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City Council <br /> Meeting Minutes <br /> December 7, 2010 <br /> Page 7 of 10 <br /> Public Works Director Phare reported on solar power proposals, which include options <br /> to lease the solar power equipment. Staff pursued possible solar power projects under <br /> an agreement format requiring the City to have a relationship with the design /build entity <br /> and a separate relationship with an equipment lease entity. Louisville's solar power <br /> projects would be eligible for rebates from Xcel for installing renewable energy <br /> generating capacity, and renewable energy credits from Xcel for reducing loads on the <br /> electrical grid. <br /> Three agreements would be necessary to construct solar power generating facilities at <br /> the City's utility plants through an equipment lease structure. The first agreement would <br /> be with Bella Energy for the design and installation of the solar power generating <br /> facilities at the City's utility plants in the amount of $1,330,000. The second agreement <br /> is an Equipment Lease Agreement, which provides the financing of the solar power <br /> project by Zions Credit Corporation and obligates the City to pay annual lease <br /> payments. The third agreement is a Progress Funding Agreement with Zions Credit <br /> Corporation to satisfy the safe harbor requirement. <br /> It is important for the solar power equipment to be clearly identifiable as an asset owned <br /> by the leasing company in order to secure the federal tax incentives. Provisions of the <br /> Progress Funding Agreement allow for meeting the safe harbor requirement to optimize <br /> tax incentives with a contingency, should the equipment lease not become effective. <br /> The Progress Funding Agreement requires the City to pay interest costs during <br /> construction. Bella Energy has agreed to absorb those costs within their agreement up <br /> to a maximum of $7,500. Because of the safe harbor requirement, it is necessary to <br /> enter into an agreement with Bella Energy prior to the equipment lease ordinance being <br /> effective. This agreement is associated with solar power equipment acquisition and <br /> installation, which must be incurred by year's end. <br /> Staff requested Resolution No. 75 and 76, Series 2010 be continued to the next City <br /> Council meeting, December 21, 2010. <br /> PUBLIC COMMENT <br /> John Dallapiazza, Bella Energy, 400 S. Author Avenue, Suite 500, Louisville, CO stated <br /> his financial projections are different from those presented by Public Works Director <br /> Phare. He felt the Public Works Director's projections were too conservative with <br /> respect to the return on investments. He presented a spreadsheet, which illustrated his <br /> projection for the return on the proposed solar project investment. He noted the life of a <br /> solar system is more than 20 years and averages between 35 to 40 years. He projected <br /> for the first four years the project would show a negative gain, but a positive gain after <br /> the five -year buyout of the solar system operations. <br /> Michael Menaker, 1827 Choke Cherry Drive, Louisville, CO expressed his concern over <br /> the proposed solar system project and cited several new technologies, which quickly <br />