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HomeMy WebLinkAbout2009-08-25 through 27 email communication between OPH & MN Dept of Admin (including referenced attachments)Julie Hultman From: Eric Johnson Sent: Thursday, August 27, 2009 3:47 PM To: Scott Richards (srichards@nacplanning.com); Julie Hultman Subject: FW: MCF - Oak Park Heights Attachments: 2009-05-12 BWBR Project Photos 001.jpg; 2009-05-12 BWBR Project Photos 013.jpg; 2009-05-12 BWBR Project Photos 014.jpg From: Ken Bronson (ADM) [mailto:Ken.Bronson@state.mn.us] Sent: Thursday, August 27, 2009 2:16 PM To: Eric Johnson Cc: Mark Ludgatis (mludgatis©bwbr.com); Laughlin, Ron; Lemer, Michael; Brian Pawlak (DOC); William Montgomery (DOC); Chris Guevin (ADM) Subject: RE: MCF - Oak Park Heights Eric— The photos are attached. There is a selection of close-up and distance shots from Osgood looking on to the facility. Let me know if anything else is needed. Ken Bronson Real Estate and Construction Services From: Eric Johnson [mailto:eajohnson©cityofoakparkheights.com] Sent: Thursday, August 27, 2009 8:17 AM To: Ken Bronson (ADM) Cc: Jessica Symmes (DOC); Brian Pawlak (DOC); William Montgomery (DOC); mludgatis@bwbr.com; Lemer, Michael; Laughlin, Ron; srichards©nacplanning.com; Mark Vierling; Julie Hultman Subject: RE: MCF - Oak Park Heights Ken, We will certainly review and we will meet your consultant here at City Hall next week Wed at 10:30 for an Administrative Review. Just email the various photos over as you indicate. Thanks For the Response. Eric Johnson City Administrator From: Ken Bronson (ADM) [mailto:Ken.Bronson@state.mn.us] Sent: Wednesday, August 26, 2009 9:00 PM To: Eric Johnson Cc: Jessica Symmes (DOC); Brian Pawlak (DOC); William Montgomery (DOC); Mark Ludgatis (mludgatis@bwbr.com); Lemer, Michael; Laughlin, Ron Subject: MCF - Oak Park Heights Eric, 8/31/2009 Page 1 of 2 Page 2 of 2 The original site plan (200 -AS) is attached for your review. As discussed we will be revising this to a 12' -0" fence with no barbed wire. The MSCWMO permit is attached for your reference. The MSCWMO conditional approval letter is attached for your reference. should have some photos of the site for your reference by the end of the day tomorrow, August 27. If these items bring up any additional questions on this issue, please feel free to contact me to discuss. Once again, thank you for your time in resolving this issue with me. Ken Bronson Real Estate and Construction Services 309 Administration Building 50 Sherburne Ave St Paul, MN 55155 direct 651-201-2394 main 651-201-2550 fax 651-215-6245 8/31/2009 t 4V 5 CD W 8 9 F! , r% g (1) MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION 1 3803 WEST FRONTAGE ROAD, HIGHWAY 3 6 S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 51.27 1 3 6__._ f 651,27- -5 1 -2_5A www _Enscwrno. MSCWMO PROJECT REVIEW PROCESS — POLICIES AND PERFORMANCE STANDARDS PROJECT NAME: OAK PARK HEIGHTS CORRECTIONAL FACILITY ROAD PROJECT TIIE FOLLOWING POLICIES AND PERFORMANCE STANDARDS APPLY: [A checked box indicates compliance] 1 1 41 Newly developed or redeveloped areas will be limited to the predevelopment or existing rate of runoff or to a rate within the capacity of .downstream conveyance systems, whichever is less, and no increase in the volume orrate of runoff from newly developed areas will occur in areas where natural outlets do not exist. In sub-areas of a landlocked watershed, development shall not increase the predevelopment volume or rate of discharge from the sub-aim. for the 10-year return period event. WMP Section 5,1:4, Policy Item 4 Runoff will be minimized through on --site infiltration or prevented through reduction in impervious surfaces to the largest extent possible before detention ponds are used. WMP Section 5.1.4, Policy Item 5 This document is for guidance. Applicants should consult the MSCWMO Watershed Management Plan (WMP) for specific requirements. All require n.ents of the policies and performance standards contained within .Section 5 of the WMP must be met before the MSCWMO Board will approve the project. Direct discharge of stormwater to wetlands and all other water bodies without water quality treatment is prohibited. WMP Section 5I 1.4, Policy Item 1 Sources of water pollution shall be identified through the MSCWMO data collection program and corrected through the application of BMPs. WMP Section 5,1.4, Policy Item 2 All hydrologic studies shall analyze the 24 -hour two- (235 inch), ten-- (4.15 inch) and one hundred -year (5.9 inch) critical rainfall .event, with the critical duration defined as that event causing either