HomeMy WebLinkAbout07-23-2024 Council PacketCITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
CITY HALL COUNCIL CHAMBERS
TUESDAY, JULY 23, 2024
6:00 PM
6:00 p.m. L
Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
limit comments
times
6:05 p.m. IV. Consent Agenda (Roll Call Vote)
6:00 p.m. II.
Council/Staff Reports
B.
A. Mayor McComber
C.
B. Councilmember Dougherty
D.
C. Councilmember Johnson
E.
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• City Administrator
• Chief of Police
• Assistant City Administrator/City Clerk (pg. 3)
6:05 p.m. III. Visitors/Public Comment
This is
an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda (Please
limit comments
to 3 minutes in length).
6:05 p.m. IV. Consent Agenda (Roll Call Vote)
A.
Approve Bills & Investments
B.
Approve City Council Worksession — June 25, 2024 (pg. 4)
C.
Approve City Council Minutes — June 25, 2024 (pg. 5)
D.
Approve Resolution for Party in the Park Donation from Pizza Man (pg. 9)
E.
Set Public Hearing for August 27, 2024 at 6:00 p.m. for Request by St. Croix
Yacht Club Regarding Noise Ordinance for a Concert to be Held on October 5,
2024 (pg. 11)
F.
Approve Agreement with Eckberg Lammers for the Creation of an Employee
Handbook (pg. 13)
G.
Approve Purchase of Seven Ballistic Protech Shields (pg. 17)
H.
Approve Purchase of Multifunction Copier/Printer/Scanner Device for City Hall
and Service Agreement with Loffler (pg. 19)
I.
Approve Special Event Permit for Homecoming Carnival at Stillwater Area High
School with Food Trucks (pg. 21)
J.
Approve Purchase of Three VKS Pepperball Launchers (pg. 29)
K.
Approve Renewal of City Hall HVAC Maintenance Contract with NAC (pg. 31)
6:10 p.m. V. Public Hearings
A. Public Hearing to Consider Extension of Interim Hemp Ordinance (pg. 41)
B. Public Hearing to Consider Issuance of an On -Sale Intoxicating Liquor License
Including Sunday Sales for SnideLines, LLC dba Stillwater Bowl and Lounge (pg.
45)
C. Public Hearing to Consider Issuance of a License to Sell Cannabinoid Products for
SnideLines, LLC dba Stillwater Bowl and Lounge (pg. 47)
D. Public Hearing to Consider Issuance of an On -Sale Intoxicating Liquor License
Including Sunday Sales for St. Croix Event Center, LLC dba St. Croix Event
Center (pg. 49)
Page 1 of 86
City Council Agenda
July 23, 2024
Page 2
6:30 p.m. VI. Old Business
A. The Heights Proposed Project (pg. 51)
6:40 p.m. VII. New Business
A. Approve Resolution Authorizing the Submittal of a Community Energy Transition
Grant Application (pg. 57)
6:50 p.m. X. Other Council Items or Announcements
6:50 p.m. XI. Adjournment
Page 2 of 86
City of
Oak Park Heights
14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
July 16, 2024
Hugh Burhans
6286 Lookout Trail North
Oak Park Heights, MN 55082
Dear Mr. Burhans:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two residents
each month with their choice of an award of a fire extinguisher and/or smoke
detector.
Your residence was checked on Tuesday, July 16, to determine if you had your
recycling bin out with your regular garbage. Your recycling was out and ready for
collection; therefore, you are one of this month's winners. Please contact me via
phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know
your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Congratulations!
Jennifer Pinski
Assistant City Administrator
TREE CITY U.S.A.
Page 3 of 86
0
CITY OF OAK PARK HEIGHTS
CITY COUNCIL WORKSESSION NOTES
TUESDAY, JUNE 25, 2024
Present: Mayor McComber, Councilmembers Dougherty, Johnson, Liljegren, and Runk; City
Administrator Rife, Assistant City Administrator Pinski, City Attorney Sandstrom, and City
Engineer Mann. Absent: None.
1. Call to Order: Mayor McComber called the meeting to order at 5:00 p.m.
2. 58th Street Extension: City Administrator Rife requested clarification on intention of a
letter that was sent to Washington County regarding a trail funding contribution.
Councilmember Johnson said the Council was willing to consider it if they agreed to the
Memorandum of Understanding, which they did not. Rife asked if the Council wanted the
County to come to the Council to show a draft layout of the extension. Council said yes,
and Councilmember Johnson requested a flyer or postcard be sent to the adjacent
neighborhood.
No action was taken.
3. City Commissioner Compensation: City Council discussed the desire to raise
compensation for Commission members. Council requested staff gather data from other
communities for future discussion.
No action was taken.
4. Housing Improvement Area — Sunnyside Condo Association: City Administrator Rife
reported he was approached by Sunnyside Condominium Association. They were
exploring options for improvements and were requesting housing improvement area
financing. The Council discussed and opted to decline the request in order to not set a
precedent.
No action was taken.
5. 5 -Year Capital Improvement Plan (CIP): City Administrator Rife reviewed items for
the updated CIP. Mayor McComber asked if the City could use park dedication funds for
park cameras. Rife said he would look into it. McComber also asked for the cost to
upgrade the electric utilities at Brekke Park. In discussing the sign at the Norell Avenue
roundabout, Councilmember Johnson asked if the City council install banners on
streetlights to differentiate the area from Stillwater. Rife said he would obtain a proposal
for creating an employee handbook.
No action taken.
6. Adjournment: The meeting was adjourned at 5:40 p.m.
Page 4 of 86
CITY OF OAK PARK HEIGHTS
TUESDAY, JUNE 259 2024
CITY COUNCIL MEETING MINUTES
L Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty,
Johnson, Liljegren, and Runk. Staff present: City Administrator Rife, Police
Sergeant Zwach, Assistant City Administrator/City Clerk Pinski, City Engineer
Mann, City Planner Richards, and City Attorney Sandstrom. Absent: None.
Councilmember Dougherty, seconded by Councilmember Johnson, moved to
approve the Agenda. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported she attended the Energy Transition
Advisory Committee meeting on June 7, the National League of Cities
Small Cities meeting on June 11, a breakfast meeting with Xcel Energy's
King Plant manager, and the Coalition of Utility Cities meeting on June
24; and she would be attending the League of Minnesota Cities annual
Conference that week, the Energy Transition Advisory Committee
meeting on July 12, and a meeting with the lobbyists regarding the next
session. McComber also reported the policy committee meetings had
begun with the League of Minnesota Cities, and she was on the Small
Cities Transportation Policy Committee and the Improving Local
Economies Policy Committee.
B. Councilmember Dou _gheM: He reported he attended the Parks and Trails
Commission worksession to discuss the park walkthroughs and the
Coalition of Utility Cities meeting on June 24. He also said he would be
attending the League of Minnesota Cities Annual Conference that week.
C. Councilmember Johnson: She reported that she was Chairperson of the
Improving Service Delivery Policy Committee with the League of
Minnesota Cities, and that the Middle St. Croix Watershed Management
Organization's meeting was cancelled.
D. Councilmember Liljegren: He reported he attended the Planning
Commission meeting, and there were items on the City Council Agenda
that came from that meeting.
E. Councilmember Runk: He reported he attended the Convention and
Visitor's Bureau meeting, and there was no report for the Cable
Commission.
F. Staff: City Administrator Rife reported that Alison Egger had started as
the City's Finance Director, and that Interim Finance Director Dave Mol
had his last week with the City.
Page 5 of 86
City Council Meeting Minutes
June 25, 2024
Page 2 of 4
Sergeant Zwach reported that the City took delivery of the new radar
tailer, there would be speed enforcement on the bridge on July 16, and
Night to Unite was set for August 6.
Assistant City Administrator/City Clerk Pinski reported that Jonathan
Ehresmann at 14191 601h Street North was chosen as the recycling award
winner. She also thanked Council and Staff for their work at Party in the
Park held on June 6.
III. Visitors/Public Comment: Tim Sheridan of 1399156 1h Street North came
forward and asked if people could obtain radar trailer data. Sergeant Zwach
responded that information was public data and could be requested.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes — May 28, 2024
C. Approve Resolution for Party in the Park Donations
D. Approve Resolution for Donation to the City Parks from Jason and
Kristina Yourczek
E. Approve Purchase of 4 Zoll AED Units and 1 Zoll AED Trainer Unit
F. Approve Purchase of 2025 Chevrolet Silverado Police Vehicle and
Upfitting Equipment
G. Approve Appointment of Full -Time Police Officer Jose Bonilla Rodriguez
H. Approve Resolution Appointing Election Judges for 2024 Elections
I. Approve License for Inside Sales/Storage of Fireworks at Walmart
J. Approve License for Outside Sales/Storage of Fireworks at Walmart
K. Set Public Hearing to Consider Extension of Interim Hemp Ordinance
L. Approve Standard Premium Option for City Workers' Compensation
Insurance for July 2024 — July 2025
M. Appoint Mayor McComber as Voting Delegate for the League of
Minnesota Cities Annual Business Meeting
Councilmember Runk, seconded by Councilmember Liljegren, moved to approve
the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:
A. Public Hearing on Request Regarding Noise Ordinance for Concert at
Stillwater Bowl on July 12, 2024: Mayor McComber opened the Public
Hearing. No written or oral comments were received. Councilmember
Liljegren, seconded by Councilmember Runk, moved to close the Public
Hearing.
Councilmember Dougherty, seconded by Councilmember Johnson, moved
to approve the request as recommended by staff. Carried 5-0.
VI. Old Business: None
Page 6 of 86
City Council Meeting Minutes
June 25, 2024
Page 3 of 4
VII. New Business:
A. The Heights Proposed Project: Comprehensive Plan Amendment,
Rezoning_ Conditional Use Permits. Subdivision. and Architectural Desisn
Guidelines/Site Plan Review: City Planner Richards reviewed his report
for a request for an 81 -unit market rate apartment building. Joel Larson,
President and CEO was present. Mayor McComber said she had a problem
with 58th Street access on the curve, and there may be other points of
access onto Neal or the frontage road. She also said she had concern with
the play structure being so close to 58th Street. Councilmember Liljegren
said the design was fine, but the location was wrong. He said that location
was not zoned for residential, and he felt there would be constant
comments from residents there regarding noise from truck deliveries at
Menards and Kowalski's. Councilmember Dougherty agreed that it was a
land use issue, that that use was not what that land was planned for.
Councilmember Johnson cited concerns regarding pedestrians crossing
58th Street to the trail system and with the design of the parking lot after
the City Council had passed an ordinance for parking lot size reductions.
Councilmember Runk said the land owner had turned down a trail on the
north side of 58th Street because they said it wasn't necessary because it
wasn't going to be residential. Runk also agreed with Liljegren on the
noise concern from Menards, and he brought up a problem with the speed
on 58th Street. He said he objected to the zoning and comprehensive plan
changes. City Attorney Sandstrom recommended the City Council delay
decision until staff had prepared a Resolution for Denial. Mayor
McComber reported that many written comments had been received from
residents, and that those comments would be in City files. No action was
taken.
B. 5676 Oakgreen Avenue North: Comprehensive Plan Amendment: City
Planner Richards reviewed his report for a request to reclassify the land to
medium density residential. Applicant Jaime Junker provided a
presentation. City Planner Richards reported that under the current zoning,
eight units could go on that site, based on the survey provided. Richards
said the Planning Commission requested denial.
Councilmember Johnson, seconded by Councilmember Dougherty, moved
to approve the Resolution of Denial. Roll call vote taken. Carried 5-0.
VIII. Other Council Items or Announcements: None
IX. Adiourn
Councilmember Johnson, seconded by Councilmember Liljegren, moved to
adjourn at 6:55 p.m.
Respectfully submitted, Approved as to Content and Form,
Page 7 of 86
City Council Meeting Minutes
June 25, 2024
Page 4 of 4
Jennifer Pinski Mary McComber
Assistant City Administrator/City Clerk Mayor
Page 8 of 86
RESOLUTION 24-07-21
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECEIPT OF A DONATION TO THE CITY
AND DIRECTING THE DONATION BE USED FOR PARTY IN THE PARK
WHEREAS, the following donation was made to the City of Oak Park Heights
for the Party in the Park:
Pizza Man: $100 sponsorship donation
WHEREAS, the City of Oak Park Heights is grateful for the donations.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park Heights shall accept the donation and that the City is authorized to use the
donation for the Party in the Park.
Passed by the City Council of Oak Park Heights this 23 d day of July, 2024.
