmember
Lawrence.
5 Ayes, 0 Nays.
1. Pay Bills as Audited
2. Resolution No. 09-05-24: Accept Donation from the Minnesota Jaycees to the Hastings Fire
Department
3. Resolution No. 09-06-24: Accept Donation from Delta Industrial Service and Supply Fire and
Safety to the Hastings Fire Department
4. 1st Reading: Amend City Code Chapter 50.05 – On-Site Sewer Requirements
5. Approve Pay Estimate No. 3 for the 2024 Neighborhood Infrastructure Improvements – A1
Excavating LLC ($668,006.51)
City Council packets can be viewed in searchable format on the City’s website at
http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes
6. Schedule a Special City Council Meeting to Canvass 2024 General Election Results
7. Authorize Signature: Agreement for Legal Services between the City of Hastings and Campbell
Knutson, PA
8. Authorize Signature: Joint Powers Agreement between the City of Hastings and Dakota County
for Cost Sharing of Mississippi Riverbank Erosion Repair Project
9. Arts Commission – Budgeted Expenses
10. Declare Surplus Property and Authorize for Sale, Donation, or Disposal – Fire Department
11. Civil Penalties: Northern Tier Retail LLC dba Speedway #4486
a. Resolution No. 09-07-24: Imposing Sanctions Upon Retail Intoxicating Liquor License
Holder Speedway Gas Station
b. Resolution No. 09-08-24: Imposing Sanctions Upon Tobacco License Holder Speedway Gas
Station
Award Contract: Three Rivers Trail Reconstruction
Jenkins provided a summary of the request to award contract for the Three Rivers Trail Reconstruction
Project and authorize the Parks and Recreation Director to execute change orders in an amount not to exceed,
in total, 10% of the construction contract. The Three Rivers Trail has exceeded its useful life and needs to be
reconstructed. This trail is the link between the Tuttle Neighborhood to the South and East 31st Street to the
North, and the Three Rivers Mobile Home Community in between. Jenkins briefly reviewed the eight (8) bids
received, sharing staff recommendation to award the contract to New Look Contracting, Inc. with a Base Bid
of $249,532.50 and is within the 2024 budget allocations.
No Council discussion.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Vihrachoff.
5 Ayes, 0 Nays.
Resolution No. 09-09-24: Special Use Permit – Cannabis – Smokeys Tobacco – Alobaidi (300 Vermillion
St)
Fortney provided a summary of the request for a Special Use Permit to allow Cannabis Retail Sales at
Smokeys Tobacco at 300 Vermillion Street. The Zoning Code outlines performance standards and prohibited
acts pertaining to Cannabis. Fortney provided a brief summary of the Planning Commission review and shared
Special Use Permit approvals require six of seven Councilmembers.
No Council discussion.
Councilmember Pemble motioned to approve as presented, seconded by Councilmember Fox.
5 Ayes, 0 Nays.
Resolution No. 09-10-24: Cannabis Product Retail License – Smokeys Tobacco – Alobaidi (300
Vermillion St)
King reviewed the application for a new Cannabis Retail Sales License for Smokeys Tobacco, 300
Vermillion Street. The license would allow for the sale of cannabis products containing 0.3% or less of THC.
Smokeys Tobacco has met all the requirements to be issued the license, including an approved security plan.
City Council packets can be viewed in searchable format on the City’s website at
http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes
No Council discussion.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Pemble.
5 Ayes, 0 Nays.
1st Reading: Amend City Code Chapter 34.03: Civic Arena Fees
Jenkins presented an overview of the request to conduct the 1st reading on updating the Civic Arena
Fee Schedule for the 2024 – 2025 season. Jenkins indicated ice rental fees at the Hastings Civic Arena have
been historically the lowest in our region. As fees have been slowly increasing over the past couple of years,
we remain the lowest cost facility for prime ice rentals. This increase is necessary and prudent as the cost of
operating the facility continues to rise. Jenkins reviewed the costly Civic Arena project, indicating these
increased fees will help to offset a portion of the payment for the project cost.
Council discussion on the availability for groups to rent the ice rink. Jenkins shared the variety of
current uses by different groups, indicating after working hours are generally reserved. Council posed
questions regarding the proposed rate compared to other nearby municipalities and future potential increases.
Jenkins indicated other municipalities rates range from $225 to $260 per hour, sharing some municipalities
are looking are proposing even higher rates for upcoming years. Jenkins estimated the future prime and non-
prime ice rental fees and indicated frequent renters have been made aware of the fee increase.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Pemble.
5 Ayes, 0 Nays.
2025 Budget Preauthorization
Wietecha presented a brief overview of the request to pre-approve several items for the 2025 Budget.
Wietecha indicated there are supply chain delays that will impact a number of the items included in the
proposed budget and vehicle orders with state-bid pricing often have early and short windows for ordering.
Wietecha shared we presently have funds that could cover the total cost so the pre-approval can be
independent of the property tax levy. Wietecha indicated two of the items would incur costs this year: the
Police Department HVAC Automation and the Zamboni Room Roof at the Civic Arena.
Council asked clarifying questions on funding for the items and expressed appreciation to staff for
their efforts in this process.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Vihrachoff.
5 Ayes, 0 Nays.
Closed Meeting Pursuant to Minn. Stat. 13D.05 subd. 3(c) to Develop Offers for Purchase of Real
Property
Councilmember Pemble motioned to move to the closed meeting, seconded by Councilmember
Lawrence.
5 Ayes, 0 Nays.
Announcements
City Council packets can be viewed in searchable format on the City’s website at
http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes
• Summer Rec Programs at Levee Park…
o Tuesday, Sept 17, Comedy in the Park with “Stand-up Comedian Tim Harmston.” Sponsored by
SMEAD Manufacturing Company.
o Wednesday, Sept 18, Storytime in the Park with the theme “Underwater.” In partnership with
Pleasant Hill Library.
• Dakota County residents can get help repairing household items, clothes, electronics, and more at a Fix-It
Clinic on Saturday, September 21. Pre-registration is required.
• The Chamber of Commerce and HCTV are hosting a Candidates Forum on Tuesday, September 24.
• Join us at “Paws in the Park” for an evening of fun and socializing with fellow dog lovers and their furry
companions on Thursday, October 3.
• In recognition of National Fire Prevention Week, the Fire & EMS Department Open House is Tuesday,
October 8. Meet the department, learn about fire safety, and see the trucks & equipment. All ages are
welcome.
• Happy birthday, today, to Councilmember Haus!
Meetings
• Heritage Preservation Commission Meeting on Tuesday, September 17, 2024 at 7:00 p.m.
• Joint Parks & Recreation Commission and Parks & Recreation Committee of Council Meeting on
Wednesday, September 18, 2024 at 6:00 p.m.
• Public Safety Advisory Commission Meeting on Thursday, September 19, 2024 at 6:30 p.m.
• Utilities Committee Meeting on Monday, September 23, 2024 at 6:00 p.m.
• Planning Commission Meeting on Monday, September 23, 2024 at 7:00 p.m.
• City Council Workshop on Monday, October 7, 2024 at 5:30 p.m.
• City Council Regular Meeting on Monday, October 7, 2024 at 7:00 p.m.
Councilmember Fox motioned to adjourn the meeting at 8:40 PM, seconded by Councilmember
Lawrence. Ayes 5; Nays 0.
_____________________________ ______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
Utilities Committee Recap
With Quorum of City Council Present
Monday, September 23, 2024 at 6:00 pm
The City Council of the City of Hastings, Minnesota met in a meeting of the Utilities Committee, with a
quorum of the City Council present, on Monday, July 22, 2024 at 6:00 p.m. in the Community Room at
the Hydroelectric Plant, , Hastings, Minnesota
Present: Mayor Mary Fasbender; Councilmembers Tim Lawrence, Lisa Leifeld, and DawnMarie
Vihrachoff; and City Administrator Dan Wietecha, Public Works Director Ryan Stempski, and Public
Works Superintendent Joe Spagnoletti.
Absent: Councilmembers Jen Fox, Angie Haus, and Dave Pemble.
Spagnoletti led a tour of the City’s hydroelectric plant. He explained that the property is owned by the US
Army Corps of Engineers with the City leasing space for the hydro plant. The plant was originally built in
1987 and had significant rehabilitation in 2001.
Life-cycle maintenance costs for the plant are expensive. The plant’s design has extremely tight
tolerances making for high maintenance needs, often with specialized, technical contractors. The layout is
not conducive for maintenance, often requiring barge transport for access.
The City has little control over the amount of power production or the ability to maximize it, due to
production depending on the differences in the water levels above and below the dam. The City also has
FERC license and insurance requirements which contribute to high costs of ownership.
In many individual years, and certainly over time, the plant operates at a financial loss for the City. Over
the past year, staff have been in a series of discussions with the Corps of Engineers about potentially
transferring ownership to USACE. They would not be subject to the same FERC license and insurance
costs as the City, meaning it would be less expensive for them to own and operate. Staff are also reaching
out to other parties that may have an interest in the facility.
No action was requested or taken.
Meeting adjourned at 7:20 pm.
_________________________________ _________________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 10/03/2024
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of Aug 2024 CC payments.
Council review of Aug 2024 automatic payments.
Council review of weekly routine disbursements issued 09/24/2024 and 10/01/2024.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued
10/08/2024.
Background Information:
Disbursements for routine items are made weekly. Disbursements for capital purchases and employee
reimbursements are made twice a month, subsequent to Council approval.
Financial Impact:
Aug 2024 CC Payments $ 22,668.81
Aug 2024 Auto Payments $ 282,215.08
Disbursement checks, ACH issued on 09/24/2024 $ 356,914.10
Disbursement checks, ACH issued on 010/01/2024 $ 236,577.72
Disbursement checks, ACH to be issued on 10/08/2024 $ 231,626.15
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Council Reports
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Vendor Description Amount Account
Department Of Labor An July Bldg Permit Surcharge 1572.13 101-0000-2015.0000
Checkr, Inc Checkr.Com July 2024 130.50 101-1052-6307.0000
Shred Right monthly shredding service 18.85 101-1052-6310.0000Wal-Mart #1472 Lactation/Wellness room supplies (Lamp shade, privacy curtain rod) 46.90 101-1052-6319.0000
Amzn Mktp US Rv3us4yz2 totes for election day 46.39 101-1072-6217.0000
Facebk 8ep99947p2 National parks and recreation month party in the park 98.42 101-1073-6331.0000
Facebk Px45k8l7p2 National Parks and Rec Month Party in the Park Facebook ad 24.86 101-1073-6331.0000
Facebk Ewc2e8c7p2 City Update, Rivertown Days, Levee Park program ads on Facebook and Insta 198.61 101-1073-6331.0000Pioneer Press Circ Annual newspaper subscription. 65.30 101-1073-6433.0000
Fsp Mn Govt Finance Of MNGFOA annual conference registration. 250.00 101-1201-6323.0000
Carhartt work jacket 97.56 101-1401-6217.0000
Amazon.Com R43e75x60 electrical breaker lockouts, Tank monitor LP 20.25 101-1401-6217.0000
Amazon Mktpl Rm3lj25s0 white board magnets, clips and desk movers 70.97 101-1401-6217.0000Amazon Mktpl Rf8cw9lk0 Test leads for testing 600 Volts or less 20.89 101-1401-6217.0000
Amzn Mktp US Rv7i516r1 Table to hold chemical cabinet in strorage 134.95 101-1401-6217.0000
Sq Minnesota Chief En MNCEG yearly membership dues 50.00 101-1401-6323.0000
Amazon Mktpl Rv26e9vc0 Hand blower battery extra's 75.98 101-1402-6353.0000
Amazon.Com R43e75x60 electrical breaker lockouts, Tank monitor LP 74.00 101-1403-6353.0000Amazon.Com R43e75x60 electrical breaker lockouts, Tank monitor LP 75.99 101-1404-6353.0000
Amazon Mktpl Rv26e9vc0 Hand blower battery extra's 75.98 101-1404-6353.0000
1000bulbs.Com replacement bulbs 197.82 101-1406-6353.0000
Amazon Mktpl R49gz6xf1 10 iphone cases, screen protectors, 3x usb webcams for spare 248.61 101-1601-6217.0000
Amazon Mktpl Ru0wj7m10 5x iphone cases and screen protectors for PD 88.39 101-1601-6217.0000Amazon Reta Rm2708m71 Wyze cam and SD card for use in boiler room 42.97 101-1601-6217.0000
Ebay O 15-11909-17717 Desk phone headset for kniederkorn. 26.32 101-1601-6217.0000
Amazon Mktpl Rf26o99i0 2x surge protector and 3x hdmi cables for spare 43.77 101-1601-6217.0000
Ebay O 19-11881-10921 This is the refund of a non functioning deskphone headset. -31.99 101-1601-6217.0000
Ebay O 18-11882-15229 Deskphone headset for building/spare 45.00 101-1601-6217.0000Ebay O 19-11881-10921 Deskphone headset - this was refunded 31.99 101-1601-6217.0000
Comcast Cable Comm Cable 84.90 101-1601-6308.0000
Eig Constantcontact.Co August subscription for e-mail marketing tool 72.20 101-1601-6310.0000
Vmo Vimeo.Com Refund for unwanted Venmo subscription -84.00 101-1601-6310.0000
Att Bill Payment Wilske Cell Phone 49.76 101-1601-6321.0000Peerless Network Inc Peerless 338.94 101-1601-6321.0000
Centurylink Lumen Century Link - 911 service 87.07 101-1601-6321.0000
Bca Training Education BCA CJIS Conference 300.00 101-1601-6323.0000
Walmart.Com FD replace failed TV, Townsend's office 148.00 101-1601-6353.0000
Amazon Mktpl Rf2ae0340 UPS for failed at PW garage, lightning cables 79.94 101-1601-6353.0000Ebay O 13-11878-47223 2x replacement mitel desk phone handsets for spare 15.95 101-1601-6353.0000
Ebay O 13-11878-47222 Replace broken mitel phone for FD 34.04 101-1601-6353.0000
Deepnet Security MFA Hardware Tokens 199.00 101-1601-6571.0000
Innovative Office Solu Office supplies 23.53 101-2010-6201.0000
Innovative Office Solu Office Supplies 106.35 101-2010-6201.0000Innovative Office Solu Office Supplies 2 of 2 9.78 101-2010-6201.0000
Innovative Office Solu Office Supplies 1 of 2 114.94 101-2010-6201.0000
Galls Gas masks for the officers not having one 1592.89 101-2010-6217.0000
Cvs/Pharmacy #10252 Sharpies for labeling rifle plates 6.80 101-2010-6217.0000
Amazon Mktpl Rv2uq4wi0 Hotdog boats for National Night Out 67.59 101-2010-6217.0000Wm Supercenter #1472 This was a purchase made by an officer for shower supplies. Rod, Rings, Curtain. 23.15 101-2010-6217.0000
Amazon Mktpl Rv6p500u0 window tint meter 194.58 101-2010-6217.0000
The J. P. Cooke, Compa Lifetime Dog Licenses 206.95 101-2010-6217.0000
Guardian Supply Nelson, Chris uniform allowance: Pants, shirts and uniform items 779.88 101-2010-6218.0000
In Marie Ridgeway Lic Mandatory Check in - Gipson/Therapy Session for officer 290.00 101-2010-6311.0000Usps Po 2642300046 Return evidence to owner case 24000540 and stamps for the PD 151.10 101-2010-6322.0000
Stormtraininggroup.Com Latsch DT Instructor School 1099.00 101-2010-6323.0000
Hometown Ace Hardware Attachments for interior squad lights 12.18 101-2010-6354.0000
Uline Ship Supplies Evidence room firearm cabinet- This will be reimb. thru state grant 1240.67 101-2010-6581.0000
Spiral Natural Foods food for snack station from Scsc wellness grant 168.70 101-2020-6450.0000Amazon Mktpl Rm9g71zt2 Kitchen Supplies for PD - SPSC money 265.23 101-2020-6450.0000
Atlas Pet Stillwater dog food 109.99 101-2219-6231.0000
Packtrack Automatic Renewal for K9 Management System 140.00 101-2219-6231.0000
Rascals Bar & Grill Dakota County Building Officials Lunch 60.08 101-2301-6323.0000
Minnesota Safety Counc Jackson - Confined Space Training 225.00 101-3200-6323.0000Minnesota State Colleg Lubinski - DOT Inspector Training 110.00 101-3200-6323.0000
Fleet Farm 6500 Connector Links 4.99 101-3200-6353.0000
Amazon Mktpl Ru76k2iw1 Air Filter 61.99 101-3200-6353.0000
Fleetpride553 Wrench 31.40 101-3200-6353.0000
Amzn Mktp US Rf54y5u32 Voltmeter 139.78 101-3200-6353.0000Bex Spray Nozzles Tack Truck Nozzle 104.86 101-3200-6580.0000
Tennis Sanitation garbage/recycle 124.33 101-4501-6311.0000
Applebees 2190029 Pickleball League Prizes 25.00 200-4420-6214.0000
Hasting Golf Club Moto Pickleball League Prizes 25.00 200-4420-6214.0000
Las Margaritas Pickleball League Prizes 25.99 200-4420-6214.0000Tst The Quarry Taphous Pickleball League Prizes 25.00 200-4420-6214.0000
El Mexican Pickleball League Prizes 25.79 200-4420-6214.0000
2nd Street Depot Bar A Pickleball League Prizes 26.00 200-4420-6214.0000
Tst Froth & Cork2 Pickleball League Prizes 25.00 200-4420-6214.0000
Tst The Quarry Taphous Pickleball League Prizes 25.00 200-4420-6214.0000Las Margaritas Pickleball League Prizes 25.99 200-4420-6214.0000
Bimi Pickleball League Prizes 25.00 200-4420-6214.0000
Hastings Bierstube Pickleball League Prizes 25.00 200-4420-6214.0000
Credit Card Payments
August 2024
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Rooster Pickleball League Prizes 25.00 200-4420-6214.0000
Amzn Mktp US Rf8ba6622 Pickleballs 193.99 200-4420-6214.0000Dugarels Pickleball League Prizes 25.00 200-4420-6214.0000
American Legion Post 4 Pickleball League Prizes 25.00 200-4420-6214.0000
Me & Julio - Hastings Pickleball League Prizes 25.00 200-4420-6214.0000
Tst Busted Nut Bar An Pickleball League Prizes 25.00 200-4420-6214.0000
Crown Awards Inc Pickleball Awards 52.59 200-4420-6214.0000Hometown Ace Hardware program supplies 74.88 200-4440-6214.0000
Cub Foods #1635 storytime snack 17.97 200-4440-6214.0000
Fleet Farm 6500 Concrete boots 99.98 200-4440-6228.0000
Aedteam.Com AED for Roadside Courts 2733.00 200-4440-6319.0000
Rl Johnson Jewelers Battery for tennis court clock 10.81 200-4440-6356.0000Propet Distributors Dog bags 1863.00 200-4440-6356.0000
Spotify music for events 12.96 200-4440-6433.0000
Liberty Tire Services tire recycle 155.15 200-4440-6450.1000
In Total Entertainmen DJ for halloween event 650.00 200-4440-6494.0000
American Red Cross more lifeguard manuals 187.94 201-4101-6217.0000American Red Cross lifeguard training manuals 187.94 201-4101-6217.0000
Cub Foods #1635 cakes for birthdays 49.98 201-4240-6254.0000
Cub Foods 01635 donuts for staff 34.99 201-4240-6254.0000
Cub Foods #1635 hot dogs, etc for birthday parties 18.65 201-4240-6254.0000
Cub Foods 01635 cake 24.99 201-4240-6254.0000Cub Foods #1635 hot dogs, buns etc 10.27 201-4240-6254.0000
Menards Cottage Grove Softener Salt 12 bags 71.64 202-4320-6216.0000
Ramsbacher Quality Flo Cove base 170.98 202-4320-6217.0000
Grainger Light bulbs 175.68 202-4320-6217.0000
Amazon Mktpl Rm6k07rx0 Workbench Casters 48.07 202-4320-6217.0000Wm Supercenter #1472 office supplies 65.18 213-2100-6201.0000
M&h #30 Fuel for Polaris UTV 11.35 213-2100-6212.0000
Wm Supercenter #1472 station supplies 81.63 213-2100-6217.0000
Cmc Rescue Rope and equipment bag 196.00 213-2100-6217.0000
Nfpa Natl Fire Protect fire prevention materials 629.17 213-2100-6217.0000Amazon Mktpl Rf5tc9n61 station supplies 248.11 213-2100-6217.0000
Wal-Mart #1472 staion supplies 148.08 213-2100-6217.0000
Wm Supercenter #1472 Decon drill supplies 45.54 213-2100-6217.0000
Amazon Mktpl Ru2na6xp0 Light bars 263.01 213-2100-6221.0000
Paypal Firemarshal Payment for Confernce 175.00 213-2100-6323.0000Paypal Firemarshal Payment for conference 175.00 213-2100-6323.0000
Napa Store 3279077 Battery for staff vehicle #2 45.38 213-2100-6354.0000
Fleet Farm 6500 Makers Market Supplies 9.18 407-1502-6201.0000
Wm Supercenter #1472 Envelopes for Mailing for 2024 Reconstruction Project 53.98 484-0000-6590.0000-003
Amazon Mark Rk3m55zv2 Photo Sleeve Storage Bags 24.98 600-3300-6217.0000Psn Minnesota Rwa Mn EXPO - McNamara 150.00 600-3300-6323.0000
Psn Minnesota Rwa Mn EXPO - Thompson 150.00 600-3300-6323.0000
Amzn Mktp US R441f3s10 Battery Backup 85.90 600-3300-6357.0000
Epasales Manhole Lift Bridge 229.14 601-3400-6357.0000
TOTAL TOTAL 22668.81
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Jessica Urbach, Parks and Recreation Office Assistant
Date: October 7, 2024
Item: Accept Donation to the Parks and Recreation Department
Council Action Requested: Council is asked to accept a donation in the amount of $1,400.00,
made to the Parks and Recreation Department and has designated that this donation be used for a
Memorial Bench and a Tree in a City Park or on a City Trail.
Background Information: Janet Swanson has made this donation to be used for a Memorial
Bench in a City Park or on a City Trail.
Financial Impact:
Increase the Parks and Recreation donation account by $1,400.00
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-02
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A
DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, Janet Swanson has presented to the City Parks & Recreation Department a
donation of $1,400.00 and has designated that this donation be used for a Memorial Bench and a
Tree in a City Park or on a City Trail; and
WHEREAS, the City Council is appreciative of the donation and commends Ms. Swanson
for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for a memorial bench and tree to be placed in a
City Park or on a City Trail; and
Adopted this 7th day of October, 2024.
______________________________
Mary D. Fasbender, Mayor
ATTEST:
____________________________
Kelly Murtaugh, City Clerk
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Jessica Urbach, Parks and Recreation Office Assistant
Date: October 7, 2024
Item: Accept Donation to the Parks and Recreation Department
Council Action Requested: Council is asked to accept a donation in the amount of $1,000.00,
made to the Parks and Recreation Department and has designated that this donation be used for a
Memorial Bench in a City Park or on a City Trail.
Background Information: Linda Carlson has made this donation to be used for a Memorial
Bench in a City Park or on a City Trail.
Financial Impact:
Increase the Parks and Recreation donation account by $1,000.00
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A
DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, Linda Carlson has presented to the City Parks & Recreation Department a
donation of $1,000.00 and has designated that this donation be used for a Memorial Bench in a
City Park or on a City Trail; and
WHEREAS, the City Council is appreciative of the donation and commends Ms. Carlson
for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for a memorial bench to be placed in a City Park
or on a City Trail; and
Adopted this 7th day of October, 2024.
______________________________
Mary D. Fasbender, Mayor
ATTEST:
____________________________
Kelly Murtaugh, City Clerk
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: October 7th, 2024
Item: Donation to Hastings Police Department
Council Action Requested:
Accept donation of ‘Policeman’s Ball’ flyer from 1973.
Background Information:
Mr. Estlund is in possession of a flyer from the 1973 that he would like to donate to the Hastings Police
Department. The flyer is on cardboard stock and is advertising the Policeman’s Ball at the Columbian Hall
to take place on Oct. 13th, 1973. The flyer is in excellent shape and will be framed and showcased at the
Hastings Police Department.
Financial Impact:
Neutral
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
• Thank You
VIII-04
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION XX-XX-24
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DEPARTMENT
WHEREAS, Nels Estlund, have donated to the Hastings Police Department
poster of the Policeman’s Ball from 1973; and
WHEREAS, this donation will be displayed at Hastings PD; and
WHEREAS, the City Council is appreciative of the donation and commends
Mr. Estlund for his civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for the Hastings Police Department as
designated; and
3. That the poster will be displayed at the Hastings Police Department.
Adopted this 7th day of October, 2024,
_______________________________
Mary Fasbender, Mayor
Attest:
_____________________
Kelly Murtaugh, City Clerk
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Emily King, Deputy City Clerk
Date: October 7, 2024
Item: One-Day Temporary Gambling Permit for St. Elizabeth Ann Seton
Council Action Requested:
Approve the attached resolution approving the one-day temporary gambling permit for St.
Elizabeth Ann Seton.
Background Information:
St. Elizabeth Ann Seton submitted an application for a one-day temporary gambling permit for
January 7, 2025 for a raffle to be held at the St. Elizabeth Ann Seton Catholic Church, 2035 15th
Street West.
Financial Impact:
The $25.00 One-Day Temporary Gambling License fee will be paid prior to issuance.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-05
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ______________
RESOLUTION APPROVING THE APPLICATION BY
ST. ELIZABETH ANN SETON FOR A
TEMPORARY ONE-DAY GAMBLING PERMIT
WHEREAS, St. Elizabeth Ann Seton has presented an application to the City of Hastings
for a one-day temporary gambling permit on January 7, 2025 to be held at the St. Elizabeth Ann
Seton Catholic Church, 2035 15th Street West, Hastings; and;
WHEREAS, the Minnesota Gambling Control Board requires a resolution be passed to
approve this request; and
WHEREAS, an application for a one day temporary gambling permit has been presented;
WHEREAS, the required fee of $25.00 will be paid prior to issuance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings,
that the Mayor and City Clerk are authorized and directed to sign this resolution.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 7TH
DAY OF OCTOBER, 2024.
ATTEST:
____________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
VIII-05
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: October 7, 2024
Item: Appointment of Election Judges for the 2024 General Election
Council Action Requested:
Approve the attached resolution appointing additional persons listed on Exhibit A as Election
Judges for the 2024 General Election.
Background Information:
Minnesota State Statute 204B.21 requires that the City Council approves the appointment of
Election Judges for precincts in a municipality.
All election judges meet the qualifications listed in Minnesota State Statute 204B.19.
Financial Impact:
The 2024 Election Budget includes payment of hours served by the Election Judges, $13.00 per
hour for election judges and $14.50 per hour for co-head election judges.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
• Exhibit A
VIII-06
CITY OF HASTINGS
COUNTIES OF DAKOTA & WASHINGTON
RESOLUTION ____________
A RESOLUTION OF ADOPTION OF ELECTION JUDGES
FOR THE 2024 GENERAL ELECTION
WHEREAS, the City Council of the City of Hastings is required by Minnesota State
Statute 204B.21, Section 2, to approve the appointment of election judges; and
WHEREAS, the Minnesota Residents listed in Exhibit A have applied to serve as
election judges and meet the requirements established in Minnesota State Statute 204B.19.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Hastings, Minnesota hereby appoints the persons listed in Exhibit A to serve as election judges
for the General Election on November 5, 2024.
BE IT FURTHER RESOLVED that the Deputy City Clerk is authorized to assign
election judges to the precincts, in accordance with statutory requirements, and to make
substitutions or additions as deemed necessary to fill vacancies.
ADOPTED BY THE HASTINGS CITY COUNCIL THIS 7th DAY OF OCTOBER 2024.
ATTEST:
______________________________
Mary D. Fasbender, Mayor
_____________________________
Kelly Murtaugh, City Clerk
VIII-06
Exhibit A
Curtis A.
Anthony A.
Lu Anne A.
Anne A.
John A.
Steven A.
Theresa A.
Brenda B.
Jackie B.
Grace B.
Jerry B.
Jason B.
Doreen B.
Gloria B.
James B.
Melissa B.
Laurie B.
Ethan B.
Sandra C.
Kelly C.
Tom C.
Amy C.
Elizabeth C.
Tom C.
Debbie C.
Edwin D.
Jeanne D.
Nicole D.
Jo F.
Terry F.
Dale F.
Marcia F.
Marcie F.
Colleen F.
Sue G.
Cress G.
Rebecca G.
Alanna G.
Susan G.
Matthew G.
Karin G.
Peggy G.
Twila H.
Rita H.
Jan H.
Christopher H.
Connie H.
Spencer J.
Charles J.
Barbara J.
Lois K.
Caitlin K.
Sara K.
Pamela K.
Shannon K.
Debra K.
Rhonda K.
Ralph K.
Donna K.
Nicole L.
Renee L.
Katy L.
Afton L.
Joan L.
Wesley L.
Tara M.
Mary M.
Debra M.
Rebecca M.
Barbara M.
Kari M.
Maggie M.
Jeanette M.
Bonnie M.
Holly M.
Deb M.
Anita M.
David M.
Richard M.
David Mu.
Joyce M.
Kristine M.
Susan N.
Mary N.
Jane N.
Kim N.
Pamela O.
Richard P.
Krista P.
Thomas P.
Chelsea P.
Jerrie P.
Clarice P.
Walter P.
Kim R.
Denice R.
Dennis R.
Lisa R.
Mary R.
Mary S.
Dorothy S.
Lynn S.
Peggy S.
Janet S.
Jane S.
Theresa S.
Lisa S.
Sarah S.
Cherise S.
Rick S.
Laurie S.
David S.
Mike S.
Gary S.
Jennie T.
Allen T.
Teddie T.
Connie T.
Megan V.
Gwen V.
Molly V.
Debra W.
Cynthia W.
Kelsey W.
Allen W.
Carla W.
Peggy W.
Nathan W.
Elizabeth W.
Mary W.
Lois W.
Erica W.
Anne L.
Nicole L.
Betty H.
Crystal A.
Catherine Z.
VIII-06
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Paige Marschall Bigler, Recreation Program Specialist
Date: October 7, 2024
Item: Special Event Request –DBA Community Halloween
Council Action Requested: Consider the request from Hastings Downtown Business
Association for a Special Event Designation on Sunday, October 27, 2024, for the DBA
Candy Crawl.
Background Information:
The Downtown Business Association is requesting closure of three blocks on 2nd street,
between Vermillion St. to Tyler St. on Sunday, October 27, 2024, for their 6th Annual Candy
Crawl – Halloween Event. The event will start at 2:00 p.m. and end at 5:00 p.m. Event
Organizers anticipate attendance of 500+ people. Family-friendly entertainment and
activities will be coordinated on each block, including a DJ, candy give-a-ways, storefront
window displays, and a food collection for Hastings Family Service. The map of the event
is included for City Council review. City Staff have reviewed the request and are supportive
of the following conditions:
• The areas identified on the attached map shall be for the use of Downtown
Hastings DBA Halloween event between the designated hours of 2:00 p.m. – 5:00
p.m. on Sunday, October 27, 2024.
• City Staff and Event organizers will set up a meeting to walk-through prior to the
event. Organizers will provide the main contact information for our staff and
reservists to have to troubleshoot during the event.
• Event Organizers will provide adequate street closure equipment, provided by the
Downtown Business Association.
• The event organizers are required to post ‘No Parking’ signs 24 hours in advance,
with the expectation that downtown parking on the three requested blocks is
cleared by Noon the day of the event. Hastings Police Department may have to
assist if there are cars left after Noon within the event parameters.
• The City will strive to provide Police Reservists.
• Event organizers must ensure safety measures for any open fires they may have
at the event.
• Parks Staff will ensure Oliver’s Grove Park electrical outlets are on and working for
DBA to plug in decorations.
• Public Works staff will ensure street lights are on throughout 2nd Street so small
inflatables and decorations can be plugged into the outlets on light poles by event
organizers.
VIII-07
• All vendors must obtain City of Hastings vendor license prior to event, the cost of
licensure is the responsibility of the vendor or event organizer, and licenses must
be obtained from the City Clerk at Hastings City Hall.
• Event organizers will have the footprint cleaned up by 7:00 p.m. with barricades
removed and the street accessible by the public.
• Event organizers agree the site will be left in at least the condition it was pre-
event.
• Insurance certificate provided by event organizers, listing the City of Hastings as
additionally insured.
• Any other reasonable conditions as determined by staff.
Financial Impact:
None
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
▪ Special Event Application
▪ Event Map
VIII-07
Special Event Permit Application Page 1 of 10
Special Event Permit Application
Parks & Recreation Department
920 10th Street West
Hastings, MN 55033
651-480-6175
A Special Event Permit is required for events who wish to exclusively use City Property and/or require City
services to ensure safety and coordination. A Special Event is defined as any race, concert, community
celebration, fundraiser, dance, car show, large assembly, or other Special Event on City property that has
received City Council approval. Please see our Special Event Policy for additional information at
www.hastingsmn.gov
APPLICATION CHECKLIST:
Application must be submitted at least sixty (60) days prior to the event.
It is our goal to provide event organizers guidance in planning safe and successful events.
Special Event Permit Application
Site Map of Proposed Areas of Impact
▪ Run/Walk Routes, Parade Routes, Downtown Event, Concert/Performance Staging, etc.
Certificate of Insurance
▪ Please see section regarding insurance on page 8.
APPLICATION PROCESS:
Submit the completed application packet to the Parks & Recreation Department.
Allow 14 business days after application has been received for review.
If additional information is required, the applicant will be contacted by City Staff.
Once initial review is complete, all supporting documents must be submitted by event
organizer.
Once all queries are concluded, the application must go before City Council for final
approval.
Throughout the City Staff review process, the Event Coordinator will work with the Deputy
City Clerk for additional required licensing in conjunction with the event.
CONTACT INFORMATION:
Paige Marschall Bigler, Recreation Programming Specialist
pmarschall@hastingsmn.gov
651-480-6182
- Special Event Application
- Park Rentals
Emily King, Deputy City Clerk
eking@hastingsmn.gov
651-480-2343
- Additional Licensing
- Mobile Food Units, Temporary Liquor Licensing, Temporary Gambling Licensing,
Temporary Vendors
VIII-07
Special Event Permit Application Page 2 of 10
Organization Information (if applicable)
Organization:
Primary Phone Number:
Website Address:
Event Organizer
Name and Title:
Mailing Address:
Primary Phone Number:
Email Address:
On-Site Contact:
Primary Phone Number:
Email Address:
General Event Information
Event Name:
Type of Event:
Race/Run/Walk Downtown Event Concert/Performance Fundraiser
Other: ______________________________________________________________________________
Event Description in Detail:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Is this an annual event? ______ Yes _____ No
Is this a multi-day event? ______ Yes _____ No
Event Start Date: _________________________ Event End Date: ____________________________
Is the event open to the public or private? Public Private
VIII-07
Special Event Permit Application Page 3 of 10
Is there an admission fee? ______ Yes ______ No
What is the anticipated attendance?