the highest water surface elevation or the largest peak discharge in an area or both. Any study must use consistent methodology for the pre - development and post- development land use conditions. The methodology must be approved by MSCWMO. WMP Section 5.1.4, Policy item 3 Site design practices that may have only a minor negative impact on peak flow and volume, such as the use of buffer strips along receiving waters and drainage svales, will be promoted to achieve compliance with the water quality performance standard. WAIP Section 5.1.4, Policy Bern 6 Middle St. Croix Watershed Management Organization Member' Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, O.West Lakeland C4. Applicants must secure any flowage easements that would be required to accommodate the stormwater management facilities. These easements will be granted up to the 1 00-yr flood level. WMP Section 5. L4, Policy Item 7 Applicants- will provide the MSCWMO with 100--year flood levels on the ponds, lakes, and streams as parcels are developed. WMP Section 5.1.4, Policy Item 8 The MSCWMO has adopted the Washington County Floodplain Regulations. (Appendix H). AMP Section 5.1.4, Policy Item 9 Project must meet the Design Standards for Structural Stormwater Management Measures of the State of Minnesota Stormwater Manual, November 2005, or the most recent edition at www,pca.state.mn.usl wateri stormwater lstornnwater- manual.html. WMP Section 5.1.4, Performance Standard 1; WMP Section 5.2.4, Performance Standard 1 Design requirements for bioretention basins: Adequate pretreatment upstream of bioretention practice(s) Construction phased so that impervious area constructipn is complete and pervious areas have established vegetation before stormwater is introduced into bioretention practice(s) Planting plan detailing establishment of vegetation suitable for hydrology of basin The design permeability rate through the planting soil bed must be high enough to fully drain the stormwater quality design storm runoff volume within 48 hours. Easy access provided for routine maintenance of infiltration practice(s) Maintenance plan clearly identifies long -term maintenance schedule and responsibility Secondary outlet provided Separation from seasonally saturated soils or bedrock is 3 feet or more Enhanced volume runoff controls will be designed to retain on -site the first 1 /2 inch of runoff for all impervious areas plus IA inch of rurxo `f for areas with compacted soils. WMP Section 5.1.4, Performance Standard 2 a. Impervious areas or surfaces are defined as a surface in the landscape that impedes the infiltration of rainfall and results in an increased volume of surface runoff. b. Compacted soils are defined as surfaces in the landscape where the underlying soils are compacted by construction or other activity that impedes the infiltration of rainfall and results in an increased volume of surface runoff, c. In redevelopment scenarios, volume control standards apply l only to areas of new construction, where soils are compacted, runoff characteristics are changed, or vegetation is removed. M No increase in rate of runoff leaving the site from pre - development to ost- develo anent p P conditions generated by the 24 -hour two- (2.75 inch), ten- (4.15 inch) and one hundred - -year Middle St. Croix Watershed Management Orga.nization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland. Shores, Lake St. Croix Beach, Oak Park Heights; St. Mary's Point, Stillwater, a West Lakeland (5.9 inch) critical rainfall events. WMP Section 5.1.4, Performance Standard 3; WMP Section 5.2.4 Performance Shard 2 Stornnwater Pollution Prevention Plan (SWPPP) that meets the National Pollutant Discharge Elimination System (NPDES) requirements must be submitted to and approved by the MSCWMO for all projects undertaking adin , filling, or other land alteration activities which involve movement of earth or removal of vegetation on greater than 10,000 square feet of land (See Appendix J for NPDES requiremehts). WMP Section 5, '. 