ATTEST:
Jacob Rife
City Administrator
Mary McComber
Mayor
Page 9 of 86
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Date: July 23, 2024
Consent
TO: Mayor and City Council
FROM: Jennifer Pinski
AGENDA ITEM: Set Public Hearing for August 27, 2024 at 6:00 p.m. for Request by St. Croix
Yacht Club Regarding Noise Ordinance for a Concert to be Held on October 5, 2024
BACKGROUND:
Melissa Meyer and Matt Schille from St. Croix Yacht Club have filed an application for an indoor
concert on October 12, 2024, and they are requesting the City Council consider authorizing an
extension of two hours allowing the concert to go until 10:30 p.m. and Bluetooth music until 12:00
a.m. on October 13, 2024 and allow a deviation from the noise "audibility provision" of City
Ordinance 1109.04.F.6.a. Under that Ordinance, any sound system cannot be "operated in which it
is plainly audible, at a distance of 50 feet or more from its source between the hours of 10:00 p.m.
and 6:00 a.m."
Following procedure, staff requests that this matter be set for a Public Hearing on August 27, 2024
at 6:00 p.m. A Notice of Public Hearing will be published and mailed to neighbors within a 500 -
foot radius of St. Croix Yacht Club.
FINANCIAL IMPACT:
• Does Action Require an Expenditure of Funds? No
ACTION REQUESTED:
Set Public Hearing for August 27, 2024
ATTACHMENTS:
1. Temporary "Special Event" Permit Application
2. Public Hearing Notice
Page 11 of 86
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Page 12 of 86
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Date: July 23, 2024
Consent
TO: Mayor and City Council
FROM: Jacob Rife, City Administrator
AGENDA ITEM: Approve Agreement with Eckberg Lammers for the Creation of an
Employee Handbook
BACKGROUND:
The City currently has personnel policies located within the City Code, in addition to standalone
policies. Typically, these policies are contained within an employee handbook. It is common
practice for cities to have an employee handbook to establish uniform and equitable personnel
policies.
Given that the City does not have an employee handbook, staff is unsure when all of the personnel
policies have been reviewed to ensure compliance with Federal and State law. The employee
handbook will provide employees clear notice of all City standards and expectations.
Eckberg Lammers has extensive experience in drafting employee handbooks. Attached is an
agreement with Eckberg Lammers to create the Oak Park Heights Employee Handbook.
FINANCIAL IMPACT:
• Does action require expenditure of funds? Yes
• If yes, total cost: $2,500
• Budget line item: 101-40200-103
• Budget amount: $35,000
• Within budget? This cost will be included in the overall Legal Fees line item
ACTION REQUESTED:
Approve agreement with Eckberg Lammers
EXHIBITS
1. Agreement
Page 13 of 86
ECKBERG
LANIMERS
ATTORNEYS AT LAW
FEE AGREEMENT
www.eckberglammers.com
I, City of Oak Park Heights ("Company >" "I " "me," or "my"), do hereby employ and retain the
law firm of Eckberg Lammers, P.C., of Stillwater, Minnesota, to render legal services on my behalf
in connection with review and revising an Employee Handbook based on the laws of the State of
Minnesota.
I understand and agree that the Company will be charged a flat fee of $2,500 for the first draft and
attorney's professional fees for all services rendered after the initial draft on the Company's behalf.
In addition, I agree to pay my attorneys for any and all necessary advances, costs and
disbursements. Any fees paid via credit card will incur a 3% surcharge.
I understand that an advanced fee of $2,500 is required to be paid prior to the commencement of
work on my behalf which constitutes the entire flat fee.
I understand that my attorneys will provide me with periodic statements of my account in order to
inform me on a timely basis of the fees being charged. Absent other arrangements made in writing,
I agree to pay my outstanding account in full within thirty (30) days of the statement date. Should
I fail to keep this agreement, I understand that my attorneys have the right to refuse to proceed
further on my behalf and, at their option, to withdraw their representation.
I understand that interest will be charged on my account at the maximum rate allowed by the Fair
Credit Act, if it becomes past due thirty (30) days.
I agree to keep my attorneys informed of my current address and telephone number, and of all
facts material to my case. I also agree to obey all court orders, reasonable instructions given to me
by my attorneys and the terms of this agreement. If I fail to do this or comply with this retainer
agreement in any other manner, Eckberg Lammers, P.C. may withdraw their representation.
I understand that I have the right to discharge my attorney at any time, but that I will be responsible
for all fees and costs incurred up to the time of receipt of written notice of discharge.
Pursuant to Minn. Stat. 16C.05, Subd. 5, Eckberg Lammers, P.C. agrees that the books, records,
documents, and accounting procedures and practices of Eckberg Lammers, P.C. are subject to
examination by the City and either the legislative auditor or the state auditor, as appropriate, for a
minimum of six years. The Eckberg Lammers, P.C. agrees to maintain these records for a period
of six years from the date of termination of this Agreement.
Eckberg Lammers, P.C. agrees to the provisions of Minn. Stat. 181.59 and agrees any applicable
ordinance relating to civil rights and discrimination shall be considered part of this Agreement as
if fully set forth herein.
Stillwater Office Hudson Office
1809 Northwestern Avenue 430 Second Street
Stillwater, MN 55082 Hudson, WI 54016
Phone: 651-439-2878 Phone: 715-386-3733
Fax: 651-439-2923 Fax: 715-386-6456
The parties hereto intend to use DocuSign for execution of this Agreement and agree that their
DocuSign signatures are as binding as a wet -ink signature. For purposes of this Agreement, a copy
of a party's signature shall be sufficient to bind that party.
I have read and fully understand the above FEE AGREEMENT and acknowledge receipt of a copy
thereof. Via my signature below, I am certifying that I have the ability and authority to obligate
City of Oak Park Heights.
Dated:
Dated:
Mary McComber
Mayor
Jacob Rife
City Administrator
I agree on behalf of Eckberg Lammers, P.C., which I am authorized to obligate, to represent the
client on the basis set forth above.
Dated:
ECKBERG LAMMERS, P.C.
IM
Christina Benson (0402614)
2
Page 15 of 86
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Page 16 of 86
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TO: Mayor and City Council
FROM: Steve Hansen, Chief of Police
AGENDA ITEM: Purchase of 7 Ballistic Protech Shields
Date: July 23, 2024
Consent
BACKGROUND:
The police department currently has only one ballistic protective handheld shield and would like
to move forward with outfitting each police vehicle with its own. These handheld ballistic shields
provide another layer of incredible protection for officers when they respond to gun related
emergency calls for service and other related acts of violence involving weapons. Ballistic shields
provide officers increased capabilities and tactics not only for an active shooter scenario but also
allow for protection or use with de-escalation procedures for close quarter crisis negotiations if
needed.
I am recommending we make this a standard piece of equipment in each of our police vehicles
and purchase 7 ballistic shields through Streicher's under the state contract bid amount listed
below.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes
• IF YES, TOTAL COST: $19,554.20
• BUDGET LINE ITEM: Budgeted Project Fund
BUDGET AMOUNT: $44,556
• WITHIN BUDGET? Yes
ACTION REQUESTED:
Approval to purchase 7 ballistic protech shields
ATTACHMENTS:
1- Streicher's quote
Page 17 of 86
Streicher's - Minneapolis
10911 W Hwy 55
Minneapolis, MN 55441
Phone: 763-546-1155
Fax: 763-546-6776
Federal ID # 41-1458127
STREICHER'S
service since '1953 SALES QUOTE
www.Streichers.com
Sell 615
To: OAK PARK HEIGHTS POLICE DEPT.
14168 OAK PARK BLVD
OAK PARK HEIGHTS, MN 55082
Phone: (651) 439-4723
Fax: (651) 439-3639
Ship Via
Terms Net 15
Sales Quote Number: Q360041
Sales Quote Date: 06/10/24
Page: 1
Ship
To: OAK PARK HEIGHTS POLICE DEPT.
14168 OAK PARK BLVD
OAK PARK HEIGHTS, MN 55082
SalesPerson Rochel Moore
Phone: 612-325-1869
E-mail: rochelm@Streichers.com
Item No. Description Unit Quantity Unit Price Total Price
PRT-WSH.1037
BALL. SHIELD: WSCA ENTRY 1 FR X, 3 -POS
EA
6
2,082.30
12,493.80
HANDLE,24X36,12 LBS
PRT -W401
SHIELD CARRY BAG: WSCA, MEDIUM
EA
6
115.50
693.00
26x36 (SPECIFY SHIELD)
PRT-SH.2597
BALL. SHIELD: ASSAULT II LW 16x30,
EA
1
6,275.00
6,275.00
Horizontal Handle
STR-MISC
Shield Hood Large 18X27, Protech 1156828,
EA
1
92.40
92.40
Quoted prices do not include Sales Tax. All quoted prices are valid for 60 days from the date of the quote.
Total: 19,554.20
Page 18 of 86
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Date: July 23, 2024
Consent
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Approve Purchase of Multifunction Copier/Printer/Scanner Device for
City Hall and Service Agreement with Loffler
BACKGROUND:
The City purchased a Konica Minolta device in 2013. The copier/printer/scanner device is nearing
the end of its lifecycle, and the manufacturer no longer makes parts for the machine. The City
received three proposals for replacement.
Company
Product
Purchase Price
Monthly Fee*
Syr investment*
Metro Sales
Ricoh
$13,824.00
$250.03
$28,825.80
Loffer
Canon
$8,548.20
$191.89
$20,061.60
Coordinated
Kyocera
$8,589.52
$150.10
$17,595.52
*(based on 3700 B/W and 3800 color)
The purchase price includes delivery, installation, training, and removal and disposal of the current
device. Copy costs will fluctuate from month-to-month based on actual copies made. The service
fee also includes unlimited service on all parts, supplying of parts, travel, supplies, labor, and toner.
These costs do not include copy paper.
The City's Capital Improvement Plan does include $15,000 for replacement of the multifunction
device in 2024. Staff has an established and highly regarded relationship with Loffler.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes
• IF YES, TOTAL COST: $8,548.20
• BUDGET LINE ITEM: 101-44444-920 Budgeted Projects Fund Transfers
BUDGET AMOUNT: $15,000.00
• WITHIN BUDGET? Yes
ACTION REQUESTED:
Approve Purchase of Multifunction Copier/Printer/Scanner Device for City Hall and
Service Agreement with Loffler
ATTACHMENTS:
Quote from Loffler
Page 19 of 86
Recommended Solution
Canon's comprehensive portfolio of imageRUNNER ADVANCE multifunction printers and integrated solutions can help simplify the end user
experience and management of technology, better control sensitive information and print -related costs, and help ensure that technology investments
proactively evolve with changing needs.
Canon imageRUNNER ADVANCE DX C5850i
Components Included:
50 Pages per Minute (B&W & Color)
10.1" Intuitive Touchscreen with Smartphone-like Usability.
1200 x 1200 dpi
1,200 sheet Paper Supply (Standard)
(2) 550 sheet Paper Cassettes
100 sheet Stack Bypass
200 -Sheet Single Pass Duplexing Document Feeder
Scan Speed Single Side: up to 135 ppm
Scan Speed Double Side: up to 270 ppm
Color Scan to Email, Scan to File and Scan to Word
Print up to 12X18 paper size
250GB HDD
Automatic Trayless Duplexing stock photo - does not represent proposed configuration
UFRII Print Kit, PCL Print Kit, and PS Print Kit
Delivery, Professional Service Installation, Implementation and Training
Canon DX C5850i
High Capacity Cassette Feeding Unit -C1
Booklet Finisher -Al with Tri -Fold
Buffer Pass Unit -P2 (required for All Booklet Finisher)
Power Filter
Total
10% discount
Service and Supply Aureenlent:
All B&W images: $0.00657 per copy
All Color images: $0.0441 per copy
Includes ALL Service Calls, Parts, Labor, Toner, and Staples
Purchase Price
60 Mo Lease
$6,100.00
$125.11
$829.00
$17.00
$2,327.00
$47.73
$167.00
$3.43
$75.00
$1.54
$9,498.00 $194.80
$8,548.20 $175.32
LOF+LER Page 20 of 86
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Date: July 23, 2024
Consent
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Approve Special Event Permit for Homecoming Carnival at Stillwater Area
High School with Food Trucks
BACKGROUND:
Stillwater Area Public Schools filed an application for a special event permit to host the 2024
Homecoming Carnival on September 20, 2024. Per the application, the event expects an
attendance of up to 5,000 people, and set up would be in the afternoon with operation between
4:30 and 6:30 p.m.