What was the previous year’s attendance?
Where will the event be located?
___________________________________________________________________________________________
___________________________________________________________________________________________
A Park Rental Permit is required for events located within a City Park. Contact the City of Hastings Parks and
Recreation Department for park facility availability information: 651-480-6175.
Event Set-Up and Tear Down
How many days will your organization require to: Set-Up: ____________ Tear Down: _____________
Event Set-Up Date: __________________________ Event Set-Up Time: __________ to ___________
Event Start Date: ____________________________ Event Start Time: _______________
Event End Date: ____________________________ Event End Time: _______________
Event Tear Down Date: ______________________ Event Tear Down Time: _________ to __________
Staging Details
The following items will be used at the event (please mark all that apply):
Amplified Sound / Music / Live Entertainment Tents/Canopies Stage(s)
Parking Details
Please describe Public Parking Arrangements for attendees, staff & volunteers. (Please indicate location(s) on
Site Plan / Map)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Other ____________________________________________________________________________
If any of the above items will be used, please indicate their location on your attached Site Plan / Map. Use of
the above items may require the Event Organizer to meet ADA Regulations.
VIII-07
Special Event Permit Application Page 4 of 10
Portable Restrooms
Event Organizers are responsible for the event cleaning of existing on-site portable restrooms as well as
the rental and fees associated of any additional portable restrooms and/or hand-washing stations with a
vendor of their choice to support their event. Use of these items may require the Event Organizers to
meet ADA Regulations. (Please indicate locations(s) of portable restrooms on Site Plan / Map)
Company Name:
Contact Phone Number & Email:
Waste Removal
Company Name:
Contact Phone Number & Email:
Organics
1. Will the event have at least 300 attendees? ______ Yes ______ No
2. Will the event generate at least 1 ton (8 cubic yards) of trash per
location (e.g. each sporting tournament location?)? ______ Yes ______ No
3. Will the event generate food scraps back-of-house (e.g. non-public
food-prep areas)? ______ Yes ______ No
What will vendors use for back-of-house food scraps collection? Dakota County has collection
resources available.
How are food scraps collected from vendors for delivery to an organics facility?
If yes to all three organics criteria, the event is required to collect food scraps.
Please contact the Solid Waste & Recycling Coordinator, Violet Penman,
violet.penman@rosemountmn.gov or 612-268-9097 to discuss the following:
Event Organizers are responsible for arranging the removal of all waste related to the event and related
fees. This includes but is not limited to, emptying of trash bins and removal of waste from the event
site. Event organizers must work with a vendor to support their event. (Please indicate locations(s) of
waste removal bins on Site Plan / Map)
All paper and cardboard, cartons, glass bottles and jars, metal cans, and plastics labeled #1, #2
and #5 must be properly sorted and recycled.
Each trash container must have a recycling container within 10 feet. The City of Hastings has
portable recycling and trash containers that can be checked out for free of charge. Please email
violet.penman@rosemountmn.gov for more information.
Applicant must educate all event staff, volunteers, event vendors, and housekeeping/custodial
contractors using the enclosed Recycle Right Guide.
VIII-07
Special Event Permit Application Page 5 of 10
Fire Department Services
Event Organizers are responsible for coordinating event safety and emergency coverage with the
Hastings Fire Department. The Fire Department will determine if and how many fire resources will be
required at an event. All Fire Department costs associated with the event are at the responsibility of the
event organizer.
Event will include tents and/or canopies:
Tents and Canopies over 200 square feet
Other
_______________________________________________________________________
Event will host the use of:
Fireworks/Pyrotechnics (a firework display permit is required)
Other
_______________________________________________________________________
Police Department Services
Event Organizers are responsible for coordinating event security and emergency coverage with the
Hastings Police Department. The Police Department will determine if and how many police resources
will be required at any event. All Police Department costs associated with the event are at the
responsibility of the event organizer.
Event will require traffic control:
Event ingress/egress
Street Closures
Other _______________________________________________________________________
Notice of Temporary Street Closure
The City of Hastings requires that all affected residents/businesses both on adjacent to a proposed street
closure be notified of such a street closure. A notification letter may be required to be sent to
businesses and residents in the affected event areas.
Site Plan / Map Instructions
All site plans/maps must be submitted along with the application.
• Site plans/maps must include a directional sign showing North, South, East, and West.
• Site plans/maps must also include a key showing the use of symbols for people, vehicles,
tent(s)/canopies, stage(s), platform(s), barricades, Mobile Food Unit and Vendor staging, Portable
Restrooms, Waste Collection, etc.
• Site plan/map should also show any proposed signage.
VIII-07
Special Event Permit Application Page 6 of 10
Street Closures
Please keep in mind that streets/sidewalks must be closed from intersection to intersection; street
cannot be closed mid-block. Event Organizer is responsible for posting Temporary ‘No Parking’ signs
according to requirements.
Please list the streets/sidewalks, from intersection to intersection; you are requesting to close for your
event. Your Site Plan/Map must show all streets and closures. Street closures are subject to review and
approval by the Hastings Police and Public Works Departments.
Space is provided for four (4) entries. If you need more space, please attach an additional sheet of
paper with the requested information.
(1) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
(2) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
(3) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
(4) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
VIII-07
Special Event Permit Application Page 7 of 10
Barricade Equipment
Does the Host Organization have its own barricade equipment? Yes No
If not, please indicate how the Host Organization will meet all required barricade requirements.
*The companies listed below are barricade providers and not recommendations of the City*
Host Organization will rent barricade equipment from a private company from the list below.
(In alphabetical order)
Host Organization will set-up and tear down barricade equipment.
Private company will set-up and tear down barricade equipment.
Geyer Signal
https://www.constructionequipme
nt.com/company/geyer-signal-st-
cloud-inc
Phone: 320-253-9005
4205 Roosevelt Road
St. Cloud, MN 56301
Safety Signs of MN
https://www.safetysigns-
mn.com/
Phone: 952-469-6700
19784 Kenrick Avenue
Lakeville, MN 55044
Warning Lites
https://www.warninglitesmn.com/
Phone: 612-521-4200
4700 Lyndale Avenue North
Minneapolis, MN 55430
Miscellaneous
_____ The event organizer(s) will be applying to serve intoxicating liquor.
➢ Please complete the supplemental form on page 9.
_____ The event organizer(s) will be applying for a temporary gambling permit.
_____ This event will have vendors selling goods, wares, products, merchandise, etc.
_____ This event plans to have a petting zoo, pony rides, etc.
➢ Please indicate the location on the Site Map. It will also be required that the event provides
a portable hand-washing station.
VIII-07
Special Event Permit Application Page 8 of 10
Indemnification Agreement
Host Organization and/or Event Organizer agree, in consideration of the granting of this application and
Special Event Permit for:
___________________________________ to be held on ______________________________________ Event Name Event Date(s)
by ___________________________________ of ____________________________________________ Event Organizer/Primary Applicant Host Organization
Host Organization and/or Event Organizer(s) hereby agrees to defend, indemnify and hold harmless the
City of Hastings (“City”), and the City’s employees, officers, managers, agents, council members, and
volunteers from and against any and all losses, damages, claims for damage, liability, lawsuits, judgement
expense and cost(s) however caused, resulting from, arising out of, or in any way related to the Applicant’s
event as herein described, from any injury of death to any person or damage to any property including all
reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, costs and
expert fees) arising out of or attributed to the issuance of Applicant’s Special Event Permit regardless of
where the injury, death, or damage may occur, unless injury, death, or damage is caused by the sole
negligence of willful misconduct of the City. Nothing in this Agreement is to be construed as a waiver by
the City of any immunities, defenses, or other limitations on liability to which the City is entitled to by law,
including, but not limited to, the maximum monetary limits on liability established by Minnesota Statutes,
Chapter 466.
Host Organization and/or Event Organizer(s), at their sole cost and expense, agrees that it will maintain in
full force and effect, for the duration of the event and term of this Agreement, liability insurance with a
minimum per occurrence liability limit of $2,000,000. The City must be named as an additional insured on
the insurance policy, and the policy must contain a stipulation that the Applicant’s insurer will provide ten
(10) days’ prior written notice to the City of a cancellation of the required insurance policy. The insurance
shall be carried by a solvent and responsible insurance company that is licensed to do business in the State
of Minnesota. A certificate of insurance, signed by the authorized representative of the insurance company,
evidencing compliance with the required liability insurance amount must be provided to the City by the
Applicant prior to the event. The City reserves the right to modify the insurance requirements at its sole
discretion based on the nature and scope of the Applicant’s proposed event.
_____________________________ __________________________________
Print Name Title
________________________________ ___________________________________
Signature Date
VIII-07
Special Event Permit Application Page 9 of 10
Applicant Agreement
Please read each statement. Initialing next to each statement indicates your understanding and agreement
ot the statement.
_____ Host Organization and/or Event Organizer(s) agrees upon request to provide a Liability Insurance
Certificate providing evidence of general liability insurance coverage in a minimum of
$1,000,000 combined single limit and a minimum $2,000,000 aggregate limit, If food or non-
alcoholic beverages are sold or provided at the event the insurance policy shall also include an
endorsement for product liability in an amount not less than $1,000,000.
_____ Host Organization and/or Event Organizer(s) agrees, upon request, to submit a Security Plan
setting forth the proposed security measures to be taken to protect the health, safety, and welfare
of the participants, spectators, bystanders, and passerby. This plan will be reviewed by the
Hastings Police Department who may require alterations to the plan. Security measures may
include but are not limited to the hiring of Hastings Police Officers at the expense of the Event
Organizer.
_____ Host Organization and/or Event Organizer(s) agrees, upon request, to provide a copy of their
Determination Letter, as issued by the Internal Revenue Service of the United States, if the
application is made on behalf of any organization representing iteself as a tax-exempt, non-profit
and/or charitable organization.
_____ Host Organization and/or Event Organizer(s) agrees to notify all residents and businesses that will
be affected by street/sidewalk closures and/or amplified sound.
_____ Host Organization and/or Event Organizer(s) agree to supply ‘No Parking’ signs, barricades,
cones, and/or warning signs and to situtate them in such a position that the street closure may be
maintained in a safe and orderly manner.
_____ Host Organization and/or Event Organizer(s) agree to work with City Staff to ensure appropriate
licensure is completed for the event including: Park Rental(s), Mobile Food Units, Vendors,
Intoxicating Liquor, Temporary Gambling, etc.
_____ Host Organization and/or Event Organizer(s) agree that any false statement or material
misrepresentation made in support of this application and permit is cause for denial of issuance of
a Special Event Permit. Applicant also agrees that failure to adhere to the policies and procedures
established by the City of Hastings or any conditions or restrictions imposed upon the permit by
the City of Hastings, is cause for revocation of the Special Event Permit.
By signing below, Host Organization and/or Event Organizer indicate understanding and agreement to the
above statements.
________________________________ ________________________________
Print Name Title
________________________________ ________________________________
Signature Date
VIII-07
Special Event Permit Application Page 10 of 10
SUPPLEMENTAL INTOXICATING LIQUOR FORM
PLEASE COMPLETE IF INTOXICATING LIQUOR WILL BE SERVED AT THE EVENT
Intoxicating Liquor (please check one)
An establishment within the City of Hastings holding an active Caterer’s Permit will be providing and
serving liquor.
- The establishment must provide a current copy of their certificate of insurance including sales off
premises. The City of Hastings must be listed as additional insured.
- Please note if an establishment plans to serve liquor under their caterer’s permit, they must also
serve food at the event.
Establishment / Permit Holder: __________________________________________________
A Temporary Intoxicating Liquor License will be requested.
- Only issued to charitable, religious, or nonprofit organizations in existence for at least three (3)
years.
- Application must be submitted at least 60 – days prior to the event.
- Must be approved by City Council.
- Liquor Liability insurance is required. Additional information listed below.
Special Event Liquor License Requirements
1. Area. Alcohol may be served by the Applicant within the Premises, at a location designated on the site map
attached to the application. Liquor shall be confined to a specified area and the applicant must provide
delineation and signage stating “No Alcohol Beyond This Point” between the specified area and the additional
event space to discourage taking alcohol outside of the specified area.
2. Compliance Inspection. The applicant acknowledges that as a liquor license holder for the event, it is subject
to Hastings City Code §111.13, subd. B, subd. 6, which authorizes that all premises from which intoxicating
liquor is offered at on-salt, are subject to inspection for alcohol compliance by any peace officers or health
officers.
3. Identification Bracelets. The applicant shall provide at no charge liquor identification bracelets in the area as
required by City Staff. The applicant will permit no one to consume liquor unless they are wearing an
identification bracelet, and will be responsible for the issuance of bracelets. The bracelets will be issued only
to those who are legally entitled to consume intoxicating liquor.
4. Insurance. The City requires any function selling / serving intoxicating liquor through a temporary liquor
license must provide Liquor Liablity insurance for the day(s) of the event in the form and amounts as required
by M.S. §340A. Proof of insurance must include the use of the facility or any parking lot used for alcohol
service. The certificate must list the City of Hastings as an additional insured.
5. Law Enforcement Officer. The Police Department will determine if and how many police resources will be
required at any event. All Police Department costs associated with the event are at the responsibility of the
event organizer.
6. Exclusions. Glass beverage containers are not allowed within City Parks.
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7
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: October 7, 2024
Item: 2nd Reading\Adopt Ordinance: Amend City Code Chapter 50.05 – On-Site Sewer
Requirements
Council Action Requested:
Consider 2nd Reading and adoption of the attached amendment to Hastings City Code Chapter
50.05 – On-Site Sewer Requirements. The amendment transfers licensing and permitting
authority for SSTS’ - subsurface sewage treatment systems (also referred to as septic systems) to
Dakota and Washington County. The City Council considered 1st Reading at the September 16,
2024 meeting.. A simple majority is necessary for action.
The 1st Reading inadvertently excluded the following language within the existing code and has
been added as Chapter 50.05, Subd. C of the amendment:
C. No private on-site sewer system shall be permitted without approval by the City Council.
City Council may deny approval of an on-site sewer on property situated within the
Municipal Urban Service Area (MUSA) due to the pending availability of City sanitary
sewer service.
Background
On April 1, 2024 the City Council authorized submittal of a request to the respective counties to
provide SSTS permitting and licensing. Both Dakota and Washington County have agreed to
provide services.
The vast majority of homes and businesses within the City are connected to the municipal sewer
system; however, there are approximately 30 homes where sanitary sewer service is not
available. The City currently provides, inspection, permitting, and licensing services for SSTS’
requiring certain certification through the State of Minnesota. The City no longer has an
individual who is SSTS certified and seeks to transfer authority to the respective counties in
which staff does have training and where SSTS inspection is much more common.
Council Committee Review
N\A
Advisory Commission Review
N\A
VIII-08
Attachment
• Ordinance Amendment
• Existing Ordinance
VIII-08
ORDINANCE NO. ______________
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 50.05 REGARDING ON-SITE SEWER
REQUIREMENTS – SEPTIC SYSTEMS
The City Council of the City of Hastings, Dakota and Washington Counties, Minnesota,
does hereby ordain as follows:
SECTION 1. AMENDMENT. The Code of the City of Hastings, State of Minnesota,
Chapter 50.05, on-site sewer requirements (septic systems) shall be deleted in its entirety and
replaced as follows
50.05 On-Site Sewer Requirements
A. Adoption Of Subsurface Sewage Treatment Systems (SSTS). Standards for the installation
and repair of individual on-site sewer systems are established by Minnesota
Administrative Rules, Chapters 7080-7083, Dakota County Ordinance No. 113, and
Washington County Ordinance No. 206. Commonly referred to as the Subsurface
Sewage Treatment Systems (SSTS) Program, or Septic Systems the above rules and
ordinances are hereby adopted by reference as though set forth verbatim herein.
B. Permit Required by Respective County. No person shall install, repair, alter, or pump a
SSTS without first obtaining a permit from the respective county in which the SSTS is
located.
C. No private on-site sewer system shall be permitted without approval by the City Council.
City Council may deny approval of an on-site sewer on property situated within the
Municipal Urban Service Area (MUSA) due to the pending availability of City sanitary
sewer service.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes
Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy
of the entire ordinance is available without cost at the office of the City Clerk, the following
summary is approved by the City Council and shall be published in lieu of publishing the entire
ordinance.
The text amendment adopted by the Hastings City Council on October 7, 2024
amends the City Ordinance to clarify transfer permitting authority for on-site sewer
systems (septic systems) from the City to the respective County.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this 7th day of October, 2024
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_____________________________
Mary D. Fasbender, Mayor
Attest:
___________________________
Kelly Murtaugh, City Clerk
Published in the Hastings Journal on October 10th and 17th, 2024.
VIII-08
EXISTING ORDINANCE
50.05 On-Site Sewer Requirements
1. Adoption Of Subsurface Sewage Treatment Systems (SSTS). Standards for the installation
and repair of individual on-site sewer systems are established by the Minnesota Pollution
Control Agency. Commonly referred to as the Subsurface Sewage Treatment Systems
Program – Chapters 7080 – 7083, published by the Minnesota Pollution Control Agency,
these standards along with Dakota County Ordinance No. 113 are hereby adopted by
reference as though set forth verbatim herein. The stricter provisions of Dakota County
Ordinance No. 113 shall apply.
2. Permit Required. No person shall install, repair, alter, or pump an on-site sewer system
without first obtaining a permit as provided herein. Applications, provided by the City, must
be completed in writing prior to issuance of a permit. Permit fees shall be as provided in this
code.
3. SSTS License required. Installation and repair of on-site sewer systems requires licensing by
the respective county jurisdiction. Persons applying for a permit for installation or repair of
an on-site sewer system must provide evidence of licensure with Dakota County if the
property where work will be performed is in Dakota County or licensure with Washington
County if the property where work will be performed is in Washington County. All design,
installation, alteration, repair, maintenance, operation, pumping, and inspection activities
for SSTS located in Hastings must be completed by a business licensed by the MPCA under
Minnesota Rules Chapters 7080-7083.
4. Required Conditions.
1. Soil percolation tests must be completed by an independent party and must be
favorable for the operation of an on-site sewer system before a permit will be issued.
2. Installations, alterations, repairs, and maintenance shall be performed in
accordance with MPCA Rules Chapter 7080-7083.
3. No private on-site sewer system shall be permitted without approval by the City
Council. City Council may deny approval of an on-site sewer on property situated
within the Municipal Urban Service Area (MUSA) due to the pending availability of
City sanitary sewer service.
(Prior Code, § 4.12) Penalty, see § 10.99
HISTORY
Amended by Ord. 2012-14, 3rd Series on 10/15/2012
VIII-08
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: October 7, 2024
Item: Authorize Signature: Memorandum of Understanding – Sewer Service – UHL –
15211 Ravenna Trail
Council Action Requested:
Authorize signature of the attached Memorandum of Understanding (MOU) between the
City and United Heroes League (UHL) pertaining to sanitary sewer service for the UHL
locker room and stadia project located at 15211 Ravenna Trail. Approval requires a
simple majority of City Council.
Background Information:
The MOU establishes conditions for UHL to install and utilize temporary holding tanks
for sanitary sewer treatment while the City and Metropolitan Council review the potential
expansion of municipal sewer service to the property. UHL will be required to hook up
to municipal sanitary service if it becomes available or install a permanent septic system
once a decision on municipal service has been determined.
On June 17, 2024 the City Council granted site plan approval for UHL to construct
stadium bleacher seating for 1,175 individuals and a 3,450 s.f. locker room building
underneath the bleachers.
Financial Impact:
Future commercial development of the site will increase tourism spending in Hastings.
Advisory Commission Discussion:
N\A
Attachments:
• Memorandum of Understanding
VIII-09
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING SITE PLAN APPROVAL FOR CONSTRUCTION OF STADIUM
SEATING AND A LOCKER ROOM AT 15211 RAVENNA TRAIL FOR UNITED
HEROES LEAGUE ON PROPERTY OWNED BY DEFENDING THE BLUE
LINE
Councilmember ___________________________ introduced the following Resolution
and moved its adoption:
WHEREAS, Marshall Andrews of HTG Architects has applied for Site Plan
approval to construct stadium seating holding approximately 1,175 individuals and a +/-
3,450 s.f. locker room facility on property owned by Defending the Blue Line. The
facility is operated by United Heroes League and generally located at 15211 Ravenna
Trail (PIN 19-035500-14-020) and legally described on Attachment A; and
WHEREAS, on June 10, 2024 the Hastings Planning Commission held reviewed
the request and recommended approval of the action as presented; and
WHEREAS, the City Council reviewed the request and concurs with the
recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Site Plan as presented to the City Council
subject to the following conditions:
1. Conformance with the plans submitted with the City Council Staff Report dated
June 17, 2024.
2. Reconfiguration of the rear property line to maintain a minimum 20-foot setback
for the stadium seating and locker rooms.
3. Final approval of the Grading, Drainage, Erosion Control, and Utility Plans by the
Public Works Director.
VIII-09
4. All disturbed areas on the property shall be stabilized with rooting vegetative
cover to eliminate erosion control problems.
5. Disturbed areas of the site shall be maintained to the requirements of the City’s
property maintenance ordinance.
6. Any uncompleted site work (including landscaping) must be escrowed at 125
percent of the estimated value prior to issuance of a certificate of occupancy.
7. All lighting shall incorporate shields and cut-offs to direct light on the site.
8. Landscape planter schematics, material type, colors, and planted items must be
approved prior to issuance of a Building Permit.
9. Equipment screening fence schematics, material type, and color must be approved
prior to the building permit
10. The photometric plan must ensure foot candle illumintion for the hockey rink and
and parking lot does not exceed 0.5 foot candles at the property line.
11. Approval is subject to a one-year Sunset Clause; if significant progress is not
made towards the proposal within one year of City Council approval, the approval
is null and void.
Council member ______________________ moved a second to this resolution and upon
being put to a vote adopted by those present.
Adopted by the Hastings City Council on June 17, 2024, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
VIII-09
STATE OF MINNESOTA ) City of Hastings
) ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Hastings, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached
copy of the Resolution with the original on file in my office and the
same is a full, true and complete copy thereof.
WITNESS, my hand as such City Clerk and the corporate seal of the City of
Hastings this ____ day of , 20 .
Kelly Murtaugh, City Clerk
SEAL STICKER
VIII-09
Attachment A
Legal Description
PIN 19-03500-14-020
That part of the West half of the Northeast Quarter of Section 35, Township 115
North, Range 17 West lying south of CSAH No. 54 and east of County Road No.
91; except the south 1,072 feet lying west of the east 275.35 feet; AND
Except that part lying westerly of a line commencing at the intersection of the
centerline of CSAH No. 54 and the centerline of County Road 91; thence South
79 degrees, 02 minutes, 08 seconds East on the centerline of CSAH No. 54 a
distance of 846 feet to the point of beginning of the line to be described; thence
South 10 degrees, 57 minutes, 52 seconds West a distance of 501.37 feet; thence
North 79 degrees, 02 minutes, 08 seconds West a distance of 145.11 feet; thence
South 10 degrees, 57 minutes, 52 seconds West a distance of 225.32 feet to the
north line of the south 1,072 feet of said West Half of the Northeast Quarter,
thence terminating; AND
Except the south 200 feet of the east 275.34 feet of said West Half of the
Northeast Quarter.
Subject to CSAH No. 54.
VIII-09
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VIII-09
VIII-09
VIII-09
City Council Memorandum
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Fee Schedule Changes
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 7, 2024
Item: Hastings Civic Arena Fee Schedule 2024-2025
Council Action Requested: Conduct 2nd Reading and Adopt updates to the
Hastings Civic Arena Fee Schedule for the 2024 – 2025 season.
Background Information: Fees at the Hastings Civic Arena have
historically been very low, however over the past few years, staff have been
slowly increasing fees. These fee increases are a reflection of increased
costs for operating the facility as well as remaining more in line with fees at
surrounding facilities. We remain low on our ice rental rates, and need to
adjust those. With the proposed increases, Hastings will remain at the low
end of the ice rate scale within the metro area.
As you are aware, we are also in the midst of a $5.2M project at the Civic
Arena, and will be paying for this project for the next 10 years. Increased
fees will also help to make a portion of this payment.
The 1st Reading for this item was completed September 16, 2024. Action
tonight is to conduct 2nd Reading and adopt the updated fees.
See attached for proposed fee changes.
Financial Impact: A positive financial impact of roughly $28,500.00
annually based upon typical Prime ice rental hours, and based on 2023-
2024 prime ice rate of $215.00/hr.
VIII-10
Parks and Recreation Fee Changes
Current Proposed
Civic Arena Ice Rental (effective October 17, 2024, or ten days after publication)
Prime $220.00/hour plus tax $230.00/hour plus tax
SECOND READING
CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER
34 OF THE HASTINGS CITY CODE PERTAINING TO FEES FOR MUNICIPAL
SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
Chapter 34 of the Hastings City Code is hereby amended as follows: Section 34.03
Fee Schedule
VIII-10
Moved by Councilmember , seconded by Councilmember to
adopt the ordinance as presented.
Adopted by the Hastings City Council on this 7th day of October 2024, by the following vote:
Ayes:
Nays:
Absent:
CITY OF HASTINGS
ATTEST:
Mary Fasbender, Mayor
Kelly Murtaugh, City Clerk
I hereby certify that the above is a true and correct copy of the Ordinance presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 7th day of October 2024, as
disclosed by the records of the City of Hastings on file and of record in the office.
Kelly Murtaugh, City Clerk
VIII-10
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 7, 2024
Item: James Metzen Mighty Ducks Grant Program – Hastings Civic Arena
Council Action Requested: Approve and sign the Grant Agreement
Amendment, accepting and additional $41,591.00 in grant funds to help
offset costs of replacing the R-22 refrigeration system at the Hastings Civic
Arena.
Background Information: The City of Hastings is replacing the R-22
refrigeration system at the Hastings Civic Arena, and applied for funds from
the James Metzen Mighty Ducks Grant Program. Earlier this year, we
accepted $166,364.00 in grant funds. A grantee was unable to use some
funding and the James Metzen Mighty Duck Grant Program approved
distributing those funds to other projects.
Staff recommend approval.
Financial Impact: Positive financial impact on the overall $5.2M project.
Total grant funding will now equal $207,995.00.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ James Metzen Mighty Ducks Grant Program Agreement Amendment
1.
VIII-11
MIGHTY DUCKS GRANT PROGRAM
Grant Agreement – End Grant
(Amendment #1)
THIS grant contract, and amendments and supplements thereto, is between the State of
Minnesota, acting through its Amateur Sports Commission (hereinafter STATE) and the
Hastings, City of (hereinafter GRANTEE), witnesseth that:
WHEREAS, the STATE pursuant to Minnesota Statutes 2014, Chapter 240A, Section 9 is
empowered to promote the development of proposals and award grants for new statewide
public ice facilities and for renovation of existing ice arenas, including priority given to indoor
air quality improvements and projects that eliminate R-22 and purchase of ice resurfacer; and
WHEREAS, on June 16, 2021, the STATE issued a Request for Proposals (RFP) in the State
Register seeking proposals from eligible GRANTEEs interested in building or renovating public
ice arenas; and
WHEREAS, the STATE approved the grant award recommendations at its March 13, 2024
Commission Meeting; and
WHEREAS, GRANTEE’s proposal was among those selected to receive $166,364 in grant funds
to finance the construction, renovation of an ice arena; and
WHEREAS, on September 11, 2024, the STATE has formally recommended an additional
$41,591 to their Grant Agreement Terms of Contract due to returned funds
WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set
forth herein.
NOW, THEREFORE, it is agreed:
I. GRANTEE’S DUTIES. GRANTEE shall construct a new public ice arena or renovate an
existing public arena in accordance with the terms, conditions and specifications set
forth in the STATE’s RFP and GRANTEE’s grant application, which shall be read
together, attached hereto, and incorporated by reference as Exhibit A.
II. CONSIDERATION AND TERMS OF PAYMENT
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a. The total obligation of the STATE for all compensation and reimbursements to
GRANTEE shall be and shall not exceed two hundred and seven thousand and
nine hundred and fifty-five dollars ($207,995).
b. Terms of Payment. Payment shall be made by the STATE promptly after
GRANTEE’s presentation of evidence documenting that the project has been
completed and paid for with funds other than this grant award.
i. All funds shall be paid to GRANTEE after STATE has agreed that the
Project is complete, demonstrated by a Certificate of Occupancy when
applicable or an Affidavit of Project Completion (Attachment A).
ii. In addition, the GRANTEE shall submit copies of paid invoices for Project
expenses along with a letter on GRANTEE’s official letterhead
(Attachment B) that will serve as GRANTEE’s official invoice.
iii. Payment shall be made directly to the GRANTEE following review and
approval of required documents. Payment shall be made within thirty
(30) days from receipt of invoice.
III. CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant
contract shall be performed to the satisfaction of the STATE, as determined by the
sole discretion of its authorized representative, and in accord with all applicable
federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not
receive payment for work found by the STATE to be unsatisfactory, or performed in
violation of federal, state or local laws, ordinances, rules or regulations.
IV. TERMS OF CONTRACT. This grant contract shall be effective on September 11, 2024
or upon the date the final required signature is obtained by the STATE, pursuant to
Minn. Stat. 16B.06, subd.2, whichever occurs later, and shall remain in effect until
March 30, 2026, or until all obligations set forth in this grant contract has been
satisfactorily fulfilled, whichever occurs first.
IN WITNESS WHEREOF, the parties have caused this grant contract amendment to be duly
executed.
APPROVED:
GRANTEE: STATE AGENCY:
Hastings, City of Minnesota Amateur Sports Commission
By: _________________________________ By:
______________________________
Its: _________________________________ Its: Executive Director
Date: _9/12/2024_____________________ Date:__9/12/2024_____________________
And: ________________________________
Its: _________________________________
Date: _______________________________
VIII-11
Attachment A
Affidavit of Project Completion
This document is to be completed for projects receiving Mighty Ducks Grant funds where a
Certificate of Occupancy, per Minnesota Rules 1300.0220, is not required to be issued.
I hereby certify that:
1. The facility/structure listed below is not subject to the conditions of Minnesota Rules
1300.0220
2. This document shall serve in lieu of a Certificate of Occupancy.
3. The construction of the facility is completed as outlined in grant contract with the
Minnesota Amateur Sports Commission.
4. The facility is safe to be occupied by the public.
Facility Address:
PIN (if applicable):
Legal Description:
Zoning District:
Owner Name:
Address:
City State Zip:
Phone:
Comments:
Name of Grant Recipient:
___________________________________________
___________________________________________ ______________________________
Name of Authorized Official (print) Title
___________________________________________ ______________________________
Signature Date
This document is to be included with the grant invoice processing documents and mailed to:
Shannon Holbrook
Minnesota Amateur Sports Commission
1700 105th Avenue NE
Blaine, MN 55449
VIII-11
ATTACHMENT B
MIGHTY DUCKS GRANT PROGRAM
SAMPLE REIMBURSEMENT REQUEST LETTER (Invoice)
(Submitted on Grant Recipient’s Official Letterhead)
(Date)
Minnesota Amateur Sports Commission
Attn: Lynda Lynch
1700 105th Avenue NE
Blaine MN 55449
Dear Ms. Holbrook:
Please accept this letter as our formal request to receive the Mighty Ducks Grant funds
in the amount of $__________ for _________________________ (Project Name/Name
of Grant Recipient). This letter also serves as the official notification of our
acknowledgement and adherence of the language and provisions of the referenced in
the executed Mighty Ducks grant agreement.
Per your request and attached for your review are copies of paid invoices totaling
$_____________. These paid invoices equal or exceed our project’s grant award and
serves as our match requirement.
In addition, to demonstrate the project has been completed and documented as such, a
copy of the Certificate of Occupancy (or Affidavit of Project Completion) is enclosed for
your records.
I trust the documentation provided is sufficient for your purposes. Please feel free to
contact me if you need additional information or have any questions.
Sincerely,
(Authorized/Official Signature)
VIII-11
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Alex Menke, Economic Development Coordinator
Date: October 7, 2024
Item: Authorize Signature: Agreement for MCES SAC & City WAC\SAC Deferral Property Tax
Assessment – 214 2nd St E
Council Action Requested:
1) Authorize signature of the attached agreement between the City and Marathon
Properties of Hastings, LLC to defer payment, by means of property tax assessment, of
the City’s portion of water access charges and sewer access charges (WAC\SAC) over a
ten-year period.
Approval requires a simple majority of the City Council.
2) Authorize signature of the attached agreement between the City and Marathon
Properties of Hastings, LLC to defer payment, by means of property tax assessment, of
the Metropolitan Council’s portion of sewer access charges (SAC) over a ten-year
periods.
Approval requires a simple majority of the City Council.
Background Information:
At the August 19th City Council meeting, Council authorized the signature of a SAC/WAC
deferral agreement between the City and Marathon Properties of Hastings, LLC. An additional
two agreements are needed for the two deferred costs to be assessed to the property.
Marathon Properties of Hastings, LLC owns the property located at 214 2nd Street East. Their
newest tenant, Collateral Coffee dba Awful Gato, is in the process of building out a coffee shop
and café at the site. The construction results in the payment of Metropolitan Council SAC fees
totaling $9,940, and City WAC\SAC fees totaling $15,608 prior to receipt of a building permit.
Upfront payment of WAC\SAC fees prior to operation of the facility has created a burden for
the business owner.
The City of Hastings has established a policy to defer City WAC\SAC fees in order to minimize
the impact of these fees. Please see the attached policy document for further information. The
VIII-12 (a,b)
Hastings program requires a 20% down payment ($3,121.60) due at the time of building permit
issuance, which has been paid.
Additionally, Marathon Properties of Hastings, LLC plans to enter into the Metropolitan
Council’s SAC Deferral Program. The Metropolitan Council’s program requires a 20% down
payment ($1988) due at time of building permit issuance, which has been paid. This program is
regulated by a Master SAC Deferral Agreement executed by the City of Hastings and
Metropolitan Council (attached).
Both deferred amounts will be assessed to the property and collected through semi-annual
property tax payments for a period of up to ten years.