4, Performance Standard 4; WMP Section 5.2.4, Performance Standard 3 'SWPPP Requirements: Ej Description of the nature of the construction activity El Address the potential for discharge of sediment and /or other potential pollutants from the site Identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will oversee.the implementation of the SWPPP and the installation, inspection and maintenance of the erosion prevention and sediment control BMPs before and during construction • Identify who will have the responsibility for long -term operation and maintenance of the permanent stormwater management system Identify a chain of responsibility with all operators on the site to ensure that the .SWPPP will be implemented and stay in effect until the construction project is complete, the entire site has undergone final stabilization, and a Notice of Termination has been submitted to MPCA Narrative describing the timing for installation of all erosion prevention and sediment control BMPs Location and type of all temporary and permanent erosion prevention and sediment control BMPS along with procedures to be used to establish temporary BMPs as necessary for the site conditions during construction Standard plates and/or specifications for all BMPs used on theproject Site map with existing and final grades, including dividing lines and direction of flow for all pre and post - construction stormwater runoff drainage areas' located within the project limits Site map,,ineluding impervious surface areas and soil types; area of each_ rust be noted (in square feet or acres) Location of areas not to lie disturbed Location of areas where construction wine phased to minimize duration of exposed soil, areas . Identify all surface water and wetlands within ' 2 mile of the project that will receive stormwater runoff from construction site El Methods to be used for final stabilization ofall exposed soil areas z Describe procedures to routinely inspect the construction site (once even 7 days and within 24 hours after a rainfall event greater than �� inch) El Describe practices to properly manage and dispose of solid waste Describe practices to properly manage hazardous materials r 1 Middle St. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, a West Lakeland �1 1 1 1 Describe practices for external washing of trucks and other construction vehicles (concrete trucks, etc.) Describe spill prevention plan Describe measures to address sanitary and septic waste Direct discharge of stormwater to wetlands and all other water bodies without water quality treatment is prohibited. 'MF Section 5.1.4, Performance Standard 5 Predevelopment conditions shall assume "good hydrologic conditions" for appropriate land covers as identified in TR- 55 or an equivalent methodology. The meanings of "hydrologic soil group" and "runoff curve number" are as determined in TR- 55. However, when predevelopment land .cover is cropland, rather than using TR- 55 values for cropland, the following runoff curve numbers (RCN) shall be .used. These curve numbers represent midrange values for soils under a good hydrologic condition where conservation practices are used and are selected to be protective of the resource waters. WMP Section 5.1.4, Performance Standard 6 Hy drologic Soil Group Runoff Curve Number B c D 56 70 79 83 Conversion of high - permeability soils shall be avoided and these soils shall be targeted for in - filtration. WMP Section 5.1.4, Peiformance Standard 7 Lowest floor elevations of structures built adj acent to stormwater management features and other water bodies must be a minimum of two feet above the 100 -year flood elevation and a m um of two feet above the natural overflow of landlocked basins. The landowner or developer is required to provide MSCWMO with the location of the 100-year flood elevation, natural overflow elevation, and lowest floor elevations. WMP Section ,5.1.4, erf rmance Standard 8 Buffer zones of unmowed natural vegetation shall be maintained or created upslope of delineated wetland edges, ordinary high water elevation, or floodplain of all water bodies (wetlands, streams, lakes) in accordance with the Performance Standards relating to wetlands, Section 5.3.4. WMP Section 5.1.4, Performance Standard 9 Detention facilities will be designed to attenuate peak flows and p rovide on-site infiltration in high - permeability soils, natural depressions, and swales. WMP Section 5.1.4, Performance Standard 10 . The MSCWMO shall require proper erosion and sediment control throughout the watershed to prevent siltation and sedimentation of streams, lakes, wetlands, and other areas of the watershed. WMP Section 5.2.4 Policy Item 1 Middle St. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, £t West Lakeland Both temporary (during construction) and permanent (long -term) erosion control will be required on newly developed or redeveloped land in MSCWMO undertaking grading, filling, or other land alteration activities which involve movement of over 100 cubic yards of earth or removal of vegetation on greater than 10,000 square feet of land. WMP Section 5.2.4 Policy Item 2 z Existing agricultural activities will be exempt from the performance standards listed in WMP Section 5.2.4. MSCWMO will require buffers from waterbodies and support agricultural BMPs. New agricultural activities must conform to the performance standards listed in WMP Section 5.2.4. SIP Section 5.2.4 Policy Item 3 Construction is prohibited on slopes greater than 12 percent. Twelve percent (12 %) slopes are defined as lands having average slopes 12% or greater over horizontal distances of fifty feet (50) or more. WMP Section 5.2.4 Performance Standard 4 ,Z1 Construction is prohibited within 40 feet of the top of blufflines in urban areas and 100 feet ill rural areas. Blufflines are defined as a line along the top of a slope connecting points at which the slope, proceeding away from the waterbody or adjoining watershed channel, becomes less than twelve percent (12 %). The location of the bluffline shall be certified by a registered land surveyor or the Zoning Administrator. WMP Section 5.2.4, Performance Standard 5 Land alteration activities are prohibited within twenty (20) feet of the top of the bluff. Top of bluff is defined as the highest point of a bluff with an average slope exceeding 12 %. WMP Section 5.2.4, Performance Standard 6 Buffer zones of unrnowed natural vegetation shall be maintained or created upslope of delineated wetland edges, ordinary high water elevation, or floodplain of all water bodies (wetlands, streams, lakes) in accordance with the Performance Standards relating to wetlands, Section 5.3.4, WMP Section 5.2.4 Pei ormance Standard 7 Middle St. Croix Watershed Management Organization Member Communities Alton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, ft'West Lakeland 1 MIDDLE . ST. CROJX = ATERSHE ANA EMENT ORGANIZATION 1 3 8 0 WEST FRONTAGE ROAD, HIGHWAY 36 S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 r - .•._ n....�"r I.Y.+ 3-6--x n 2 1 ....._ . .... r o� n_ ev_��� E r �_ a Z f� x - -6-5- r . 5-4 ---_— w w - : - i7_s___a - : 4 - r - May 15th, 2009 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. N, PQ Box 2007 Oak Park Heights, MN 55082 RE: Oak Park Heights Correctional Facility Dear Mr. Johnson, The Middle St. Croix Watershed Management Organization (MSCWMO) received required submittal items on April 16th, 2009 for the proposed Oak Park Heights Correctional Facility Road Paving Project, located within MSCWMO boundaries and in the city of oak Park Heights. The proposed project qualifies for full review - under the MSCWMO 2006 Watershed Management Plan (WMP). The project, as submitted, meets all Policies and Performance Standards contained within Section 5.0 of the MSCWMO WMP. The MSCWMO Board approved the project at their regular board meeting on May 14th, 2009, with the following comments: L. A person or point of contact knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will oversee the implementation of the SWPPP and the installation, inspection and maintenance of the erosion prevention and sediment control BMPs before and during construetion has not been identified. This . person's contact information should be provided to the MSCWMO when the information is available. This approval does not constitute approval by the city of Oak Park Heights. The enclosed checklists contain detailed information on project review qualification and the policies and performance standards of the WMP. MSCWMO review process information can be downloaded from www.nascwmo.org. Feel free to contact me at 651. 275- -1136 x21 or peter.young@mn.wcd.org if you have any questions regarding these comments. Sincerely, . Enclosures (1) Am y Carolan Administrator, Middle St. Croix Watershed .Management Organization cc: Pete Young, MSCWMO Engineering Specialist Dan Coyle, PE K.i.m.ley - Horn and Associates MAY ' 8 2009 Midcite 5t. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, a West Lakeland , Julie Hultman From: Eric Johnson Sent: Wednesday, August 26, 2009 9:40 AM To: 'Ken Bronson (ADM)'; Scott Richards (srichards@nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis@bwbr.com); Julie Hultman; 'Mark Vierling'; 'Jessica Symmes' Subject: RE: MCF OPH, Site Improvements 8/26/09 Mr. Bronson, Does your department also have the opinion that the State must not comply with the local watershed district requirements? I will forward this opinion to the MSCWMO. Please advise. Thank You Eric From: Ken Bronson (ADM) [mailto:Ken.Bronson©stateimn.us] Sent: Tuesday, August 25, 2009 11:51 AM To: Scott Richards (srichards©nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis@bwbr.com); Eric Johnson; Julie Hultman Subject: MCF - OPH, Site Improvements Scott, Please see attached