This event has occurred in the past, and there have not been any significant concerns. However, as
there would be more than one food truck, the permit must be approved by the City Council. Staff
has reviewed the application and recommends approval, with conditions.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Approve Special Event Permit for Homecoming Carnival at Stillwater Area High School with
Food Trucks
ATTACHMENTS:
1. Special Event Permit Application with attachments
2. Draft Permit
Page 21 of 86
CITY OF OAK PARK HEIGHTS
SPECIAL EVENT PERMIT — TERMS AND CONDITIONS
THIS PERMIT is made this day of July, 2024 between the City of Oak Park Heights,
Washington County, Minnesota ("City"), and the Stillwater Area Independent School District #834
("ISD834).
Event. The City hereby authorizes ISD834 to organize and conduct a SPECIAL EVENT on
September 20, 2024 being the Homecoming Carnival at the Stillwater Area High School. A listing
of anticipated attendees and general scope of the Event is attached as Exhibit A.
City Costs. ISD834 is responsible to ensure that the City is reimbursed for all costs incurred by the
City that may result due to the event, including but not limited to costs from the City Police
Department, Public Works Department, and Fire Department as needed to safely respond to such
event.
City Police. Any City Police staff assigned during the event are there as a general law enforcement
presence. The number of City Police Officers, times, and their exact roles remains in the sole
discretion of the Chief of Police. The City Police is not responsible for general security at the
event.
Insurance, Hold Harmless, and Indemnity. ISD834 agrees to and shall indemnify, release, and hold
harmless the City with regard to any claims, causes of action or demands that are brought against
the City arising out of the events authorized by this Permit. ISD834 shall also indemnify and hold
harmless the City with regard to any claims, causes of action, or demands that may be brought
against the City from any participants or attendees of this event as contemplated in the Permit.
ISD834 shall provide the City proof of liability insurance in an amount not less than $1,000,000
and such document shall name the City as an additionally insured. This document shall be supplied
to the City not later than September 17, 2024.
Emergency Plan. ISD834 has supplied to the City a comprehensive emergency plan that addresses
issues related to injury, evacuation, communication, and other relatable emergency protocols for
the event and shall be applicable to all spectators, participants, coaches, and staff. This plan is
included in Exhibit A.
City Commitments. The City has not committed any specific resources to benefit or assist in this
event. ISD834 takes and assumes full responsibility for any and all site operations.
STILLWATER AREA INDEPENDENT SCHOOL DISTRICT 9834
Pete Heldstab, Facility Use Coordinator
Page 22 of 86
CITY OF OAK PARK HEIGHTS
Mary McComber, Mayor
Attest:
Jacob Rife, City Administrator
Page 23 of 86
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4A, -
City of Oak Park Heights
14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 Phone
(651) 439-4439 • Fax (651) 439-0574
www.cityofoakparkheights.com
Temporary "Special Event" Sign/Banner
& Temporary Outdoor Sales Tent
Permit Application
PLEASE TYPE OR PRINT
Applicant's Name: Pete Heldstab
Business Name: Stillwater Area Public Schools
Address: 1875 Greeley St. S. Stillwater, MN 55125
Title: Coordinator of Facility Use
Street City State Zip
Phone: 651-351-8454 Fax: Other:
Applicant Email Address: heldstabp@stillwaterschools.org
Type: Check All Applicable
Banner _ Sign
Balloon Tent Other: Homecoming Carnival
Description of Item(s): Include message content, location, exact dimensions of item(s) and how it/they
will be erected (e.g. banner attached to building wall). Please use the back of this application if you need
additional room. For tent placement a site plan must be submitted with this application, showing location,
number of parking spaces, if any displaced, etc.
Homecoming Carnival before football game, 4:30-6:30pm.
Free inflatables and gamesfor kids,
7 food trucks around the island near the Admin entrance.
Date Item(s) Will Be Erected: 9/20/24
■ 50 Days Maximum Per Calendar Year
Dated Item(s) Will Be Removed: 9/20/24
By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local
Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights. The
applicant further agrees to place and remove temporary signage as approved and notify Code Enforcement
of any change to design, location or placement duration.
Pete Heldstab
Applicant's Signature
For Office Use Only:
Date Issued:
Duration:
Accumulated Duration:
Permit Fee: None
Permit Granted/Denied by:
Reason for Denial (if denied):
Dated: 7/9/24
Julie Hultman, Building Official
Planning & Code Enforcement
Direct: (651) 351-1661
FAX: (651) 439-0574
Email: jhultman@cityofoakparkheights.com
Page 24 of 86
Temporary "Special Event" Sign/Banner
& Temporary Outdoor Sales Tent
Permit Application
Page 2
Continued Description (from page 1):
Site Plan:
Food Truck Information
Tacqueria Los Paisanos: Linda/Oscar Hernandez - 651-231-5266 / 651-278-0835
GoBBQ (Street Eats Grill): Sean - 651-964-9266 - sean@goconcessions.com
Pete's Fresh Cut Potato Blossoms: Khin - 651-373-5917 - pete@usfamily.net
Roxys Waffles: Eva Stafne - 651-318-8103 - roxyswaffles@gmail.com
Kona Ice: Natalie and Ryan Thiesen - rnthiesen@kona-ice.com
The American Dream Machine: Karli Spahr - 651-242-8333
karli@theamericandreammachine.com
Greater Tator food truck: Chaz Lecy - 651-560-2028 - chaz@greatertator.org
Site Plan —Additional Information:
Page 25 (9 q6.05.18
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Page 26 of 86
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Page 28 of 86
a� Oak Park,%._
G
TO: Mayor and City Council
FROM: Steve Hansen, Chief of Police
AGENDA ITEM: Purchase of 3 VKS Pepperball Launchers
Date: July 23, 2024
Consent
BACKGROUND:
The police department currently has only two pepperball launchers and would like to move
forward with outfitting each police patrol vehicle with its own. These pepperball launchers have
proven to be an effective tool for law enforcement and provide a non -lethal option when dealing
with dynamic calls for service involving weapons or physical confrontations. These pepperball
launchers allow officers to de-escalate situations from a safe distance and provide increased
capabilities of improved tactics.
I am recommending we make this a standard piece of equipment in each of our police patrol
vehicles and purchase 3 VKS Pepperball launchers and accessories through Streicher's under the
state contract bid amount listed below.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes
• IF YES, TOTAL COST: $7,500
• BUDGET LINE ITEM: Budgeted Project Fund
BUDGET AMOUNT: $44,556
• WITHIN BUDGET? Yes
ACTION REQUESTED:
Approval to purchase 7 ballistic protech shields
ATTACHMENTS:
1- Pepperball Spec Sheet
Page 29 of 86
(E)
PepperBall
C
VKS PRO TM
The VKS PRO is a top -tier, semi-automatic launcher with adjustable kinetics,
and a game -changer in non -lethal operations. Deploy .68 caliber round or
long-range VXR'" projectiles for added flexibility. The VKS PRO mirrors the Available Color Options:
AR -15 platform, making it easy to adopt and integrate into agency programs. ■ ,
-0 SPECIFICATIONS SKU 743-03-0002 PRO Yellow / SKU 743-03-0004 PRO Black
6lbs 31" 13" HPA
2.7 kg 78 cm 33 cm CO2
FEATURES
■ Mirrors AR -15 Platform
■ Solid Reinforced Construction
■ Compatible With Round and VXR Projectiles
■ No Recoil
■ Reflex Sight
7.3-20.6 ft Ib
68 Semi -auto 15/160
10-28J
■ Flip Safety Switch
■ SplitShot'" Compatible
■ M-LOK Handguard
■ Ambidextrous Quick Disconnect Sling Mount
■ Maximum Range of 150 ft
Sales (858) 638-0236 1 International Sales +1 260-478-2500 1 sales@pepperball.com I PepperBall.com
Page 30 of 86
G
Date: 7/23/2024
Consent
TO: Mayor and City Council
FROM: Andrew Kegley, Public Works Director
AGENDA ITEM: Renew City Hall HVAC maintenance contract with NAC
BACKGROUND:
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes
• IF YES, TOTAL COST: $10, 440 /Year for 3 years
• BUDGET LINE ITEM: City Hall Building Maintenance
BUDGET AMOUNT:
• WITHIN BUDGET? Yes
ACTION REQUESTED: Approve request to renew the City Hall HVAC equipment
maintenance contract with NAC
ATTACHMENTS: Mechanical Customer Support Agreement August 1, 2024 — July 31, 2027
Page 31 of 86
Mechanical & Electrical Services
Mechanical
Customer Support Agreement
Ci
Customized For
F Oak Park Heiahts
Term
August 1, 2024, through July 31, 2027
Prepared By:
Stephen Kotzmacher
Account Manager
7/17/2024
Page 32 of 86
Introduction
City of Oak Park Heights operations staff will be responsible for the day to day operations of the building
automation and managing the HVAC system. The facility staff has been trained and is experienced in
managing the different areas of HVAC and temperature controls. Because of this, they do not require a high
level of support from vendors; but use Customer Support Agreements (CSA) to augment their current
knowledge and protect their equipment investment and maximize utility efficiency use over the long term.
Customer Support Agreement (CSA) Goals
• Develop a maintenance relationship with Client to promote the use of automated operation and proactive
maintenance of systems to maximize facility staff throughput and utility savings.
• Support facility staff with pre -season performance testing and maintenance.
• Extend the life of the owner's mechanical assets beyond industry standards and thus reducing downtime
and repair cost and maximizing Client ROI.
• Allow Client to focus on their core competencies to execute their mission.
• Constant improvement through Continuous Commissioning. Always looking to improve the benchmark
that has been set.
Proposal Contents
• NAC Custom Service Plan Features (based upon customer request/input)
• Schedule of Services
• Customer Support Agreement Pricing Summary/Signature Page
• Terms and Conditions
*Specific Cost Saving Facts
• If you are overheating your space by just 3Deg, due to miscalibrated controls, this will cause an increase
in your fuel consumption by over 16% when it is below 50Deg outside.
• Temperature control systems out of calibration cause increased operational cost of 5-15% per year. This
is based on servicing hot and cold calls throughout their shifts.
• Setting back the temperature 10Deg in a building, unoccupied 12 hours per day and 41 hours per
weekend, results in utility savings of approximately 24%.
Dirty air filters in air handling units increase the total static pressure .5" and generates the need for 10%
additional horse power.
• One millimeter of scale will raise the energy consumption of a chiller 10% at full load.
*Source (Terry A. Thompson "Preventive Maintenance Save Energy Dollars" Engineered Systems)
Page 33 of 86
Confidential & Proprietary Information
pkl Ara
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NAC Customer Support Agreement
The following is a comprehensive list of the Support Services NAC offers to maximize the value of your
investment in your Mechanical and your Building Control Systems. Following this list of Support
Services is a detailed description of each offering and the value that it provides.
1. Mechanical, Electrical, and Plumbing Preventive Maintenance and Performance
Testing Services
• Mechanical Systems
Electrical Systems
• Plumbing Systems
2. Emergency Response Services (Standard or Premium)
• On -Site Response
3. General Services; Included in All Support Agreements
• Account Management
• Documentation of All Services Provided
• Quality Assurance Program
3
Confidential R Proprietary Information
Page 34 of 86
A�
.�
NAC Customer Support Agreement Detailed Description
1. Mechanical, Electrical, and Plumbing Preventive Maintenance and Performance
Testing Services
Air Handling / Rooftop Maintenance and Performance Testing
Air Handling systems are one of the single largest operating expenses that a company has. NAC will provide a
complete operational performance test to include heating, cooling delta tees, bearings, and belts, verify
safeties are working properly, and that set points are optimized for the highest level of utility savings.
® Included in this Support Agreement
® Belts (1) times per year
® Filters are included in this Support Agreement (4) times per year
® HEPA Filters are included in this Support Agreement (1) time per year
Boiler System Maintenance and Performance Testing
Boiler systems are one of the most critical and largest operating expenses that a company has. NAC will
provide a complete operational performance test to include combustion flue analysis, verify safeties are
working properly, and that set points are optimized for the highest level of utility savings.
0 Included in this Support Agreement —Annual
Misc. HVAC Eauipment Maintenance and Performance Testing
Complex and even simple buildings can have many different mechanical systems that need to be maintained to
ensure that building is running at optimum performance. NAC will verify the operation and performance test
each of the items listed below per manufactures recommendations.
6 -Geo Furnace Heat Pumps
® 1 -McQuay ERV
® 4 -Carrier Mini Splits
® 4 -Infrared Heaters
® 7-Modine Unit Heaters
® 3 -Sterling Heaters
® 7- Greenheck Exhaust Fans
Z 12-B&G Circulation Pump
Plumbing RPZ System Maintenance and Perform@nce Testing
The State of Minnesota requires that backflow preventers (RPZ's) be tested and reported on annually and
rebuilt as necessary. NAC will apply for the city permit, test, and report each RPZ so that your facility stays in
compliance with state and local codes.