Financial Impact:
The City and Metropolitan Council would not receive full payment of the deferred amounts for
up to ten years. Repayment would include an interest charge of 2.06% annually on the unpaid
balance and a $50 administrative fee. The deferment would allow Collateral Coffee dba Awful
Gato to begin construction to add further value to the property and increase the tax base.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• City Assessment Appeal Waiver Agreement
• MCES Assessment Appeal Waiver Agreement
• SAC/WAC Deferral Agreement
• City SAC/WAC Policy
• MetCouncil Master SAC Deferral Agreement
VIII-12 (a,b)
1
CITY OF HASTINGS
ASSESSMENT APPEAL WAIVER AGREEMENT FOR
214 2ND STREET EAST, HASTINGS, MN 55033
FOR WATER AREA CHARGES
THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER (“Agreement”) is
entered into and effective as of the _____ day of , 2024 (“Agreement Date”), by
and between the City of Hastings, a Minnesota municipal corporation (“City”), and Marathon
Properties of Hastings, LLC, a Minnesota limited liability company (“Owners”).
WITNESSETH:
WHEREAS, the Owners are the fee simple owners of property legally described as Mid 1/3
of Lot 2, Block 14, TOWN OF HASTINGS, Dakota County, Minnesota (“Property”) that will be
benefited by certain WAC; and
WHEREAS, the City has a program (“Program”) to assess Hastings Water Area Charges
(“WAC”) for qualifying applicants; and
WHEREAS, the Owners have qualified for the Program and have agreed to the repayment
terms and conditions therein; and
WHEREAS, the City is authorized to assess WAC charges against the Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
VIII-12 (a,b)
2
ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and
agreements between the Owners and the City with regard to the Property and the assessment of WAC
including the Owners’ waiver of assessment appeal rights up to the Assessment Waiver Amount
which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner
authorized by Minnesota Statutes § 462.3531 in return for the City’s efforts to facilitate the funding
for the WAC.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and
shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as
used in this Agreement shall be expressly indicated below, unless the context of this Agreement
requires otherwise:
(a) Agreement: This agreement to memorialize the covenants and agreements between the
Owners and the City with regard to the Property and the WAC including the assessment
appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner
authorized by Minnesota Statutes § 462.3531.
(b) Agreement Date: The date written in the first paragraph of the Agreement.
(c) Assessment Interest Rate: The special assessment levied against the Property shall accrue
interest at a rate of 2.06% per year for the Assessment Term. Interest accrual shall begin on
November 15, 2024.
(d) Assessment Term: The term of the special assessment levied against the Property shall be 10
years.
(e) WAC Assessment Waiver Amount: The charge imposed by the City for the WAC in the
amount of Twelve Thousand Four Hundred Eighty-six dollars and 40/100ths ($12,486.40)
is to be assessed by the City against the Property. The Assessment Amount is commensurate
with the estimated special benefit of the WAC to the Property.
(f) City: The City of Hastings, a Minnesota municipal corporation.
(g) Owners: Marathon Properties of Hastings, LLC, a Minnesota limited liability company.
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(h) Property: Mid 1/3 of Lot 2, Block 14, TOWN OF HASTINGS, Dakota County, Minnesota.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Owner. The Owners covenant and agree
with the City that:
(a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the Dakota
County Auditor/Property Tax Assessor a special assessment against the Property up to the
Assessment Waiver Amount for the WAC.
The Owners hereby waive all rights to assessment notices, hearings and appeals, and all other
rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment
against the Property up to the Assessment Waiver Amount. The Owners hereby waive any
and all procedural and substantive objections to the special assessment up to the Assessment
Waiver Amount against the Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Waiver Amount against the
Property exceeds the benefit to the Property for the WAC. The Owners acknowledge and
agree that the benefit of the WAC to the Property does in fact equal or exceed the Assessment
Waiver Amount. The Owners also acknowledge and agree that the Property receives a special
benefit equal to or exceeding the Assessment Waiver Amount.
The City and the Owners acknowledge and agree that the Owners’ waiver of assessment
appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment
Waiver Amount by operation of Minn. Stat. § 462.3531. The City and the Owners
acknowledge and agree that the Owners may appeal any special assessment above the
Assessment Waiver Amount.
(b) Owners’ Covenant Not to Sue the City: Owners hereby covenant with the City not to appeal
or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or
for other relief from the payment of the City’s levy of a special assessment up to the
Assessment Waiver Amount against the Property.
(c) Owners’ Covenant that Owners are the Property Fee Owners: Owners hereby covenant and
warrant with the City that Owners are seized in fee of the Property and have good right to
enter into this Agreement with the City.
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with
the Owners that:
(a) Assessment Waiver Amount: The City agrees that the City will certify/levy a special
assessment against the Property only up to the Assessment Waiver Amount for the WAC
pursuant to this Agreement.
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(b) City Recording of this Agreement: The City will record this Agreement against the Property.
Owners will pay for the cost of recording.
(c) Prepayment of Assessment: The City agrees that the Owners may prepay some or all of the
City’s assessment levy against the Property for the WAC with no penalty and only with
interest accrual pursuant to Minn. Stat. § 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely
performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of
default of this Agreement. The notice shall specify with particularity the default or defaults on which
the notice is based. The notice shall specify a ten (10) day cure period within which the specified
default or defaults must be cured. If the specified defaults are not cured within the cure period, the
other party(s) may pursue all remedies and sanctions available at law and in equity, including specific
performance.
Section 4.02 Attorneys’ Fees, Costs and Expenses. The Owners agree to pay the City the
amount of the City’s assessment levy up to the Assessment Waiver Amount with accrued interest
together with the City’s attorneys’ fees, costs and expenses to defend the special assessment levy by
the City pursuant to this Agreement. The Owners acknowledge and agree that the Owners would be
unjustly enriched if the City’s assessment levy pursuant to this Agreement was set aside, reduced,
repealed or invalidated by a court with jurisdiction over the Property since the Owners requested the
WAC and this assessment financing for the WAC. The Owners agree that the court with jurisdiction
over the Property shall award the City the assessment levy up to the Assessment Waiver Amount with
accrued interest together with the City’s attorneys’ fees, costs and expenses for breach of the Owners’
covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b).
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required or
permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Hastings
ATTN: City Administrator
101 4th Street East
Hastings, MN 55033
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If to the Owners: Marathon Properties of Hastings, LLC
ATTN: Vicki Jung
1241 West 15th Street
Hastings, MN 55033
Section 5.02 Non-Assignability. Neither the City nor the Owners shall assign any interest in
this Agreement nor shall either party transfer any interest in the same without the prior written consent
of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property
and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or
any of its terms modified or changed only by a written amendment authorized and executed by the
City and the Owners.
Section 5.06 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
Section 5.08 Notice To Buyers. The Owners agree to notify and provide any buyer of the
Property with an executed copy of this Agreement if the Owners sell any interest in the Property
following the execution of this Agreement by both the Owners and the City, but before the recording
of this Agreement with Dakota County Recorder and/or Registrar of Titles.
IN WITNESS WHEREOF, the City and the Owners have caused this Agreement to be
executed by their duly authorized representatives.
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CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of ______________________, 2024, before me a Notary Public within
and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.
Notary Public
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OWNERS:
MARATHON PROPERTIES OF HASTINGS, LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF __________________ )
Personally came before me this ___ day of ________, 2024, the above named
____________________, ____________ of Marathon Properties of Hastings, LLC, a Minnesota
limited liability company, to me known to be the person who executed the foregoing instrument
and acknowledged the same on behalf of the limited liability company.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Dr Suite 300
Eagan, MN 55121
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CITY OF HASTINGS
ASSESSMENT APPEAL WAIVER AGREEMENT FOR
214 2ND STREET EAST, HASTINGS, MN 55033
FOR SEWER ACCESSIBILITY CHARGES
THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER (“Agreement”) is
entered into and effective as of the _____ day of , 2024 (“Agreement Date”), by
and between the City of Hastings, a Minnesota municipal corporation (“City”), and Marathon
Properties of Hastings, LLC, a Minnesota limited liability company (“Owners”).
WITNESSETH:
WHEREAS, the Owners are the fee simple owners of property legally described as Mid 1/3
of Lot 2, Block 14, TOWN OF HASTINGS, Dakota County, Minnesota (“Property”) that will be
benefited by certain SAC; and
WHEREAS, the City has a program (“Program”) to assess Metropolitan Council Sewer
Accessibility Charges (“SAC”) for qualifying applicants; and
WHEREAS, the Owners have qualified for the Program and have agreed to the repayment
terms and conditions therein; and
WHEREAS, the City is authorized to assess SAC charges against the Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows:
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ARTICLE I
THE AGREEMENT
Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and
agreements between the Owners and the City with regard to the Property and the assessment of SAC
including the Owners’ waiver of assessment appeal rights up to the Assessment Waiver Amount
which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner
authorized by Minnesota Statutes § 462.3531 in return for the City’s efforts to facilitate the funding
for the SAC.
Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and
shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied
assessment).
ARTICLE II
DEFINITIONS
Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as
used in this Agreement shall be expressly indicated below, unless the context of this Agreement
requires otherwise:
(a) Agreement: This agreement to memorialize the covenants and agreements between the
Owners and the City with regard to the Property and the SAC including the assessment appeal
waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized
by Minnesota Statutes § 462.3531.
(b) Agreement Date: The date written in the first paragraph of the Agreement.
(c) Assessment Interest Rate: The special assessment levied against the Property shall accrue
interest at a rate of 2.06% per year for the Assessment Term. Interest accrual shall begin on
November 15, 2024.
(d) Assessment Term: The term of the special assessment levied against the Property shall be 10
years.
(e) SAC Assessment Waiver Amount: The charge imposed by the City for the SAC in the
amount of Seven Thousand Nine Hundred Fifty-two dollars and 00/100s ($7,952.00) is to
be assessed by the City against the Property. The Assessment Amount is commensurate
with the estimated special benefit of the SAC to the Property.
(f) City: The City of Hastings, a Minnesota municipal corporation.
(g) Owners: Marathon Properties of Hastings, LLC, a Minnesota limited liability company.
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(h) Property: Mid 1/3 of Lot 2, Block 14, TOWN OF HASTINGS, Dakota County, Minnesota.
ARTICLE III
COVENANTS AND AGREEMENTS
Section 3.01 Covenants and Agreements of the Owner. The Owners covenant and agree
with the City that:
(a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the Dakota
County Auditor/Property Tax Assessor a special assessment against the Property up to the
Assessment Waiver Amount for the SAC.
The Owners hereby waive all rights to assessment notices, hearings and appeals, and all other
rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment
against the Property up to the Assessment Waiver Amount. The Owners hereby waive any
and all procedural and substantive objections to the special assessment up to the Assessment
Waiver Amount against the Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Waiver Amount against the
Property exceeds the benefit to the Property for the SAC. The Owners acknowledge and agree
that the benefit of the SAC to the Property does in fact equal or exceed the Assessment Waiver
Amount. The Owners also acknowledge and agree that the Property receives a special benefit
equal to or exceeding the Assessment Waiver Amount.
The City and the Owners acknowledge and agree that the Owners’ waiver of assessment
appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment
Waiver Amount by operation of Minn. Stat. § 462.3531. The City and the Owners
acknowledge and agree that the Owners may appeal any special assessment above the
Assessment Waiver Amount.
(b) Owners’ Covenant Not to Sue the City: Owners hereby covenant with the City not to appeal
or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or
for other relief from the payment of the City’s levy of a special assessment up to the
Assessment Waiver Amount against the Property.
(c) Owners’ Covenant that Owners are the Property Fee Owners: Owners hereby covenant and
warrant with the City that Owners are seized in fee of the Property and have good right to
enter into this Agreement with the City.
Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with
the Owners that:
(a) Assessment Waiver Amount: The City agrees that the City will certify/levy a special
assessment against the Property only up to the Assessment Waiver Amount for the SAC
pursuant to this Agreement.
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(b) City Recording of this Agreement: The City will record this Agreement against the Property.
Owners will pay for the cost of recording.
(c) Prepayment of Assessment: The City agrees that the Owners may prepay some or all of the
City’s assessment levy against the Property for the SAC with no penalty and only with interest
accrual pursuant to Minn. Stat. § 429.061.
ARTICLE IV
DEFAULT
Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely
performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of
default of this Agreement. The notice shall specify with particularity the default or defaults on which
the notice is based. The notice shall specify a ten (10) day cure period within which the specified
default or defaults must be cured. If the specified defaults are not cured within the cure period, the
other party(s) may pursue all remedies and sanctions available at law and in equity, including specific
performance.
Section 4.02 Attorneys’ Fees, Costs and Expenses. The Owners agree to pay the City the
amount of the City’s assessment levy up to the Assessment Waiver Amount with accrued interest
together with the City’s attorneys’ fees, costs and expenses to defend the special assessment levy by
the City pursuant to this Agreement. The Owners acknowledge and agree that the Owners would be
unjustly enriched if the City’s assessment levy pursuant to this Agreement was set aside, reduced,
repealed or invalidated by a court with jurisdiction over the Property since the Owners requested the
SAC and this assessment financing for the SAC. The Owners agree that the court with jurisdiction
over the Property shall award the City the assessment levy up to the Assessment Waiver Amount with
accrued interest together with the City’s attorneys’ fees, costs and expenses for breach of the Owners’
covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b).
ARTICLE V
GENERAL PROVISIONS
Section 5.01 Notices. All notices, requests, demands or other communications required or
permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if
delivered personally or by registered or certified mail, return receipt accepted, postage prepaid,
addressed as follows:
If to the City: City of Hastings
ATTN: City Administrator
101 4th Street East
Hastings, MN 55033
If to the Owners: Marathon Properties of Hastings, LLC
ATTN: Vicki Jung
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1241 West 15th Street
Hastings, MN 55033
Section 5.02 Non-Assignability. Neither the City nor the Owners shall assign any interest in
this Agreement nor shall either party transfer any interest in the same without the prior written consent
of the other party.
Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants
contained herein and the transaction contemplated hereunder shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs, personal representatives, and
permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property
and shall run with the Property herein described.
Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or
any of its terms modified or changed only by a written amendment authorized and executed by the
City and the Owners.
Section 5.06 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and shall supersede all prior oral or written negotiations.
Section 5.08 Notice To Buyers. The Owners agree to notify and provide any buyer of the
Property with an executed copy of this Agreement if the Owners sell any interest in the Property
following the execution of this Agreement by both the Owners and the City, but before the recording
of this Agreement with Dakota County Recorder and/or Registrar of Titles.
IN WITNESS WHEREOF, the City and the Owners have caused this Agreement to be
executed by their duly authorized representatives.
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6
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of ______________________, 2024, before me a Notary Public within
and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.
Notary Public
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OWNERS:
MARATHON PROPERTIES OF HASTINGS, LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF __________________ )
Personally came before me this ___ day of ________, 2024, the above named
____________________, ____________ of Marathon Properties of Hastings, LLC, a Minnesota
limited liability company, to me known to be the person who executed the foregoing instrument
and acknowledged the same on behalf of the limited liability company.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Dr Suite 300
Eagan, MN 55121
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SAC & WAC Payment
Deferral
City of Hastings & Metropolitan Council
PROGRAM INFORMATION, GUIDELINES AND APPLICATION INSTRUCTIONS
City of Hastings
101 4th Street East, Hastings, MN 55033-1955
T: 651-480-2350 F: 651-437-7082
www.hastingsmn.gov
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 1
CITY OF HASTINGS
SAC & WAC PAYMENT DEFERRAL
PROGRAM INFORMATION, GUIDELINES AND APPLICATION INSTRUCTIONS
In order to minimize the impact of the Sewer Availability Charge (SAC) and Water Availability Charge
(WAC) to businesses within the City of Hastings, the City can provide a deferral option to pay SAC and
WAC fees over time, instead of an upfront payment due at the time of building permit issuance.
This program is in addition to the Metropolitan Council’s SAC Deferral Program, adopted in April
2017. The MetCouncil SAC Deferral Program, which is targeted to small businesses (under 25 SAC
units), is a means of assistance in paying Metropolitan Council SAC charges and allows a portion, up to
80%, of SAC to be paid over a period not to exceed ten years.
Under the updated program, the City of Hastings will enter into an agreement with eligible businesses
and/or property owners to spread SAC and/or WAC payments over a ten year term. Property owners
will be billed annually, on their property tax statement, for a period of ten years. If eligible, businesses
and/or property owners have the option to utilize the Metropolitan Council SAC Deferral Program, the
City of Hastings SAC & WAC Deferral Program, or both.
Metropolitan Council SAC Deferral Program: 10 year term; low interest rate*; 20% down,
plus the first monthly payment; secured by the Deferred Payment Agreement; eligible to
businesses with SAC unit determination of 25 units or less. This program is established and
regulated by a Master SAC Deferral Agreement executed between the City of Hastings and
Metropolitan Council.
City of Hastings SAC & WAC Deferral Program: 10 year term; low interest rate**; secured
by the Deferred Payment Agreement; eligible to businesses with a SAC & WAC unit
determination of 25 units or less. This program is established by City Ordinance and is intended
to parallel the Metropolitan Council Program guidelines.
Participants in the program are allowed to defer a maximum of 25 SAC and/or 25 WAC units.
Businesses with SAC and WAC determinations exceeding the program limits will be considered on a
case by case basis. The business owner and/or property owner must agree to participate and fill out an
application form with the requested information, in addition to executing the Deferred Payment
Agreement.
If you have any questions or would like to submit an application for the City of Hastings SAC & WAC
Deferral Program and/or the Metropolitan Council SAC Deferral Program, please contact John
Hinzman, Community Development Director, at jhinzman@hastingsmn.gov or 651-480-2378.
*Metropolitan Council SAC Deferral Program: principal on the deferred amount will be amortized monthly at a fixed interest rate based on MCES’
average cost of debt (per statute). MCES’ average cost of debt, computed on December 31 each year, will be used as the interest rate for all new deferrals
entered into the following calendar year.
**City of Hastings SAC & WAC Deferral Program: principal on the deferred amount will be amortized monthly at a fixed interest rate based on the 10
year Treasury Rate, locked in after application approval, at time of closing/document signing.
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 2
CITY OF HASTINGS
SAC & WAC PAYMENT DEFERRAL APPLICATION
SECTION 1: BUSINESS INFORMATION
Business Name:________________________________________________________________________
Business Address:______________________________________________________________________
Business Contact/Title:__________________________________________________________________
Telephone:____________________________________________________________________________
Email:_______________________________________________________________________________
SECTION 2: PROPERTY OWNER INFORMATION
Property Owner Name:__________________________________________________________________
Address:_____________________________________________________________________________
Property ID Number:___________________________________________________________________
Telephone:____________________________________________________________________________
Email:_______________________________________________________________________________
SECTION 3: SAC UNIT DETERMINATION (Please attach SAC Determination Letter)
Address on SAC Determination Letter:_____________________________________________________
Date on SAC Determination Letter:________________________________________________________
Reference # on SAC Determination Letter:__________________________________________________
SAC Units (must be less than 25 units):_____________________________________________________
SAC Credits:___________________________________________________________________
Net SAC Units:_________________________________________________________________
WAC Units (must be less than 25 units):____________________________________________________
WAC Credits:___________________________________________________________________
Net WAC Units:________________________________________________________________
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 3
SECTION 4: ELIGIBILITY
Please confirm by initialing the following to determine eligibility:
_____ The property is located in the City of Hastings, MN.
_____ The SAC Determination for the property is 25 units or less, prior to SAC credits.
_____ The WAC Determination for the property is 25 units or less, prior to WAC credits.
_____ I understand that the deferral term is not to exceed 10 years.
_____ I understand that the maximum deferment amount is 80% and a down payment, equal to 20% of the total
SAC and WAC fees is due at time of application approval.
_____ I understand that the property owner will be billed monthly on their regular utility bill.
_____ I understand that SAC and WAC credits are tied to the property and may not generally be transferred to
another location.
_____ I understand that in the event of a default, any outstanding payments will be assessed to the property and
the property owners waives the right to contest the assessment.
_____ I understand that, in the case of a business closure, the business or property owner must notify the City’s
Economic Development Coordinator. They City will verify the closure and future payment obligations
will be waived. The site will not be credited with the portion of SAC & WAC not paid, but will receive
credit for actual SAC & WAC paid.
I hereby certify that the above information and/or statements are true and correct to the best of my
knowledge. I understand that any false statements may disqualify me, the property, or this business from
the program.
Business Signature:________________________________________________ Date:______________
Property Owner Signature:_________________________________________ Date:______________
Community Development Staff Approval:_____________________________ Date:_______________
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 4
For Staff to Complete:
Permit Number:________________________________________________________________________
Permit Issue Date:______________________________________________________________________
Deferral Start Date: ____________________________________________________________________
(1st day of month after MCES report due)
Percentage to be financed: _______________________________________________________________
(maximum of 80%)
SAC Deferral Amount: ___________X (% Financed) = ________ X __________ = ________________
(e.g. 5 SAC x 80% = 4) (# total SAC units) Deferred Units Current SAC Rate Deferral Amount in $
WAC Deferral Amount: ___________X (% Financed) =_________ X ___________= _____________
(e.g. 5 SAC x 80% = 4) (# of total WAC units) Deferred Units Current WAC Rate Deferral Amount in $
Total Down Payment: SAC______________ = __________________
Down payment in units Down Payment Amount in $
(+)
WAC______________ = __________________
Down payment in units Down Payment Amount in $
(+)
First Monthly Payment = _________________
_____________________________________________________________________________________
Total Down Payment: $_________________
Eligibility Conditions:
_____ The fee owner’s property taxes are in good standing.
_____ The business is in good standing with the State of Minnesota and is not in violation of Hastings City Code.
_____ The property is located within the City of Hastings.
_____ The business meets the definition of eligible commercial properties as stated in the City of Hastings SAC
& WAC Deferral Program and/or the Metropolitan Council’s SAC Deferral Program.
Community Development Staff:______________________________ Date:________________
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: October 7, 2024
Item: 2024 Budget Amendment: Lead Paint Scraping and Containment
Council Action Requested:
Approve amendment to the 2024 Budget: $30,175 for lead paint scraping and containment as
part of the City Hall Historic Renovation project.
Background Information:
This summer, contractor Renaissance Roofing found peeling, lead-based paint. The project
specifications and contract did not clearly include specifications or required actions is lead-based
paint were encountered during the project. Work was stopped, and several areas were tested to
confirm the presence of lead-based paint.
On September 17, the contractor provided a quote of $30,175, reviewed by our architects at
Miller Dunwiddie, to scrape, contain, and safely dispose of peeling, lead-based paint on the
project. I approved the change order so work could begin promptly while we still have warm
weather.
Financial Impact:
$30,175 – within project contingency
Committee Discussion:
Not applicable
Attachment:
Change Order #5
VIII-13
Project:Change Order Number:
Project Number:
Attn:
Contract Date:
The Contract is proposed to be changed as follows:
A)
NOTE: This is not abatement work, there will still be lead paint present on those areas after work is performed.
Pricing Breakdown:
Containment $ 30,175.00
Additional Labor for scraping & containment of peeling lead paint 25,600.00$
Extended Lift Rentals 3,625.00$
Tools, Supply, Disposal & Additional Pedestrian Protection 950.00$
Additional Site Visits Beyond Scope of Work -$
Scaffold Rental for Containment of Lead Paint $ -
*Scaffold rental for delays not under our control, past the original take down date of August 19
Note - this does not include any work on Center dome.
2231 Hawkey Drive
Date Date Date
Name (print )Name (print )Name (print )
9/17/2024
By (signature)By (signature)By (signature)
Jake Verhagen
Address Address Address
Owner Representative (Firm Name)Contractor (Firm name)Owner(Firm name)
Belvidere, IL
The new contract sum total, including this change order 3,389,910.00$
Renaissance Roofing, Inc.
The net change by previously authorized change orders 54,940.00$
The contract sum at time of this change order 3,359,735.00$
The contract sum will be Increased by this change Order in the amount of 30,175.00$
As discussed on site, this will not provide a smooth surface, however, we will be removing all loose lead paint leaving the
still adhered lead paint in place.
Total amount:30,175.00$
The original contract sum, including all alternates was 3,304,795.00$
Lead Paint Containment
Safely scrape, contain and properly dispose of loose peeling lead paint from main building cornice metal and peaks
around parameter of the roof in preparation for primer & topcoat.
Hastings, MN 55033 COH2101
Kelly Mastin | Miller Dunwiddie
12/01/23
Hastings City Hall: Historic Roofing Repair 5Revision
101 4th Street East Date:09/17/24
CHANGE ORDER FORM
P.O. Box 5024, Rockford, IL 61125 2306 Lemp Avenue
2231 Hawkey Drive, Belvidere, IL 61008 St. Louis, MO 63104
815/547.1725; Fax: 815/547.1425 314/772.6222; Fax: 314/772.6224
www.HistoricExteriors.com
BELVIDERE/CHICAGO OFFICE 1-800-699-5695 ST. LOUIS OFFICE
VIII-13
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: October 7, 2024
Item: Authorize Pre-Order for Lucas Chest Compression Devices – 2025 Budget Item
Council Action Requested:
Approve pre-order of Lucas chest compression devices.
Background Information:
The Lucas chest compression devices are in the budget process for 2025. There will be a 3.5% increase to
these devices November 1st. Ordering these devices, prior to that date, will lock in current pricing. The city
will not be invoiced for these devices until 2025.
Financial Impact: 2025 Budget (85,000.00)
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: 1. Lucas Quote
VIII-14
Quote Summary
Delivery Address Sold To - Shipping
Bill To Account
Name: CITY OF HASTINGS FIRE ANDAMB
Name: CITY OF HASTINGS FIRE ANDAMB
Name: CITY OF HASTINGS FIRE ANDAMB
Account #:
20027621
Account #:
20027621
Account #:
20027621
Address:
115 W 5TH ST
Address:
115 W 5TH ST
Address:
115 W 5TH ST
HASTINGS
HASTINGS
HASTINGS
Minnesota 55033-1815
Minnesota 55033-1815
Minnesota 55033-1815
Attn: Attn: Mark Knoll
Equipment Products:
# Product Description Qty Sell Price Total
1.0 99576-000063 LUCAS 3, v3.1 Chest Compression System, Includes Hard ShellCase, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap,(2) Suction Cups, (1) Rechargeable Battery and Instructions foruse With Each Device
4 $18,033.52 $72,134.06
2.0 11576-000060 LUCAS Desk-Top Battery Charger 4 $1,401.06 $5,604.22
3.0 11576-000071 LUCAS External Power Supply 4 $443.29 $1,773.17
4.0 11576-000080 LUCAS 3 Battery - Dark Grey - Rechargeable LiPo 4 $833.43 $3,333.70
Equipment Total: $82,845.20
Trade In Credit:
Product Description Qty Credit Ea. Total Credit
TIM-LUC2-LUC3 TRADE-IN-STRYKER LUCAS 2 TOWARDS PURCHASE OFLUCAS 3.1
4 -$2,000.00 -$8,000.00
ProCare Products:
# Product Description Qty Sell Price Total
5.1 LUCAS-FLD-PROCARE LUCAS 3, 3.1 for LUCAS 3, v3.1 Chest Compression System, Includes Hard
Shell Case, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap, (2)
4 $2,205.00 $8,820.00
Hastings FD - LUCAS - 092624
Quote Number: 10994940 Remit to: Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version: 1
Prepared For: CITY OF HASTINGS FIRE AND AMB Rep: Elizabeth Reem
Attn: Email: elizabeth.reem@stryker.com
Phone Number: (314) 853-2779
Quote Date: 09/26/2024
Expiration Date: 12/25/2024
Contract Start:
Contract End:
09/26/2024
09/25/2025
1
This is not an Invoice
VIII-14
# Product Description Qty Sell Price Total
Suction Cups, (1) Rechargeable Battery and Instructions for use With Each
Device
09/27/2024 - 09/26/2029
√ Preventative Maintenance
ProCare Total: $8,820.00
Price Totals:
Estimated Sales Tax (0.000%): $0.00
Freight/Shipping: $1,330.12
Grand Total:
$84,995.32
Comments/Terms/Signatures
Prices: In effect for 30 days
Terms: Net 30 Days
Terms and Conditions: Deal Consummation: This is a quote and not a commitment. This quote is subject to ffnal credit, pricing, and documentationapproval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided uponcompletion of our review process and your selection of a payment schedule. Conffdentiality Notice: Recipient will not disclose toany third party the terms of this quote or any other information, including any pricing or discounts, ofiered to be provided byStryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law
or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https://
techweb.stryker.com/Terms_Conditions/index.html.
Hastings FD - LUCAS - 092624
Quote Number: 10994940 Remit to: Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version: 1
Prepared For: CITY OF HASTINGS FIRE AND AMB Rep: Elizabeth Reem
Attn: Email: elizabeth.reem@stryker.com
Phone Number: (314) 853-2779
Quote Date: 09/26/2024
Expiration Date: 12/25/2024
Contract Start:
Contract End:
09/26/2024
09/25/2025
2
This is not an Invoice
VIII-14
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Cody Mathisen – City Engineer
Date: October 7, 2024
Item: Resolution – Approve Detour Agreement No. 1057488 – Highway 316 Mill and Overlay
Council Action Requested:
Attached for Council consideration is a resolution to approve the attached Detour Agreement that will
allow for MnDOT to designate 10th Street East as part of a local detour route during the summer of 2025.
Background Information:
In the summer of 2025, MnDOT will be completing a Mill and Overlay project of Highway 316 beginning
South of the Tuttle Drive roundabout and ending at the intersection of Highway 316 and Highway 61 just
East of Miesville. 10th Street East will be designated as a local detour route for traffic that would
otherwise be using Highway 316 during non-construction times. The duration of this detour is currently
estimated to be a total of 74 days.
The traffic that will be guided to use this route will be from within the City as well as areas south and
east of the City in the immediate vicinity of Hastings. The official regional detour route for through
traffic originating from the Twin Cities core metro as well as from the Red Wing area and beyond will be
Highway 61 and will be signed as such.
Financial Impact:
MnDOT has a policy for compensating municipalities when detour routes for their projects are
facilitated using local streets. The policy uses a method for determining the value of the extra “Road Life
Consumed” by the additional traffic on the local road during the time of the detour. Based on this policy
formula, the City will receive approximately $2,500.
Staff Recommendation:
Staff is recommending the Council adopt the attached resolution approving Detour Agreement No.
1057488 and authorizing the Public Works Director to execute and administer the agreement on the
City’s behalf.
Attachments:
• Resolution
• Detour Map
• Detour Agreement No. 1057488
VIII-15
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolution No. _________
RESOLUTION FOR APPROVAL OF DETOUR AGREEMENT
TRUNK HIGHWAY 316 MILL AND OVERLAY PROJECT
WHEREAS, in the summer of 2025, the Minnesota Department of Transportation (MnDOT) will begin a
project to Mill and Overlay Trunk Highway 316 from just South of the Tuttle Drive Intersection to the
intersection of Highway 316 and US Highway 61 approximately 8.5 miles South of Hastings corporate limits,
and
WHEREAS, this project will require detour routes to facilitate through-traffic flow while the Trunk Highway
316 corridor is under construction, and
WHEREAS, the local area detour route for traffic in the immediate vicinity of Hastings will include 10th Street
East, and
WHEREAS, MnDOT has a policy for compensating municipalities whenever local streets are utilized for detour
routes, and
WHEREAS, MnDOT requires a Detour Agreement to document the application of said policy and amount of
compensation due to a municipality, and
WHEREAS, Detour Agreement No. 1057488 has been assembled to provide said documentation.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that
1. The City Council hereby approves Detour Agreement No. 1057488.
2. The Public Works Director is authorized to execute and administer the agreement.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7TH DAY OF OCTOBER, 2024.
Ayes:
Nays: Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
VIII-15
VIII-15
MnDOT Contract No.: 1057488
-1-
Detour Agreement without Local Maintenance (Cooperative Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF HASTINGS
DETOUR AGREEMENT
For Trunk Highway No. 316 Detour
State Project Number (S.P.): 1926-23
State Project Number (S.P.): 2518-12
Trunk Highway Number (T.H.): 316=316
Federal Project Number: NHPP-HSIP 0316(303)
Original Amount Encumbered
$2,470.03
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of Hastings acting through its City Council ("City").
Recitals
1. The State is about to perform grading, bituminous surfacing, and drainage construction upon, along, and
adjacent to Trunk Highway No. 316 from south junction of Trunk Highway No. (T.H.) 61 to Tuttle Drive under
State Project No. 1926-23 (T.H. 316=316); and
2. The State requires a detour to carry T.H. 316 traffic on Ravenna Trail and 10th Street during the construction;
and
3. The State is willing to reimburse the City for the road life consumed by the detour as hereinafter set forth;
and
4. Minnesota Statutes § 471.59, subdivision 10, § 161.25, and § 161.20, subdivision 2(b), authorize the parties
to enter into this Agreement.
Agreement
1. Term of Agreement
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration Date. This Agreement will expire when the State removes all detour signs, returns the
temporary Trunk Highway detour to the City, and pays for the detour compensation.
2. Agreement Between the Parties
2.1. Detour.
A. Location. The State will establish the T.H. 316 detour route on the following City streets as detailed in
the project plans or Special Provisions:
Stage 2 (NB) – 10th Street, Ravenna Trail (MSAS 133) for a total distance of 1.25 miles.
Stage 3 (NB) – 10th Street, Ravenna Trail (MSAS 133) for a total distance of 1.25 miles.
B. Modification of the Detour Route. The State may modify the detour route or may add additional
roadways to the official detour during construction. The State will request concurrence from the City
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MnDOT Contract No.: 1057488
-2-
Detour Agreement without Local Maintenance (Cooperative Agreements)
for changes to the detour route. If such change increases the States total payment amount over the
maximum obligation in Article 3.2, the Agreement will be amended.
C. Axle Loads and Over-Dimension Loads. Over-dimension loads will not be permitted except in cases of
extreme emergency.
D. Traffic Control Devices. The State may install, maintain, and remove any traffic control devices it
considers necessary to properly control the detoured traffic. The State may paint roadway markings,
such as the centerline, edge lines, and necessary messages.
E. Detour Maintenance. The State will perform any necessary bituminous patching and ordinary
maintenance on the roadway or shoulder of the City streets used for the detour, at no cost or expense
to the City. Bituminous patching is defined as any work, including continuous full width overlays, less
than 100 feet in length. All State expenditures beyond those required for bituminous patching and
ordinary maintenance will be credited against the road life consumed reimbursement due the City.
F. Duration. The State will provide the City with advance notice identifying the dates the State intends to
place and remove the detour signing.
2.2. Basis of State Cost (Road Life Consumed). The State will reimburse the City for the road life consumed by
the detour using the following methods, as set forth in the Detour Management Study Final Report dated
January 1991, and updated by MnDOT's Policy on Cost Participation for Cooperative Construction Projects
and Maintenance Responsibilities between MnDOT and Local Units of Government.