® Included in this Support Agreement — Yearly Testing
4 Page 35 of 86
Confidential &. Proprietary Infonnation
Pki A
2. Emergency Response Services
On-site Emergency Response
Mechanical ❑ Electrical ❑ Plumbing ❑
If during our On-line Emergency response we are unable to resolve the situation we will dispatch a Service
Professional to your facility. Non -emergency calls, as determined by your staff and NAC will be incorporated
into the next scheduled service visit.
Standard Emergency On-site Response Time — NAC will be on site by the end of the next business
day; Monday through Friday; 8:00 AM to 5:OOPM, excluding holidays
❑ Premium Emergency On-site Response Time — We will be on site within four (4) hours, 24 hours/day,
7 days/week, including holidays (after the completion of the internet or telephone response) (Assumes safe
driving conditions)
Emergency Response Services
Services listed above guarantees response time to an emergency situation only. The use of on-line and/or on-
site emergency service is not included in the scope of this contract and will be billed at the applicable time &
material rates.
After -Hours support
Emergencies can and usually happen when you least expect it and many times on the weekends or after 5:00
PM. It is very important to NAC to provide support in all emergency situations for all of our customers. To
address this concern NAC has a 24-7-365 emergency answering service. You can utilize this service in an
after-hours emergency situation by calling 651-490-9868 or by emailing service@nac-hvac.com. After
receiving the call or email we will first attempt to solve the issue on-line as described in the On-line Emergency
Response section of this proposal. If the problem persists we will discuss it with you and upon your approval
dispatch a service technician to your site.
3. General NAC Customer Support Agreement Features
® Account Manager - A dedicated Account Manager will be responsible for your total service satisfaction.
Your Account Manager will provide the designated services, monitor equipment performance, track equipment
service history, and consult with you to meet your objectives.
® Dedicated Service Team - Our Service Team knows controls and mechanical systems; they are trained
on all aspects of maintaining and troubleshooting your systems interoperability to maximize uptime and energy
efficiency.
® Documentation - All service visits will be documented by a work order detailing the service performed,
materials used, and hours spent.
® System and Service Log - NAC will provide you with a log for documentation of concerns, system
problems, and other related items requiring our attention. Each scheduled service visit shall begin with a
review of the log.
5 Page 36 of 86
Confidential & Propriet.an Infonnation
pkl AA to%
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NAC Mechanical & Electrical -Calendar of Services
Checked items are included as detailed under "Customer Support Agreement Detailed Description"
*Please refer to "Equipment List' for complete equipment coverage details.
Customer Support Agreement Pricing Summary
Billing Period in Advance: Quarterly
Pricing for these features is based on a 3 -year program with a start date of August 1, 2024.
Year 1: $10,440.00 (Ten Thousand Four Hundred Forty Dollars and no/100)
Year 2: $10,440.00 (Ten Thousand Four Hundred Forty Dollars and no/100)
Year 3: $10,440.00 (Ten Thousand Four Hundred Forty Dollars and no/100)
NAC believes that this proposal is in the best interests of City of Oak Park Heights and is based on your input.
Please feel free to contact me if you have any changes. If accepted, please sign, date below and return to
NAC with purchase order or billing information.
This proposal is valid for 30 days from the time that it is signed by an authorized NAC Mechanical & Electrical
employee. Contract will be renewed year on year after the original term unless NAC Mechanical & Electrical
Services receives writing notification to cancel this agreement 30 days prior to the end of the contract term.
Accepted by:
CITY OF OAK PARK HEIGHTS
Signature:
Name:
Title:
Date:
Confidential & Proprietary Information
NAC MECHANICAL & ELECTRICAL SERVICES
Signature: Wpi—k-
Name: Stephen Kotzmacher
Title: Account Manager
Date: 7/17/2024
C7
Page 37 of 86
Winter Spring Summer Fall
Mechanical, Plumbing and Electrical Services
x Mechanical Maintenance I Performance Testing
x x x x
Electrical Maintenance 1 Performance Testing
x Plumbing Maintenenance I Performance Testing
x
Flex Hours Support
To be used as directed by customer staff
Customer Training
Emer ency Response
General Services
Other Services
Coverage Code Basic Full
x Limited Troubleshooting and Diagnostics
Mechanical System* x
x Account Management
Electrical System*
x Emergency Response Services
Plumbing System* x
*Please refer to "Equipment List' for complete equipment coverage details.
Customer Support Agreement Pricing Summary
Billing Period in Advance: Quarterly
Pricing for these features is based on a 3 -year program with a start date of August 1, 2024.
Year 1: $10,440.00 (Ten Thousand Four Hundred Forty Dollars and no/100)
Year 2: $10,440.00 (Ten Thousand Four Hundred Forty Dollars and no/100)
Year 3: $10,440.00 (Ten Thousand Four Hundred Forty Dollars and no/100)
NAC believes that this proposal is in the best interests of City of Oak Park Heights and is based on your input.
Please feel free to contact me if you have any changes. If accepted, please sign, date below and return to
NAC with purchase order or billing information.
This proposal is valid for 30 days from the time that it is signed by an authorized NAC Mechanical & Electrical
employee. Contract will be renewed year on year after the original term unless NAC Mechanical & Electrical
Services receives writing notification to cancel this agreement 30 days prior to the end of the contract term.
Accepted by:
CITY OF OAK PARK HEIGHTS
Signature:
Name:
Title:
Date:
Confidential & Proprietary Information
NAC MECHANICAL & ELECTRICAL SERVICES
Signature: Wpi—k-
Name: Stephen Kotzmacher
Title: Account Manager
Date: 7/17/2024
C7
Page 37 of 86
Pki A r%
Attachment A
Eauiument Included (Covered Equipment)
This agreement assumes that the equipment listed below is in good maintainable condition. If
repairs are found to be necessary upon initial inspection or initial seasonal startup, repair charges will
be submitted for approval by the client prior to the repairs being performed.
Quantity
Equipment
Manufacturer
9
Unite Heaters
Reznor
1
ERV with Reheat coil
McQuay
4
HW Cabinet Heaters
13
Pumps
B&G
6
DAC
Carrier
6
Heat Pump
1
Hot Water Heater
Electro
1
Chilled Water AHU
Carrier
10
Exhaust Fan
NA
2
Radiant Heaters
NA
1
Furnace-Evap Coil
Carrier
1
Condensing Unit
Carrier
2
Gas Monitoring System
Tox Alert
3
RPZ
Watts
Page 38 of 86
Confidential & Proprietary information
pjkAr%
;..�.
TERMS AND CONDTUON5
The following terms and conditions are attached to and form an integral part of NAC Mechanical & Electrical (referred to herein as "NAC'
Customer Support Agreement Proposal ("Proposal"), The portions of such Proposal relating to "Scope of Work" or any "Proposed Solution" (in
either case, referred to herein as the "Proposed Solution"), together with these terms and conditions, are collectively referred to as the "CSA
Agreement".
Article is General
Article 4: Allocation of Risk
1.1 a) The CSA Agreement, when accepted in writing by the
4.1 (a) Until one year from either the date hereof or the date the
Customer and approved by an authorized representative of NAC
Equipment is installed, whichever first occurs, all equipment manufactured
shall constitute the entire, complete and exclusive agreement
by NAC or bearing its nameplate will be free from defects in material and
between the parties relating to a technical support program
workmanship arising from normal use and service. (b) Labor for all Services
("Services") for the equipment and software identified in the List of
under this CSA Agreement is warranted for 90 days after the work is
Equipment or the Service Coverage Report attached to the CSA
performed.
Agreement ("Equipment") and shall supersede and cancel all prior
4.2 The limited warranties set forth in Section 4.1 will be void as to, and
agreements and understandings, written or oral, relating to the
shall not apply to, any Equipment (i) repaired, altered or improperly installed
subject matter of the CSA Agreement. The CSA Agreement and any
by any person other than NAC or its authorized representative; (ii) subjected
rights or obligations thereunder may not be assigned by either party
to unreasonable or improper use or storage, used beyond rated conditions,
without the advance written consent of the other.
operated other than per NAC's or the manufacturer's instructions, or
(b) The terms and conditions of this CSA Agreement shall not be
otherwise subjected to improper maintenance, negligence or accident; (iii)
modified or rescinded except in writing, signed by a corporate officer
damaged because of any use of the Equipment after Customer has, or
of NAC. NAC's performance under this CSA Agreement is expressly
should have, knowledge of any defect in the Equipment; or (iv) not
conditioned on Customer's assenting to all of the terms of this CSA
manufactured, fabricated and assembled by NAC or not bearing NAC's
Agreement, notwithstanding any different or additional terms
nameplate.
contained in any writing at any time submitted or to be submitted to
4.3 NAC will indemnify Customer from and against losses, claims, expenses
NAC by Customer relating to this subject matter,
and damages (including reasonable attorney's fees) for personal injury or
c) The terms and conditions set forth herein shall supersede, govern
physical damage to property, but not loss of use of the property resulting
and control any conflicting terms of the Proposed Solution or the
from such damage or from damage to any work performed hereunder.
Proposal.
Such indemnification shall be solely to the extent caused by or arising
1.2 This CSA Agreement shall automatically renew for successive
directly from NAC's or its employees', consultants' or agents' negligent acts
one (1) year periods beginning on the anniversary date of the
or omissions or willful misconduct in connection with its performance of
original term as set forth in the Proposal, unless stated otherwise in
Services hereunder. NAC's obligations under this indemnity provision shall
the CSA Agreement.
not extend to claims, losses, expenses and damages arising out of or in any
1.3 Either party may terminate or amend this CSA Agreement by
way attributable to the negligence of Customer or its agents, consultants or
giving the other party at least thirty (30) days prior written notice of
employees other than NAC.
such amendments or intent not to renew after the original term.
Article 5. Customer Responsibilities
1.4 This CSA Agreement shall be governed by and enforced in
5.1 Customer will operate and maintain all Equipment in accordance with
accordance with the laws of the State of Minnesota,
applicable manufacturer's specifications, including those set forth in the
1.5 Customer will at all times designate a contact person with
manufacturer's operating manuals or instructions, as well as all
authority to make decisions for Customer regarding the Services.
requirements of applicable law or of authorities having jurisdiction.
Customer will provide NAC with information sufficient to contact
5.2 Customer will promptly notify NAC of any unusual operating conditions,
such person in an emergency. If such representative cannot be
system malfunctions or building changes that may affect the Equipment or
reached, any request for Service received from a person located at
any Services.
Customer's premises will be deemed authorized by Customer, and NAC
5.3 Customer will provide NAC with reasonable means of access to the
will, in its discretion, act accordingly.
Equipment and shall make any necessary provisions to reach the Equipment
1.6 NAC will be permitted to control and/or operate all Equipment
and peripheral devices. Customer will be solely responsible for any removal,
necessary to perform the Services.
replacement or refinishing of the building structure or finishes that may be
Article 2: Equipment Testing, Inspection and Maintenance
required to gain access to such Equipment.
2, i The Customer represents that all Equipment is in satisfactory
Article 6: Limitations of Maintenance or Service Obligations
working condition. By the latter of the first thirty (30) days of this
6.1 NAC will not be responsible for the maintenance, repair or replacement
CSA Agreement or the first scheduled inspection, NAC will have
of, or Services necessitated by reason of: (a) non -maintainable, non -
inspected all the Equipment,
replaceable, or obsolete parts of the Equipment, including but not limited to
2.2 If the Proposed Solution provides for maintenance, any repairs
ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings,
and replacements of Equipment are limited to restoring the proper
refractory material, electrical wiring, water and pneumatic piping, structural
working condition of such Equipment. NAC will not be obligated to
supports, cooling tower fill, slats and basins, etc. unless otherwise
provide replacement Equipment that represents significant capital
specifically stated herein; or (b) negligence, abuse, misuse, improper or
improvement compared to the original. Exchanged components
inadequate repairs or modifications, improper operation, lack of operator
become the property of NAC,
maintenance or skill, failure to comply with manufacturer's operating and
Article 3: Changes, Fees and Invoices
environmental requirements, Acts of God, or other reasons beyond its
control. NAC assumes no responsibility for any service performed on any
3.1 Payments to be made under this CSA Agreement will provide
Equipment other than by NAC or its agents.
for, and be in consideration of, only Services specifically included
under the Proposed Solution. All other Services, including but not
6.2 NAC shall not be responsible for loss, delay, injury or damage that may
limited to the following, shall be separately billed or surcharged on a
be caused by circumstances beyond its control, including but not restricted
to acts or omissions by Customer or its employees or agents, Acts of God,
time and materials basis: (a) emergency Services performed at
Customer's request, if inspection does not reveal any deficiency
war, civil commotion, acts of government, fire, theft, corrosion, flood, water
covered by this CSA Agreement; (b) Services performed other than
damage, lightning, freeze -ups, strikes, lockouts, differences with workmen,
riots, explosions, fuel, labor or materials.
during NAC's normal working hours; and (c) Service performed on
equipment not covered by this CSA Agreement.
6.3 NAC is not responsible for repairs, replacements or services to
3.2 Invoices are due net 30 days or otherwise as may be set forth
Equipment due to corrosion, erosion, improper tinadequate water
treatment by others, electrolytic action, chemical action or other reasons
therein. If any payment is not received net 30, NAC may deem
beyond its reasonable control.
Customer to be in breach hereof and may enforce any remedies
available to it hereunder or at law, including without limitation
6.4 NAC shall not be responsible for the removal or reinstallation of
suspension or termination of Services and acceleration of payments.
replacement valves, dampers, water flow and tamper switches required
from pipes and duct work including any venting or draining systems.
Page 39 of 86
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Page 40 of 86
a� Oak Park,%._
G
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Consider Extension of Interim Hemp Ordinance
Date: July 23, 2024
Public Hearings
BACKGROUND:
Staff is recommending an extension of Ordinance 1413.02.13. replated to hemp businesses to
facilitate additional time for consideration of how the City desires to regulate or not regulate hemp
businesses. An extension would preserve the maximum amount of time for the City to make
decisions.
In order to extend the interim ordinance, a Public Hearing must be held 15-30 days before the
interim ordinance expires. The Oak Park Heights Interim Ordinance on hemp businesses expires on
August 17.
Notice of this Public Hearing was published in the Stillwater Gazette on July 5, 2024, and the notice
has been posted at City Hall since July 1, 2024.
The City Attorney's office has prepared a memo and draft Ordinance Amendment document.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Discussion and consideration of Ordinance Amendment
ATTACHMENTS:
Memo from the City Attorney's office
Draft Ordinance Amendment
Page 41 of 86
aFA l LEER
To: City of Oak Park Heights City Council
From: Christina Benson, Assistant City Attorney
Date: July 18, 2024
www.eckberglammers.com
ECKBERG LAMMERS
Re: Conversion to Hemp Business License — Effective Upon Final Enactment
MEMO
During the 2024 legislative session, a new statute allows businesses selling edible cannabinoid products
to receive automatic licensure, without involvement of local governments, as hemp businesses.
Minnesota Statute §342.18 states the Office of Cannabis Management (OCM) may permit a person
selling edible cannabinoid products who has registered with the MDH, or now the OCM, to convert the
registration to a comparable hemp business license. OCM may permit this conversion to a hemp
business license once OCM adopts initial rules. The process for OCM to adopt initial rules is a matter of
30 days. OCM will publish notice of their rules in the State Register, 30 days after publication, the OCM
will have adopted initial rules. This means, cities will have potentially only 30 days' notice of the
commencement of hemp business operations. This publication could happen at any time.
This session, the legislature also amended Minnesota Statute §342.13 to state "a local unit of
government may not prohibit the establishment or operation of a cannabis business or hemp business
licensed under this chapter." The change is noted in red text.
At this point in time, cities only have one method to regulate hemp businesses, their zoning ordinances.
Cities maintain the ability to adopt time, place, and manner regulations for the operation of both hemp
businesses and cannabis businesses.
In August of 2023, the City of Oak Park Heights adopted interim ordinances temporarily prohibiting
cannabis businesses until January 1, 2025, under Minn. Stat. §342.13, and temporarily prohibiting hemp
businesses for one year, under Minn. Stat. §462.355. Cities hoped if the legislature added "hemp
business" to the subdivision cited above that the legislature would also add "hemp business" to the
subdivision allowing cities to adopt an interim ordinance extending until January 1, 2025. However, this
did not occur. This means the temporary prohibition on hemp businesses will expire on August 17,
2024, before the city has had the ability to begin adopting zoning ordinances.
The City of Oak Park Heights may extend the interim ordinance temporarily prohibiting hemp
businesses for an additional 120 days because we are still awaiting OCM to complete development of
certain items and adoption of initial rules. This process requires a public hearing be held 15-30 days
before the interim ordinance expires. In the City of Oak Park Heights that is between July 18, 2024 and
August 2, 2024. The public hearing is scheduled for the July 23, 2024 City Council Meeting.
It is important to take action because the only authority to regulate hemp sales in cities is through zoning
ordinances and if no regulation exists, legal nonconformities will be created.
Stillwater Office Hudson Office
11809 Northwestern Avenue 430 Second Street
Stillwater, MN 55082 Hudson, WI 54016
Phone: 651-439-2878 Phone: 715-386-3733
Fax: 651-439-2923 Fax: 715-386-6456
ORDINANCE NO. 2024 -
AN INTERIM ORDINANCE OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON
COUNTY, MINNESOTA EXTENDING THE INTERIM ORDINANCE 2023-1412-06
PROHIBITION ON THE OPERATION OF HEMP BUSINESSES IN THE CITY UNDER
MINNESOTA STATUTE SECTION 462.355 SUBDIVISION 4 FOR AN ADDITIONAL 120
DAYS.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN:
Section 1. The purpose of this interim ordinance is to protect the planning process and the health,
safety, and welfare of the City of Oak Park Heights for the following reasons:
(1) The State of Minnesota established the Office of Cannabis Management tasked with
issuing licenses for the operation of Cannabis Businesses and Hemp Businesses in
Chapter 63 of Minnesota Session Law — 2023, Regular Session.
(2) Chapter 63 of Minnesota Session Law — 2023, Regular Session does not include a
date for the Office of Cannabis Management to begin issuing licenses to Cannabis
Businesses and Hemp Businesses.
(3) The City of Oak Park Heights does not currently permit or regulate the uses of Hemp
Businesses or Cannabis Businesses.
(4) Edible Cannabinoid Products are legal for sale under Minnesota Statutes Section
151.72 through March 1, 2025, after which sales of Edible Cannabinoid Products will
require a Hemp Business license from the Office of Cannabis Management. Sales of
Edible Cannabinoid Products are not subject to this Interim Ordinance as sales of
Edible Cannabinoid Products are not Hemp Businesses under Minnesota Statute until
2025. Sales of Edible Cannabinoid Products are subject to Oak Park Heights City
Code of Ordinances Ordinance 1412.
(5) Minnesota Statute 342.13 requires the Office of Cannabis Management to engage in
the process of developing model ordinances for reasonable restrictions on the time,
place, and manner of the operation of a cannabis business; developing standardized
forms and procedures for the issuance of a retail registration; and developing model
policies and procedures for the performance of compliance checks; but the Office of
Cannabis Management has not yet completed development of standardized forms for
the issuance of a retail registration or development of model policies and procedures
for the performance of compliance checks and the prohibition on Hemp Businesses in
Interim Ordinance 2023-1412-06 expires in less than 30 days.
(6) Minnesota Statute 342.02 requires the Office of Cannabis Management to engage in
the process of rulemaking to implement Minnesota Statute Chapter 342; but the
Office of Cannabis Management has not yet completed this process and the
prohibition on Hemp Businesses in Interim Ordinance 2023-1412-06 expires in less
than 30 days.
(7) Minnesota Statute 342.18 provides after the Office of Cannabis Management adopts
initial rules the office may permit a person selling edible cannabinoid products to
1 Page 43 of 86
convert their state registration to a lower -potency hemp retail license excluding local
control in the process.
(8) Minnesota Statute 342.02 permits the Office of Cannabis Management to use the
expedited rulemaking process under Minnesota Statute 14.389. Under the expedited
process, the rules become effective after 30 days publication in the State Register
which does not provide cities time to react to the new rules before a business could
become a lower -potency hemp retailer.
Section 5. Pursuant to Minnesota Statutes, Section 462.355 Subd. 4 (d), on July 29, 2024, a public
hearing was held, after notice duly published as required by law, within the 15-30 day
timeline of the expiration of Interim Ordinance 2023-1412-06's prohibition on Hemp
Businesses and the views of all interested persons with respect therefor presented at the
hearing having been considered.
Section 6. Pursuant to Minnesota Statutes, 462.355 Subd. 4 (d) (2), and for the reasons set forth in
Section 2 above, an interim ordinance is hereby adopted extending Interim Ordinance
2023-1412-06's prohibition on the operation of Hemp Businesses in the City for an
additional 120 days. This interim ordinance extension authorizes the City to continue
conducting studies regarding the impacts of Hemp Businesses to determine whether and
what revisions to the Oak Park Heights City Code of Ordinances or other regulations on
the time, place, and manner of Hemp Business operations are warranted for the purpose
of protecting the planning process and the health, safety, and welfare of the citizens of
Oak Park Heights. Interim Ordinance 2023-1412-06 was set to expire on August 17, 2024
and is now extended 120 days thereafter to December 15, 2024.
Section 9. Violation of any portion of this ordinance shall be a misdemeanor punishable by
imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of
prosecution. Each day that a violation occurs shall be considered a separate offense. The
City may enforce any provision of this ordinance by mandamus, injunction or any other
appropriate civil remedy in any court of competent jurisdiction.
Section 10. This ordinance shall be in full force and effect from and after its passage and publication
according to law. Passed by the Oak Park Heights City Council this 23rd day of July,
2024.
CITY OF OAK PARK HEIGHTS
Attest: Jacob Rife, City Administrator
Mary McComber, Mayor
2 Page 44 of 86
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Date: July 23, 2024
Public Hearing
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Consider Issuance of an On -Sale Intoxicating Liquor License
Including Sunday Sales for SnideLines, LLC dba Stillwater Bowl and Lounge
BACKGROUND:
SnideLines LLC d/b/a Stillwater Bowl and Louge has applied for a new on -sale intoxicating liquor
license including Sunday sales for a business located at 5862 Omaha Avenue North.
The application has been investigated by the City Attorney and the Police Department and found
to be in compliance with the City ordinance requirements for liquor license issuance.
The investigation fee has been paid.
Notice of this Public Hearing was published in the Stillwater Gazette on July 12, 2024 and has been
posted at City Hall since July 3, 2024.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
City staff recommends approval of the on -sale intoxicating liquor license including Sunday Sales
for SnideLines, LLC dba as StillwaterBowl and Lounge contingent on approval from the Minnesota
Department of Public Safety, Alcohol and Gambling Enforcement Division and payment of the
license fee.
ATTACHMENTS:
Public Hearing Notice
Page 45 of 86
NOTICE OF PUBLIC HEARING
TO CONSIDER ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE
WITH SUNDAY SALES FOR SNIDELINES LLC DBA STILLWATER BOWL &
LOUNGE
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights,
Washington County, Minnesota shall hold a public hearing to consider issuing an on -sale
intoxicating liquor license with Sunday sales to SnideLines LLC dba Stillwater Bowl &
Lounge located at 5862 Omaha Avenue N, Oak Park Heights, Minnesota.
The public hearing shall be held on Tuesday, July 23, 2024 at 6:00 p.m. at the City Hall,
14168 Oak Park Boulevard North, Oak Park Heights, MN 55082. Written or oral comments
will be considered.
Dated this 3rd day of July, 2024.
BY ORDER OF THE CITY COUNCIL
Jennifer Pinski, City Clerk
Page 46 of 86
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Date: July 23, 2024
Public Hearing
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Consider Issuance of a License to Sell Cannabinoid Products for SnideLines
LLC dba Stillwater Bowl and Lounge
BACKGROUND:
SnideLines, LLC dba as Stillwater Bowl and Lounge has applied for a license to sell cannabinoid,
cannabinoid products, and/or cannabinoid related devices at their business located at 5862 Omaha
Avenue North.
The application has been investigated by the City Attorney and the Police Department and found
to be in compliance with the City ordinance requirements for cannabinoid license issuance. The
investigation fee has been paid.
Notice of this Public Hearing was published in the Stillwater Gazette on July 12, 2024 and has been
posted at City Hall since July 3, 2024.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
City staff recommends approval of the cannabinoid license contingent on approval from the State
of Minnesota and payment of the license fee.