A. The "Gas Tax Method" formula, multiplies the Combined Tax Factor per mile times the Average Daily
Traffic ("ADT") count of vehicles diverted from the Trunk Highway times the city street length in miles
times the duration of the detour in days to determine the State's cost for the road life consumed by the
detour. If an ADT changes, the parties will amend the Agreement.
B. The City may, at its option, perform an "Equivalent Overlay Method" analysis. A State-approved firm, at
no cost or expense to the State, must perform the testing and analysis. The City will keep records and
accounts to verify any claim it might bring against the State for additional costs using the "Equivalent
Overlay Method".
3. Payment
3.1. For Road Life Consumed. $2,487.16 is the State's estimated cost for the road life consumed by the detour
based on the data below:
Stage Tax Factor ADT Road Length
(Miles) Duration (Days) Cost
Stage 2 (NB) 0.00513 4,883 1.25 52 $1,628.24
Stage 3 (NB) 0.00513 5,967 1.25 22 $841.79
Road Life Consumed Amount: $2,470.03
The State's total payment for the road life consumed by the detour is equal to the amount computed by
using the "Gas Tax Method" formula plus any amount determined by using the "Equivalent Overlay
Method" analysis that is in excess of twice the "Gas Tax Method" amount.
3.2. Maximum Obligation. $10,000.00 is the maximum obligation of the State under this Agreement and must
not be exceeded unless the maximum obligation is increased by execution of an amendment to this
Agreement.
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MnDOT Contract No.: 1057488
-3-
Detour Agreement without Local Maintenance (Cooperative Agreements)
3.3. Conditions of Payment. The State will pay the City the State's total road life consumed payment amount
after performing the following conditions.
A. Execution of this Agreement and the City's receipt of the executed Agreement.
B. State's encumbrance of the State's total payment amount.
C. State's removal of all detour signs.
D. State notifies the City of the removal of the detour signs, and the number of days the detour was in
effect.
E. State's receipt of a written request from the City for payment.
4. Release of Road Restoration Obligations
By accepting the State's road life consumed payment plan and total payment amount, the City releases the State
of its obligation, under Minnesota Statutes § 161.25, to restore the city streets used as a T.H. 316 detour to as
good of condition as they were before designation as temporary trunk highways.
5. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
5.1. The State's Authorized Representative will be:
Name, Title: Greg Kern, MnDOT Metropolitan District Traffic Engineering (or successor)
Address: 1500 County Road B2 West, Roseville, MN 55113
Telephone: (651) 775-9167
E-Mail: gregory.kern@state.mn.us
5.2. The City's Authorized Representative will be:
Name, Title: Ryan Stempski, Public Works Director (or successor)
Address: 1225 Progress Drive, Hastings, MN 55033
Telephone: (651) 480-2368
E-Mail: rstempski@hastingsmn.gov
6. Assignment; Amendments; Waiver; Contract Complete
6.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the
provision or the party's right to subsequently enforce it.
6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
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MnDOT Contract No.: 1057488
-4-
Detour Agreement without Local Maintenance (Cooperative Agreements)
7. Liability
The City and State will be responsible for their own acts and omissions, to the extent authorized by law.
Minnesota Statutes § 3.736 governs the State's liability. Minnesota Statutes, Chapter 466 governs the liability of
the City.
8. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
9. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data
created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The
civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either
the City or the State.
10. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
11. Termination; Suspension
11.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
11.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Termination must be by written
or fax notice to the City. The State is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the City will be entitled to payment, determined on a pro rata
basis, for services satisfactorily performed to the extent that funds are available. The State will not be
assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature,
or other funding source, not to appropriate funds.
11.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities, performance, and payments authorized through this Agreement. Any
work performed during a period of suspension will be considered unauthorized work and will be
undertaken at the risk of non-payment.
12. Force Majeure
No party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond
a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of
God, labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
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MnDOT Contract No.: 1057488
-5-
Detour Agreement without Local Maintenance (Cooperative Agreements)
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Signed:
Date:
SWIFT Purchase Order: 3000776575
CITY OF HASTINGS
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Approved:
By:
(District Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF THE RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
VIII-15
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 7, 2024
Item: Xcel Interconnection Agreement
Council Action Requested: Approve Interconnection Agreement with
Excel Energy.
Background Information: Improvements to the Hastings Civic Arena
include installation of a solar array on the West Rink Roof. To integrate the
solar array with the electrical grid, a interconnection agreement with Xcel
Energy, our electrical supplier, is necessary. The installation and connection
of the solar array is anticipated to occur in 2024.
Staff recommend approval of the interconnection agreement subject to
minor modifications as approved by the City Attorney.
Financial Impact: Positive impact on City budget is expected through an
annual reduction in overall electrical expanses.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Interconnection Agreement
VIII-16
414 Nicollet Mall
Minneapolis, MN 55401
1-800-895-4999
xcelenergy.com
Sep 18, 2024
DER Study Results (Design/Construction Required)
Interconnection Customer/Owner Name: City of Hastings
DER Location: 2801 Red Wing Blvd., Hastings Minnesota 55033
Project Description: 125 kW MN DIP Project
Xcel Energy is pleased to deliver a proposed Interconnection Agreement (MN DIA) and good faith estimate which is an
engineering indicative cost estimate for the Minnesota Distributed Energy Resource Interconnection Process (MN DIP)
application for the above-referenced site:
Application # Name / Project Name AC Nameplate Capacity (kW)
05766897 APEX - City Of Hastings Ice Arena 125
The engineering indicative cost estimate has identified scope and costs to accommodate 125 kW at .98 leading power factor, or
where applicable the dynamic power factor, as described in Attachment 5.
This fixed power factor is required to keep steady state voltages within the ANSI C84.1-2011 Range A on the electric
distribution system serving this site.
Our indicative estimated cost for proceeding with maximum kW allowed for this proposed project at the above site is $ . 0.00
This is the sum of the amounts in Attachments 2 and 6 contained in the attached Interconnection Agreement (MN DIA).
For applications subject to the Xcel Energy Cost Sharing Program, which applies to applications under 40 kW AC
deemed complete after January 1, 2023: The Cost Sharing Fund has allocated $ for the above work. This leaves the0.00
Interconnection Customer's up-front share of the above work as $ . A description of required upgrades can be found in0.00
Attachments 2 and 6.
This estimate is based on the content of the application as of the date it was deemed complete and we began our review for
purposes of determining the good faith indicative estimated cost within the MN DIP time frame as set forth in our tariff. Please
keep in mind that the costs in Attachments 2 and 6 are based on general assumptions as outlined in the MN DIA and any
project-specific information provided or reviewed as part of the Facilities Study performed under MN DIP Attachment 7. The
above figures can vary significantly and the customer will be responsible for the actual costs of the project.
The milestone schedule is outlined in Attachment 4 to the attached MN DIA. Please review this closely as this has particular
requirements including the manner and method of providing notice for completion of certain milestone line items.
Please note that you need to provide or verify certain information or signatures on the following:
1.) Provide contact or identifying information on Sheets 251, 271, 272 and 273 of the attached MN DIA,
2.) Sign the MN DIA on Sheet 273,
3.) Sign Attachment 4 to the attached MN DIA,
4.) Provide the 24/7 contact information on Attachment 5, par. 9.3 to the attached MN DIA.
You have the option of further proceeding with this project at the capacity allowed based on the provisions of the attached MN
DIA, consistent with MN DIP 5.1.2, if within 30 Business Days of this letter you sign and return the attached MN DIA with the
other information and signatures detailed above. If this is not timely done, your application shall be deemed withdrawn and the
attached proposed MN DIA cannot be used. Consistent with MN DIP 5.6.4.1. by the time you sign the MN DIA you also must
pay the full amount of the above estimated cost not covered by the Cost Sharing Fund (if applicable). You agree to pay the
actual costs consistent with the MN DIA and comply with all provisions of the applicable agreements and tariffs.
VIII-16
Pursuant to Minn. R. 7835.4750, please note that the Commission’s interconnection standards as established in MPUC Docket
No. E002/M-18-714 (or subsequent docket) are set forth in our Section 10 Tariff which as of the date of this letter is available at
this link:
https://www.xcelenergy.com/staticfiles/xe-responsive/Company/Rates%20&%20Regulations/Rate%20Cases/Me_Section_10.pdf
Consistent with the MPUC’s January 22, 2020 order in Docket No. E-999/CI-16-521, the MinnesotaTechnical Requirements
comprise both the TIIR and TSM which first became effective on July 1, 2020. After this effective date, the current versions of
the TIIR and the Area EPS Operator’s TSM can be accessed at the following link:
. In the event that this link changes over time or no longerhttps://www.xcelenergy.com/working_with_us/how_to_interconnect
points to the then-current TIIR or TSM, the Interconnection Customer can contact the Area EPS Operator for instruction on how
to access the then-current versions of these documents.
In addition to the information in the MN DIA, we want to alert you that for us to execute this MN DIA, if the name of your
corporation or LLC on the MN DIA is not registered with the Minnesota Secretary of State (either as a Minnesota corporation,
Minnesota LLC, or as an out of state corporation or LLC transacting business in Minnesota) you will need to provide
documentation showing that this is a legal entity.
1. We only want to enter into contracts with legal entities (such as corporations, LLCs or persons). We intend to verify
that each entity claiming to be a corporation or LLC is a legal entity through the Minnesota Secretary of State website. If
the legal entity has been formed in another state, you must provide us documentation showing this.
2. If this is not a legal entity, you must immediately provide us with the name(s) of actual legal entities to put on the
applicable MN DIA. Any adjustments to your Interconnection Agreement documents to accommodate a request for
changing names will not extend your 30 Business Day timeline to execute the MN DIA and all associated payments and
other requirements. Please plan accordingly.
Study Results and Construction Estimates:
This letter and the attached MN DIA together provide system requirements and cost estimates of system modifications
necessary for interconnection of the project identified above. The requirements for this project have been broken into two
sections: operational requirements and system modifications. Operational requirements include DER facility size, settings, or
procedures necessary to interconnect the proposed system. System modifications are physical equipment modifications that
Xcel Energy will need to make to distribution and substation facilities for the interconnection to be feasible.
A model of the feeder, on which the DER unit would interconnect, was created for the purpose of studying the feasibility of the
proposed interconnection. The system impact study analyzed rapid voltage change, grounding issues, metering/monitoring, and
short circuit protection to determine impacts on the Xcel Energy distribution system.
In addition, a facility study has been prepared to determine the above referenced good faith engineering indicative estimate of
Distribution and Substation costs required to accommodate this
project. This facility study was based on the data provided by the Interconnection Customer as part of MN DIP Attachment 7.
However, the indicative cost estimate is generally based on typical conditions encountered on past construction projects, which
may or may not be directly comparable.
Below is a list of additional considerations uncovered during the study.
Operational
Short Circuit Analysis
Additional fault current information may be found in the Xcel
Energy Standard for and Use book.Electric Service
Secondary services refer to Tables found in Section 5.
These values can and will change due to various
circumstances. Xcel Energy personnel shall not be held
responsible for any damage to property or person resulting
from the use of this data.
These values do not include the applied-for DER
contribution.
A transmission system assessment is not required.
VIII-16
Please upload the executed MN DER Interconnection Agreement (MN DIA) package (including attachments) to the portal.
Please contact us at SolarProgramMN@xcelenergy.com if you have any questions regarding this information.
We look forward to working with you to bring more DER choices to our customers.
Thank you,
Minnesota Solar*Rewards Program
Xcel Energy
414 Nicollet Mall, 401-6, Minneapolis, MN 55401
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 250
Minnesota Distributed Energy Resource Interconnection Agreement (MN DIA)
V. 2.3
(As adopted for Northern States Power Company)
Table of Contents
ARTICLE 1. SCOPE AND LIMITATIONS OF AGREEMENT ................................................................. 10-251
ARTICLE 2. INSPECTION, TESTING, AUTHORIZATION, AND RIGHT OF ACCESS ......................... 10-254
ARTICLE 3. EFFECTIVE DATE, TERM, TERMINATION, AND DISCONNECTION ............................. 10-255
ARTICLE 4. COST RESPONSIBILITY FOR INTERCONNECTION FACILITIES AND DISTRIBUTION
UPGRADES ........................................................................................................................................... 10-258
ARTICLE 5. COST RESPONSIBILITY FOR NETWORK UPGRADES ................................................. 10-258
ARTICLE 6. BILLING, PAYMENT, MILESTONES, AND FINANCIAL SECURITY ................................. 10-260
ARTICLE 7. ASSIGNMENT, LIABILITY, NON-WARRANTY, INDEMNITY, FORCE MAJEURE,
CONSEQUENTIAL DAMAGES, AND DEFAULT .................................................................................. 10-261
ARTICLE 8. INSURANCE ..................................................................................................................... 10-264
ARTICLE 9. CONFIDENTIALITY .......................................................................................................... 10-264
ARTICLE 10. DISPUTES ...................................................................................................................... 10-266
ARTICLE 11. TAXES ............................................................................................................................. 10-267
ARTICLE 12. MISCELLANEOUS .......................................................................................................... 10-267
ARTICLE 13. NOTICES ........................................................................................................................ 10-270
ARTICLE 14. SIGNATURES ................................................................................................................. 10-273
ATTACHMENT 1: GLOSSARY OF TERMS .......................................................................................... 10-274
ATTACHMENT 2: DESCRIPTION AND COSTS OF THE DISTRIBUTED ENERGY RESOURCE,
INTERCONNECTION FACILITIES, AND METERING EQUIPMENT ................................................... 10-280
ATTACHMENT 3: ONE-LINE DIAGRAM DEPICTING THE DISTRIBUTED ENERGY RESOURCE,
INTERCONNECTION FACILITIES, METERINGEQUIPMENT, AND UPGRADES ............................. 10-281
ATTACHMENT 4: MILESTONES .......................................................................................................... 10-282
ATTACHMENT 5: ADDITIONAL OPERATING AND MAINTENANCE REQUIREMENTS FOR THE
AREA EPS OPERATOR’S DISTRIBUTION SYSTEM AND AFFECTED SYSTEMS NEEDED TO
SUPPORT THE INTERCONNECTION CUSTOMER’S NEEDS .......................................................... 10-283
ATTACHMENT 6: AREA EPS OPERATOR’SDESCRIPTION OF DISTRIBUTION AND NETWORK
UPGRADES AND GOOD FAITH ESTIMATES OF UPGRADE COSTS .............................................. 10-284
(Continued on Sheet No. 10-251)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 251
This Interconnection Agreement (“Agreement”) is made and entered into Sep 18, 2024 by Northern States
Power Company, a Minnesota corporation, doing business as Xcel Energy (“Area EPS Operator”), and City
of Hastings (“Interconnection Customer”) each hereinafter sometimes referred to individually as “Party” or
both referred to collectively as the “Parties.”
Area EPS Operator Information
Area EPS Operator: Northern States Power Company, a Minnesota corporation
Attention: DER Interconnection
Address: 414 Nicollet Mall (401 - 6th Floor)
City: State: Zip: Minneapolis MN 55401
Phone: 1-800-895-4999
Email: SRCMN@xcelenergy.com (for Solar*Rewards Community (Community Solar Gardens))
SolarProgramMN@xcelenergy.com (for all other DER interconnections)
Interconnection Customer Information
Interconnection Customer:City of Hastings
Attention: APEX - City Of Hastings Ice Arena
Address: 2801 Red Wing Blvd.
City: Hastings State: Minnesota Zip: 55033
Phone: 651-480-2350 Email: mayormary@hastingsmn.gov
Interconnection Customer Application No: 05766897
Distributed Energy Resource Information (To be completed by the Area EPS Operator)
Type of DER System (e.g.Solar, Wind, CHP, Solar+Storage): Solar PV
Nameplate Rating: 125 kW (ac); DER capacity (as described in MN DIP 5.14.3): 125.000 kW (ac)
Address of DER System: (DER Street Address or GPS Coordinates, if applicable) 2801 Red Wing Blvd.
City: Hastings State: Minnesota Zipcode: 55033
In consideration of the mutual covenants set forth herein, the Parties agree as follows:
1. Article 1. Scope and Limitations of Agreement
1.1 This Agreement is intended to provide for the Interconnection Customer to interconnect atthe
Point of Common Coupling and operate a Distributed Energy Resource with a Nameplate
Rating of 10 Megawatts (MW) or less in parallel with the Arena EPS at the location identified
above and in the Interconnection Application.
(Continued on Sheet No. 10-252)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 252
1.2 This Agreement shall be used for all Interconnection Applications submitted under the
Minnesota Distributed Energy Resources Interconnection Process (MN DIP) except for those
submitted and processed under the Simplified Process contained in MN DIP Section 2 or
qualify and chooses under MN DIP Section 1.1.5 for the Uniform Statewide Contract to replace
the need for this Agreement.
1.3 This Agreement governs the terms and conditions under which the Interconnection Customer’s
Distributed Energy Resource will interconnect with, and operate in parallel with, the Area EPS
Operator’s Distribution System.
1.4 Capitalized terms used herein shall have the meanings specified in the Glossary of Terms in
Attachment 1, the MN DIP, or the body of this Agreement.
1.5 This Agreement does not constitute an agreement to purchase or deliver the Interconnection
Customer’s power. The purchase or delivery of power and other services that the
Interconnection Customer may require will be covered under separate agreements, if any. The
Interconnection Customer will be responsible for separately making all necessary
arrangements (including scheduling) for delivery of electricity with the applicable Area EPS
Operator.
1.6 Nothing in this Agreement is intended to affect any other agreement between the Area EPS
Operator and the Interconnection Customer.
1.7 Responsibilities of the Parties
1.7.1 The Parties shall perform all obligations of this Agreement in accordance with the MN
DIP, Minnesota Technical Requirements, all Applicable Laws and Regulations,
Operating Requirements, and Good Utility Practice.
1.7.2 The Interconnection Customer shall construct, interconnect, operate and maintain its
Distributed Energy Resource and construct, operate, and maintain its Interconnection
Facilities in accordance with the applicable manufacturer’s recommended
maintenance schedule and, in accordance with this Agreement, and with Good Utility
Practice.
1.7.3 The Area EPS Operator shall construct, operate, and maintain its Distribution System
and its Interconnection Facilities in accordance with this Agreement, and with Good
Utility Practice.
(Continued on Sheet No. 10-253)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT(MN DIA)Original Sheet No. 253
1.7.4 The Interconnection Customer agrees to construct its facilities or systems in
accordance with the Minnesota Technical Requirements and this Agreement;
including, applicable specifications that meet or exceed those provided by the
National Electrical Safety Code, the AmericanNational Standards Institute,
IEEE,Underwriter’s Laboratory, and Operating Requirements in effect at the time of
construction and other applicable national and state codes and standards. The
Interconnection Customer agrees to design, install, maintain, and operate its
Distributed Energy Resource so as toreasonably minimize the likelihood of a
disturbance adversely affecting or impairing the system or equipment of the Area
EPS Operator and any Affected Systems.
1.7.5 Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible
for the facilities that it now owns or subsequently owns unless otherwise specified in
the Attachments to this Agreement. Each Party shall be responsible for the safe
installation, maintenance, repair and condition of their respective lines and
appurtenances on their respective sides of the point of common coupling. The Area
EPS Operator and the Interconnection Customer, as appropriate, shall provide
Interconnection Facilities that adequately protect the Area EPS Operator’s
Distribution System, personnel, and other persons from damage and injury. The
allocation of responsibility for the design, installation, operation, maintenance and
ownership of Interconnection Facilities shall be delineated in the Attachments to this
Agreement.
1.7.6 The Area EPS Operator shall coordinate with all Affected Systems to support the
interconnection.
1.8 Parallel Operation Obligations
Once the Distributed Energy Resource has been authorized to commence parallel operation,
the Interconnection Customer shall abide by all rules and procedures pertaining to the parallel
operation of the Distributed Energy Resource in the applicable control area, including, but not
limited to; 1) the rules and procedures concerning the operation of generation set forth in the
Tariff or by the applicable system operator(s) for the Area EPS Operator’s Distribution System
provided or referenced in an attachment to this Agreement and; 2) the Operating
Requirements set forth in Attachment 5 of this Agreement. The Minnesota Technical
Requirements for interconnection are covered in a separate document, a copy of which has
been made available to the Interconnection Customer and incorporated and made part of this
Agreement by this reference.
1.9 Metering
As described in MN DIP 5.4, the Interconnection Customer shall be responsible for the Area
EPS Operator’s reasonable and necessary cost for the purchase, installation, operation,
maintenance, testing, repair, and replacement of metering and data acquisition equipment
specified in Attachments 2 and 3 of this Agreement. The Interconnection Customer’s metering
(and data acquisition, as required) equipment shall conform to applicable industry rules and
Operating
Requirements.
(Continued on Sheet No. 10-254)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATEBOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 254
1.10 Distributed Energy Resource Capabilities and Grid Reliability
1.10.1 The Minnesota Technical Requirements outlines the Parties responsibilities
consistent with IEEE 1547 Standard for Interconnection and Interoperability of
Distributed Energy Resources with Associated Electric Power Systems Interfaces
which provides requirements relevant to the interconnection and interoperability
performance, operation and testing, and, to safety, maintenance and security
considerations.
1.10.2 The Area EPS Operator may offer the Interconnection Customer the option to utilize
required DER capabilities to mitigate Interconnection Customer costs related to
Upgrades or Interconnection Facilities to address anticipated system impacts from
the engineering review (i.e., Initial Review, Supplemental Review, or Study Process
described in the MN DIP.)
2. Article 2. Inspection, Testing, Authorization, and Right of Access
2.1 Equipment Testing and Inspection
As described in MN DIP Section 5.7, the Interconnection Customer shall test and inspect its
Distributed Energy Resource and Interconnection Facilities prior to interconnection pursuant
to Minnesota Technical Requirements and this Agreement.
2.2 Authorization Required Prior to Parallel Operation
As described in MN DIP Section 5.8, the Area EPS Operator shall use Reasonable Efforts to
list applicable parallel operation requirements by attaching the Minnesota Technical
Requirements and/or including them in Attachment 5 to this Agreement. Additionally, the Area
EPS Operator shall notify the Interconnection Customer of any changes to these requirements
as soon as they are known. Pursuant to the MN DIP 5.8.2, the Interconnection Customer shall
not operate its Distributed Energy Resource in parallel with the Area EPS Operator’s
Distribution System without prior written authorization of the Area EPS Operator.
2.3 Right of Access
2.3.1 Upon reasonable notice, the Area EPS Operator may send a qualified person to the
premises of the Interconnection Customer at or immediately before the time the
Distributed Energy Resource first produces energy to inspect the interconnection,
and observe the commissioning of the Distributed Energy Resource (including any
required testing), startup, and operation for a period of up to three Business Days
after initial startup of the unit. In addition, the Interconnection Customer shall notify
the Area EPS Operator at least five Business Days prior to conducting any on-site
verification testing of the Distributed Energy Resource.
(Continued on Sheet No. 10-255)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 255
2.3.2 Following the initial inspection process described above, at reasonable hours, and
upon reasonable notice, or at any time without notice in the event of an emergency
or hazardous condition, the Area EPS Operator shall have access to the
Interconnection Customer’s premises for any reasonable purpose in connection with
the performance of the obligations imposed on it by this Agreement or if necessary
to meet its legal obligation to provide service to its customers.
2.3.3 Each Party shall be responsible for its costs associated with following this article as
outlined in MN DIP Section 5.7.2 and the Minnesota Technical Requirements.
3. Article 3. Effective Date, Term, Termination, and Disconnection
3.1 Effective Date
This Agreement shall become effective upon execution by the Parties.
3.2 Term of Agreement
This Agreement shall become effective on the Effective Date and shall remain in effect from
the Effective Date unless terminated earlier in accordance with article 3.3 of this Agreement.
3.3 Termination
No termination shall become effective until the Parties have complied with all Applicable Laws
and Regulations applicable to such termination.
3.3.1 The Interconnection Customer may terminate this Agreement at any time by giving
the Area EPS Operator 20 Business Days written notice.
Either Party may terminate this Agreement after Default pursuant to article 7.7.
3.3.3 Upon termination of this Agreement, the Distributed Energy Resource will be
disconnected from the Area EPS Operator’s Distribution System. All costs required
to effectuate such disconnection shall be borne by the terminating Party, unless
such termination resulted from the non-terminating Party’s Default of this MN DIA or
such non-terminating Party otherwise is responsible for these costs under this MN
DIA.
3.3.4
3.3.5 The provisions of this article shall survive termination or expiration of this
Agreement.
(Continued on Sheet No. 10-256)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 256
3.4 Temporary Disconnection
Temporary disconnection shall continue only for so long as reasonably necessary under Good
Utility Practice.
3.4.1 Emergency Conditions
Under Emergency Conditions, the Area EPS Operator may immediately suspend
interconnection service and temporarily disconnect the Distributed Energy Resource.
The Area EPS Operator shall use Reasonable Efforts to notify the Interconnection
Customer promptly when it becomes aware of an Emergency Condition that may
reasonably be expected to affect the Interconnection Customer’s operation of the
Distributed Energy Resource. The Interconnection Customer shall use Reasonable
Efforts to notify the Area EPS Operator promptly when it becomes aware of an
Emergency Condition that may reasonably be expected to affect the Area EPS
Operator’s Distribution System or any Affected Systems. To the extent information is
known, the notification shall describe the Emergency Condition, the extent of the
damage or deficiency, the expected effect on the operation of both Parties’ facilities
and operations, its anticipated duration, and the necessary corrective action.
3.4.2 Routine Maintenance, Construction, and Repair
The Area EPS Operator may interrupt interconnection service or curtail the output of
the Distributed Energy Resource and temporarily disconnect the Distributed Energy
Resource from the Area EPS Operator’s Distribution System when necessary for
routine maintenance, construction, or repairs on the Area EPS Operator’s
Distribution System. The Area EPS Operator shall use Reasonable Efforts to provide
the Interconnection Customer with three Business Days notice prior to such
interruption. The Area EPS Operator shall use Reasonable Efforts to coordinate
such reduction or temporary disconnection with the Interconnection Customer.
3.4.3 Forced Outage
During any forced outage, the Area EPS Operator may suspend interconnection
service to effect immediate repairs on the Area EPS Operator’s Distribution System.
The Area EPS Operator shall use Reasonable Efforts to provide the Interconnection
Customer with prior notice. If prior notice is not given, the Area EPS Operator shall,
upon request, provide the Interconnection Customer written documentation after the
fact explaining the circumstances of the disconnection.
(Continued on Sheet No. 10-257)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 257
3.4.4 Adverse Operating Effects
The Area EPS Operator shall notify the Interconnection Customer as soon as
practicable if, based on Good Utility Practice, operation of the Distributed Energy
Resource may cause disruption or deterioration of service to other customers served
from the same electric system, or if operating the Distributed Energy Resource could
cause damage to the Area EPS Operator’s Distribution System or Affected Systems.
Supporting documentation used to reach the decision to disconnect shall be
provided to the Interconnection Customer upon request. If, after notice, the
Interconnection Customer fails to remedy the adverse operating effect within a
reasonable time, the Area EPS Operator may disconnect the Distributed Energy
Resource. The Area EPS Operator shall provide the Interconnection Customer with
five Business Day notice of such disconnection, unless the provisions of article 3.4.1
apply.
3.4.5 Modification of the Distributed Energy Resource
The Interconnection Customer must receive written authorization from the Area EPS
Operator before making any change to the Distributed Energy Resource that may
have a material impact on the safety or reliability of the Distribution System. Such
authorization shall not be unreasonably withheld if the modification is not a Material
Modification. Material Modifications, including an increase nameplate rating or
capacity, may require the Interconnection Customer to submit a new Interconnection
Application as described in MN DIP Section 1.6.2. If the Interconnection Customer
makes such modification without theAreaEPS Operator’s prior writtenauthorization,
the latter shall have the right to temporarily disconnect the Distributed Energy
Resource.
3.4.6 Reconnection
The Parties shall cooperate with each other to restore the DistributedEnergy
Resource, Interconnection Facilities, and the Area EPS Operator’s Distribution
System to their normal operating state as soon as reasonably practicable following
atemporary disconnection.
3.4.7 Treatment Similar to Other Retail Customers
If the Interconnection Customer receives retail electrical service at the same site as
the Distributed Energy Resource, it may also be disconnected consistent with the
rules and practices for disconnecting other retail electrical customers.
3.4.8 Disconnection for Default
If the Interconnection Customer is in Default it may be disconnected after a 60 day
written notice is provided and the Default is not cured during this 60 day notice. This
provision does not apply to disconnection based on Emergency Conditions.
(Continued on Sheet No. 10-258)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 258
4. Article 4. Cost Responsibility for Interconnection Facilities and Distribution Upgrades
4.1 Interconnection Facilities
4.1.1 The Interconnection Customer shall pay for the cost of the Interconnection Facilities
itemized in Attachment 2 of this Agreement. The Area EPS Operator shall provide a
good faith estimate cost, including overheads, for the purchase and construction of
its Interconnection Facilities and provide a detailed itemization of such costs. Costs
associated with Interconnection Facilities may be shared with other entities that may
benefit from such facilities by agreement of the Interconnection Customer, such
other entities, and the Area EPS Operator.
4.1.2 The Interconnection Customer shall be responsible for its share of all reasonable
expenses, including overheads, associated with (1) owning, operating, maintaining,
repairing, and replacing its own Interconnection Facilities, and (2) operating,
maintaining, repairing, and replacing the Area EPS Operator’s Interconnection
Facilities.
4.2 Distribution Upgrades
The Area EPS Operator shall design, procure, construct, install, and own the Distribution
Upgrades described in Attachment 6 of this Agreement. The Area EPS Operator shall provide
a good faith estimate cost, including overheads, for the purchase and construction of the
Distribution Upgrades and provide a detailed itemization of such costs. If the Area EPS
Operator and the Interconnection Customer agree, the Interconnection Customer may
construct Distribution Upgrades that are located on land owned by the Interconnection
Customer. The actual cost of the Distribution Upgrades, including overheads, shall be directly
assigned to the Interconnection Customer.
5. Article 5. Cost Responsibility for Network Upgrades
5.1 Applicability
No portion of this Article 5 shall apply unless the interconnection of the Distributed Energy
Resource requires Network Upgrades.
5.2 Network Upgrades
The Area EPS Operator or the Transmission Owner shall design, procure, construct, install,
and own the Network Upgrades described in Attachment 6 of this Agreement. The Area EPS
Operator shall provide a good faith estimate cost, including overheads, for the purchase and
construction of the Network Upgrades and provide a detailed itemization of such costs. If the
Area EPS Operator and the Interconnection Customer agree, the Interconnection Customer
may construct Network Upgrades that are located on land owned by the Interconnection
Customer. Unless the Area EPS Operator elects to pay for Network Upgrades, the actual cost
of the Network Upgrades, including overheads, shall be borne initially by the Interconnection
Customer.
(Continued on Sheet No. 10-259)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 259
5.2.1 Repayment of Amounts Advanced for Network Upgrades
The Interconnection Customer shall be entitled to a cash repayment, equal to the
total amount paid to the Area EPS Operator and Affected System operator, if any, for
Network Upgrades, including any tax gross-up or other tax-related payments
associated with the Network Upgrades, and not otherwise refunded to the
Interconnection Customer, to be paid to the Interconnection Customer on a
dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as
payments are made under the Area EPS Operator’s Tariff and Affected System’s
Tariff for transmission services with respect to the Distributed Energy Resource. Any
repayment shall include interest calculated in accordance with the methodology set
forth in FERC’s regulations at 18 C.F.R. § 35.19a(a)(2)(iii) from the date of any
payment for Network Upgrades through the date on which the Interconnection
Customer receives a repayment of such payment pursuant to this subparagraph.
The Interconnection Customer may assign such repayment rights to any person.
5.2.1.1 Notwithstanding the foregoing, the Interconnection Customer, the Area
EPS Operator, and any applicable Affected System operators may adopt
any alternative payment schedule that is mutually agreeable so long as
the Area EPS Operator and said Affected System operators take one of
the following actions no later than five years from the Commercial
Operation Date: (1) return to the Interconnection Customer any amounts
advanced for Network Upgrades not previously repaid, or (2) declare in
writing that the Area EPS Operator or any applicable Affected System
operators will continue to provide payments to the Interconnection
Customer on a dollar-for-dollar basis for the non-usage sensitive portion of
transmission charges, or develop an alternative schedule that is mutually
agreeable and provides for the return of all amounts advanced for
Network Upgrades not previously repaid; however, full reimbursement
shall not extend beyond 20 years from the commercial operation date.
5.2.1.2 If the Distributed Energy Resource fails to achieve commercial operation,
but it or another Distributed Energy Resource is later constructed and
requires use of the Network Upgrades within five (5) years of being
constructed, the Area EPS Operator and Affected System operator (after
receiving payment in the amount of the cost to build these Network
Upgrades from the other Distributed Energy Resource who is expected to
use the Network Upgrades) shall at that time reimburse the
Interconnection Customer for the amounts advanced for the Network
Upgrades. Before any such reimbursement can occur, the
Interconnection Customer, or the entity that ultimately constructs the
Distributed Energy Resource, if different, is responsible for identifying the
entity to which reimbursement must be made.
(Continued on Sheet No. 10-260)
Date Filed:12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 260
5.3 Special Provisions for Affected Systems
Unless the Area EPS Operator provides, under this Agreement, for the repayment of amounts
advanced to any applicable Affected System operators for Network Upgrades, the
Interconnection Customer and Affected System operator shall enter into an agreement that
provides for such repayment. The agreement shall specify the terms governing payments to be
made by the Interconnection Customer to Affected System operator as well as the repayment
by Affected System operator.
5.4 Rights Under Other Agreements
Notwithstanding any other provision of this Agreement, nothing herein shall be construed as
relinquishing or foreclosing any rights, including but not limited to firm transmission rights,
capacity rights, transmission congestion rights, or transmission credits, that the Interconnection
Customer shall be entitled to, now or in the future, under any other agreement or tariff as a
result of, or otherwise associated with, the transmission capacity, if any, created by the
Network Upgrades, including the right to obtain cash reimbursements or transmission credits
for transmission service that is not associated with the Distributed Energy Resource.
Article 6. Billing, Payment, Milestones, and Financial Security
6.1 Billing and Payment Procedures and Final Accounting
6.1.1 The Area EPS Operator shall bill the Interconnection Customer for the design,
engineering, construction, and procurement costs of Interconnection Facilities and
Upgrades contemplated by this Agreement, and the Interconnection Customer shall
pay eachbill, pursuant to the MN DIP 5.6.5, or as otherwise agreed to by the Parties.
6.1.2 Within 80 Business Days (approximately 4 calendar months) of completing the
construction and installation of the Area EPS Operator’s Interconnection Facilities
and/or Upgrades described in the Attachments to this Agreement, the Area EPS
Operator shall provide the Interconnection Customer with a final accounting report,
as described in the MN DIP 5.6.6.
6.2 Milestones
Pursuant to the MN DIP 4.4.5, 5.6.2 and 5.6.3, the Parties shall agree on milestones for which
each Party is responsible and list them in Attachment 4 of this Agreement.
6.3 Financial Security Arrangements
Pursuant to the MN DIP 5.6.4, the Interconnection Customer shall provide the Area EPS
Operator, at the Interconnection Customer’s option, a guarantee, letter of credit or other form
of security that is reasonably acceptable to the Area EPS Operatorand is consistent with the
Minnesota Uniform Commercial Code. Such security for payment shall be in an amount
sufficient to cover the costs for constructing, designing, procuring, and installing the applicable
portion of the Area EPS Operator’s Interconnection Facilities and Upgrades and shall be
reduced on a dollar-for-dollar basis for payments made to the Area EPS Operator under this
Agreement during its term. In addition:
(Continued on Sheet No. 10-261)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 261
6.3.1 The guarantee must be made by an entity that meets the creditworthiness
requirements of the Area EPS Operator, and contain terms and conditions that
guarantee payment of any amount that may be due from the Interconnection
Customer, up to an agreed-to maximum amount.
6.3.2 The letter of credit must be issued by a financial institution or insurer reasonably
acceptable to the Area EPS Operator and must specify a reasonable expiration date
not sooner than sixty (60) Business Days (three calendar months) after the due date
for the issuance of the final bill.
7. Article 7. Assignment, Liability, Non-Warranty, Indemnity, Force Majeure, Consequential Damages,
and Default
7.1 Assignment
This Agreement may be assigned by either Party upon 15 Business Days prior written notice
and opportunity to object by the other Party; provided that:
7.1.1 Either Party may assign this Agreement without the consent of the other Party to any
affiliate of the assigning Party with an equal or greater credit rating and with the legal
authority and operational ability to satisfy the obligations of the assigning Party under
this Agreement, provided that the Interconnection Customer promptly notifies the
Area EPS Operator of any such assignment.
7.1.2 The Interconnection Customer shall have the right to assign this Agreement, without
the consent of the Area EPS Operator, for collateral security purposes to aid in
providing financing for the Distributed Energy Resource, provided that the
Interconnection Customer will promptly notify the Area EPS Operator of any such
assignment.
7.1.3 Any attempted assignment that violates this article is void and ineffective.
Assignment shall not relieve a Party of its obligations, nor shall a Party’s obligations
be enlarged, in whole or in part, by reason thereof. An assignee is responsible for
meeting the same financial, credit, and insurance obligations as the Interconnection
Customer. Where required, consent to assignment will not be unreasonably withheld,
conditioned or delayed.
7.2 Limitation of Liability
Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense,
including reasonable attorney’s fees, relating to or arising from any act or omission in its
performance of this Agreement, shall be limited to the amount of direct damage actually
incurred. In no event shall either Party be liable to the other Party for any indirect, special,
consequential, or punitive damages, except as authorized by this Agreement.
(Continued on Sheet No. 10-262)
By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECTION AGREEMENT (MN DIA)Original Sheet No. 262
7.3 Non-Warranty
The Area EPS Operator does not give any warranty, expressed or implied, as to the adequacy,
safety, or other characteristics of any structures, equipment, wires, appliances or devices
owned, installed or maintained by the Interconnection Customer, including without limitation
the Distributed Energy Resource and any structures, equipment, wires, appliances or devices
not owned, operated or maintained by the Area EPS Operator.
7.4 Indemnity
7.4.1 This provision protects each Party from liability incurred to third parties as a result of
carrying out the provisions of this Agreement. Liability under this provision is exempt
from the general limitations on liability found in article 7.2.
7.4.2 The Parties shall at all times indemnify, defend, and hold the other Party harmless
from, any and all damages, losses, claims, including claims and actions relating to
injury to or death of any person or damage to property, demand, suits, recoveries,
costs and expenses, court costs, attorney fees, and all other obligations by or to third
parties, arising out of or resulting from the other Party’s action or failure to meet its
obligations under this Agreement on behalf of the indemnifying Party, except in
cases of gross negligence or intentional wrongdoing by the indemnified Party.
7.4.3 This indemnification obligation shall apply notwithstanding any negligent or
intentional acts, errors or omissions of the Indemnified Party, but the Indemnifying
Party’s liability to indemnify the Indemnified Party shall be reduced in proportion to
the percentage by which the Indemnified Party’s negligent or intentional acts, errors
or omissions caused the damage.
7.4.4 Neither Party shall be indemnified for its damages resulting from its sole negligence,
intentional acts or willful misconduct. These indemnity provisions shall not be
construed to relieve any insurer of its obligation to pay claims consistent with the
provisions of a valid insurance policy.
7.4.5 If an indemnified person is entitled to indemnification under this article as a result of
a claim by a third party, and the indemnifying Party fails, after notice and reasonable
opportunity to proceed under this article, to assume the defense of such claim, such
indemnified person may at the expense of the indemnifying Party contest, settle or
consent to the entry of any judgment with respect to, or pay in full, such claim.
7.4.6 If an indemnifying party is obligated to indemnify and hold any indemnified person
harmless under this article, the amount owing to the indemnified person shall be the
amount of such indemnified person’s actual loss, net of any insurance or other
recovery.
(Continued on Sheet No. 10-263)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 263
7.4.7 Promptly after receipt by an indemnified person of any claim or notice of the
commencement of any action or administrative or legal proceeding or investigation
as to which the indemnity provided for in this article may apply, the indemnified
person shall notify the indemnifying party of such fact. Any failure of or delay in such
notification shall not affect a Party’s indemnification obligation unless such failure or
delay is materially prejudicial to the indemnifying party.
7.5 Consequential Damages
Other than as expressly provided for in this Agreement, neither Party shall be liable under any
provision of this Agreement for any losses, damages, costs or expenses for any special,
indirect, incidental, consequential, or punitive damages, including but not limited to loss of
profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or
services, whether based in whole or in part in contract, in tort, including negligence, strict
liability, or any other theory of liability; provided, however, that damages for which a Party may
be liable to the other Party under another agreement will not be considered to be special,
indirect, incidental, or consequential damages hereunder.
7.6 Force Majeure
If a Force Majeure Event prevents a Party from fulfilling any obligations under this Agreement,
the Party affected by the Force Majeure Event (Affected Party) shall promptly notify the other
Party, either in writing or via the telephone, of the existence of the Force Majeure Event. The
notification must specify in reasonable detail the circumstances of the Force Majeure Event, its
expected duration, and the steps that the Affected Party is taking to mitigate the effects of the
event on its performance. The Affected Party shall keep the other Party informed on a
continuing basis of developments relating to the Force Majeure Event until the event ends. The
Affected Party will be entitled to suspend or modify its performance of obligations under this
Agreement (other than the obligation to make payments) only to the extent that the effect of
the Force Majeure Event cannot be mitigated by the use of Reasonable Efforts. The Affected
Party will use Reasonable Efforts to resume its performance as soon as possible.
7.7 Default
7.7.1 No Default shall exist where such failure to discharge an obligation (other than the payment of
money) is the result of a Force Majeure Event as defined in this Agreement or the result of an act
or omission of the other Party. Upon a Default, the non-defaulting Party shall give written notice of
such Default to the defaulting Party. Except as provided in article 7.6.2, the defaulting Party shall
have 60 calendar days from receipt of the Default notice within which to cure such Default;
provided however, if such Default is not capable of cure within 60 calendar days, the defaulting
Party shall commence such cure within 20 calendar days after notice and continuously and
diligently complete such cure within six months from receipt of the Default notice; and, if cured
within such time, the Default specified in such notice shall cease to exist.
(Continued on Sheet No. 10-264)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Original Sheet No. 264
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)
7.7.2 If a Default is not cured as provided in this article, or if a Default is not capable of being
cured within the period provided for herein, the non-defaulting Party shall have the right to
terminate this Agreement by written notice at any time until cure occurs, and be relieved of
any further obligation hereunder and, whether or not that Party terminates this Agreement,
to recover from the defaulting Party all amounts due hereunder, plus all other damages and
remedies to which it is entitled at law or in equity. The provisions of this article will survive
termination of this Agreement.
8. Article 8. Insurance
8.1 An Area EPS Operator may only require an Interconnection Customer to purchase insurance
covering damages pursuant to the MN DIP 5.10.
8.2 The Area EPS Operator agrees to maintain general liability insurance or self-insurance
consistent with the Area EPS Operator’s commercial practice. Such insurance or
self-insurance shall not exclude coverage for the Area EPS Operator’s liabilities undertaken
pursuant to this Agreement.
8.3 The Parties further agree to notify each other whenever an accident or incident occurs
resulting in any injuries or damages that are included within the scope of coverage of such
insurance, whether or not such coverage is sought.
8.4 Failure of the Interconnection Customer or Area EPS Operator to enforce the minimum levels
of insurance does not relieve the Interconnection Customer from maintaining such levels of
insurance or relieve the Interconnection Customer of any liability.
9. Article 9. Confidentiality
9.1 Confidential Information shall mean any confidential and/or proprietary information provided by
one Party to the other Party that is clearly marked or otherwise designated “Confidential.” For
purposes of this Agreement, design, operating specifications, and metering data provided by
the Interconnection Customer may be deemed Confidential Information regardless of whether
it is clearly marked or otherwise designated as such. If requested by either Party, the other
Party shall provide in writing the basis for asserting that the information warrants confidential
treatment. Parties providing a Governmental Authority trade secret, privileged or otherwise not
public or nonpublic data under the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, shall identify such data consistent with the Commission’s September 1,
1999 Revised Procedures for Handling Trade Secret and Privileged Data, available online at:
https://mn.gov/puc/puc-documents/#4
(Continued on Sheet No. 10-265)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 265
9.2 Confidential Information does not include information previously in the public domain with
proper authorization, required to be publicly submitted or divulged by Governmental Authorities
(after notice to the other Party and after exhausting any opportunity to oppose such publication
or release), or necessary to be publicly divulged in an action to enforce this Agreement. Each
Party receiving Confidential Information shall hold such information in confidence and shall not
disclose it to any third party nor to the public without the prior written authorization from the
Party providing that information, except to fulfill obligations under this Agreement, or to fulfill
legal or regulatory requirements that could not otherwise be fulfilled by not making the
information public.
9.2.1 Each Party shall hold in confidence and shall not disclose Confidential Information,
to any person (except employees, officers, representatives and agents, who agree to
be bound by this section). Confidential Information shall be clearly marked as such
on each page or otherwise affirmatively identified. If a court, government agency or
entity with the right, power, and authority to do so, requests or requires either Party,
by subpoena, oral disposition, interrogatories, requests for production of documents,
administrative order, or otherwise, to disclose Confidential Information, that Party
shall provide the other Party with prompt notice of such request(s) or requirements(s)
so that the other Party may seek an appropriate protective order or waive
compliance with the terms of this Agreement. In the absence of a protective order or
waiver the Party shall disclose such confidential information which, in the opinion of
its counsel, the party is legally compelled to disclose. Each Party will use reasonable
efforts to obtain reliable assurance that confidential treatment will be accorded any
confidential information so furnished.
9.2.2 Critical infrastructure information or information that is deemed or otherwise
designated by a Party as Critical Energy/Electric Infrastructure Information (CEII)
pursuant to FERC regulation, 18 C.F.R. §388.133, as may be amended from time to
time, may be subject to further protections for disclosure as required by FERC or
FERC regulations or orders and the disclosing Party’s CEII policies.
9.2.3 Each Party shall employ at least the same standard of care to protect Confidential
Information obtained from the other Party as it employs to protect its own
Confidential Information.
9.2.4 Each Party is entitled to equitable relief, by injunction or otherwise, to enforce its
rights under this provision to prevent the release of Confidential Information without
bond or proof of damages, and may seek other remedies available at law or in equity
for breach of this provision.
(Continued on Sheet No. 10-266)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 266
10. Article 10. Disputes
10.1 The Parties agree to attempt to resolve all disputes arising out of the interconnection process
and associated study and interconnection agreements according to the provisions of this
article and MinnesotaAdministrative Rules 7829.1500-7829.1900.More information on the
Commission’s Consumer Affairs Office dispute resolution services is available on the
Commission’s website: https://mn.gov/puc/consumers/help/complaint/
Prior to a written Notice of Dispute, theParty shall contact the other Party and raise the issue and the
relief sought in an attempt to resolve the issue immediately.
10.3 In the event of a dispute, the disputing Party shall provide the other Party a written Notice of
Dispute containing the relevantknown facts pertaining to the dispute, the specific dispute and
the relief sought, and express notice by thedisputing Party that it is invoking the procedures
under this article. The Interconnection Customer may utilize the Commission’s Consumer
Affairs Office’s complaint/inquiry form and Informal Complaint dispute resolution process to
assist with the written Notice of Dispute. The notice shall be sent to the non-disputing Party’s
email address and physical address set forth in the interconnection agreement or
Interconnection Application, if there is no interconnection agreement. If the Interconnection
Customer choosesnot to utilize the Commission’s Consumer Affair Office dispute resolution
process, the Interconnection Customer shall provide an informational electronic copy of the
Notice of Dispute to the Consumer Affairs Office at the Commission at
consumer.puc@state.mn.us.
10.4 The non-disputing Party shall acknowledge the notice within three (3) Business Days of its
receipt and identify a representative with the authority to make decisions for the non-disputing
Party with respect to the dispute.
10.5 The non-disputing Party shall provide the disputing Party with relevant regulatory and/or
technical details and analysis regarding the Area EPS Operator interconnection requirements
under dispute within ten (10) Business Days of the date of the Notice of Dispute. Within
twenty (20) Business Days of the date of the Notice of Dispute, the Parties’ authorized
representatives will be required to meet and confer to try to resolve the dispute. Parties shall
operate in good faith and use best efforts to resolve the dispute.
10.6 If a resolution is not reached in the thirty (30) Business Days from the date of the notice
described in section 10.3, the Parties may 1) if mutually agreed, continue negotiations for up
to an additional twenty (20) Business Days; or 2) either Party may request the Commission’s
Consumer Affairs Office provide mediation in an attempt to resolve the dispute within twenty
(20) Business Days with the opportunity to extend this timeline upon mutual agreement.
Alternatively, both Parties by mutual agreement may request mediation from an outside
third-party mediator with costs to be shared equally between the Parties.
(Continued on Sheet No. 10-267)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 10
MINNESOTA DISTRIBUTED ENERGY RESOURCE
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 267
10.7 If the results of the mediation are not accepted by one or more Parties and there is still
disagreement, the dispute shall proceed to the Commission’s Formal Complaint process as
described in Minn. Rules 7829.1700-1900 unless mutually agreed to continue with informal
dispute resolution.
10.8 At any time, either Party may file a complaint before the Commission pursuant to Minn. Stat.
§216B.164, if applicable, and Commission rules outlined in Minn. Rules Ch. 7829.
11. Article 11. Taxes
11.1 The Parties agree to follow all applicable tax laws and regulations, consistent with Internal
Revenue Service and any other relevant local, state and federal requirements.
11.2 Each Party shall cooperate with the other to maintain the other Party’s tax status. It is
incumbent on the Party seeking to maintain its tax status to provide formal written notice to
the other Party detailing what exact cooperation it is seeking from the other Party well prior to
any deadline by which any such action would need to be taken. Nothing in this Agreement is
intended to adversely affect, if applicable, the Area EPS Operator’s tax exempt status with
respect to the issuance of bonds including, but not limited to, local furnishing bonds.
12. Article 12. Miscellaneous
12.1 Governing Law, Regulatory Authority, and Rules
The validity, interpretation and enforcement of this Agreement and each of its provisions shall
be governed by the Minnesota Public Utilities Commission and the laws of the state of
Minnesota, without regard to its conflicts of law principles. This Agreement is subject to all
Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes
in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.
12.2 Amendment
The Parties may amend this Agreement by a written instrument duly executed by both Parties
under the process described below, or under article 12.12 of this Agreement.
If the Parties seek to amend this Agreement by a written instrument duly executed by both
Parties, this amendment will need to receive Commission approval prior to it being effective.
The Area EPS Operator and Interconnection Customer may seek Commission approval of an
amendment to the Interconnection Agreement for use between them for a specific
Interconnection Application in the following ways:
(Continued on Sheet No. 10-268)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 268
12.2.1 File a Petition with the Commission, or
12.2.2 File a Notice with the Commission of the proposed amendment. The Notice should
include a copy of the amendment showing in redline format how the amendment
would alter the MN DIA between the Area EPS Operator and Interconnection
Customer for the Interconnection Application at issue. If no objection or notice of
intent to object is filed within 30 days, then the proposed amendment would be
considered to be approved by the Commission. If there is a timely filed objection of
notice of intent to object, then the proposed amendment would not be considered to
have been approved by the Commission and could only be used if the Commission
subsequently issues a written order authorizing its use.
12.2.3 Commission approval of an amendment to the Interconnection Agreement is not
needed where such an amendment only addresses updating or correcting: 1)
information specified in the Interconnection Application; 2) exhibits or attachments
to the Interconnection Agreement as long as they are not additional agreements or
requirements not covered in the MN DIP or Minnesota Technical Requirements; or
3) information provided in the blank lines to the MN DIA or Uniform Statewide
Contract forms.
12.3 No Third-Party Beneficiaries
This Agreement is not intended to and does not create rights, remedies, or benefits of any
character whatsoever in favor of any persons, corporations, associations, or entities other
than the Parties, and the obligations herein assumed are solely for the use and benefit of the
Parties, their successors in interest and where permitted, their assigns.
12.4 Waiver
12.4.1 The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement will not be considered a waiver of
any obligation, right, or duty of, or imposed upon, such Party.
12.4.2 Any waiver at any time by either Party of its rights with respect to this Agreement
shall not be deemed a continuing waiveror a waiver with respect to any other failure
to comply with any other obligation, right, duty of this Agreement. Termination or
default of this Agreement for any reason by Interconnection Customer shall not
constitute a waiver of the Interconnection Customer’s legal rights to obtain an
interconnection from the Area EPS Operator. Any waiver of this Agreement shall, if
requested, be provided in writing.
(Continued on Sheet No. 10-269)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO.2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 269
12.5 Entire Agreement
This Agreement, including all Attachments, constitutes the entire agreement between the
Parties with reference to the subject matter hereof, and supersedes all prior and
contemporaneous understandings or agreements, oral or written, between the Parties with
respect to the subject matter of this Agreement. There are no other agreements,
representations, warranties, or covenants which constitute any part of the consideration for,
or any condition to, either Party’s compliance with its obligations under this Agreement. This
Agreement can only be amended or modified in writing signed by both Parties.
12.6 Multiple Counterparts
This Agreement may be executed in two or more counterparts, each of which is deemed an
original but all constitute one and the same instrument. Electronic signatures are acceptable if
the Area EPS Operator has made such a determination pursuant to MN DIP 1.2.1.1.
12.7 No Partnership
This Agreement shall not be interpreted or construed to create an association, joint venture,
agency relationship, or partnership between the Parties or to impose any partnership
obligation or partnership liability upon either Party. Neither Party shall have any right, power
or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or
be an agent or representative of, or to otherwise bind, the other Party.
12.8 Severability
If any provision or portion of this Agreement shall for any reason be held or adjudged to be
invalid or illegal or unenforceable by any court of competent jurisdiction or other
Governmental Authority, (1) such portion or provision shall be deemed separate and
independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the
benefits to each Party that were affected by such ruling, and (3) the remainder of this
Agreement shall remain in full force and effect.
12.9 Security Arrangements
Infrastructure security of electric system equipment and operations and control hardware and
software is essential to ensure day-to-day reliability and operational security. All public utilities
are expected to meet basic standards for system infrastructure and operational security,
including physical, operational, and cyber-security practices.
12.10 Environmental Releases
Each Party shall notify the other Party, first orally and then in writing, of the release of any
hazardous substances, any asbestos or lead abatement activities, or any type of remediation
activities related to the Distributed Energy Resource or the Interconnection Facilities, each of
which may reasonably be expected to affect the other Party. The notifying Party shall (1)
provide the notice as soon as practicable, provided such Party makes a good faith effort to
provide the notice bno later than 24 hours after such Party becomes aware of the occurrence,
and (2) promptly furnish to the other Party copies of any publicly available reports filed with
any governmental authorities addressing such events.
(Continued on Sheet No. 10-270)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 270
12.11 Subcontractors
Nothing in this Agreement shall prevent a Party from utilizing the services of any
subcontractor as it deems appropriate to perform its obligations under this Agreement;
provided, however, that each Party shall require its subcontractors to comply with all
applicable terms and conditions of this Agreement in providing such services and each Party
shall remain primarily liable to the other Party for the performance of such subcontractor.
12.11.1 The creation of any subcontract relationship shall not relieve the hiring Party of
any of its obligations under this Agreement. The hiring Party shall be fully
responsible to the other Party for the acts or omissions of any subcontractor the
hiring Party hires as if no subcontract had been made; provided, however, that in
no event shall the Area EPS Operator be liable for the actions or inactions of the
Interconnection Customer or its subcontractors with respect to obligations of the
Interconnection Customer under this Agreement. Any applicable obligation
imposed by this Agreement upon the hiring Party shall be equally binding upon,
and shall be construed as having application to, any subcontractor of such Party.
12.11.2 The obligations under this article will not be limited in any way by any limitation of
subcontractor’s insurance.
12.12 Inclusion of Area EPS Operator Tariffs and Rules
The interconnection services provided under this Agreement shall at all times be subject to
the terms and conditions set forth in the tariff schedules and rules applicable to the
electricservice provided by the Area EPS Operator, which tariff schedules and rules are
hereby incorporated into this Agreement by this reference. Notwithstanding any other
provisions of this Agreement, the Area EPS Operator shall have the right to unilaterally file
with the Minnesota Public Utilities Commission pursuant to the Commission’s rules and
regulations, an application for change in rates, charges, classification, service, tariff, or rule or
any agreement relating thereto. The Interconnection Customer shall also have the right to
unilaterally file with the Commission, pursuant to the Commission’s rules and regulations, an
application for change in rates, charges, classification, service, tariff, or rule or any agreement
relating thereto. Each Party shall be have the right to protest any such filing by the other Party
and/or to participate fully in any proceeding before the Commission in which such
modifications may be considered, pursuant to the Commission’s rules and regulations.
13. Article 13. Notices
13.1 General
Unless otherwise provided in this Agreement, any written notice, demand, or request required
or authorized in connection with this Agreement (“Notice”) shall be deemed properly given if
delivered in person, delivered by recognized national currier service, or sent by first class
mail, postage prepaid, to the person specified below:
(Continued on Sheet No. 10-271)
Date Filed: 12-14-18 By: Christopher B. Clark
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 271
If to the Interconnection Customer:
Interconnection Customer: [[SertifiLG_1_1]]
[[SertifiLG_1_1]]Attention:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]Address: City:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]State: Zip:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]Phone: Email:
If to the Area EPS Operator:
Area EPS Operator: Northern States Power Company, a Minnesota Corporation
Attention: DER Interconnection Program
Address: 414 Nicollet Mall (401 - 6th Floor)
City: Minneapolis State: MN Zip: 55401
Phone: 1-800-895-4999
Email: SRCMN@xcelenergy.com (for solar garden interconnections)
SolarProgramMN@xcelenergy.com (for all other DER interconnections)
13.2 Billing and Payment
Billings and payments shall be sent to the addresses set out below:
[[SertifiLG_1_1]]Interconnection Customer:
[[SertifiLG_1_1]]Attention:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]Address: City:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]State: Zip:
Area EPS Operator: Northern States Power Company, a Minnesota Corporation
Attention: DER Interconnection Program
Address: P.O. Box 59
City: Minneapolis State: MN Zip: 55440-0059
(Continued on Sheet No. 10-272)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 272
13.3 Alternative Forms of Notice
Any notice or request required or permitted to be given by either Party to the other and not required
by this Agreement to be given in writing may be so given by telephone or email to the telephone
numbers and email addresses set out below:
If to the Interconnection Customer:
[[SertifiLG_1_1]]Interconnection Customer:
[[SertifiLG_1_1]]Attention:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]Address: City:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]State: Zip:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]Phone: Email:
If to the Area EPS Operator:
Area EPS Operator: Northern States Power Company, a Minnesota Corporation
Attention: DER Interconnection Program
Address: 414 Nicollet Mall (401 - 6th Floor)
City: Minneapolis State: MN Zip: 55401
Phone: 1-800-895-4999
Email: SRCMN@xcelenergy.com (for solar garden interconnections)
SolarProgramMN@xcelenergy.com (for all other DER interconnections)
13.4 Designated Operating Representative
The Parties may also designate operating representatives to conduct the communications which may
be necessary or convenient for the administration of this Agreement. This person will also serve as
the point of contact with respect to operations and maintenance of the Party’s facilities.
Interconnection Customer’s Operating Representative:
[[SertifiLG_1]]Interconnection Customer:
[[SertifiLG_1_1]]Attention:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]Address: City:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]State: Zip:
[[SertifiLG_1_1]] [[SertifiLG_1_1]]Phone: Email:
(Continued on Sheet No. 10-273)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No.E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 273
Area EPS Operator’s Operating Representative:
Area EPS Operator: Northern States Power Company, a Minnesota Corporation
Attention: DER Interconnection Program
Address: 414 Nicollet Mall (401 - 6th Floor)
City: Minneapolis State: MN Zip: 55401
Phone: 1-800-895-4999
Email: SRCMN@xcelenergy.com (for solar garden interconnections)
SolarProgramMN@xcelenergy.com (for all other DER interconnections)
13.5 Changes to the Notice Information
Either Party may change this information by giving five Business Days written notice to the
other Party prior to the effective date of the change.
14. Article 14. Signatures
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly
authorized representatives.
For Northern States Power Company, a Minnesota corporation (Area EPS Operator)–
Signature: [[SertifiSignature_2]]
[[SertifiLG_2]]Name:
Title: Director Customer Strategy and Solutions
Date: [[SertifiDate_2]]
For the Interconnection Customer
Signature: [[SertifiSignature_1_1]]
Name: City of Hastings
Title: [[SertifiTitle_1_1]]
Date: [[SertifiDate_1_1]]
(Continued on Sheet No. 10-274)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President,Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 274
Attachment 1: Glossary of Terms
– Another Area EPS Operator’s system, or Transmission Owner’s Transmission System, orAffected System
Transmission System connected generation which may be affected by the proposed interconnection.
– A person designated in writing by the Interconnection Customer to represent or provideApplicant Agent
information to the Area EPS on the Interconnection Customer’s behalf throughout the interconnection
process.
- The electric power distribution system connected at the Point of Common Coupling.Area EPS
– An entity that owns, controls, or operates the electric power distribution systems thatArea EPS Operator
are used for the provision of electric service in Minnesota.
– Monday through Friday, excluding Holidays as defined by Minn. Stat. §645.44, Subd. 5. SeeBusiness Day
MN DIP 5.2.1 for more on computation of time.
- UL 1741 listing is a common form of DER inverter certification. See MN DIPCertified Equipment
Attachment 4: Certification Codes and Standards and Attachment 5: Certification of Distributed Energy
Resource Equipment.
– See MN DIA Article 9.Confidential Information
(DER) – A source of electric power that is not directly connected to a bulkDistributed Energy Resource
power system. DER includes both generators and energy storage technologies capable of exporting active
power to an EPS. An interconnection system or a supplemental DER device that is necessary for compliance
with this standard is part of a DER.For the purpose of the MN DIP and MN DIA, the DER includes the
Customer’s Interconnection Facilities but shall not include the Area EPS Operator’s Interconnection Facilities.
– The Area EPS facilities which are not part of the Local EPS, Transmission SystemorDistribution System
any generation system.
– The additions, modifications, and upgrades to the Distribution System at or beyondDistribution Upgrades
the Point of Common Coupling to facilitate interconnection of the DER and render the distribution service
necessary to effect the Interconnection Customer’s connection to the Distribution System. Distribution
Upgrades do not include Interconnection Facilities.
– Agreement(s) shall become effective upon execution by the Parties.Effective Date
– The facilities that deliver electric power to a load.Electric Power System (EPS)
(Continued on Sheet No. 10-275)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 275
– a condition or situation: (1) that in the judgment of the Party making the claim isEmergency Conditions
imminently likely to endanger life or property; or (2) that, in the case of the Area EPS Operator, is imminently
likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or
damage to the Distribution System, the Area EPS Operator’s Interconnection Facilities or the Distribution
Systems of others to which the Distribution System is directly connected; or (3) that, in the case of the
Interconnection Customer, is imminently likely (as determined in a non-discriminatory manner) to cause a
material adverse effect on the security of, or damage to, the Distributed Energy Resource or the
Interconnection Customer’s Interconnection Facilities.
F – The procedure as described in MN DIP Section 3 for evaluating an Interconnectionast Track Process
Application for a Distributed Energy Resource that meets the eligibility requirements of MN DIP section 3.1.
– An act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire,Force Majeure Event
storm or flood, explosion, breakage or accident to machinery or equipment, an order, regulation or restriction
imposed by governmental, military or lawfully established civilian authorities, or another cause beyond a
Party’s control. A Force Majeure Event does not include an act of negligence or intentional wrongdoing.
– Any of the practices, methods and acts engaged in or approved by a significantGood Utility Practice
portion of the electric industry during the relevant time period, or any of the practices, methods and act
which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made,
could have been expected to accomplish the desired result at a reasonable cost consistent with good
business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the
optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices,
methods, or acts generally accepted in the region.
– Any federal, state, local or other governmental regulatory or administrativeGovernmental Authority
agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking
board, tribunal, or other governmental authority having jurisdiction over the Parties, their respective facilities,
or the respective services they provide, and exercising or entitled to exercise any administrative, executive,
police, or taxing authority or power; provided, however, that such term does not include the Interconnection
Customer, the Area EPS Operator, or any Affiliate thereof. The Minnesota Public Utilities Commission is the
authority governing interconnection requirements unless otherwise provided for in the Minnesota Technical
Requirements.
– The terms and conditions between the Area EPS Operator andInterconnection Agreement
Interconnection Customer (Parties). See MN DIP Section 1.1.5 for when the Uniform Statewide Contract or
MN DIA applies.
– The Interconnection Customer’s request to interconnect a new or modified,Interconnection Application
as described in MN DIP Section 1.6, Distributed Energy Resource. See MN DIP Attachment 2 Simplified
Application Form and MN DIP Attachment 3 Interconnection Application Form.
– The person or entity, including the Area EPS Operator, whom will be theInterconnection Customer
owner of the DER that proposes to interconnect a DER(s) with the Area EPS Operator’s DistributionSystem.
The Interconnection Customer is responsible for ensuring the Distributed Energy Resource(s) is designed,
operated and maintained in compliance with the Minnesota Technical Requirements.
(Continued on Sheet No. 10-276)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 276
– The Area EPS Operator’s Interconnection Facilities and the InterconnectionInterconnection Facilities
Customer’s Interconnection Facilities. Collectively, Interconnection Facilities include all facilities and
equipment between the Distributed Energy Resource and Customer Interconnection System and the Point of
Common Coupling, including any modification, additions or upgrades that are necessary to physically and
electrically interconnect the Distributed Energy Resource to the Area EPS Operator’s System. Some
examples of Customer Interconnection Facilities include: supplemental DER devices, inverters, and
associated wiring and cables up to the Point of DER Connection. Some examples of Area EPS Operator
Interconnection Facilities include sole use facilities; such as, line extensions, controls, relays, switches,
breakers, transformers and shall not include Distribution Upgrades or Network Upgrades.
– A modification to machine data, equipment configuration or to the interconnectionMaterial Modification
site of the DER at any time after receiving notification by the Area EPS Operator of a complete
Interconnection Application that has a material impact on the cost, timing, or design of any Interconnection
Facilities or Upgrades, or a materialimpact on the cost, timing or design of any Interconnection Application
with alater Queue Position or the safety or reliability of the Area EPS.1
- The Minnesota Distributed Energy Resource Interconnection Agreement. See MN DIP SectionMN DIA
1.1.5 for when the Uniform Statewide Contract or MN DIA applies.
– The Minnesota Distributed Energy Resource Interconnection Process. The statewideMN DIP
interconnection standards.
– The term including all of the DERMN Technical Requirements or Minnesota Technical Requirements
technical interconnection requirement documents for the state of Minnesota; including: 1) Attachment 2
Distributed Generation Interconnection Requirements established in the Commission’s September 28, 2004
Order in E-999/CI-01-1023) until superseded and upon Commission approval of updated Minnesota DER
Technical Interconnection and Interoperability Requirements in E-999/CI-16-521 (anticipated February 2019.)
1 A Material Modification shall include, but may not be limited to, a modification from the approved Interconnection Application
that: (1) changes the physical location of the point of common coupling; such that it is likely to have an impact on technical
review; (2) increases the nameplate rating or output characteristics of the Distributed Energy Resource; (3) changes or replaces
generating equipment, such as generator(s), inverter(s), transformers, relaying, controls, etc., and substitutes equipmentthat is
not like-kind substitution in certification, size, ratings, impedances, efficiencies orcapabilities of the equipment; (4)changes
transformer connection(s) or grounding; and/or (5) changes to a certified inverter with different specifications or different inverter
control settings or configuration. A Material Modification shall not include a modification from the approved Interconnection
Application that: (1) changes the ownership of a Distributed Energy Resource; (2) changes the address of the Distributed
Energy Resource,so long as the physical point of common coupling remains the same; (3) changes or replacesgenerating
equipment such as generator(s), inverter(s), solar panel(s), transformers,relaying,controls, etc. and substitutes equipment that
isalikekind substitution in certification, size, ratings, impedances, efficiencies or capabilities of the equipment; and/or (4)
increases the DC/AC ratio butdoes not increase the maximum AC output capability of the Distributed Energy Resource.
(Continued on Sheet No. 10-277)
By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 277
nominal voltage (V), current (A), maximum active power (kWac), apparent power (kVA),Nameplate Rating:
and reactive power (kvar) at which a DER is capable of sustained operation. For a Local EPS with multiple
DER units, the aggregate nameplate rating is equal to the sum of all DERs nameplate rating in the Local
EPS, not including aggregate capacity limiting mechanisms such as coincidence factors, plant controller
limits, etc. that may be applicable for specific cases. (Aggregate Nameplate Rating). The nameplate ratings
referenced in the MN DIP are alternating current nameplate DER ratings See MN DIP Section 5.14 on
Capacity of the Distributed Energy Resource.