ATTACHMENTS:
Public Hearing Notice
Page 47 of 86
NOTICE OF PUBLIC HEARING
TO CONSIDER ISSUANCE OF A LICENSE TO ALLOW SALES OF CANNABINOID
AND CANNABINOID PRODUCTS AND RELATED DEVICES FOR SNIDELINES
LLC DBA STILLWATER BOWL & LOUNGE
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights,
Washington County, Minnesota shall hold a public hearing to consider issuing a license for
sale of cannabinoid, cannabinoid products, and related devices to SnideLines LLC dba
Stillwater Bowl & Lounge located at 5862 Omaha Avenue North, Oak Park Heights, MN
55082.
The public hearing shall be held on Tuesday, July 23, 2024 at 6:00 p.m. at the City Hall,
14168 Oak Park Boulevard North, Oak Park Heights, Minnesota 55082. Written or oral
comments will be considered.
Dated this 3rd day of July, 2024.
BY ORDER OF THE CITY COUNCIL
Jennifer Pinski, City Clerk
Page 48 of 86
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Date: July 23, 2024
Public Hearing
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Consider Issuance of an On -Sale Intoxicating Liquor License
Including Sunday Sales for St. Croix Event Center, LLC dba St. Croix Event Center
BACKGROUND:
St. Croix Event Center, LLC dba as St. Croix Event Center has applied for a new on -sale
intoxicating liquor license including Sunday sales for a business located at 5880 Omaha Avenue
North.
The application has been investigated by the City Attorney and the Police Department and found
to be in compliance with the City ordinance requirements for liquor license issuance.
The investigation fee has been paid.
Notice of this Public Hearing was published in the Stillwater Gazette on July 12, 2024 and has been
posted at City Hall since July 8, 2024.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
City staff recommends approval of the on -sale intoxicating liquor license including Sunday Sales
for St. Croix Event Center, LLC dba as St. Croix Event Center contingent on approval from the
Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division and payment
of the license fee.
ATTACHMENTS:
Public Hearing Notice
Page 49 of 86
NOTICE OF PUBLIC HEARING
TO CONSIDER ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE
INCLUDING SUNDAY SALES FOR ST. CROIX EVENT CENTER LLC
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN
that the City Council of the City of Oak Park Heights, Washington County, Minnesota shall
hold a public hearing to consider issuing an on -sale intoxicating liquor license including
Sunday Sales to St. Croix Event Center located at 5880 Omaha Avenue North, Oak Park
Heights, MN 55082.
Written or oral comments will be considered.
The public hearing shall be held on Tuesday, July 23, 2024 at 6:00 o'clock p.m. at the City
Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota 55082.
Dated this 8th day of July, 2024.
BY ORDER OF THE CITY COUNCIL
Jennifer Pinski, City Clerk
Page 50 of 86
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TO: Mayor and City Council
FROM: Scott Richards, City Planner
AGENDA ITEM: The Heights Proposed Project
Date: July 23, 2024
Old Business
BACKGROUND:
Joel Larson of Hampton Companies made application for a Comprehensive Plan Amendment to
change the land use classification of Commercial use to Residential/Business Transitional use;
rezoning from O -Open Space Conservation to B-4, Limited Business District; Conditional Use
Permits for multiple family development, building height and side yard setbacks resulting from
the building height, accessory structures in the front yard, and parking; Preliminary and Final
Plat; and Architectural Design Guidelines/Site Plan Review for the development of the area north
of 58th Street and west of Menards. The development would bean 81 -unit market rate apartment
building referred to as The Heights between Menards and the Oak Park Ponds shopping center.
The City Council discussed this application at their June 25, 2024 City Council meeting, and were
opposed to the request. City staff has prepared a Resolution of Denial.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Discussion and consideration of Resolution
ATTACHMENTS:
Draft Resolution
Page 51 of 86
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
DENYING THE REQUEST TO AMEND THE COMPREHENSIVE
PLAN LAND USE CLASSIFICATION TO RESIDENTIAL/BUSINESS
USE, REZONING TO B-4 LIMITED BUSINESS DISTRICT,
CONDITIONAL USE PERMITS, PRELIMINARY AND FINAL
PLAT, AND DESIGN GUIDELINES/SITE PLAN REVIEW FOR
DEVELOPMENT OF THE AREA NORTH OF 58TH STREET AND
WEST OF MENARDS
WHEREAS, the City of Oak Park Heights has received a request from property owner
Robert Brackey and proposed developer Joel Larson of Hampton Companies for a
Comprehensive Plan Amendment to amend the land use classification from Commercial
use to Residential/Business Transitional use; rezoning from O -Open Space Conservation
to B-4, Limited Business District; Conditional Use Permits for multiple family
development, building height and side yard setbacks resulting from the building height,
accessory structures in the front yard, and parking; Preliminary and Final Plat; and
Architectural Design Guidelines/Site Plan Review for the development of the area north
of 58th Street and west of Menards; and
WHEREAS, City staff prepared a planning report dated June 6, 2024, reviewing the
request; and
WHEREAS, the Planning Commission held a public hearing at their June 13, 2024,
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application for approval with conditions; and
WHEREAS, the City Council has considered the application and the recommendations,
facts and circumstances involved at its meetings on June 25, 2024 and July 23, 2024.
NOW THEREFORE, The City Council of the City of Oak Park Heights makes the
following findings of fact and resolution:
follows, to wit:
The real property affected by said application is legally described as
SEE ATTACHMENT A
(hereinafter "Subject Property") and
Page 52 of 86
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The land use classification for all properties between County Road 15 and
Norell Avenue, north of 58th Street and including the Subject Property is designated as
Commercial in the 2008 Comprehensive Plan; and
4. The Subject Property is proposed to be changed to Residential/Business
Transitional Use to allow for multifamily residential development; and
5. The property to the west of the Subject Property is a large commercial
retail development that is anchored by a Kowalski's grocery store. The rear of the
Kowalski's store and its loading dock facilities are directly adjacent to the Subject
Property.
6. The development to the east of the Subject Property is a Menards
commercial retail store. The exterior lumber/construction materials yard and loading
docks of the store are directly adjacent to the property line of the Subject Property.
7. A change to a land use classification from Commercial to
Residential/Business Transitional is deemed to be not in the City's best interests and is
denied for the following reasons:
a. The proposed residential land use would be inconsistent with the existing
commercial uses directly to the west and east of the Subject Property. A
multifamily residential development, next to two large commercial retail
outlets, both with delivery and loading facilities near the joint property
lines and with an exterior lumber yard to the east of the Subject Property
would be likely to create truck noise, forklift noise, unappealing views,
and other complaints by residents of the proposed development; and
b. It is undesirable for the City to remove high value commercial property in
a developed commercial area for residential use. There is almost no
developable land available for new commercial development in the City;
and
c. The 2008 Comprehensive Plan designated this area as commercial because
of visibility and access from Highway 36. The City has established 58th
Street as the transition point between low density residential to the south
and commercial development to the north; and
8. The property is zoned O -Open Space Conservation and has been proposed
to be rezoned to the B-4 Limited Business District. The Subject Property has been
2
Page 53 of 86
planned to be rezoned B-2 General Business District to be consistent with surrounding
retail and service development; and
9. A Conditional Use Permit is required for multiple family development in
the B-4 Limited Business District. The use of the Subject Property for a multiple family
development would be at odds with the existing surrounding uses and therefore
inappropriate for a condition use; and
10. The proposed project on the Subject Property would require conditional
use permit variances from zoning standards for a building height that will significantly
exceed 35 feet, for a variance from a 30 -foot lot line setback being reduced to a 24 foot
setback, for a gazebo and play structure in the front yard, and for parking to exceed the
Zoning Ordinance requirement. The City finds these variances from the zoning code to
be unacceptable; and
11. The City Council, at their June 25, 2024, meeting, expressed concerns
regarding traffic and site lines for the proposed access to 58th Street, especially with the
planned extension of 58th Street by Washington County and the anticipated increase in
traffic.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL DENIES
THE FOLLOWING:
A. The application submitted by Robert Brackey and by Joel Larson of Hampton
Companies for a Comprehensive Plan Amendment to change the land use
classification from Commercial use to Residential/Business Transitional use;
rezoning from O -Open Space Conservation to B-4, Limited Business District;
Conditional Use Permits for multiple family development, building height and
side yard setbacks resulting from the building height, accessory structures in the
front yard, and parking; Preliminary and Final Plat; and Architectural Design
Guidelines/Site Plan Review for the development of the area north of 58th Street
and west of Menards. The application consists of requests for the following:
• Comprehensive Plan Amendment to Residential/Business Transitional
• Rezoning to B-4 Limited Business District
• Preliminary and Final Plat
• Conditional Use Permit for Multiple Family Development
• Conditional Use for Building Height
• Conditional Use Permit for Side Yard Setback
• Conditional Use Permit for Accessory Structures in the Front Yard
• Conditional Use Permit for Parking
• Architectural Design Guidelines and Site Plan Under Section 401.15.C.8.
of the Zoning Ordinance
affecting the real property as follows:
Page 54 of 86
SEE ATTACHMENT A
Be the same as hereby denied by the City Council of the City of Oak Park Heights with
the following findings of fact:
1. The proposal to change the land use classification to Residential Business
Transitional is not consistent with the 2008 Comprehensive Plan designating the
Subject Property and the area between County Rd 15 to Norell Avenue as
Commercial.
2. A Commercial land use classification to the north and Low Density classification
to the south with 58th Street as the transition point maintains land use consistency
and separation of inconsistent land uses.
There is a need for additional commercial development land in the City. There is
almost no developable land available for additional new commercial use. The
Comprehensive Plan encourages continued development and redevelopment of
commercial use where designated.
4. The proximity of the proposed building, requiring a Conditional Use Permit for
setbacks for less than the required 30 feet to the property line of the existing
retail/warehouse use would create inadequate separation of differing land uses.
5. The anticipated increase in traffic on 58th Street resulting from Washington
County's plans for an extension of 58th Street to the west may adversely impact
access and site lines for the Subject Property.
6. A multifamily development, with windows and balconies directly adjacent to an
existing retail/warehouse facility is seen as inconsistent with the health, safety and
welfare of potential residents.
7. The proposed height of the building, exceeding the 35 foot maximum limit, is
seen as inconsistent with the existing low density development to the south.
Approved by the City Council of the City of Oak Park Heights this 23rd day of July 2024.
ATTEST:
Jacob Rife, City Administrator
Mary McComber, Mayor
4
Page 55 of 86
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Page 56 of 86
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Date: July 23, 2024
New Business
TO: Mayor and City Council
FROM: Jacob Rife, City Administrator
AGENDA ITEM: Approve Resolution Authorizing the Submittal of a Community Energy
Transition Grant Application
BACKGROUND:
As the City Council is aware, the City has two drinking water wells and both wells produce water
that exceeds the Minnesota Department of Health's (MDH) Health Based Guidance Values for
PFAS. Addressing PFAS contamination is a complex and costly endeavor that requires advanced
treatment technologies and substantial financial resources. Given these factors, City staff have been
aggressively seeking funding opportunities to assist the City with addressing PFAS.
On July 1, 2024, the Community Energy Transition (CET) Grant program opened for State Fiscal
Year 2025. The CET Grant was created by the Minnesota legislature to support communities that
host large electric generating facilities as they address the economic dislocation created by future
plant closures. The CET Grant has been available since 2021.
The City's application proposes to use the CET Grant for PFAS feasibility and pre -design work.
The PFAS feasibility and pre -design work will help the City get to approximately 30% design.
Through the CET Grant application, we are seeking grant funds in the amount of $440,000. If
awarded the City contribution would be approximately $110,000 for a total estimated project cost of
$550,000.
FINANCIAL IMPACT:
Does action require expenditure of funds? Not at this time. If the City is awarded the grant,
the City will contribute 20% of the total project cost.
ACTION REQUESTED:
Approve Resolution
EXHIBITS
1. Resolution
2. Grant Application
Page 57 of 86
Community Energy Transition
Grant Application
City of Oak Park Heights, MN
July 24, 2024
Page 58 of 86
Table of Contents
1. Cover
2. Table of Contents
3. Executive Summary & Project Narrative
4. City of Oak Park Heights Community Energy Transition Grant
Application
5. Site Location Map
6. Allen S. King Plant Advisory Panel — Summary Document
7. Conflict of Interest Form
8. Resolution
9. Letters of Support
10. Xcel Energy Documents
Page 59 of 86
Executive Summary & Project Narrative
The City of Oak Park Heights is in Washington County, Minnesota, on the banks of the lower St.
Croix Scenic Riverway, which is the state border between Minnesota and Wisconsin. Located
adjacent to the St. Croix River is the Allen S. King Plant which has been in operation since 1958.