– Additions, modifications, and upgrades to the Transmission System required at orNetwork Upgrades
beyond the point at which the DER interconnects with the Area EPS Operator’s System to accommodate the
interconnection with the DER to the Area EPS Operator’s System. Network Upgrades do not include
Distribution Upgrades.
– The disputing Party shall provide the other Party this written notice containing theNotice of Dispute
relevant known facts pertaining to the dispute, the specific dispute and the relief sought, and express notice
by the disputing Party that it is invoking the procedures under MN DIP 5.3.
– Any operating and technical requirements that may be applicable due to theOperating Requirements
Transmission Provider’s technical requirements or Minnesota Technical Requirements, including those set
forth in this Agreement.
– The Area EPS Operator and the Interconnection Customer.Party or Parties
– The point where the Interconnection Facilities connect with the AreaPoint of Common Coupling (PCC)
EPS Operator’s Distribution System. See figure 1. Equivalent, in most cases, to “service point” as specified by
the Area EPS Operator and described in the National Electrical Code and the National Electrical Safety Code.
(Continued on Sheet No. 10-278)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 278
Figure 1: Point of Common Coupling and Point of DER Connection
(Source: IEEE 1547)
– When identified as the Reference Point of Applicability, the point wherePoint of DER Connection (PoC)
an individual DER is electrically connected in a Local EPS and meets the requirements of this standard
exclusive of any load present in the respective part of the Local EPS (e.g., terminals of the inverter when no
supplemental DER device is required.) For DER Unit(s) that are not self-sufficient to meet the requirements
without (a) supplemental DER device(s), the point of DER connection is the point where the requirements of
this standard are met by DER in conjunction with (a) supplemental DER device(s) exclusive of any load
present in the respective part of the Local EPS.
– The order of a valid Interconnection Application,relative to all other pending validQueue Position
Interconnection Applications, that is established based upon the date- and time- of receipt of the complete
Interconnection Application as described in MN DIP sections 1.5.2 and 1.8.
(Continued on Sheet No. 10-279)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
MINNESOTA DISTRIBUTED ENERGY RESOURCE Section No. 10
INTERCONNECT AGREEMENT (MN DIA)Original Sheet No. 279
– With respect to an action required to be attempted or taken by a Party under theseReasonable Efforts
procedures, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially
equivalent to those a Party would use to protect its own interests.
– The location, either the Point of Common Coupling or the Point of DERReference Point of Applicability
Connection, where the interconnection and interoperability performance requirements specified in IEEE 1547
apply. With mutual agreement, the Area EPS Operator and Customer may determine a point between the
Point of Common Coupling and Point of DER Connection. See Minnesota DER Technical Interconnection and
Interoperability Requirements for more information.
– The procedure for evaluating an Interconnection Application for a certifiedSimplified Process
inverter-based DER no larger than 20 kW that uses the screens described in MN DIP section 3.2. The
Simplified process includes simplified procedures. MN DIP Attachment 2 Simplified Application Form includes
a brief set of terms and conditions and the option for an Interconnection Agreement described in MN DIP
1.1.5. See MN DIP Section 2 Simplified Process.
– The procedure for evaluating an Interconnection Application that includes the MN DIPStudy Process
Section 4 scoping meeting, system impact study, and facilities study.
– The Area EPS Operator’s Tariff filed in compliance with the Minnesota Distributed Energy ResourceTariff
Interconnection Procedures (MN DIP) and approved by the Minnesota Public Utilities Commission (MPUC or
Commission).
– The entity that owns, leases or otherwise possesses an interest in the portion ofTransmission Owner
theTransmission System relevant to the Interconnection.
– The entity (or its designated agent) that owns, leases, controls, or operatesTransmission Provider
transmission facilities used for the transmission of electricity. The term Transmission Provider includes the
Transmission Owner when the Transmission Owner is separate from the Transmission Provider. The
Transmission Provider may include the Independent System Operator or Regional Transmission Operator.
– The facilities owned, leased, controlled or operated by the Transmission Provider orTransmission System
the Transmission Owner that are used to provide transmission service. See the Commission’s July 26, 2000
Order Adopting Boundary Guidelines for Distinguishing Transmission from Generation and Distribution Assets
in Docket No. E-999/CI-99/1261.
– State of Minnesota’s standard, uniform contract that must be applied to allUniform Statewide Contract
qualifying new and existing interconnections between a utility and DER having capacity less than 40 kilowatts
if interconnecting with a cooperative or municipal utility and 1,000 kilowatts if interconnecting with a public
utility. (Minn. Rules 7835.9910)
– The required additions and modifications to the Area EPS Operator’s Transmission orUpgrades
Distribution System at or beyond the Point of Interconnection. Upgrades may be Network Upgrades or
Distribution Upgrades. Upgrades do not include Interconnection Facilities.
(Continued on Sheet No. 10-280)
Date Filed: 12-14-18 By:Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
MN DIA Attachment 2, Page 1
Interconnection Customer Application No: Case No - 05766897
Address of DER System: 2801 Red Wing Blvd., Hastings Minnesota 55033
Minnesota Distributed Energy Resource
Interconnection Agreement (MN DIA)
Attachment 2: Description and Costs of the Distributed Energy Resource,
Interconnection Facilities, and Metering Equipment (as authorized by Tariff Sheet 10-280)
Equipment, including the Distributed Energy Resource, Interconnection Facilities, and metering equipment shall be itemized and
identified as being owned by the Interconnection Customer or the Area EPS Operator. The Area EPS Operator will provide a
good faith estimate itemized cost, including administrative overheads, of its Interconnection Facilities and metering equipment,
and a good faith estimate itemized cost of the annual operation and maintenance expenses associated with its Interconnection
Facilities and metering equipment. The Area EPS shall inform the Interconnection Customer of the option to either pay the
metering costs upfront or through a monthly metering fee and provide the customer a copy of the tariff with the metering fee
pursuant to MN DIP 5.4.
The DER (as defined in Glossary to the MN DIA) is owned by the Interconnection Customer.
The Interconnection Facilities (as defined in Glossary to the MN DIA) consist of all facilities and equipment between the DER
and the Point of Common Coupling and are composed of the Area EPS Operator’s Interconnection Facilities and the
Interconnection Customers’ Interconnection Facilities. Except as specified below, the Interconnection Customer’s
Interconnection Facilities owned by the Interconnection Customer consist of: supplemental DER devices, inverters, and
associated wiring and cables up to the Point of DER Connection; and the Area EPS Operator Interconnection Facilities owned
by the Area EPS Operator include sole use facilities such as, line extensions, controls, relays, switches, breakers, transformers,
and any recloser facility dedicated for use by the DER. This definition does not include other equipment owned by the Area EPS
Operator such as Distribution Upgrades or Network Upgrades.
Metering Equipment
All metering equipment is owned by the Area EPS Operator.
MN DIP 5.4 states:
Any metering requirements necessitated by the use of the DER shall be installed at the Interconnection Customer’s
expense. The Interconnection Customer is responsible for replacement meter costs not covered in the Interconnection
Customer’s general customer charge. The Area EPS Operator may charge Interconnection Customers an ongoing
metering-related charge for an estimate of ongoing metering-related costs specifically demonstrated and approved in
tariff regardless of the choice of meter payment. The Area EPS Operator shall offer the Interconnection Customer the
following payment options:
VIII-16
MN DIA Attachment 2, Page 2
5.4.1 Pay upfront the cost of metering requirements for the DER. Any maintenance or replacement costs may be billedseparately to the Interconnection Customer after these costs are incurred.
5.4.2 Pay a tariffed monthly charge for the actual, DER-related meter and metering-related costs. If no tariffed monthlycharge is an exact match, then the closest applicable tariffed monthly charge shall apply; unless metering requirementsare so different that individual case basis pricing should apply.
If a closely applicable metering and/or telemetry charge is identified in the Section 10 tariff of the Area EPS Operator, that charge shall apply and the then-current charge in the Section 10 tariff shall apply as the tariff is revised or changed. If prior to having any such applicable charge in the Section 10 tariff there is a closely applicable charge in the Section 9 tariff of the Area EPS Operator, then that charge shall apply and shall change as that Section 9 tariff is revised or changed. The Section 9 tariff charge will no longer be applicable once there is a closely applicable Section 10 or other tariff charge that applies. If the closely applicable metering and/or telemetry charge is identified in any tariff of the Area EPS Operator but not in the Section 10 or Section 9 tariff, then that other tariff charge shall apply. If there is a closely applicable tariffed monthly metering fee in the current tariff as of the time of the signing of the MN DIA, it is attached to this Attachment 2.
As of the time of signing this MN DIA, the following upfront metering and/or telemetry charges apply: $0.
Bundled monthly metering service cost:
Please reference the Uniform Statewide Contract and Section 10 Tariff for more information regarding up-front/bundled meter pricing along with the monthly ancillary meter service pricing.
The monthly charge may changeover time in line with the most closely applicable tariffed metering rate, provided that the metering here is not so different from the tariffed description. If the metering is so different from the tariffed description, then individual case base pricing shall apply.
*Includes monthly mobile network costs and annual maintenance
Meter Description Customer
Class Bundled Monthly Metering Service (upfront and ancillary metering costs included)
Single Phase, under 100 kW
Residential $3.40
Small
Commercial $4.60
Large
Commercial $6.10
Three Phase,
under 100 kW
Residential $4.20 Small
Commercial $5.40
Large
Commercial $6.90
100kW to 249.99kW Self-Contained Production Meter (not requiring real-time data) All $6.90
100kW to 249.99kW – Three Phase, Instrument-rated Production Meter (not requiring real-time data) All $12.00
250kW to 10 MW – Three Phase, Instrument-rated Production Meter (requiring real-time data) All $72.00*
Meter Description
Upfront Metering Price
(customer is responsible
for maintenance and
replacement costs)
Monthly Ancillary Metering Service
(metering costs are pre-paid)
Under 250kW $0 See Sec.10 of Tariff for more
information regarding
bundled pricing
250kW to 1MW $2,740 $44.00*
VIII-16
MN DIA Attachment 2, Page 3
Good Faith Estimated Itemized Cost
Pursuant to MN DIA 4.1.1, the following are good faith estimated itemized costs, including overheads, for the purchase
and construction of the Area EPS Interconnection Facilities, but not including metering that is addressed above: $0.00.
The purchase and construction of the Area EPS Interconnection Facilities includes the following:
Conductor and Pole Modifications:
NA
Switches and Fuses
NA
Distribution Transformers
NA
Total of good faith estimate of upfront metering (if applicable) and Area EPS Interconnection Facilities to be charged to
Interconnection Customer: $0.00.
For applications subject to the Xcel Energy Cost Sharing Program, which applies to applications under 40 kW AC
deemed complete after January 1, 2023:The Cost Sharing Fund has allocated $ for the above work. This leaves the0.00
Interconnection Customer's up-front share of the above work as $ . 0.00
Total actual costs may be markedly different from the above good faith estimated costs.
The Interconnection Customer is responsible for payment of the actual costs not covered by the Cost Sharing Fund in full upon
signing the MN DIA.
The amounts in this Attachment 2 are in addition to the amounts reflected in Attachment 6. One or more SOWs or bills may be
issued to reflect payments due under Attachments 2 and 6.
VIII-16
MN DIA Attachment 3, Page 1
Attachment 3: One-line Diagram Depicting the Distributed Energy Resource,
Interconnection Facilities, Metering Equipment, and Upgrades
VIII-16
(N) PV ACCOMBINER200A, MLO277/480V, 3PH, 4W100A (N
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MN DIA Attachment 4, Page 1
Attachment 4: Milestones
The Milestone in line (1) below may be a calendar date. All other dates in this Attachment 4 may be
number of Business Days from the calendar date in line (1) or from the completion of a different Milestone
described in a specified line number. Similarly, the anticipated In-Service Date may be based on the
number of Business Days from the completion of a specified line number.
In-Service Date: Upon successful completion of line (6).
Critical milestones and responsibility as agreed to by the Parties:
Line Milestone/Anticipated
Date
Responsible
Party
(1)Fully executed MN DIA (last signature date below) Both
(2) System installation complete, as well as final electrical inspection and proof of insurance
documentation uploaded into the application portal. Provide notification to MNDER@xcelenergy.com
of completion of this step.
Interconnection
Customer
(3) Upon completion of lines (1) and (2), Interconnection customer will receive confirmation of meter order and may
schedule energization/witness testing for open slot at least 7 Business Days prior
to desired In-Service Date (ISD). Construction must be completed prior to scheduling this date.
Interconnection
Customer
(4) If DER does not pass the energization/witness testing, Interconnection Customer must schedule another testing.
Repeat this line until the DER passes testing.
Interconnection
Customer
(5) Interconnection Customer must, within 10 Business Days of successful testing, complete and resolve punch list
items identified during energization/witness testing. Provide notification to MNDER@xcelenergy.com of
completion of this step.
Interconnection
Customer
(6) Provide PTO authorization within 5 Business Days after BOTH of these are achieved: 1.) timely completion of
line (5); and, 2.) successful testing
Area EPS
Operator
Upon notice from the Area EPS Operator to the Interconnection Customer, the above required email notifications to
MNDER@xcelenergy.com will not be needed. This notice will be provided after the online portal for receiving documents
has been enhanced to automatically provide appropriate notification.
Agreed to by:
: [[SertifiSignature_1_1]] For Interconnection Customer : For Area EPS Operator [[SertifiSignature_2]]
Date: [[SertifiDate_1_1]] Date: [[SertifiDate_2]]
For Transmission Owner (if applicable) Date:
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MN DIA Attachment 5, Page 1
Interconnection Customer Application No: Case No - 05766897
Address of DER System: 2801 Red Wing Blvd., Hastings Minnesota 55033
Minnesota Distributed Energy Resource
Interconnection Agreement (MN DIA)
Attachment 5: Additional Operating and Maintenance Requirements for the Area EPS
Operator’s Distribution System and Affected Systems Needed to Support the Interconnection
Customer’s Needs (as authorized by Tariff Sheet 10-283)
The Area EPS Operator shall also provide requirements that must be met by the Interconnection Customer
prior to initiating parallel operation with the Area EPS Operator’s Distribution System. Additional operating
and maintenance requirements for an Affected System needed to support the Interconnection Customer’s
needs may be addressed in a separate agreement as described in Article 5.3.
These Operating and Maintenance Requirements (Attachment 5), in this Attachment to the Minnesota
Distributed Energy Resource Interconnection Agreement (MN DIA) (as adopted in the Area EPS Operator
tariff), provide the specific operating information and requirements for, and facilitates the operation of, the
Interconnection Customer’s Distributed Energy Resource (DER). The Interconnection Customer must operate
the DER in accordance with the Minnesota Technical Requirements, this Attachment 5, as well as all
provisions of applicable Area EPS Operator Minnesota tariffs. Unless otherwise defined in this Attachment,
capitalized terms herein shall have the meaning provided such terms in the MN DIA. Consistent with the
MPUC’s January 22, 2020 order in Docket No. E-999/CI-16-521, the MinnesotaTechnical Requirements
comprise both the TIIR and TSM which first become effective on July 1, 2020. After this effective date, the
current versions of the TIIR and the Area EPS Operator’s TSM can be accessed at the following link:
. In the event that this link changes over https://www.xcelenergy.com/working_with_us/how_to_interconnect
time or no longer points to the then-current TIIR or TSM, the Interconnection Customer can contact the Area
EPS Operator for instruction on how to access the then-current versions of these documents.
Nothing in this Attachment is intended to or shall be construed as limiting Area EPS Operator’s rights under
the Area EPS Operator Minnesota tariffs. In the event of a conflict between this Operating and Maintenance
Agreement and any law, regulation and/or the Area EPS Operator Minnesota tariff, the law, regulation or Area
EPS Operator Minnesota tariff shall control, and the conflicting Operating and Maintenance Agreement
provision shall have no effect. In the event of such a conflict, the remaining terms of this Operating and
Maintenance Agreement shall remain in effect.
This Operating and Maintenance Agreement may be reviewed and amended by the Parties periodically
to allow the operation of the DER to change to meet the needs of both Area EPS Operator and
Interconnection Customer, provided that change does not negatively affect the operation of the
distribution or transmission system of Area EPS Operator. In addition, the Parties may amend this
Operating and Maintenance Agreement to reflect operating changes required by regulatory authorities
having jurisdiction over the matters governed by this
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MN DIA Attachment 5, Page 2
Attachment, such as changes required by the Minnesota Public Utility Commission, the Federal Energy
Regulatory Commission or the Midwest Independent System Operator.
If the power factor, or any other provision of this Attachment 5, at any time is in the sole determination of the
Area EPS Operator no longer consistent with the provisioning of adequate quality of electricity for retail
customers of the Area EPS Operator, or for other reliability or safety considerations or other reasons
addressed in Sections 2 and 3 below, then this shall be considered to be an Emergency Condition (as
described in MN DIA). If the Interconnection Customer has not countersigned an amendment to this
Amendment 5 tendered to it by the Area EPS Operator to address and resolve this Emergency Condition, the
Area EPS Operator shall be able to take all actions to address this Emergency Condition as set forth in the
MN DIA. Any such amendment may include reasonable requirements to show proof that applicable changes
have been made to the DER.
This Attachment sets forth the technical terms pursuant to which Interconnection Customer may export
energy to Area EPS Operator from the DER. This Attachment does not provide for the amount, metering,
billing and accounting for the export of energy from the DER, nor does it constitute Area EPS Operator’s
agreement to purchase or pay for any such energy. Any such arrangements will be provided for in a
separate written agreement.
1.0 Definitions
“Distributed Energy Resources” (DERs) include all sources, including energy storage systems. All sources1.1
interconnected in parallel with Xcel Energy’s system require an interconnection review.
“Engineering Study” means the system impact study or facilities study performed by Area EPS Operator as1.2
part of the interconnection process conducted pursuant to the MN DIP.
“Area EPS Operator Control Center Contact” is as defined in Section 9.2.1.3
“Interconnection Customer Control Center Contact” is as defined in Section 9.3.1.4
Unless specifically defined otherwise, all measurements and performance requirements will be measured at1.5
the Reference Point of Applicability (RPA), as defined by IEEE 1547.
2.0 Power Factor Requirements
The power factor of the DER and connected load shall be as follows. Inverter based interconnections shall, at
minimum, be designed to be capable of operating fully at a power factor range of 90% leading to 90% lagging
at the inverter terminals. The specific power factor for this DER is specified in par. 2.1.1 below.
Normal operation:2.1
Interconnection Customer will operate the DER as an inverter-based DER at a power factor as2.1.1
identified by the Engineering Study to mitigate voltage or power quality issues
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MN DIA Attachment 5, Page 3
resulting from the interconnection of the DER. Operation outside the specified power factor
range is not allowed at any time without permission by Area EPS Operator. It is the
responsibility of Interconnection Customer and not Area EPS Operator to assure that all
equipment is sized properly so as to not curtail real power production if that is an objective of
the Interconnection Customer.
A. If Interconnection Customer is operating the DER at a fixed power factor, it shall be
power factor 0.98 (leading). The use of the term “leading” means the DER is absorbing
reactive power. The use of the term “lagging” means the DER is injecting reactive
power. This power factor is specified at the reference point of applicability (RPA).This
power factor is subject to change over time where in the judgment of the Area EPS
Operator a change is needed in order to maintain appropriate quality of electricity to the
retail customers of the Area EPS Operator and for reliability and safety issues as more
distributed energy resources are added to a feeder, feeders are reconfigured, as load
changes on a feeder, or for other reasons. The possible changes to the power factor are
mentioned here to help set expectations that changes to this should be expected over
time. The power factor shall be changed upon notice by the Area EPS Operator to the
Interconnection Customer.
B. If Interconnection Customer is operating the DER using a Smart Inverter, the dynamic
power factor shall be set in Volt-VAR Mode using the following parameters. These
parameters are described in the Xcel Energy MN Standard URP Settings and are
defined by IEEE 1547-2018.
QV_CURVE_V1-SS 0.92 V p.u.
QV_CURVE_Q1-SS 0.44 Var p.u.
QV_CURVE_V2-SS 0.98 V p.u.
QV_CURVE_Q2-SS 0.0 Var p.u.
QV_CURVE_V3-SS 1.02 V p.u.
QV_CURVE_Q3-SS 0.0 Var p.u.
QV_CURVE_V4-SS 1.08 V p.u.
QV_CURVE_Q4-SS -0.44 Var p.u.
These parameters are specified at the reference point of applicability (RPA). These
parameters are subject to change over time where in the judgment of the Area EPS
Operator a change is needed in order to maintain appropriate quality of electricity to the
retail customers of the Area EPS Operator and for reliability and safety issues as more
distributed energy resources are added to a feeder, feeders are reconfigured, as load
changes on a feeder, or for other reasons. These possible changes to the parameters
are mentioned here to help set expectations that changes to these parameters should
be expected over time. These parameters shall be changed upon notice by the Area
EPS Operator to the Interconnection Customer.
In the future, permanent Distribution System reconfigurations, capacity constraints, or other2.1.2
external factors may require that the DER be served from another system and/or may also require that
the DER change power factor within the limits identified in Section in order to prevent voltage rise or2.0
otherwise help to assure the safe and reliable operation of the Distribution System.
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MN DIA Attachment 5, Page 4
Contingency operation:2.2
Temporary system conditions, such as overvoltage, may require the Area EPS Operator Control2.2.1
Center Contact, in accordance with good utility practice and avoiding, to the extent reasonably possible,
a reduction in the DER output (in the sole discretion of Area EPS Operator), to direct the Interconnection
Customer Control Center Contact to disconnect or partially curtail the output of the DER. In some cases,
and in its sole discretion, Area EPS Operator may permit Interconnection Customer to partially operate or
fully restore operation by temporarily applying different power factor settings.
3.0 Start-Up, Shut-Down, and Ramp Rates
The DER shall delay entry into service by an intentional minimum delay of 300 seconds when the Area EPS3.1
Operator Distribution System steady state voltage and frequency are within the ranges specified in Table 4 of
IEEE 1547-2018. This entry into service requirement shall also apply for return to service after a DER trips.
The DER shall increase output of active power, or exchange of active power for energy storage, during entry3.2
into service as specified in Clause 4.10.3.c of IEEE 1547-2018 with an entry into service time period setting of
300 seconds. This entry into service requirement shall also apply for return to service after a DER trips.
In order to mitigate voltage or power quality issues, the Area EPS Operator reserves the right, based upon3.3
the Engineering Study or field experience, to specify modifications to the settings in Sections 3.1 and 3.2.
Interconnection Customer may also be required to ensure that the inverters for the DER allow random or
preprogrammed time delays between the startup of multiple inverters.
Additional optional ramp rate limitations (or inverter start-up limitations in a solar PV context):3.4
Staggered start for all inverters on the project site.
4.0 Local and Remote Control
The Interconnection Customer shall ensure that at all times Area EPS Operator has access to a manually4.1
operated three-phase ganged lockable service disconnect switch. If transfer trip has been installed, then
Interconnection Customer shall also ensure that Area EPS Operator has access to a breaker that can remotely
control the DER from Area EPS Operator’s systems. To the extent allowed by law, Area EPS Operator shall
provide notice to the Interconnection Customer explaining the reason for the disconnection. If there is an
emergency described in Section 4.1.1 or 4.1.2 below and prior notice is not reasonably possible, Area EPS
Operator shall, after the fact, provide to the Interconnection Customer as to why the disconnection was required.
Where reasonably possible, Area EPS Operator shall use commercially reasonable efforts to reconnect the DER
in a timely manner. Interconnection Customer agrees and consents to Area EPS Operator’s remote tripping or
manual disconnection, as reasonably necessary under good utility practice, of the breaker for the DER including,
but not limited to, in the following circumstances, as system conditions exceed parameters defined in any IEEE,
NESC or ANSI standards:
Electric distribution or DER emergency4.1.1
Public emergency4.1.2
Abnormal feeder operation4.1.3
Planned switching4.1.4
Interconnection Customer’s failure to promptly respond to and execute on Area EPS Operator’s4.1.5
request to curtail the output of, or disconnect, the DER.
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MN DIA Attachment 5, Page 5
If the DER has tripped offline due to an interruption on the Distribution System, Interconnection Customer4.2
shall contact the Area EPS Operator “Electric Emergency/Outage” Number 800-895-1999 to report the
unplanned interruption or outage.
5.0 Outages of the Distribution System
Upon the occurrence of an emergency outage(s) (defined as any unplanned interruption of Area EPS Operator’s
Distribution System), Interconnection Customer shall do the following:
If there is automation installed on the feeder, then the DER will be automatically disconnected from Area5.1
EPS Operator’s electric Distribution System when not served by the normal source.
Area EPS Operator shall use commercially reasonable efforts to promptly restore the DER to service,5.2
consistent with good utility practice.
Unless otherwise directed by the Area EPS Operator, during a momentary (defined as an interruption of5.3
electric service to a customer with disruption less than or equal to 5 minutes) or extended Distribution System
interruption, the Interconnection Customer shall follow the requirements of Section 3.0 when returning their
system to service.
6.0 Interference
If the DER causes radio, television or electrical service interference to other customers, via the electric
power system or interference with the operation of Area EPS Operator, the Interconnection Customer shall
disconnect the DER. The Interconnection Customer shall either effect repairs to the DER or reimburse Area
EPS Operator for the cost of any required Area EPS Operator modifications due to the interference.
7.0 Electric Distribution System Modification
At its sole discretion Area EPS Operator may modify its electric Distribution System. Area EPS Operator7.1
shall utilize good utility practice in performing these modifications, and provide notice consistent with good utility
practices such as by providing telephone notice to the contact in Section 9 below.
Area EPS Operator shall include the DER in its permanent substation and distribution system7.2
reconfigurations and consider accommodations to Interconnection Customer consistent with good utility practice.
The DER must be designed and interconnected such that the reliability and the service quality for all7.3
customers of the electrical power system are not compromised. The Interconnection Customer is responsible for
all costs associated with the installation, operation, and maintenance of the DER. The Interconnection Customer
shall be responsible for any expenses, which may be incurred by Area EPS Operator as a result of any changes
or modifications of the Interconnection Customer’s DER. Any changes to the design or component parts of the
DER shall follow the MN DIP process.
8.0 Contingency Configurations
During contingency operations, should voltage or power quality issues arise from operation of the DER, at8.1
the direction of the Area EPS Operator Control Center Contact the Interconnection Customer shall disconnect
the DER if, in Area EPS Operator’s sole discretion, it believes disconnection would facilitate maintaining
compliance with ANSI- C84.1-2016 voltage requirements or other relevant industry standard.
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MN DIA Attachment 5, Page 6
During contingency operations, if the DER creates loading, overloading or protection issues, at the direction8.2
of the Area EPS Operator Control Center Contact the Interconnection Customer shall disconnect the DER if, in
Area EPS Operator’s sole discretion, it believes disconnection is consistent with good utility practice.
The Area EPS Operator may, in its sole discretion, disconnect the DER during abnormal system conditions8.3
or contingency operations. The DER shall not be reconnected to the system until the Area EPS Operator
indicates the conditions requiring the DER to be disconnected are resolved.
DER shall cease operation for loss of DER ground referencing equipment, if applicable, or loss of any other8.4
required DER component related to the safe and reliable operation of the DER.
9.0 Telephone Contact Information for Operational Issues
Each Party shall contact each other for planned and emergency operational issues related to the DER, when9.1
reasonable. In order to permit Area EPS Operator and Interconnection Customer to take immediate action,
Interconnection Customer and Area EPS Operator shall at all times provide to each other the contact information
for emergency and planned outages, who shall be available twenty-four (24) hours a day, seven (7) days a week
and be able to take action with respect to the operation of the DER and the Distribution System, respectively. In
order to maintain expedient restoration of the system, please note that Xcel Energy may not be able to contact
the Interconnection Customer during emergency outages. The Interconnection Customer should report Xcel
Energy outages to Xcel Energy through the Electric Outage Call Center number listed below.
The contact information for Xcel Energy that is available to Interconnection Customer twenty (24) hours a9.2
day, seven (7) days a week to report Xcel Energy outages affecting the Interconnection Customer, and for
updates on expected restoration of service during unplanned outages, is:
Electric Outage Call
Center (800) 895-1999
The contact information for Interconnection Customer’s Control Center that is available to Xcel Energy9.3
twenty (24) hours a day, seven (7) days a week is:
[[SertifiLG_1_1]]
Each Party shall keep the other informed of their above-identified contact information in this Section 9.9.4
Notice of changes to this information shall be provided immediately pursuant to Article 13 of the MN DIA.
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MN DIA Attachment 5, Page 7
10.0 Right of Access
At all times, Area EPS Operator shall have access to the disconnect switch of the DER for any reasonable10.1
purpose in connection with: the performance of its obligations under the MN DIA (including this Operating and
Maintenance Agreement); to meet its obligation to operate the Area EPS Operator system safely and reliably; to
comply with law or regulation; or, to provide service to its customers.
At all times, the Interconnection Customer shall give Area EPS Operator access to Area EPS Operator’s10.2
equipment and facilities located on the Interconnection Customer’s premises when necessary for Area EPS
Operator to: perform its obligations under the MN DIA (including this Operating and Maintenance Agreement);
meet its obligation to operate the Area EPS Operator system safely and reliably; to comply with law or regulation;
or, provide service to its customers.
Consistent with the above, in order to allow Xcel Energy to have reasonably safe access, the10.3
Interconnection Customer needs to build, maintain, or otherwise always have in place, all of the following: 1.) a
road grade no steeper at any point than 12% on any private road at this site; 2.) a permanent drivable (road)
surface associated with this site so that Xcel Energy on a 24 hour a day, seven days a week, basis can access
its equipment, including but not limited to lines, poles, transformers, billing meters, underground facilities and
other facilities, but excluding production meters. The drivable road surface also needs to include appropriate
turn-around locations. The road and turn-around need to be reasonably sufficient to support the use of a 10 ton
truck (loaded with transformers, poles, and crews) and hauling a heavily-loaded trailer. A violation of any of these
provisions at any time shall be considered to be a violation of the Interconnection Agreement that allows Xcel
Energy to disconnect the DER.
11.0 Routine Maintenance Requirements
Interconnection Customer shall maintain the system in good working order.11.1
Interconnection Customer shall perform maintenance in accordance with manufacturer recommendations11.2
and intervals.
12.0 Generation Metering, Monitoring, and Control
When telemetry is required, the Interconnection Customer is financially responsible for the communications12.1
channel associated with Area EPS Operator’s Remote Monitoring System. The communication channel shall
comply with Area EPS Operator requirements and standards. If the communications cabinet and/or
communication channel is provided by Area EPS Operator, the Interconnection Customer shall be responsible
for operating and maintenance costs, and replacement of any failed parts or materials.
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MN DIA Attachment 5, Page 8
Interconnection Customer shall be responsible for costs associated with emergency repairs, scheduled12.2
repairs, or replacement of parts for the telemetry system.
Interconnection Customer shall be responsible for replacement costs for advanced metering equipment,12.3
such as an ION meter.
Interconnection Customer is responsible for assuring network equipment functions properly to facilitate12.4
communications between the Area EPS Operator communications cabinet and all meters on site. Any failure of
Interconnection Customer provided equipment between the communication cabinet and meters shall be repaired
or replaced by the Interconnection Customer within seven (7) calendar days of the first day of improper
functioning of this equipment. This includes wiring, connectors, switches, panels, all other hardware, fiber or
Ethernet, Remote Terminal Unit (RTU), 120 V power source, etc. To the extent this equipment is not working
properly, there may be delayed payment for generation. Failure of the Interconnection Customer to repair the
improperly working equipment within this seven (7) calendar day period may result in disconnection of the DER
from Area EPS Operator’s Distribution System, with permission to reconnect only granted after the situation is
corrected.
13.0 Modifications to the DER
The Interconnection Customer shall notify Area EPS Operator, in writing of plans for any modifications to13.1
the DER interconnection equipment at least twenty (20) business days prior to undertaking such modification.
Modification or replacement with respect to any of the interconnection equipment, including all power13.2
conversion equipment, protective systems, DER control systems, the transfer switches/breakers, VT’s & CT’s,
generating capacity and associated wiring shall be included in the notification to Area EPS Operator. Any such
proposed modification shall also comply with any applicable requirement in the MN DIP or MN DIA.
The Interconnection Customer agrees not to commence installation of any modifications to the DER until13.3
Area EPS Operator has approved the modification, in writing.
Area EPS Operator shall have a minimum of five (5) business days and a maximum of ten (10) business13.4
days, to review and respond to the modification, after the receipt of the information required to review the
modifications.
14.0 Special Facilities
Interconnection Customer may request underground facilities where Company standard construction is14.1
overhead facilities.
The Company will determine if the request will not adversely affect the reliability, operational integrity, or14.2
schedule of required work.
The Interconnection Customer shall be responsible for Operating, Maintenance and Replacement costs of14.3
the special facilities. In this context, the term “special facilities” means facilities which the Company builds or
installs which differ from the Company’s typical construction standards. For example, this would include the
situation where the Interconnection Customer, for aesthetics, permitting, or any other reason, requests
underground facilities even though from a technical perspective overhead facilities would be sufficient.
Perpetual easements will be granted Company at no cost to the Company whenever any portion of the14.4
underground Distribution System is located on private land. Said easements also will allow the Company access
for inspection, maintenance, and repair of Company facilities.
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MN DIA Attachment 5, Page 9
15.0 Energy Storage Systems Only
The Energy Storage System application must include an approved MN DIP Exhibit B For Energy Storage and15.1
Declaration of Electric Storage Operation, as required by the Xcel Energy Technical Specification Manual (TSM),
Section 10.4.
The Energy Storage System will operate according to a Configuration Compliant with Tariffs, as defined by15.2
the Xcel Energy TSM, Section 10.11, or any then-current version of the TSM.
To qualify for export, the Energy Storage System must be charged by 100% renewable energy. Any storage15.3
mixture of non-renewable energy disqualifies the system from exporting. If charging is not 100% renewable
energy, then the Generation System may be used with non-export from the Energy Storage System to the grid.
System software or programming that can be modified such that the Energy Storage System would no longer15.4
be in compliance with this Operating Agreement must be inaccessible and/or password protected, with access
restricted to manufacturer/developer/installer. This may include locks or other physical security or other means of
securing the settings; or as mutually agreed upon on a case-by- case basis. Only the operational modes listed as
enabled in this Operating Agreement are allowed unrestricted access.
Xcel Energy has the right to conduct inspections at any time to verify compliance if problems arise or15.5
indications of possible non-compliance with this Operating Agreement are present.
The magnitude of Inadvertent Export shall be less than the total Generation System facility nameplate rating15.6
(kW-gross) and the duration of export of power from the customer shall be less than 30 seconds for any single
event.