The Allen S. King Plant has been an integral part of the fabric of the community given the
landmark towering stack (over 800 feet high) and the significant economic impact to the
community. The Allen S. King Plant makes up approximately 30% of the City's tax revenue.
The City of Oak Park Heights is applying for the Community Energy Transition Grant to address
the imminent challenges posed by the scheduled closure of the Allen S. King Plant. This closure,
planned for 2028, will result in job losses and a significant reduction in tax revenues. As a
proactive measure, the City aims to leverage this grant to target PFAS (Per- and Polyfluoroalkyl
Substances) contamination, thereby fostering a safer, healthier, and more economically
resilient community.
PFAS contamination is a pressing issue for Oak Park Heights. The City has two drinking water
wells and both wells produce water that exceeds the Minnesota Department of Health's (MDH)
Health Based Guidance Values for PFAS. Addressing PFAS contamination is a complex and
costly endeavor that requires advanced treatment technologies and substantial financial
resources. Without remediation, PFAS pollution will significantly hamper the City's economic
development efforts and impact the overall quality of life in our community.
The City of Oak Park Heights proposes to use the Community Energy Transition Grant funds for
PFAS Treatment: Feasibility and Pre -Design. The City is anticipating the project to cost
approximately $550,000. The City is respectfully requesting $440,000 in Community Energy
Transition Grant funds with the City committing $110,000 towards the project.
The project includes performing a feasibility study and preliminary design to 30% plans to determine the
process, equipment and estimated costs related to removing PFAS from the City's water system. The
treatment facility will treat the City's two existing wells. The scope tasks include:
Preliminary Survey. A topographic survey is needed of the City property designated for the
treatment plant, north of City Hall, adjacent to the City's well #2. The survey will help determine
the siting of the building and identify the extent of grading that will be needed to prepare the
site for the building and provide suitable drainage improvements.
2. Geotechnical Investigation. Soil borings are needed to identify the in-situ soils on the site. This
information is necessary to determine the foundation needs and any needed soil corrections.
Feasibility Study. The feasibility study will provide a report identifying the proposed treatment
facility and cost estimates of the process, equipment and building features of the system. The
study will present treatment/equipment/building options for consideration as applicable. The
feasibility study will be the starting point for the next step of producing 30% plans.
Page 60 of 86
4. Preliminary Environmental Review. As part of the feasibility study, any environmental review
needed for the project will be identified and initial data collection, as applicable, will be
performed. This will facilitate the final environmental review process as the project is authorized
to move forward with final plans and specifications, and construction.
Develop 30% Plans. Preliminary design of the treatment facility up to 30% design will be
prepared. At this stage, the building will be sited, the major equipment/process features will be
identified, the basic building layout will be established and layout of major equipment will be
shown.
In conclusion, the closure of the Allen S. King Plant presents a challenge for the City of Oak Park
Heights. By securing the Community Energy Transition Grant, the City can address immediate
environmental health risks that have the potential to significantly impact our business retention
and recruitment efforts. Addressing PFAS will allow us to lay the groundwork for a cleaner,
healthier, and more sustainable future to ensure we remain a vibrant and thriving community
for generations to come.
The City of Oak Park Heights certainly appreciates your consideration of our grant request.
Page 61 of 86
EMPLOYMENT AND
ECONOMIC DEVELOPMENT
ENERGY TRANSITION OFFICE
a,
Great Northern Building
180 East Fifth Street, 12th floor St. Paul, Minnesota 55101
Energy Transition Office, Business & Community Development
651-802-2238 / 651-259-7037
Email: CETGP.Deed@state.mn.us
Community Energy Transition Grant Application
Cover Page
Applicant (Community) The City of Oak Park Heights
Head of Applicant Agency (e.g. Mayor): Mayor Mary McComber
Applicant Address:
14168 Oak Park Boulevard North
City: Oak Park Heights state: MN
Zip Code: 55082
If the applicant is a city, please select your city category: O Home Rule Charter O Statutory City
For reference, please give the State Statute number which gives the applicant authority to carry out the activities for which
you are requesting grant funds. 410.01
By completing and submitting this grant application you affirm that you have authority to submit this request on
behalf of the applicant agency, and the information submitted is true and correct.
Signature of Head of Applicant Agency
Date
Page 62 of 86 1
Project Contact for the Community
Name: Jacob Rife
Phone: 651-439-4439
E-mail: jrife@cityofoakparkheights.com
Mailing Address: 14168 Oak Park Boulevard North, Oak Park Heights, MN 55082
Project Manager for this project, in the event of an award
Name: Andy Kegley
Phone: 651-439-4439
Application Author: Jacob Rife
Phone: 651-439-4439
PROJECT AREA INFORMATION
1
Project Area address or boundaries:
City: Oak Park Heights
E-mail: akegley@cityofoakparkheights.com
E-mail: jrife@cityofoakparkheights.com
14168 Oak Park Boulevard North
Zip Code:
55082
2. Is this within the retail electric service territory of the public utility that is subject to section 116C.779 or to an
eligible community in which an electric generating plant owned by that public utility is located?
OYes Q No
3. Minnesota Legislative District # 33
A 33B
Note: The Minnesota Legislature has a tool to look up legislative district numbers. You must have a precise
address and know the zip code of the site. Go to: http://www.gis.leg.mn/OpenLayers/districts/
PLANT CLOSURE TIMELINE
4. Name of Plant Allen S. King Plant
The plant in my community is currently in operation. Yes Q No
If yes, select and complete one or more of the following:
OThe plant in my community is scheduled to cease operations on 2028
(Attach schedule documentation)
OA proposal for a cessation of operations via an Integrated Resource Plan has been filed with the
Public Utilities Commission under Minnesota Statues, section 21613.2422 on
Page 63 of 86
2
(Attach most recent filing)
OThe plant's current operating license expires within 15 years of July 1, 2023. (Attach license
documentation)
If no, select and complete one or more of the following:
OThe plant in my community ceased operations on . (Attach cessation documentation)
OThe plant in my community was removed from the local propertytax base on
(Attach documentation)
PROJECT/PROGRAM
5. Name of Project PFAS Treatment: Feasibility and Preliminary Design
Please attach a detailed narrative of the proposed project/plan. How much money are you requesting (cannot
exceed $1,000,000). Describe and define the project area, discuss the positive economic and social impact
resulting from the project/plan, and how the community will benefit from the project or program.
PROJECT COSTS
6. What are the total project costs? $ 550, 000
7
How much grant funding are you requesting from DEED (cannot exceed $1,000,000)? $
440 000
8. Fill out the budget table below indicating the sources, uses, and amounts of all funds including DEED requests
that will be used for costs as defined in this application.
Use of Funds
(Activity)
Amount
Source of Funds
(DEED, City, County,
Private)
Date Funds were/will
be Committed
Feasibility Study & Preliminary Design
$440,000
DEED
T B D
Feasibility Study& Preliminary Design
$110, 000
city
Jan . 1, 2025
Page 64 of 86
3
Page 65 of 86
9. How were these costs determined? Bids, consultant, historical reference?
Engineering Consultant's estimate
10. Explain why these costs are necessary to implement the project.
The City will be engaging outside engineering assistance to complete the PFAS feasibility
study and pre -design work.
11. Is all the project's financing in place (bank account, grants, bonds, lending approval)?
Yes. The City will use existing utility funds to pay for our 20% portion of the project.
If not, when will it be secured?
Page 66 of 86
ECONOMIC IMPACT — TAX BASE
12. What were the plant property taxes fort he past 10 years? (Fill out the 10 -year tax table)
County, City, and School taxes.
If the plant has closed, please leave closed years blank.
Year
Tax Amount City
Tax Amount County
Tax Amount School
2025
Not Available
Not Available
Not Available
2024
$1,516,127.42
$6785870.80
$9965665.11
2023
$1,613,682.45
$7845619.74
$9325754.60
2022
$1,697,860.95
$9105650.54
$1,0815215.26
2021
$15617,417.89
$8805398.81
$9365373.65
2020
$1,527,696.73
$8895067.20
$8695206.95
2019
$15570,700.44
$9395567.04
$150305898.20
2018
$1,810,134.55
$1,004,950.29
$1,096,131.41
2017
$1,713,798.38
$9375886.68
$1,058,267.33
2016
$1,7325605.46
$9255734.28
$150385930.75
13. Describe the local tax impact due to plant closure. This includes county, school districts, etc.
The loss of the Allen S. King Plant will be immense for the City, but will also impact all
taxing bodies. The Allen S. King Plant currently makes up approximately 30% of the City's
tax base and once made up over 35% of the City's tax base. Without replacement, there
will be short-term and long-term impacts to the City.
14. Describe how this project addresses the impact of tax loss on the community?
Reducing PFAS levels in Oak Park Heights' drinking water is a critical step towards
ensuring public health and fostering economic development. By addressing PFAS
contamination, the City can create a healthier, more attractive environment for residents,
businesses, and visitors to our community. Taking a proactive approach will help to
maintain our vibrant commercial corridor and attract new investments to the City.
Page 67 of 86
ECONOMIC IMPACT— EMPLOYMENT
15. How many people did the plant employ in each of the past 10 years? (Fill out the table with 10 years of
employment data)
If the plant has closed, please leave the closed years blank.
Year
Number of Employees
2024
77
2023
80
2022
88
2021
76
2020
75
2019
81
2018
98
2017
102
2016
105
2015
109
16. At the height of employment, how many people did the plant employ?
What year was this? 2015
17. What is the current unemployment rate in your county? 2.4%
109
If the plant has been closed, how was the unemployment rate affected after the plant closure?
The plant is not yet closed.
18. Describe the real or projected impact of job loss on the community due to plant closure. This includes job loss
from the plant and area businesses.
The upcoming closure of the Allen S. King plant in Oak Park Heights is expected to have
significant economic and social impacts:
1. Job Loss: The plant's closure will result in the loss of numerous jobs, affecting plant
employees and contractors.
2. Economic Ripple Effect: Local businesses that see plant workers as customers may
experience reduced revenue.
3. Tax Revenue Decline: The city will lose a substantial source of property tax rpevye sue$6 0
7
19. How does this project address the impact of job loss on the community?
The remediation of PFAS can help address the impact of job loss due to the closure of the
King Plant in the following ways:
1. Job Creation and Economic Stimulus
The process of cleaning up PFAS contamination involves various stages, including
planning, design, construction and ongoing monitoring. These activities will create new
work for local/regional workers, including environmental engineers, technicians,
construction workers, and other support staff, providing new employment opportunities.
Further, PFAS remediation will make our commercial environment more attractive for
existing and future businesses.
2. Health and Environmental Benefits
PFAS remediation can improve local water quality and reduce health risks associated with
PFAS exposure. A healthier environment can enhance the quality of life for residents and
potentially attract new businesses and residents to the area, helping to stabilize the local
economy in the long term.
3. Retention of Existing Businesses and Investment of New Businesses
PFAS remediation will allow our community to remain a desirable location for existing
businesses and allow us to remain competitive as we seek new business investment for
our community.
4. Funding and Support Opportunities
Addressing PFAS contamination can attract federal and state funding, as well as grants
aimed at environmental cleanup and community development. These financial resources
can be used not only for remediation but also for broader economic revitalization efforts, o
Page 69 of 86 8
COMMUNITY IMPACT
20. What are additional challenges facing your community due to plant closure?
Without the replacement of the tax base, the City will be challenged financially to address
major issues such as addressing PFAS. Additionally, without tax base replacement, the
City will experience financial challenges with infrastructure investment and providing core
public services to our community.
21. Besides the plant closing, what are the 3 biggest challenges your community faces?
1. PFAS. The City of Oak Park Heights currently has two drinking water wells and both
wells produce water that exceeds that Minnesota Department of Health's Health Based
Guidance Values for PFAS. Remediation of PFAS will require a significant financial
investments that is initially estimated to exceed $20,000,000.
2. Retaining and Attracting Commercial Businesses. The City has an expansive o
22. Describe how your plan addresses these challenges.
1. PFAS. We are actively seeking funding to help us address PFAS contamination in our
City wells.
2. Retaining and Attracting Commercial Businesses. The City is taking steps to make the
City of Oak Park Heights the most desirable commercial corridor on the east side of the
Metro area by taking steps such as remediation of PFAS. o
PARTNERSHIPS, COLLABORATION AND COMMUNITY ENGAGEMENT
23. Describe any partnerships or collaborations associated with the project. How do these strengthen the project or
improve outcomes? Attach letters of support or joint agreements as appropriate.
The City works closely with our business community stakeholders to ensure our
commercial corridor remains active and vibrant. Attached is a letter from Mr. Curt Hoffman
who owns a large $15M+ retail/commercial center that includes Kowalski's. Secondly,
attached is a letter from the Greater Stillwater Area Chamber of Commerce as we work
together to ensure our area remains a vibrant and thriving commercial center.