Energy Storage Systems shall be subject to the same requirements as the Generation System, as defined by15.7
this agreement.
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MN DIA Attachment 6, Page 1
Interconnection Customer Application No: Case No - 05766897
Address of DER System: 2801 Red Wing Blvd., Hastings Minnesota 55033
Minnesota Distributed Energy Resource
Interconnection Agreement (MN DIA)
Attachment 6: Area EPS Operator’s Description of Distribution and Network Upgrades and Good Faith
Estimates of Upgrade Costs (as authorized by Tariff Sheet 10-284)
The Area EPS Operator shall describe Distribution and Network Upgrades andprovide anitemized good faith
estimate of costs, including administrative overheads, of these Upgrades and annual operation and
maintenanceexpenses associated with such Upgrades. The Area EPS Operator shall functionalize Upgrade
costs and annual expenses as either transmission or distribution related. Additional Distribution or Network
Upgrades required for an Affected System may be addressed in a separate agreement as described in
Article 5.3.
Description of Distribution and Network Upgrades
Pursuant to MN DIA 4.2 and 5.2, below are good faith estimated itemized costs, including overheads, for the
purchase and construction of the Area EPS Distribution Upgrades and Network Upgrades. The good faith
estimated costs are contingent upon all projects ahead in the Interconnection Queue moving forward as
proposed. Any changes, cancellations, or modifications to the previous projects in the Interconnection Queue
may require significant changes in scope and cost to be assessed under this MN DIA. In addition, a good
faith cost estimate has been prepared for the Distribution and Substation costs required to accommodate this
project. It is produced before any detailed engineering design has begun to provide a firmer estimate that
incorporates as many project-specific factors as possible. The good faith estimate is generally based
ontypical conditions encountered on pastconstruction projects, which may or may not be directly comparable.
The engineering indicative cost estimate will only give a broad- based estimate of the possible costs that may
be incurred during a potential construction project. Total actual costs may be markedly different from the
good faith estimated costs. The Interconnection Customer is responsible for payment of the actual costs.
The following Distribution and Network Upgrades are needed:
Distribution Upgrades – Distribution Lines
None Required
All new services shall be approved by local inspector prior to Xcel Energy scheduling
energization.
Refer to the Xcel Energy Standard for Electric Installation and Use.
Easements are required by Xcel Energy to install any facilities on private property. The
Customer/Developer is responsible to provide the easement descriptions as well as any costs to
obtain the easements. All easements shall utilize Xcel Energy documents and be drafted and
recorded by Xcel Energy. Provide 30’ private easements for facilities not located along roadways,
and 15’ if adjacent to road right of way.
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A.
B.
C.
MN DIA Attachment 6, Page 2
Xcel Energy requires provisions for 24/7, unescorted, keyless access to all metering locations.
Distribution Upgrades – Substation
None required
There are no substation upgrades required for this project. This is contingent upon all projects
ahead in the Interconnection Queue moving forward as proposed. Projects may include other
Solar Rewards Community projects as well as all other types of generation interconnection
projects such as wind, hydro, or non-program PV. Any changes, cancellations, or modifications to
the previous projects in the Interconnection Queue may require significant changes in scope and
cost of your projects. Xcel Energy shall communicate any changes to those affected projects as
they are identified.
Network Upgrades
None required
Pursuant to MN DIP 5.6.4.1, the Interconnection Customer shall provide reasonable adequate assurances of
credit, including a letter of credit or personal guaranty of payment and performance from a creditworthy entity
acceptable under the Area EPS Operator credit policy and procedures for the unpaid balance of the above
upfront estimated amount and actual costs. The payments shall be as follows:
At least one-third (1/3) of the above estimated upfront costs shall be due no later than when the
Interconnection Customer signs the Interconnection Agreement.
At least an additional one-third (1/3) of the above upfront estimated costs shall be due prior to
initial energization of the Generation System with the Area EPS Operator.
Remainder of upfront actual costs, incurred by Area EPS Operator, shall be due within 30 days
from the date the bill is mailed by the Area EPS Operator after project completion.
The total of the above good faith estimate for Distribution and Network Upgrades to be charged to
Interconnection Customer is $ .0
Good Faith Estimates – Annual Operation and Maintenance Costs for Distribution and Network
Upgrades
Distribution Upgrades:
$ . 0
Network Upgrades:$0.
: $ .Total of above good faith estimated annual O&M costs as of date MN DIA is signed 0
The amounts in this Attachment 6 are in addition to the amounts reflected in Attachment 2. One or more
SOWs or bills may be issued to reflect payments due under Attachments 2 and 6.
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UNIFORM STATEWIDE CONTRACT FOR COGENERATION AND SMALL
POWER PRODUCTION FACILITIES
Customer Name: City of Hastings
Mailing Address: 2801 RED WING BLVD, HASTINGS Minnesota, 55033
Premise Address: 2801 Red Wing Blvd.
Telephone/Cell Number: 651-480-2350
Application #: 05766897
Premise Number: 303426536
Please note the following operating requirements:
Interconnection Customer will operate the DER as an inverter-based DER at a power factor as identified by the Engineering Study to
mitigate voltage or power quality issues resulting from the interconnection of the DER. Operation outside the specified power factor range is
not allowed at any time without permission by Area EPS Operator. It is the responsibility of Interconnection Customer and not Area EPS
Operator to assure that all equipment is sized properly so as to not curtail real power production if that is an objective of the Interconnection
Customer.
A). If Interconnection Customer is operating the DER at a fixed power factor, it shall be power factor 0.98 (leading). The use of the term
“leading” means the DER is absorbing reactive power. The use of the term “lagging” means the DER is injecting reactive power. This power
factor is specified at the reference point of applicability (RPA). This power factor is subject to change over time where in the judgment of the
Area EPS Operator a change is needed in order to maintain appropriate quality of electricity to the retail customers of the Area EPS
Operator and for reliability and safety issues as more distributed energy resources are added to a feeder, feeders are reconfigured, as load
changes on a feeder, or for other reasons. The possible changes to the power factor are mentioned here to help set expectations that
changes to this should be expected over time. The power factor shall be changed upon notice by the Area EPS Operator to the
Interconnection Customer.
B). If Interconnection Customer is operating the DER using a Smart Inverter, the dynamic power factor shall be set in Volt-VAR Mode using
the following parameters. These parameters are described in the Xcel Energy MN Standard URP Settings and are defined by IEEE
1547-2018.
QV_CURVE_V1-SS 0.92 V p.u.
QV_CURVE_Q1-SS 0.44 Var p.u.
QV_CURVE_V2-SS 0.98 V p.u.
QV_CURVE_Q2-SS 0.0 Var p.u.
QV_CURVE_V3-SS 1.02 V p.u.
QV_CURVE_Q3-SS 0.0 Var p.u.
QV_CURVE_V4-SS 1.08 V p.u.
QV_CURVE_Q4-SS -0.44 Var p.u.
These parameters are specified at the reference point of applicability (RPA). These parameters are subject to change over time where in
the judgment of the Area EPS Operator a change is needed in order to maintain appropriate quality of electricity to the retail customers of
the Area EPS Operator and for reliability and safety issues as more distributed energy resources are added to a feeder, feeders are
reconfigured, as load changes on a feeder, or for other reasons. These possible changes to the parameters are mentioned here to help set
expectations that changes to these parameters should be expected over time. These parameters shall be changed upon notice by the Area
EPS Operator to the Interconnection Customer.
For more information, please refer to the Technical Specifications Manual on Xcel Energy’s Interconnection webpage:
https://mn.my.xcelenergy.com/s/renewable/developers/interconnection.
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9TECHNICAL AND SPECIAL TERMS FOR
2nd Revised Sheet No. 1COGENERATION AND SMALL POWER PRODUCTION
CAPACITY. The capability to produce, transmit, or deliver electric energy, which is measured by the number of megawatts alternating
current at the point of common coupling between a QF or NMF and a utility’s electric system.
FIRM POWER. Firm power is energy delivered by a QF or NMF to the utility with at least 65% on peak capacity factor in the billing period.
The capacity factor is based upon a QF’s or NMF’s maximum on peak metered capacity delivered to the utility during the billing period.
GENERATION SYSTEM. For an interconnection not subject to the MN DIP, the generation system is the interconnected generator(s),
controls, relays, switches, breakers, transformers, inverters and associated wiring and cables, up to the Point of Common Coupling. For an
interconnection subject to the MN DIP, this term shall mean Distributed Energy Resources as defined in the MN DIP.
INDIVIDUAL SYSTEM CAPACITY LIMITS.
1. Customers with a facility of 40-kilowatt AC capacity or more and participating in net metering and net billing may be required to limit the
total generation capacity of individual distributed generation systems by either: a. for wind generation systems, limiting the total generation
system capacity kilowatt alternating current to 120 percent of the customer's on-site maximum electric demand; or b. for solar photovoltaic
and other distributed generation, limiting the total generation system annual energy production kilowatt hours alternating current to 120
percent of the customer's on-site annual electric energy consumption.
2. Limits under paragraph 1.(a) applicable to measuring on-site maximum electric demand must be based on standard 15-minute intervals,
measured during the previous 12 calendar months. If a facility subject to the demand limits under paragraph 1.(a) has either less than 12
calendar months of actual electric usage or has no demand metering available, then the means of estimating annual demand or usage for
purposes of applying these limits will be based on looking at information for similarly situated customers.
3. The total generation capacity of individual distributed generation systems is determined by the total capacity of all of the customer’s
systems which are on the same set of aggregated meters. On-site maximum electric demand and on-site annual electric energy
consumption are determined by total demand or electric energy consumption associated with the same set of aggregated meters.
4. For wind generation systems, the Company will estimate customer demand use for purposes of calculating the 120 percent rule by
determining a demand-billed customer’s highest billed on-site kW demand in all bills issued during the most recent calendar year. For
non-demand customers, the Company shall impute the equivalent peak demand level by first determining the customer’s most recent
on-site annual (12-month) billed kWh sales. Those kWh sales shall be divided by the product of an assumed 30% annual load factor and
the number of actual hours in that year (either 8,760 hours in a standard year or 8,784 hours in a leap year). The resulting quotient will
serve as the customer’s estimated on site maximum electric demand.
5. For solar photovoltaic and other distributed generation systems, where 12 months of usage data is not available, the Company will
estimate customer energy use for purposes of calculating the 120 percent rule by averaging four months of usage. If four months of usage
is not available, the Company will apply the limits under paragraph 1.(a) based on looking at information for similarly situated customers.
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9TECHNICAL AND SPECIAL TERMS FOR
1st Revised Sheet No. 1.1COGENERATION AND SMALL POWER PRODUCTION
(Continued)
INTERCONNECTION COSTS. The reasonable costs of connection, switching, metering, transmission, distribution, safety provisions, and
administrative costs incurred by the Company that are directly related to installing and maintaining the physical facilities necessary to permit
interconnected operations with a qualifying facility. Costs are considered interconnection costs only to the extent that they exceeded the
corresponding costs which the Company would have incurred if it had not engaged in interconnected operations, but instead generated
from its own facilities or purchased from other sources an equivalent amount of electric energy or capacity. Costs are considered
interconnection costs only to the extent that they exceed the costs utility would incur in selling electricity to the qualifying facility as a
non-generating customer.
METERING CHARGE. The monthly metering charge recovers the cost and installation of the additional meter and the associated billing,
operating, and maintenance expenses.
MN DIA. The Minnesota Distributed Energy Resource Interconnection Agreement. See Company Section 10 tariff.
MN DIP. The Minnesota Distributed Energy Resource Interconnection Process. See Company Section 10 tariff. The MN DIA shall be
considered to be part of the MN DIP.
MN TECHNICAL REQUIREMENTS (OR MINNESOTA TECHNICAL REQUIREMENTS). These are as defined in the MN DIP, Attachment
1, Glossary of Terms, and also include all requirements in the Operating Agreement attached to the MN DIA.
NET INTERCONNECTION CHARGE. The net interconnection charge will be assessed on a non-refundable basis to recover the
Company's reasonable costs of connection, switching, transmission, distribution, safety provisions, and administrative costs that are directly
related to installing and maintaining the physical facilities necessary to permit interconnected operations with a QF or NMF in excess of the
facilities and expenses recovered in the monthly metering charge.
NET METERED FACILITY (NMF). An electric generation facility constructed for the purpose of offsetting energy use through the use of
renewable energy or high-efficiency distributed generation sources.
OFF PEAK PERIOD. The off peak period contains all other hours not included in the on peak period. Definition of on peak and off peak
period is subject to change with change in Company’s system operating characteristics.
ON PEAK PERIOD. The on peak period contains all hours between 9:00 a.m. and 9:00 p.m., Monday through Friday, except the following
holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. When a
designated holiday occurs on Saturday, the preceding Friday will be designated a holiday. When a designated holiday occurs on Sunday,
the following Monday will be designated a holiday.
QUALIFYING FACILITY (QF). A qualifying facility is a cogeneration or small power production facility which satisfies the conditions in 18
Code of Federal Regulations, Part 292.
SMALL QUALIFYING FACILITY (SQF). A small qualifying facility is a qualifying facility with certified capacity of 100 kW AC or less.
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9EXCESS GENERATION-AVERAGE RETAIL UTILITY ENERGY
30th Revised No. 2SERVICE
RATE CODE A50
AVAILABILITY
This service corresponds to Minn. R. 7835.4012 and Minn. R. 7835.4013 (Average Retail Energy Rate) and to Paragraph 3.a of the Uniform
Statewide Contract for Cogeneration and Small Power Production. Available to any qualifying facility (QF) of less than 40 kW AC capacity
who receives non-time of day retail electric service from Company and offsets energy delivered by Company. The A50 Rate Code applies
to the extent the energy delivered by the customer exceeds that supplied by the Company during the monthly billing period, and the rates
below are for that net excess generation.
RATE
Metering charges are as set forth in the Section 10 tariff
Payment per kWh for Energy Delivered to Company in
Excess of Energy Used Oct-May Jun-Sep
With Retail Non-Demand Metered Service $0.12159 $0.13149
With Retail Demand Metered Service $0.07111 $0.08394
TERMS AND CONDITIONS OF SERVICE
1. Energy used by customer in excess of energy delivered by theQF at the same site during the same billing period shall be billed in
accordance with the appropriate non-time of day retail electric rate.
2. For demand metered General Service customers, the entire kW demand supplied by the Company at the same site during the same
billing period shall be billed to the customer according to the appropriate general service demand charge rate.
3. Interconnection charges will be assessed by the Company on an individual basis for all costs associated with addition to or modification
of Company facilities to accommodate the QF. The net interconnection charge is the responsibility of the QF.
4. The voltage and phase of customer's generator must be consistent with existing service and approved by the Company.
5. The customer must comply with the MN Technical Requirements.
Date Filed: 01-03-22 By: Christopher B. Clark Effective Date: 04-01-22
President, Northern States Power Company, a Minnesota corporation
Docket No. E999/PR-22-9 Order Date: 003-09-22
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9SALE TO COMPANY AFTER CUSTOMER SELF-USE
28th Revised Sheet No. 3RATE CODE A51, A52
AVAILABILITY
This service corresponds to Minn. R. 7835.4012, .4014 (Simultaneous Purchase and Sale Billing Rate) and .4015 (Time-of-Day Purchase
Rates) and to Paragraphs 3.b., 3.c., 4.a and 4.b of the Uniform Statewide Contract for Cogeneration and Small Power Production. Available
to any qualifying facility (QF) customer of less than 1,000 kW AC capacity. The energy payment rates below apply to the energy which the
customer exports to the Company after any self-use by the customer.
RATE
Metering charges are as set forth in the Section 10 tariff
Where the customer receives non-time of day retail electric service, the following Rate Code applies.
Payment Schedule for Energy Delivered to Company (A51) Oct-May Jun-Sep
Energy Payment per kWh $0.03031 $0.03213
Capacity Payment for Firm Power per kWh $0.00176 $0.01252
Where the customer receives time of day retail electric service, the following Rate Code applies.
Payment Schedule for Energy Delivered to Company (A52) Oct-May Jun-Sep
On Peak Energy Payment per kWh $0.03821 $0.04484
Off Peak Energy Payment per kWh $0.02613 $0.02525
Capacity Payment for Firm Power per On Peak kWh $0.00506 $0.03589
DETERMINATION OF FIRM POWER
The customer will have supplied firm power if during the billing period an on peak capacity factor of at least 65% was achieved. The
calculation of the on peak capacity factor will be as follows: the average on peak period metered capacity delivered to the Company for the
on peak period of the billing period divided by the greatest 15 minute metered capacity delivered for the on peak period of the same billing
period expressed in percent and rounded to the nearest whole percent. If the percent calculated is 65 or greater, capacity payment will be
made. If the percent calculated is less than 65, capacity payment will not be made.
(Continued on Sheet No. 9-3.1)
Date Filed: 01-03-22 By: Christopher B. Clark Effective Date: 04-01-22
President, Northern States Power Company, a Minnesota corporation
Docket No. E999/PR-22-9 Order Date: 03-09-22
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9SALE TO COMPANY AFTER CUSTOMER SELF-USE
1st Revised Sheet No. 3.1RATE CODE A51, A52 (Continued)
TERMS AND CONDITIONS OF SERVICE
1. Electric service provided by Company to customer at the same site shall be billed in accordance with the retail rate applicable to the
customer.
2. Interconnection charges will be assessed by the Company on an individual basis for all costs associated with addition to or modification
of Company facilities to accommodate the customer. The net interconnection charge is the responsibility of the customer.
3. The voltage and phase of customer's generator must be consistent with existing service and approved by the Company.
4. The customer must comply with the MN Technical Requirements.
5. Individual System Capacity Limits apply.
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9MONTHLY NET METERING
427th Revised Sheet No. RATE CODE A53, A54
AVAILABILITY
This service corresponds to Minn. R. 7835.4012, .4014 (Simultaneous Purchase and Sale Billing Rate) and .4015 (Time-of-Day Purchase
Rates) and to Paragraphs 3.b., 3.c., 4.a. and 4.b.of the Uniform Statewide Contract for Cogeneration and Small Power Production.
Available to any qualifying facility (QF) customer of less than 1,000 kW AC capacity. The energy payment rates below apply to the extent
the energy delivered by the customer exceeds that supplied by the Company during the monthly billing period, and the rates below are for
that net excess generation.
RATE
Metering charges are as set forth in the Section 10 tariff
Where the customer receives non-time of day retail electric service, the following Rate Code applies.
Payment Schedule for Energy Delivered to Company in Excess
of Energy Used (A53) Oct-May Jun-Sep
Energy Payment per kWh $0.03031 $0.03213
Capacity Payment for Firm Power per kWh $0.00176 $0.01252
Where the customer receives time of day retail electric service, the following Rate Code applies.
Payment Schedule for Energy Delivered to Company in Excess
of Energy Used (A54) Oct-May Jun-Sep
On Peak Energy Payment per kWh $0.03821 $0.04484
Off Peak Energy Payment per kWh $0.02613 $0.02525
Capacity Payment for Firm Power per On Peak kWh $0.00506 $0.03589
DETERMINATION OF FIRM POWER
The customer will have supplied firm power if during the billing period an on peak capacity factor of at least 65% was achieved. The
calculation of the on peak capacity factor will be as follows: the average on peak period metered capacity delivered to the Company for the
on peak period of the billing period divided by the greatest 15 minute metered capacity delivered for the on peak period of the same billing
period expressed in percent and rounded to the nearest whole percent. If the percent calculated is 65 or greater, capacity payment will be
made. If the percent calculated is less than 65, capacity payment will not be made.
(Continued on Sheet No. 9-4.1)
Date Filed: 01-03-22 By: Christopher B. Clark Effective Date: 04-01-22
President, Northern States Power Company, a Minnesota corporation
Docket No. E999/PR-22-9 Order Date: 03-09-22
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9MONTHLY NET METERING
1st Revised Sheet No. 4.1RATE CODE A53, A54 (Continued)
TERMS AND CONDITIONS OF SERVICE
1. Electric service provided by Company to customer in excess of energy delivered by the QF at the same site during the same billing
period shall be billed in accordance with the retail rate applicable to customer.
2. For demand metered General Service customers, the entire kW demand supplied by the Company at the same site during the same
billing period shall be billed to the customer according to the appropriate general service demand charge rate.
3. Interconnection charges will be assessed by the Company on an individual basis for all costs associated with addition to or modification
of Company facilities to accommodate the customer. The net interconnection charge is the responsibility of the customer.
4. The voltage and phase of customer's generator must be consistent with existing service and approved by the Company.
5. The customer must comply with the MN Technical Requirements.
6. Individual System Capacity Limits apply.
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTIC RATE BOOK - MPUC NO. 2
Section No. 9ANNUAL NET METERING (KWH BANKING OPTION)
7th Revised Sheet No. 4.2RATE CODE A55, A56
Availability
This service corresponds to Minn. R. 7835.4012, .4014 (Simultaneous Purchase and Sale Billing Rate), .4015 (Time-of-Day Purchase
Rates), and .4017 (Net Metered Facility; Bill Credits), and to Paragraphs 5.a, 5.b, and 5.c of the Uniform Statewide Contract for
Cogeneration and Small Power Production. Available to a qualifying facility (QF) or Net Metered Facility (NMF) customer who elects to be
compensated for net input into the utility’s system in the form of a kilowatt-hour credit on the customer’s bill for that customer’s account,
subject to the following conditions:
A. The customer is not receiving a value of solar rate under Minnesota Statutes, section 216B.164, subdivision 10;
B. The customer is interconnected with the Company; and
C. The customer has at least 40 kilowatt AC capacity but less than 1,000 kilowatt AC capacity.
Metering charges are as set forth in the Section 10 tariff
The Company compensates the customer, in the form of an energy payment, for the bank balance for kWh credits annually at the rate set
forth below.
Energy Payment per kWh for Customers on non-time Annual
of day Service Tariffs (A55) $0.03098
Time of Day Service Customers (A56) Annual
On Peak Energy Payment per kWh $0.04065
Off Peak Energy Payment per kWh $0.02581
Capacity Payment for FirmPower
where customer receives Oct-May Jun-Sep
non-time of day retail electric service per kWh $0.00176 $0.01252
time of day retail electric service per on-peak kWh $0.00506 $0.03589
Determination of Firm Power
The customer will have supplied firm power if during the billing period an on peak capacity factor of at least 65% was achieved. The
calculation of the on peak capacity factor will be as follows: the average on peak period metered capacity delivered to the Company for the
on peak period of the billing period divided by the greatest 15 minute metered capacity delivered for the on peak period of the same billing
period expressed in percent and rounded to the nearest whole percent. If the percent calculated is 65 or greater, capacity payment will be
made. If the percent calculated is less than 65, capacity payment will not be made.
(Continued on Sheet No. 9-4.3)
Date Filed: 01-03-22 By: Christopher B. Clark Effective Date: 04-01-22
President, Northern States Power Company, a Minnesota corporation
Docket No. E999/PR-22-9 Order Date: 03-09-22
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9ANNUAL NET METERING(KWH BANKING OPTION)
1st Revised Sheet No. 4.3RATE CODE A55, A56 (Continued)
TERMS AND CONDITIONS OF SERVICE
1. Electric service provided by Company to customer in excess of energy delivered by the QF or NMF including the depletion of any banked
excess generation at the same site shall be billed in accordance with the retail rate applicable to customer.
2. For demand metered General Service customers, the entire kW demand supplied by the Company at the same site during the same
billing period shall be billed to the customer according to the appropriate general service demand charge rate.
3. Interconnection charges will be assessed by the Company on an individual basis for all costs associated with addition to or modification
of Company facilities to accommodate the customer. The net interconnection charge is the responsibility of the customer.
4. The voltage and phase of customer's generator must be consistent with existing service and approved by the Company.
5. The customer must comply with the MN Technical Requirements.
6. Individual System Capacity Limits apply.
7. The Company will credit customers electing to “bank” annually via an on-bill credit for that customer’s account posted on the bill following
the billing cycle that includes December 31 and reflects payment for the bank balance for kWh credits accumulated up through the closing
date on that bill which includes December31. The effect of netting customer generation against customer use occurs on a roughly annual
basis, but for administrative purposes may be a few days off from a calendar year. The bank balance increases or decreases monthly, but
at end of any given monthly billing cycle never goes below zero.
8. To choose Annual Net Metering, the customer should select Paragraphs 5.a. in the Uniform Statewide Contract for Cogeneration and
Small Power Production, in addition to either Paragraph 5.b. or 5.c of that contract.
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company,a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9RULES AND REGULATIONS APPLICABLE TO
3rd Revised Sheet No. 5COGENERATION AND SMALL POWER PRODUCTION
FACILITIES
APPLICATION OF THE MN DIP
To the extent that an application or interconnection is subject to the MN DIP, and there is any inconsistency between the interconnection
requirements of this Section 9 related to Cogeneration and Small Power Production and the MN DIP as set forth in the Section 10 tariff or
the MN Technical Requirements, the interconnection requirements of the MN DIP and MN Technical Requirements shall control over the
interconnection requirements of this Section 9 tariff related to Cogeneration and Small Power Production. Notwithstanding this, for purposes
of interpreting this Section 9 tariff related to Cogeneration and Small Power Production the MN DIP or MN Technical Requirements will not
control over the interconnection requirements of this Section 9 tariff related to Cogeneration and Small Power Production that define the
terms “Qualifying Facility” and “Generation System”.
FACILITY LOCATION AND COMPLIANCE
Customer agrees to locate the qualifying facility (QF) or Net Metered Facility (NMF) so as to not cause a hazard to the Company distribution
system. Wind generators may only be installed at Company approved locations that preclude any possibility of the generation system
contacting any Company facilities if the system accidentally topples over. The total tower height, including the propeller when in the highest
position, must be used in the determination. Customer agrees that the installation shall be in compliance with all applicable electric codes
and the QF will be operated only after the installation has been inspected and approved by the appropriate authorities. Customer
understands and agrees that Company approval of the proposed or installed QF does not preclude the necessity of customer obtaining all
required permits, building and zoning variations, and applicable inspections.
TECHNICAL INTERCONNECTION REQUIREMENTS
The MN Technical Requirements apply. Before a customer signs the Uniform Statewide Contract, the Company must distribute to that
customer a copy of, electronic link to, the then-current MN Technical Requirements.
CONNECTION AND SAFETY DISCONNECT SWITCH
Company agrees to permit customer to connect the proposed QF to the Company distribution system on the load side of customer's meter.
The connection must be made through a customer provided, customer installed, National Electrical Manufacturer's Association approved,
manual safety disconnect switch of adequate ampere capacity. The switch shall not open the neutral when the switch is open. This switch
shall have provisions for being padlocked in the open position with a standard Company padlock. Customer agrees to locate the switch in a
position accessible to Company personnel, and further agrees that the switch may be operated by Company personnel at all times that
such operation is deemed necessary by Company for safety and operating reasons. QF's using line commutated synchronous inverters
shall have the inverters connected on the load side (QF side) of the safety disconnect switch.
(Continued on Sheet No. 9-5.1)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9RULES AND REGULATIONS APPLICABLE TO COGENERATION
Original Sheet No. 5.1ANDSMALL POWER PRODUCTION FACILITIES (Continued)
DISTRIBUTION SYSTEM ADEQUACY
The proposed QF installation will be reviewed by Company to determine adequacy of the associated Company distribution system
components. The customer agrees to reimburse Company for the addition, modification, or replacement of any distribution system
components made necessary by customer's QF or NMF installation.
INTERFERENCE
Customer agrees to disconnect the QF or NMF from the Company distribution system or to reimburse Company for cost of necessary
system modifications if operation of the QF or NMF causes radio, television, or electrical service interference to other customers, or
interference with the operation of Company's system.
SPECIAL METERING
Customer agrees to allow Company at Company's expense to install necessary special metering and measuring equipment at the above
address to provide information on the effect of the QF or NMF.
(Continued on Sheet No. 9-6)
Date Filed: 03-11-16 By: Christopher B. Clark Effective Date: 07-21-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-16-222 Order Date: 05-22-17
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9RULES AND REGULATIONS APPLICABLE TO
Revised Sheet No. 6COGENERATION AND SMALL POWER PRODUCTION 3rd
FACILITIES (Continued)
MAIN SERVICE METERING SCENARIOS
1. No Sale to Company
If customer does not intend to sell energy to Company, the billing of customer's electrical consumption provided by Company will be on the
available retail rates and the electric meter measuring this consumption will be configured to allow measurement only of energy flow into the
customer's premises. Customer will provide all meter socket replacement and rewiring required to accommodate this meter that measures
energy flow in one direction only. Where the customer chooses no sale to the Company, the customer will need to sign either the Section
10 Interconnection Agreement where the MN DIP does not apply, or the MN DIA where the MN DIP does apply, but does not need to sign
the Section 9 Uniform Statewide Contract. Even if the no sale option is selected, for systems sized 40 kW AC or larger, the customer will
still need a production meter for a new interconnection of a generating system, and the metering charge will correspond to the applicable
metering charge in the Section 10 tariff.
Or
2. Sales of All or Part of Customer Produced Energy
If customer intends to sell energy to Company under this Section 9 tariff, a meter will be installed by the Company that will record energy
delivered. Production meters are not required for systems rated under 40 kW. Customer will provide all meter socket replacement and
rewiring required to install any applicable meter.
REVENUE LOSS
Company shall not be liable for revenue lost by customer due to Company's inability to purchase or wheel customer generated energy for
any reason not within Company's reasonable control.
(Continued on Sheet No. 9-7)
Date Filed: 07-17-20 By: Christopher B. Clark Effective Date: 12-24-20
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-20-606 Order Date: 11-24-20
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9RULES AND REGULATIONS APPLICABLE TO
2nd Revised Sheet No. 7COGENERATION AND SMALL POWER PRODUCTION
FACILITIES (Continued)
KIND OF CUSTOMER SERVICE SUPPLIED TO COMPANY
Customer agrees to supply and Company agrees to accept electric service in the form of 277/480 3ph phase, 3 wire for single phase and 4
wire, alternating current at a nominal frequency of 60 hertz, and at a nominal voltage of 277/480 3ph located at 2801wire for three phase
Red Wing Blvd., Hastings, Dakota, Minnesota, 55033 .
PARALLEL OPERATION
Customer shall provide the necessary equipment as approved by Company to operate the QF or NMF in parallel with Company's
distribution system. The QF or NMF shall be equipped consistent with the MN Technical Requirements.
INSURANCE
The customer shall maintain during the term of this agreement liability insurance which insures customer against all claims for property
damage and for personal injury or death arising out of, resulting from, or in any manner connected with the installation, operation, and
maintenance of the QF or NMF. The insurance requirements are as set forth in the Section 10 tariff.
SPECIAL LOSS FACTOR ADJUSTMENT
If the SQF is located at a site outside Company service territory and energy is delivered to Company through facilities owned by another
utility, energy payments will be adjusted downward reflecting losses occurring between point of generation and point of receipt by
Company.
(Continued on Sheet No. 9-8)
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
VIII-16
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9RULES AND REGULATIONS APPLICABLE TO COGENERATION
3rd Revised Sheet No. 8AND SMALL POWER PRODUCTION FACILITIES (Continued)
SPECIAL INTERCONNECTION FACILITIES
The metering charge assumes common use of all Company facilities, up to the metering point, for both receipt and delivery of energy. Any
additional facilities required by Company to accommodate the QF or NMF will require QF or NMF to pay a net interconnection charge in
advance.
METERING REQUIREMENTS
The QF or NMF shall make provision for on-site metering. On-site use of QF or NMF output shall be unmetered for purposes of
compensation. QF or NMF shall cooperate with and allow Company to install and have access to on-site monitoring equipment for
purposes of gathering QF or NMF performance data. A Company-owned bi-directional meter is required to be installed at each service
location associated with each new Customer generation source subject to this tariff. A production meter may be required, in addition to the
bi-directional meter, in certain circumstances. A production meter is not required for systems rated under 40 kW AC, unless that system is
subject to an incentive or program rule requiring a production meter (e.g., Solar*Rewards). A production meter is required for all systems
rated 40 kW AC or above. Customer will provide all meter housing and socket replacement and rewiring to install the metering.
BI-DIRECTIONAL METER
A bi-directional meter located at the main service will record energy delivered to the customer from the Company, and energy received by
the Company from customer. Installation of a new bi-directional meter may not be required if the configuration of a customer's facilities
allows and a previously installed bi-directional meter provides the information necessary for billing purposes.
PRODUCTION METER
The second (Production) meter will record energy generated by the QF or NMF system only. The Company shall install, or cause to be
installed, own, operate and maintain the Production meter to measure the AC production of the QF or NMF system when a production
meter is required. At customer's request, additional production meters, beyond Company-required production meters, may be installed if
approved by the Company at the Customer's expense.
METERING CHARGES
Customer shall be charged the applicable metering charges as set forth in the Section 10 tariff. Payment for any additional facilities required
by Company to accommodate the QF or NMF system will be consistent with the MN DIP, and where applicable, the MN DIA.
(Continued on Sheet No. 9-8.1)
Date Filed: 07-17-20 By: Christopher B. Clark Effective Date: 12-24-20
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-20-606 Order Date: 11-24-20
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1.
2.
3.
4.
5.
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9RULES AND REGULATIONS APPLICABLE TO COGENERATION
Original Sheet No. 8.1AND SMALL POWER PRODUCTION FACILITIES (Continued)
AGGREGATION OF METERS
The Company will aggregate meters at the request of a customer for services provided under Rate Codes A50, A51, A52, A53, A54, A55 or
A56. The Company must aggregate for billing purposes a customer's designated distributed generation bi-directional meter with one or
more aggregated retail meters if a customer requests that it to do so. To qualify for aggregation:
the meters must be located on contiguous property owned by the customer requesting the aggregation,
the account(s) associated with the meters must be in the name of the same customer,
the retail services associate with the aggregated meters of a customer must be either all time-of-day or all
non-time-of-day,
the total of all aggregated meters must be subject in the aggregate to the size limitation under the single Rate
Code chosen by the customer applicable to all of the aggregated meters (i.e., Rate Code A50, A51, A52, A53, A54,
A55 or A56), and
if the customer has chosen the A53, A54, A55 or A56 rate code, the total of all aggregated meters is subject in the
aggregate to the Individual System Capacity Limits,
As the term is used here, "contiguous property" means property owned or leased by the customer sharing a common border, without regard
to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, or Company rights-of-way. The
Company must comply with a request by a customer-generator to aggregate additional meters within 90 days. The specific meters must be
identified at the time of the request. In the event that more than one meter is identified, the customer must designate the rank order for the
aggregated meters to which the net metered credits are to be applied. At least 60 days prior to the beginning of the next annual billing
period, a customer may amend the rank order of the aggregated meters. The aggregation of meters applies only to charges that use
kilowatt-hours as the billing determinant. All other charges applicable to each meter account shall be billed to the customer. The Company
will first apply the kilowatt-hour credit to the charges for the designated meter and then to the charges for the aggregated meters in the rank
order specified by the customer. If the Net Metered Facility supplies more electricity to the Company than the energy usage recorded by the
customer-generator's designated and aggregated meters during a monthly billing period, the Company will apply, at the election of the
customer, any excess production based on a monthly credit (Rate Codes A50, A51, A52, A53 or A54) or the Annual Metering (kWh Banking
Option, Rate Codes A55 or A56). Where a monthly credit is chosen, Company shall apply monetary credits to the customer's next monthly
bill for the excess kilowatt-hours. The fee to cover the administrative costs incurred in implementing meter aggregation requests is $3.00
per month per retail meter for the meters that are aggregated.
(Continued on Sheet No. 9-8.2)
Date Filed: 03-11-16 By: Christopher B. Clark Effective Date: 07-21-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-16-222 Order Date: 05-22-17
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9RULES AND REGULATIONS APPLICABLE TO COGENERATION
1st Revised Sheet No. 8.2AND SMALL POWER PRODUCTION FACILITIES (Continued)
OWNERSHIP OF RENEWABLE ENERGY CREDITS
Generators own all renewable energy credits unless:
A. other ownership is expressly provided for by a contract between a generator and a utility;
B. state law specifies a different outcome; or
C. specific Commission orders or rules specify a different outcome.
DISTRIBUTED GENERATION PPAs WHERE RATE CODES A51-A56 DO NOT APPLY
If a qualifying facility (QF) has capacity of at least 40 kW AC but less than 1,000 kW AC and does not comply with the Individual System
Capacity Limits, then the rate codes A51-A56 do not apply. These rate codes also do not apply, for example, where the QF or other
distributed generation (DG) has a capacity of 1,000 kW AC or more. In circumstances where Rate Codes A51-A56 do not apply, then the
Section 9 Uniform Statewide Contract also does not apply. Where the Section 9 Uniform Statewide Contract does not apply, the DG
customer may apply for interconnection under the Company's Section 10 tariff. Whether the Company pays for energy or capacity delivered
to it would depend on whether there is a power purchase agreement (PPA) and further depend on the rates, terms and conditions in the
PPA. Nothing in this tariff shall be construed to obligate Company to enter into a PPA. The obligation to enter into such a PPA with a DG
customer takes into consideration many factors, including whether there is a Legally Enforceable Obligation (LEO) of the Company to enter
into such a PPA and the proposed rates, terms and conditions. The Company may also voluntarily enter into a PPA with a DG customer.
Should a DG customer and Company enter into a PPA where the Section 9 Uniform Statewide Contract does not apply (and no other
then the following procedures willSection 9 tariffed contract applies, such as a Solar*Rewards contract), apply:
1. If the DG is over 10 MW AC nameplate capacity, the PPA along with the associated Interconnection Agreement will need to be approved
by the Commission.
2. If the DG has a nameplate capacity of 40 kW up to and including 10 MW AC, and is for a term of more than 5 years, the Company shall
file the PPA with the Commission and the Company shall be permitted to proceed with the PPA beginning 32 days after filing if no objection
or intent to object is filed within 30 days of filing. If there is an objection or intent to object filed in this 30-day time frame, then the
Commission will need to issue an order approving the PPA before the PPA is approved.
3. If the DG has a nameplate capacity of 40 kW up to and including 10 MW AC, and is for a term of 5 years or less, the Company may
proceed with the PPA, but the Commission can examine the prudency of rates in the PPA during any request for rate recovery..
4. Notwithstanding the above, if the Commission has otherwise directed that a Commission order is needed for the PPA to be approved
then that Commission directive shall apply.
Date Filed: 12-14-18 By: Christopher B. Clark Effective Date: 05-09-19
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-18-714 Order Date: 05-09-19
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9STANDARD CONTRACT AND AGREEMENT FORMS
1st Revised Sheet No. 9
Listed below are the titles of standard contract or service agreementformsCompany requiresof customers for cogeneration and small power
production purchase services. Copies of the forms are shown on the following sheets in the order listed.
1. Uniform Statewide Contract for Cogeneration and Small Power Production Facilities
The form for the Uniform Statewide Contract must be applied to all new and existing interconnections between the Company and
cogeneration and small power production facilities having less than 1,000 kilowatts AC of capacity except that any existing interconnection
contract executed between the Company and a QF with capacity of less than 40 kilowatts AC remains in force until terminated by mutual
agreement of the parties or as otherwise specified in the contract.
Date Filed: 03-11-16 By: Christopher B. Clark Effective Date: 07-21-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-16-222 Order Date: 05-22-17
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9UNIFORM STATEWIDE CONTRACT FOR
2nd Revised Sheet No. 10COGENERATION AND SMALL PRODUCTION
FACILITIES
UNIFORM STATEWIDE CONTRACT FOR
COGENERATION AND SMALL POWER PRODUCTION FACILITIES
THIS CONTRACT is entered into on Sep 18, 2024, by Northern States Power Company, a Minnesota corporation and wholly owned
subsidiary of Xcel Energy Inc. (hereafter called “Utility”) and City of Hastings (hereafter called “QF”).
RECITALS
The QF has installed electric generating facilities, consisting of an interconnected qualified facility, rated at 125.000 kilowatts of electricity,
on property located at 2801 Red Wing Blvd., Hastings, Dakota, Minnesota, 55033.
The QF is prepared to generate electricity in parallel with the Utility.
The QF’s electric generating facilities meet the requirements of the Minnesota Public Utilities Commission (hereafter called “Commission”)
rules on Cogeneration and Small Power Production and any technical standards for interconnection the Utility has established that are
authorized by those rules.
The Utility is obligated under federal and Minnesota law to interconnect with the QF and to purchase electricity offered for sale by the QF.
A contract between the QF and the Utility is required by the Commission’s rules.
AGREEMENTS
The QF and the Utility agree:
1. The Utility will sell electricity to the QF under the rate schedule in force for the class of customer to which the QF belongs.
2. The Cooperative Electric Association or Municipally Owned Electric Utility will buy electricity from the QF under the current rate schedule
filed with the Commission. The QF elects the rate schedule category hereinafter indicated:
_____ a. Average retail utility energy rate under part 7835.3300.
_____ b. Simultaneous purchase and sale billing rate under part 7835.3400.
_____ c. Time-of-day purchase rates under part 7835.3500.
A copy of the presently filed rate schedule is attached to this contract.
(Continued on Sheet No. 9-10.1)
Date Filed: 03-11-16 By: Christopher B. Clark Effective Date: 07-21-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-16-222 Order Date: 05-22-17
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9UNIFORM STATEWIDE CONTRACT FOR
Original Sheet No. 10.1COGENERATION AND SMALL PRODUCTION
FACILITIES (Continued)
3. The Public Utility will buy electricity from the QF under the current rate schedule filed with the Commission. If the QF has less than 40
kilowatts capacity, the QF elects the rate schedule category hereinafter indicated:
_____ a. Average retail utility energy rate under part 7835.4013.
_____ b. Simultaneous purchase and sale billing rate under part 7835.4014.
_____ c. Time-of-day purchase rates under part 7835.4015.
A copy of the presently filed rate schedule is attached to this contract.
4. The Public Utility will buy electricity from the QF under the current rate schedule filed with the Commission. If the QF is not a net metered
facility and has at least 40 kilowatts capacity but less than 1,000 kilowatt capacity, the QF elects the rate schedule category hereinafter
indicated:
_____ a. Simultaneous purchase and sale billing rate under part 7835.4014.
_____ b. Time-of-day purchase rates under part 7835.4015.
A copy of the presently filed rate schedule is attached to this contract.
5. The Utility will buy electricity from a net metered facility under the current rate schedule filed with the Commission or will compensate the
facility in the form of a kilowatt-hour credit on the facility’s energy bill. If the net metered facility has at least 40 kilowatts capacity but less
than 1,000 kilowatts capacity, the QF elects the rate schedule category hereinafter indicated (choose par. a, and then also choose either
par. b or par. c): A55
_5/A_ a. Kilowatt-hour energy credit on the customer’s energy bill, carried forward and applied to subsequent energy bills, with an annual
true-up under part 7835.4017.
_A55_ b. Simultaneous purchase and sale billing rate under part 7835.4014.
_____ c. Time-of-day purchase rates under part 7835.4015.
A copy of the presently filed rate schedule is attached to this contract.
6. The rates for sales and purchases of electricity may change over the time this contract is in force, due to actions of the Utility or of the
Commission, and the QF and the Utility agree that sales and purchases will be made under the rates in effect each month during the time
this contract is in force.
(Continued on Sheet No. 9-11)
Date Filed: 03-11-16 By: Christopher B. Clark Effective Date: 07-21-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-16-222 Order Date: 05-22-17
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9UNIFORM STATEWIDE CONTRACT FOR
1st Revised Sheet No. 11COGENERATION AND SMALL PRODUCTION
FACILITIES (Continued)
7. The Utility will compute the charges and payments for purchases and sales for each billing period. Any net credit to the QF, other than
kilowatt-hour credits under clause 5, will be made under one of the following options as chosen by the QF: Bill Credit
__X__ a. Credit to the QF’s account with the Utility.
_____ b. Paid by check to the QF within 15 days of the billing date.
8. Renewable energy credits associated with generation from the facility are owned by:City of Hastings (QF) .
9. The QF must operate its electric generating facilities within any rules, regulations, and policies adopted by the Utility not prohibited by the
Commission’s rules on Cogeneration and Small Power Production which provide reasonable technical connection and operating
specifications for the QF. (Northern States Power Company's Rules and Regulations Applicable to Cogeneration and Small Power
Production Facilities are attached). This agreement does not waive the QF’s right to bring a dispute before the Commission as authorized
by Minnesota Rules, part 7835.4500, and any other provision of the Commission’s rules on Cogeneration and Small PowerProduction
authorizing Commission resolution of a dispute.
10. The Utility’s rules, regulations, and policies must conform to the Commission’s rules on Cogeneration and Small Power Production.
11. The QF will operate its electric generating facilities so that they conform to the national, state, and local electric and safety codes, and
will be responsible for the costs of conformance.
12. The QF is responsible for the actual, reasonable costs of interconnection which are estimated to be $ (No fees outstanding). The QF will
pay the Utility in this way: Consistent with the process outlined in the Section 10 Interconnection Tariff.
13. The QF will give the Utility reasonable access to its property and electric generating facilities if the configuration of those facilities does
not permit disconnection or testing from the Utility’s side of the interconnection. If the Utility enters the QF’s property, the Utility will remain
responsible for its personnel.
14. The Utility may stop providing electricity to the QF during a system emergency. The Utility will not discriminate against the QF when it
stops providing electricity or when it resumes providing electricity.
(Continued on Sheet No. 9-12)
Date Filed: 03-11-16 By: Christopher B. Clark Effective Date: 07-21-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-16-222 Order Date: 05-22-17
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9UNIFORM STATEWIDE CONTRACT FOR
1st Revised Sheet No. 12COGENERATION AND SMALL PRODUCTION
FACILITIES (Continued)
15. The Utility may stop purchasing electricity from the QF when necessary for the Utility to construct, install, maintain, repair, replace,
remove, investigate, or inspect any equipment or facilities within its electric system. The Utility will notify the QF before it stops purchasing
electricity in this way: Consistent with the process outlined in the Section 10 Interconnection Tariff.
16. The QF will keep in force liability insurance against personal or property damage due to the installation, interconnection, and operation
of its electric generating facilities. The amount of insurance coverage will be consistent with the requirements of the Section 10
Interconnection Tariff. ($300,000 for systems up to 40 kWAC; $1,000,000 for systems larger than this up to 250 kWAC; and $2,000,000 for
systems larger than this up to 1MW) (The amount must be consistent with the Commission's interconnection standards under Minnesota
Rules, par 7835.4750).
17. This contract becomes effective as soon as it is signed by the QF and the Utility. This contract will remain in force until either the QF or
the Utility gives written notice to the other that the contract is canceled. This contract will be canceled 30 days after notice is given.
18. This contract contains all the agreements made between the QF and the Utility except that this contract shall at all times be subject to
all rules and orders issued by the Public Utilities Commission or other government agency having jurisdiction over the subject matter of this
contract. The QF and the Utility are not responsible for any agreements other than those stated in this contract.
THE QF AND THE UTILITY HAVE READ THIS CONTRACT AND AGREE TO BE BOUND BY ITS TERMS. AS EVIDENCE OF THEIR
AGREEMENT, THEY HAVE EACH SIGNED THIS CONTRACT BELOW ON THE DATE WRITTEN AT THE BEGINNING OF THIS
CONTRACT.
QF (System Owner) NORTHERN STATES POWER COMPANY,
a Minnesota corporation and wholly owned
subsidiary of Xcel Energy Inc.
By By [[SertifiSignature_1_1]] [[SertifiSignature_2]]
(Title) (Title) [[SertifiTitle_1_1]] Manager and above, Customer Strategy and Solutions
Date Date [[SertifiDate_1_1]] [[SertifiDate_2]]
Date Filed: 03-11-16 By: Christopher B. Clark Effective Date: 07-21-17
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-16-222 Order Date: 05-22-17
VIII-16
1.
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Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2
Section No. 9UNIFORM STATEWIDE CONTRACT FOR
1st Revised Sheet No. COGENERATION AND SMALL PRODUCTION
12.1
FACILITIES - Approved Nonstandard Provisions Consistent with Minn. R. 7835.9920
Where a tenant has signed the Uniform Statewide Contract for a generation system that is the subject of a
Solar*Rewards Contract with Addendum for Solar*Rewards Customer Contract (Addressing Solar*Rewards
Program for Low-Income Tenants for Single Family Homes or Multi-Unit Dwellings), and that tenant later moves
out and a new tenant moves in, then that new tenant (and any subsequent tenant) who is receiving electrical
service at that premise shall be entitled to the net metering benefits as set forth in the Uniform Statewide Contract
without the need for that tenant to sign the Uniform Statewide Contract. The terms and conditions, and benefits
and responsibilities, set forth in the Uniform Statewide Contract shall apply to the then-current tenant. In the
absence of an affirmative selection by the tenant, then the A50 net metering rate code shall apply. The
then-current tenant can contact Northern States Power Company by telephone or other reasonable means
mutually agreed upon at any time to change this selection from among the available net metering rate codes for
that premise. Northern States Power Company shall provide written notice to the then-current tenant of the
applicability of the Uniform Statewide Contract and of the applicable net metering rate code.
Where a landlord owner of a premises is the owner of a non-Solar*Rewards DER system that is the subject of a
Section 10 tariff Interconnection Agreement or MN DIA, and that DER system is connected to the meter where a
tenant is the named Customer receiving retail electrical service, then the tenant (and any subsequent tenant) who
is receiving electrical service at that premise shall be entitled to the net metering benefits as set forth in the
Uniform Statewide Contract without the need for that tenant to sign the Uniform Statewide Contract. As used in this
section, and consistent with Minn. Stat. § 216B.02, the term “tenant” means any of the following: 1. a tenant or
cooperative or condominium owner in a building owned, leased, or operated by the owner of the DER system; or 2.
an occupant of a manufactured home or trailer park owned, leased, or operated by the owner of the DER system.
The benefits (but not the responsibilities) of net metering as, set forth in the Uniform Statewide Contract shall flow
to the named customer whose meter is connected to the DER, subject to offset for metering charges. The named
customer remains responsible for terms, conditions and responsibilities of all retail electric customers that may also
be identified as responsibilities in the Uniform Statewide Contract. In the absence of an affirmative selection by the
tenant, then the A50 net metering rate code shall apply provided that the tenant would otherwise qualify for that
rate code. If the tenant does not qualify for the A50 net metering rate code, then in the absence of a selection by
the tenant the A55 net metering rate code shall apply for retail customers on non-time of day service, and the A56
net metering rate code shall apply for retail customers on time of day service, provided that the tenant would
otherwise qualify for these rate codes. The then-current tenant can contact Northern States Power Company by
telephone or other reasonable means mutually agreed upon at any time to change this selection from among the
available net metering rate codes for that premise. Northern States Power Company shall provide written notice to
the then-current tenant of the applicability of certain provisions of the Uniform Statewide Contract and of the
applicable net metering rate code. The monthly metering charges associated with the QF DER system would be
applied to the tenant notwithstanding provisions to the contrary that may be in the Interconnection Agreement or
MN DIA, and the net metering benefits less monthly metering charges are the only terms being assigned from the
Interconnection Customer to the named customer receiving retail service at the meter where the DER is
interconnected. This tariff provision only applies where the DER system is physically connected to the meter where
a tenant is the named Customer receiving retail electric service. Accordingly, in the case of multi-tenant apartment
buildings, this tariff provision only applies where the DER system is physically connected to the meter where a
tenant is the named Customer receiving retail electric service.
VIII-16
Date Filed: 06-29-21 By: Christopher B. Clark Effective Date: 05-23-23
President, Northern States Power Company, a Minnesota corporation
Docket No. E002/M-21-433 Order Date: 05-13-22
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 7, 2024
Item: Trail Easement
Council Action Requested: Approve easement for a segment of the Three
Rivers Trail.
Background Information: Portions of the Three Rivers Trail were
constructed within drainage and utility easements, which is not the preferred
easement type. Along with that, a short segment of trail is proposed to be
added to the trail to help with trail user experience as well as maintenance
efforts. This new segment is outside of the existing drainage and utility
easement and was included as a part of this process.
Staff worked with representatives of the two Homeowners’ Associations,
surveyors and legal to prepare the easement. Staff recommend approval of
this new permanent trail easement.
Financial Impact: Some costs were incurred for survey and legal fees,
however those will be allocated to the approved trail budget.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Permanent Trail Easement
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: October 7th, 2024
Item: Declare surplus property and authorize for public sale.
Council Action Requested:
Declare vehicle as surplus property and authorize for public sale.
Background Information:
The City of Hastings currently has a retired 2018 Ford Police Interceptor Utility squad car that has been
removed from service with an excess of 80,000 miles. This vehicle is no longer needed for City use
however it still has value. The vehicle has been assigned to the marked fleet since it was put in service.
Upon declaration of the vehicle as excess/surplus property, it will be made available for public sale via a
commercially available online auction service. The following vehicle is to be declared surplus/excess and
authorized for sale:
2018 Ford Police Interceptor Utility H1801 1FM5K8AR3JGC43009
Financial Impact:
Positive budgetary impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
None
VIII-18
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 7, 2024
Item: Award Contract: Lake Rebecca Natural Resources Project
Council Action Requested: Award contract for the Lake Rebecca Natural
Resources Project.
Background Information: This is one phase of the overall LCCMR funded
Lake Rebecca Project, which will enhance the habitat within undeveloped
park areas.
Our consulting team collected all the necessary information and put together
project specifications in line with the intent and limitations of the grant
funding and solicited quotes for the project. Five quotes were received, and
Minnesota Native Landscapes was the low responsive quote.
Staff recommend awarding the contract for this project as proposed in the
attached recommendation.
Financial Impact: The project is grant funded, no impact on City budget.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Award Recommendation
IX-01
Emmons & Olivier Resources, Inc. is an Equal Opportunity Affirmative Action Employer
1919 University Avenue West, Suite 300 St. Paul, MN 55104 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com
memo
Project Name | Lake Rebecca Park – Habitat Improvements Date | 10/02/2024
To / Contact info | Hastings City Council
Cc / Contact info |
Chris Jenkins, Hastings Parks & Recreation Director
Gabrielle Grinde, HKGi Project Manager
Kevin Biehn, EOR
From / Contact info | Jimmy Marty, EOR
Kyle Crawford, EOR
Regarding | Recommendation for Award of Project
The purpose of this memorandum is to provide a recommendation for selecting a Contractor to
construct the Lake Rebecca Park – Habitat Improvements Project.
Bid Summary
The Request for Quotes was sent to nine “prequalified” prospective contractors on September 17,
2024, with an Addendum sent out September 23 responses to contractor questions. Quotes were due
via email on October 1, 2024 at 10:00am.
For us to formulate our recommendation, we compared the Total Quote values for each of the
contractors. There were no Add Alternates for this project.
A total of 5 Quotes were received and the overall low bidder was Minnesota Native Landscapes, with
a Base Bid of $133,383.50. Review of the submitted quote packages and relevant project experience
was performed by Emmons & Olivier Resources, Inc. (EOR). All required quote documents were
provided, and no additional documentation is necessary at this time.
Recommendation
Following our review of their project experience and bid package and discussion with Hastings Parks
and Recreation staff, we are recommending approval of the Total Quote and award of the contract to
the low responsive bidder, Minnesota Native Landscapes, in the amount of $133,383.50.
After discussion with Hastings P&R staff, it is recommended the Council authorize the Hastings Parks
and Recreation Director to execute change orders, if necessary, in an amount not to exceed (in total)
10% of the construction contract to prevent extra construction delays or costs.
COMPANY REQUIRED QUOTE
DOCUMENTS TOTAL QUOTE
Minnesota Native Landscapes $133,383.50
Prairie Restorations, Inc. $149,884.90
Native Resource Preservation $159,778.51
Engineer’s Estimate N/A $163,743.50
Landbridge Ecological $173,355.70
RES Great Lakes, LLC $199,963.50
IX-01
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Cody Mathisen – City Engineer
Date: October 7, 2024
Item: Implement Parking Restrictions on Ashland Street between 9th Street W and 10th Street W
COUNCIL ACTION REQUESTED
Council is requested to approve implementing parking restrictions on Ashland Street between 9th Street W and
10th Street W.
BACKGROUND INFORMATION
City Engineering staff has received multiple safety concerns from constituents and emergency services along
this block of Ashland Street. In late October of 2023, upgrades to the existing tennis courts along this block
were completed which included the addition of new pickleball courts. Following the upgrades, there has been a
substantial increase in visitors to the courts resulting in an increased demand for parking in the area.
Staff has been inspecting the area at various times of day to document the impact this increased parking has on
safety along the corridor. After analyzing the area over multiple weeks, staff confirmed that parking demand is
generating sight line and safety issues, with the most notable being:
Westbound vehicles on 10th Street turning left towards Highway 55 have obstructed sight lines.
Drivers on Ashland Street generally have poor visibility and at times insufficient space for two-way
traffic. Both issues are accentuated by the steep hill along this block.
STAFF RECOMMENDATION
To address these issues, staff recommends designating the east side of Ashland Street (from 9th to 10th Street)
as “No-Parking” to improve safety and visibility. Key points of this recommendation include:
The west side of Ashland is better for tennis/pickleball court visitors, with an ADA-accessible sidewalk
already established, no need to cross the street, and no residential driveways to contend with.
Removing parking from the east side will displace 10-11 spaces, but there are ample alternative parking
options, including 31 typically vacant angled stalls on 9th Street West which borders the courts.
Although initially effective, attempts to address parking through communications with the Hastings
Pickleball Association have not been successfully sustained, making formal signage necessary.
It is also important to highlight that this recommendation aligns with messaging provided to Council in 2017 when
Ashland Street was reconstructed to a reduced width of 30 feet. At that time, it was discussed that if parking
demand created safety issues, one side of the street could be designated as no parking. The Operations
Committee supported the staff recommendation at their September 9, 2024, Operations Committee Meeting.
FINANCIAL IMPACT
If approved by Council, the cost to the City to place the necessary signs will be approximately $600.
ATTACHMENTS
Resolution adopting the restrictions
Map illustrating the location of the proposed restrictions
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION TO PROHIBIT PARKING ALONG
ASHLAND STREET BETWEEN 9TH STREET WEST AND 10TH STREET WEST
WHEREAS, City staff have observed substantial vehicle parking along both sides of Ashland Street between 9th
Street West and 10th Street West for visitors of the tennis and pickleball court facilities, and
WHEREAS, said parking is inhibiting visibility and clear sight lines, presenting concerns for safety of pedestrians
and vehicles navigating the roadway in this area.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
1. Parking will be prohibited on the East Side of Ashland Street between 9th Street West and 10th Street West
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7th DAY OF OCTOBER, 2024
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Paige Marschall Bigler, Recreation Programming Specialist
Date: October 7, 2024
Item: Levee Park Programming Overview
Council Action Requested:
No action is being requested
Background Information:
The ninth season of programming at the Rotary Pavilion in Levee Park took place from June 4 to
September 18, 2024. The Hastings Parks and Recreation Department coordinated 28 events,
averaging two per week, with the cancellation of seven events due to inclement weather. We are
pleased to report that over 6,600 individuals attended these events, in addition to 38 park rentals
hosted at the Pavilion.
We extend our sincere appreciation to our event sponsors, partners, attendees, City Council
members, and Parks and Recreation Commissioners for their invaluable support. We look forward
to continuing our collaboration and coordinating exciting events in 2025.
Financial Impact:
The City of Hastings allocated $20,000 for Levee Park programming in 2024, complemented by an
additional $13,500 in sponsorships and donations received this year.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
Levee Park Recap Presentation
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PROGRAMMING OVERVIEW
JUNE - SEPTEMBER 2024
LEVEE PARK
HASTINGS PARKS AND RECREATION DEPARTMENT
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Social Media Newsletter Local Media Partners Print Materials
OUTREACH PLATFORMS
Facebook and
Instagram
REELS, Stories,
Posts, Events
creation and
Branding
Summer & Fall
Hastings Area
Households
includes
Full Calendar
HCTV, KDWA
Hastings Journal
Hastings Chamber
Todd Field Sign
Walgreens Billboard
ISD 200 - PeachJar
Calendar of
Events Local
Distribution,
Big Belly Bins
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PROGRAM & EVENT
ATTENDANCE
2016
39 Events
3,600
2017
40 Events
4,700
People
2018
38 Events
3,900
People
2019
37 Events
4,400
People
2020
25 Events
3,000
2021
37 Events
5,400
People
2022
31 Events
8,300
People
2023
31 Events
9,700
People 2024
28 Events
6,600
People
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1
2
4
12
PARTY IN THE PARK
MAKE MUSIC DAY
SUMMER KICK OFF
REC+ART+POLICE
PROGRAM SERIES & EVENTS
COMEDY IN THE PARK
BIKE WITH A RANGER
MOVIE IN THE PARK
STORYTIME IN THE PARK
MUSIC IN THE PARK
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QUESTIONS?
Paige Marschall Bigler
Recreation Program Specialist
pmarschall@hastingsmn.gov
920 West 10th Street
651-480-6182
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: October 7, 2024
Item: PFAS Update
Council Action Requested:
Informational memo, no action requested at this time.
Background Information
Hastings has PFAS contamination in all six of our municipal wells (specifically PFOA in all six
wells and PFOS in two wells). We’ve also now found PFOA levels over the EPA’s limit in the
future Well No. 9 site. The City has completed a Feasibility Study to consider alternatives to
mitigate the PFAS. The study recommended construction of three decentralized water treatment
plants for PFAS and Nitrate removal.
The general plan is to build one WTP per year for three years. Design work has started for WTP
1 which is located in the Industrial Park, a commercial site. This WTP would serve the wells
with the highest levels of PFAS and Nitrates. Several years ago, the City already installed
watermain for a future WTP due to the Nitrate treatment being anticipated. This WTP will likely
be put out for bids in early 2025.
The current construction cost estimate is $68.9M with expectation to trend higher. Without
financial assistance, water rates would need to double in three years and triple in five years. The
City has been exploring and pursuing multiple opportunities to offset this “budget buster”
expense.
Key Updates
Siting Study: The Feasibility Study is a planning document, geared toward functionality and
cost effectiveness, not final sites. This summer Public Works followed up with a Siting Study to
identify several potential sites for WTPs 2 and 3. There was a strong preference to avoid
residential neighborhoods.
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Potential sites were vetted against engineering criteria such as proximity to water and sewer
infrastructure, proximity to wells, adequately sized water mains, road access, and location within
pressure zones. Then they were modeled for feasibility and reviewed for cost estimates based on
land acquisition and length of watermains and sewer mains that would be needed.
This study was presented at the September 3 City Council meeting, with preferred sites on North
Frontage Road for WTP 2 and on General Sieben Drive for WTP 3. On September 16, City
Council met in a closed session pursuant to Minnesota Statutes 13D.05 subd 3(c) to develop
offers for purchase of real property.
Subsequently, we have hired Valbridge Property Advisors for appraisals of the two sites and are
getting quotes for a firm to conduct a lease analysis to help with statutory requirements for
relocating existing businesses at the North Frontage Road site.
State Capital Budget: The City submitted PFAS Treatment & Raw Water Lines for
consideration in the State’s 2024 Capital Budget due to the budget-busting expense, the fact that
the treatment is to remove contamination/pollution caused by others, and the suddenness of new
regulations preventing financial planning. Sen. Seeberger and Rep. Hudella indicated support
and introduced SF 3161 and HF 3115.
The legislative session ended May 20 without passage of a bonding bill. I expect we will renew
our State Capital Budget Request for next session. We are presently scheduling a meeting with
Sen. Pappas, Chair of the Senate Capital Investment Committee, to provide an update on our
project and funding needs.
Minnesota Veterans Home:
The Minnesota Veterans Home is presently served by a private well, which also has PFAS
exceeding the EPA limits. In discussions with leadership at the Veterans Home, we had the first
phase of our project include design of an interconnection of the Veterans Home water system to
the City’s water system, avoiding the need for the Veterans Home to construct and maintain a
treatment plant for its private water system.
Without state bonding to cover the first phase, the City cannot cover the cost of the interconnect.
The Veterans Home may now conducting a feasibility study to determine whether to construct
and maintain its own water treatment plant or to connect to the City water system. We offered
that we could assess the connection at an estimated cost of $1.7M. This does not need to be done
as part of the WTP 1 phase; it can relatively easily be picked up singly or in conjunction with
either of the other WTPs.
Congressionally Directed Spending / Community Project Funding: In April, we submitted
requests of Senator Klobuchar, Senator Smith, and Representative Craig for $10.3M (50%) of
the first phase of the project. This amount is higher than typically funded.
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All three advanced our request to their respective Appropriations Committees; however, it was
not approved through the Senate Appropriations Committee. As it worked through “mark up” by
the Appropriations Committees, it is now proposed at a little over $1M. This is a first step and
not a final decision. Senator Smith’s office said that approval would not occur until November at
the earliest and potentially into 2025.
PPL/IUP: In 2023, the City submitted the project for the State’s Drinking Water Revolving
Fund Project Priority List (PPL). On May 1, 2024, we re-submitted to correct errors and to
recognize new EPA regulations of MCLs for PFAS, which will result in our ranking at or near
the top of the list. Additionally, we submitted the first two phases of the project for the Intended
Use Plan (IUP) in early June. Although the Drinking Water Revolving Fund is not our preferred
funding source, it has the possibility of a $3M Emerging Contaminants Grant for each phase. We
have been told that grant decisions will be in November.
Water Rates: With budget planning for 2025 (including workshops on June 3 and June 17), we
will need to discuss potential water rate increases, phasing, and timing. At present, the
recommended budget includes a rate increase of 37.3%. On an average residence using 15,000
gallons per quarter, this would be an increase of about $15 per quarter. This would be the first of
several increases coinciding with construction of each of the three WTPs. In total, rates would
double in three years and triple in five years without financial assistance.
The City Council agreed that delaying the start of WTP 1 from bidding in September 2024 to
February 2025 was best. This allows for possible decisions on recent funding applications,
potential increases to water rates continue as part of the overall budget discussion for January
implementation and offers more time for communication and transparency with residents.
Communications staff is sending a postcard to all residents/businesses around October 11
notifying them of the pending increase. Other parts of the communications plan will include
utility billing inserts, letter to largest volume water users, FAQs on the website (these will also
help front desk staff to answer questions and will also be printed as handouts for people without
computer access), KDWA interview, overview and Q&A with Chamber of Commerce
Government Affairs Round Table, newsletter, and social media.
3M Settlement: The 2018 Settlement Agreement provides grant money for drinking water
projects “in the East Metropolitan Area.” It is not limited to any specifically named cities or
townships and does not require a direction connection to one of the 3M disposal sites. Similarly,
Minnesota’s Conceptual Drinking Water Supply Plan does not require a direct connection to one
of the disposal sites. However, the State’s Co-Trustees (MPCA and DNR) have stated that a
direct connection should be required and has excluded Hastings from funding under the
Settlement Agreement.
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Although we disagree with the Co-Trustees’ interpretation, we value our relationship with them
and have endeavored to not have this disagreement come between our mutual efforts. The
MPCA has been helpful in conducting Phase I and II environmental site assessments, requesting
3M to conduct additional investigation of its disposal site and hydraulic modeling in the Hastings
area, and has awarded a planning and design grant for Hastings to begin design engineering for
the treatment plants.
Additionally, the 2007 Consent Order does require a direct connection to one of the East Metro
disposal sites. This is extra important since the Co-Trustees have recently said that the
Settlement Funds will run out as they cover currently proposed East Metro projects, so they will
be transitioning to the Consent Order in the next couple years.
We believe the environmental studies have resulted in several lines of evidence of a connection
of Well #5 to the 3M Cottage Grove site, specifically: updated Minnesota Geological Survey
mapping of a fault in the bedrock, presence of HQ115/TFSI in Well #5, and additional water
composition and PFOA chemical analyses.
We met with the Co-Trustees and Attorney General’s Office in late July, and they agreed that
there is a connection between Well #5 and 3M. They propose to use the Superfund process to
require 3M to cover the costs associated with Well #5, and MPCA notified 3M of such in mid
August. MPCA and 3M are presently discussing whether 3M might voluntarily enroll as a
responsible party in the Superfund program.
Although it is exciting that we may receive some funding, Superfund is often a long process. The
financial coverage and impact on our construction schedule are unknown until we might have a
draft Superfund agreement.
In the meantime, I the environmental investigations will continue as planned by the MPCA to
determine connection and eligibility for the City’s other wells.
3M Cottage Grove Draft NPDES/SDS Permit: The MPCA is considering an updated
wastewater permit for the 3M Cottage Grove facility. An advanced wastewater treatment system
is proposed to treat the facility’s wastewater, stormwater, and cooling water; contaminated
groundwater and leachate from a nearby landfill; water from a local power station; and
decommissioning activities related to its incinerator. The permit would add new water quality
protections for the Mississippi River and improve accountability through monitoring and
reporting requirements, including removal of certain PFAS chemicals.
On behalf of the City, I submitted comments on the draft permit requesting 3M be financially
responsible for damage it has already caused to Hastings drinking water and to the environment,
stricter monitoring and regulation of discharge (particularly for PFAS), and greater public
transparency.
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Financial Impact:
Not applicable
Committee Discussion:
Not applicable
Attachments:
Not applicable
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