24. Is this project consistent with the community's comprehensive plan?
Yes. Addressing PFAS contamination aligns with Oak Park Heights' comprehensive plan
by ensuring the health and safety of its residents, which is a core objective. The
comprehensive plan includes provisions for maintaining and improving water quality,
promoting environmental sustainability, and preparing for future regulatory changes.
Proactively addressing PFAS helps the city meet these goals, safeguard public health, and
adhere to potential stricter guidelines from health authorities, thereby ensuring the o
25. Describe your engagement with community stakeholders, landowners, sovereign nations, adjacent
communities, marginalized communities, et al. with
a. the strategies for the long term (industries, land use, workforce, etc.) or
The City has taken a proactive role in preparing for the closure of the Allen S. King Plant
and the impact to our community. The City created the Allen S. King Plant Advisory Panel
to help hear from our community stakeholders. The purpose of the Advisory Panel
included:
1. Education
2. Expectations
4 Rninc Rocnnncihilifinc and r nmmi inir ntinnc
b. the particular development or project?
Page 70 of 86
The City has been actively engaging our community as it relates to PFAS within our
drinking water supply. This engagement has been through the City Newsletter, website
and direct meetings with community members.
Page 71 of 86 10
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Page 74 of 86
M
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PAYMENT INFORMATION
Most grant payments take place through electronic funds transfer (EFT). To ensure proper payment, a Vendor Number
assigned by Minnesota Management & Budget is required.
Financial Contact Person: Alison Egger
Telephone Number or e-mail: 651.439.4439
State of Minnesota Vendor Number: 0000201733
If a Minnesota Vendor Number does not exist, please supply:
Minnesota Identification Number:
and
Federal Employer Identification Number:
Page 75 of 86 14
MEMPLOYMENT AND
r' ECONOMIC DEVELOPMENT Conflict of Interest Disclosure
State of Minnesota
Instructions: Please return your completed form as part of the Response submittal.
Conflict of Interest Disclosure Form
This form gives applicants and grantees an opportunity to disclose any actual or potential conflicts of interest that may
exist when receiving a grant. It is the applicant/grantee's obligation to be familiar with the Office of Grants Management
(OGM) Grants Policy 08-01 Conflict of Interest Policy for State Grant -Making effective date 1/1/22 and to disclose any
conflicts of interest accordingly.
All grant applicants must complete and sign a conflict-of-interest disclosure form.
I or my grant organization do NOT have an ACTUAL or POTENTIAL conflict of interest.
If at any time after submission of this form, I or my grant organization discover any conflict of interest(s), I or my grant
organization will disclose that conflict immediately to the appropriate agency or grant program personnel.
I or my grant organization have an ACTUAL or POTENTIAL conflict of interest. (Please describe below):
If at any time after submission of this form, I or my grant organization discover any additional conflict of interest(s), I or
my grant organization will disclose that conflict immediately to the appropriate agency or grant program personnel.
Printed name: Mayor Mary McComber
Signature:
Organization:
City of Oak Park Heights, MN
Date: July 23, 2024
Page 76 of 86 15
APPLICANT RESOLUTION
Applicants must attach a resolution approving this application from the governing body of the community in which the
project is located. A grant application made by a county must also include a resolution of support from the legislative
body in the city in which the electric generating plant is or was located. Blank resolutions have been attached for your
convenience. You may choose to re -format these resolutions but make sure to include all of the statements that appear
in the blank resolutions.
Applicants must adopt and submit the following resolution. This resolution must be adopted prior to submission of the
application package.
WHEREAS, the . is a Community under Minnesota Statute §116J.55;
(Applicant)
NOW THEREFORE BE IT RESOLVED that act as the legal
(Applicant)
Sponsor for project(s) contained in the Community Energy Transition Grant Program to be submitted on.
and that
(Title of Authorized Official)
is hereby authorized to apply to the Department of
Employment and Economic Development for funding of this project on behalf of
(Applicant)
BE IT FURTHER RESOLVED that has the legal authority to
(Applicant)
apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project
administration.
BE IT FURTHER RESOLVED that has not violated any
(Applicant)
Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful
or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
(Applicant)
may enter into an agreement with the State of Minnesota for the above referenced project(s), and
that
regulation as stated in all grant contract agreements.
certifies that it will comply with all applicable laws and
NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the Clerk (for Statutory Cities), or Title of Authorized
Official(s), are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the
applicant. Note: Do not include the proper name, only the title of the official(s). Pursuant to Minnesota Statutes,
section 412.201, Statutory Cities must authorize both the Mayor and Clerk to execute all contracts, whereas Home
Rule Charter Cities or other public entities may differ.
I CERTIFY THAT the above resolution was adopted by the
of
(Applicant)
(City Council, County Board, etc.)
on
( Date)
Page 77 of 86
16
SIGNED
(Authorized Official)
Coordinator of Facility Use
(Title)
ACCOMPANYING RESOLUTION
WITNESSED:
(Signature)
(Date) (Title)
This resolution is required for cities to approve an application that is submitted by a county where the project area
includes the city in which the electric generating plant is or was located. This adopted resolution must be submitted
with the application in addition to the county's resolution.
BE IT RESOLVED that the city of (City within project location)
has approved the Community Energy Transition grant application to be submitted to the Department of Employment
and Economic Development (DEED) on (Date), by .(Applicant)
forthe
(Project Name) project.
I certify that the above resolution was adopted by the city council on (Date).
Signed: (Authorized Official)
Title
Witnessed by:
Date:
Title: Date:
Page 78 of 86
17
APPENDIX A: FOR PUBLIC INFRASTUCTURE PROJECT
1. Will the applicant own and maintain the Public Infrastructure? YesO No 0
If not, explain.
NA
2. Does the applicant have site control of the Public Infrastructure project area? Yes (�) No O
If not, explain.
NA
3. Is the Public Infrastructure project necessary for economic development? Yes No 0
If yes, explain.
NA
4. What economic development activity will the Public Infrastructure serve?
5. Describe the status of permitting necessary for the project being secured. Include permit
expectations and timeframes for approval.
Page 79 of 86
18
6. Will the Public Infrastructure project be fully sponsored by this grant? If not, what
percentage?
NA
Construction projects cannot be awarded to a contractor (by the city or county) or started prior to being
awarded the grant.
Funds cannot be used for privately owned infrastructure.
Grantees are required to complete annual reports to DEED. Grant report template will be provided.
Grantee will be monitored for compliance and performance.
Page 80 of 86
M M
7
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Treatment Plant Site, Well #.2,.
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City Hall
Aprm
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ar R. + ;
0 5 711) S': N
City of Oak Park Heights
PFAS Treatment, Feasibility and Preliminary Design
CET Grant Application 7-24-2024 Sot-, `yt N
Allen S. King Plant Advisory Panel — Summary Document
(Not Included in Council Packet in an effort to conserve paper, but this
document will be included in the submittal to DEED.)
Page 82 of 86
July 15, 2024
Minnesota Department of Employment and Economic Development
First National Bank Building
332 Minnesota Street, Suite E200
Saint Paul, MN 55101-1351
Re: Community Energy Transition Grant
Dear Grant Review Committee:
I am writing on behalf of the Greater Stillwater Chamber of Commerce to express our strong support for
the City of Oak Park Heights' application for the Community Energy Transition Grant. This grant is critical
for the City as it seeks to conduct a PFAS feasibility study, a project of significant importance to our
community's health, environmental integrity, and economic resilience.
The Allen S. King Plant, a key facility in Oak Park Heights, is scheduled for closure in 2028. While this
transition aligns with broader environmental goals, it poses considerable challenges to our local
economy, including job losses and reduced tax revenues. Amid these changes, addressing PFAS
contamination has emerged as a top priority for ensuring the long-term well-being of our residents and
the viability of our local businesses.
The Greater Stillwater Chamber of Commerce recognizes the significant impact that a thorough PFAS
remediation strategy will have on our community. By ensuring a safe and clean environment, we can
attract new businesses, support existing ones, and improve the overall quality of life for our residents.
The feasibility study funded by the Community Energy Transition Grant will be a crucial first step in this
process.
We have full confidence in the City of Oak Park Heights' commitment to this project and their ability to
effectively utilize the grant funds. The City's proactive approach in addressing PFAS contamination
reflects its dedication to maintaining a healthy and sustainable community. Moreover, the collaboration
and transparency demonstrated in their planning efforts indicate a readiness to engage with all
stakeholders, including local businesses, residents, and environmental experts.
In conclusion, we wholeheartedly support the City of Oak Park Heights' application for the Community
Energy Transition Grant. This funding will enable the City to undertake essential groundwork for PFAS
remediation, ultimately contributing to the health, safety, and economic vitality of our region.
Thank you for considering this important application. We look forward to the positive impact this grant
will have on our community.
Sincerely,
Robin Anthony-Evenson, President
Greater Stillwater Area Chamber of Commerce
Page 83 of 86
July 15, 2024
Minnesota Department of Employment and Economic Development
First National Bank Building
332 Minnesota Street, Suite E200
Saint Paul, MN 55101-1351
Re: Community Energy Transition Grant
Dear Grant Review Committee:
I am writing to express my strong support for the City of Oak Park Heights' application for the
Community Energy Transition Grant. As the owner of a $15M shopping center in Oak Park Heights that
contains numerous businesses including Kowalski's, I am deeply committed to the well-being and
economic vitality of our community. This grant is essential for funding a PFAS feasibility study, a critical
step in addressing the environmental and health challenges posed by PFAS contamination.
The scheduled closure of the Allen S. King Plant in 2028 presents significant economic challenges for Oak
Park Heights, including potential job losses and a reduction in tax revenues. Amid these challenges,
addressing PFAS contamination has become a top priority. This study is a crucial first step in formulating
a strategic and effective plan to remediate PFAS contamination, ensuring the long-term health and
sustainability of our environment, thus helping our local business environment.
The City of Oak Park Heights has shown a strong commitment to environmental stewardship and public
health. By securing the Community Energy Transition Grant, the City will be able to undertake the
necessary groundwork to address PFAS contamination effectively. This initiative will not only protect
public health but also enhance the attractiveness of Oak Park Heights as a place to live and do business,
supporting the local economy and community resilience.
As a shopping center owner, I understand the importance of maintaining a safe and healthy
environment for residents, customers, and businesses. The feasibility study funded by this grant will lay
the foundation for comprehensive PFAS remediation, ultimately contributing to the economic stability
and growth of the City of Oak Park Heights.
In conclusion, I wholeheartedly support the City of Oak Park Heights' application for the Community
Energy Transition Grant. This funding is crucial for addressing PFAS contamination and ensuring the
long-term health, safety, and economic vitality of our community. Thank you for considering this
important application.
Sincerely,
Curt Hoffman
Oak Park Ponds, LLC
Page 84 of 86
Xcel Energy Documents
(Not Included in Council Packet in an effort to conserve paper, but this
document will be included in the submittal to DEED.)
Page 85 of 86
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.
AUTHORIZING SUBMISSION OF A COMMUNITY ENERGY TRANSITION (CET)
GRANT APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND
ECONOMIC DEVELOPMENT
WHEREAS, the City of Oak Park Heights is a Community under Minnesota Statute §1 16J.55;
NOW THEREFORE BE IT RESOLVED that the City of Oak Park Heights acts as the legal
Sponsor for projects(s) contained in the Community Energy Transition Grant Program to be
submitted on July 24, 2024 or before and that Mayor Mary McComber is hereby authorized to
apply to the Department of Employment and Economic Development for funding of this project
on behalf of the City of Oak Park Heights;
BE IT FURTHER RESOLVED that the City of Oak Park Heights has the legal authority to
apply for financial assistance, and the institutional, managerial, and financial capability to ensure
adequate project administration.
BE IT FURTHER RESOLVED that the City of Oak Park Heights has not violated any Federal,
State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or
other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of
Oak Park Heights may enter into an agreement with the State of Minnesota for the above
referenced project(s), and that certifies that it will comply with all applicable laws and regulation
as stated in all grant contract agreements.
NOW, THEREFORE BE IT FINALLY RESOLVED that Mayor Mary McComber and the
City Clerk Jennifer Pinski are hereby authorized to execute such agreements as are necessary to
implement the project on behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the Oak Park Heights City Council of
the City of Oak Park Heights on July 23, 2024.
Signed:
Date:
Witnessed:
Mary McComber, Mayor Jennifer Pinski, City Clerk
Date:
Page 86 of 86