response to your correspondence dated August 19, 2009. Ken Bronson Real Estate and Construction Services 309 Administration Building 50 Sherburne Ave St Paul, MN 55155 direct 651-201-2394 main 651-201-2550 fax 651-215-6245 8/26/2009 Page 1 of 1 Julie Hultman From: Eric Johnson Sent: Wednesday, August 26, 2009 8:43 AM To: 'Ken Bronson (ADM)'; 'Scott Richards (srichards@nacplanning.com)' Cc: 'William Montgomery (DOC)'; 'Brian Pawlak (DOC); 'Mark Ludgatis (mludgatis©bwbr.com)'; Julie Hultman; 'Jessica Symmes'; 'Mark Vier ling' Subject: RE: MCF OPH, Site Improvements 8/26/09 Mr. Bronson Will you be attending today's site meeting as requested. You also did not respond to my question from yesterday. Please advise. Thank You Eric Johnson City Administrator From: Eric Johnson Sent: Tuesday, August 25, 2009 12:05 PM To: 'Ken Bronson (ADM)'; Scott Richards (srichards@nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis@bwbr.com); Julie Hultman; 'Jessica Symmes'; 'Mark Vier ling' Subject: RE: MCF OPH, Site Improvements Mr. Bronson. We will forward this document to the City Attorney for review.. But for the record, At this point are you refusing to move through the City's process? Please clarify. Thank You Eric Johnson From: Ken Bronson (ADM) [mailto:Ken.Bronson@state.mn.us] Sent: Tuesday, August 25, 2009 11:51 AM To: Scott Richards (srichards©nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis@bwbr.com); Eric Johnson; Julie Hultman Subject: MCF - OPH, Site Improvements Scott, 8/26/2009 Page 1 of 2 Julie Hultman From: Eric Johnson Sent: Tuesday, August 25, 2009 12:11 PM To: 'Jessica Symmes' Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis@bwbr.com); Julie Hultman; 'Ken Bronson (ADM)'; Scott Richards (srichards@nacplanning.com) Subject: RE: MCF - OPH, Site Improvements 8-25-09 Jessica, I see that you were not copied on the email below from Mr. Bronson. I just forwarded it to you a moment ago. I do not believe it fosters a working relationship between a HOST CITY AND the Department if positions such as Mr. Bronson's are carried forward. Interestingly, if his concerns are about timeline...the City met with someone on this matter months ago, yet no application was submitted, now he cites that it is somehow due to a process that would delay this project? Is it your Department's position (not DOA) that it is not required to proceed to a an official process? Moreover, which department should we be dealing with DOA or Corrections? Any insight would be helpful. Thanks Eric Johnson City Administrator From: Ken Bronson (ADM) [mailto:Ken.Bronson@statammus] Sent: Tuesday, August 25, 2009 11:51 AM To: Scott Richards (srichards@nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis@bwbr.com ); Eric Johnson; Julie Hultman Subject: MCF - OPH, Site Improvements Scott, Please see attached response to your correspondence dated August 19, 2009. 8/25/2009 Ken Bronson Real Estate and Construction Services 309 Administration Building 50 Sherburne Ave St Paul, MN 55155 direct 651-201-2394 main 651-201-2550 fax 651-215-6245 Page 1 of 2 Julie Hultman From: Eric Johnson Sent: Tuesday, August 25, 2009 12:05 PM To: 'Ken Bronson (ADM); Scott Richards (srichards©nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlah(DDC); Mark Ludoatie(m|ud oom);Ju|ieHultnlan;Ueesica 8vmmeo; 'Mark Vier|ng' Subject: RE: PWCF'OPH. Site Improvements Mr. Bronson. We will forward this document to the City Attorney for review.. But for the record, At this point are you refusing to move through the City's process? Please clarify. Thank You Eric Johnson Fr..?m: Ken Bronson (ADM) [mailto:Ken Bronson@staLe usl Sent; Tuesday, August 25, 2009 11:51 AM To: S&tt Richards (srichards©nacplanning.com) Cc: Will6'm Montgomery DOCl} Brian Pawlak ( hm| bvvbricomt Eric Johnson; Ju Hultman Subject: MC - OPH, Site Improvements ~'- Scott, Please see attached resp se to your correspondence dated August 19, 2009. 8/25/2009 Ken Bronson .. .__—. Real Estate and ponstruction Services 309 Administration Building 50 SherburnOve St Paul, MN direct 651-2'01-2394 main 65101-2550 fax 651-215-6245 Page 1 of 1 Julie Hultman From: Ken Bronson (ADM) [Ken. Bronson a@state. mn.us Sent: Tuesday, August 25, 2009 11:51 AM To: Scott Richards (srichards©nacplanning.com) Cc: William Montgomery (DOC); Brian Pawlak (DOC); Mark Ludgatis (mludgatis a©bwbr.com); Eric Johnson; Julie Hultman Subject: MCF - OPH, Site Improvements Attachments: 082509 NWAC permit reply.pdf Scott, Please see attached response to your correspondence dated August 19, 2009. Ken Bronson Real Estate and Construction Services 309 Administration Building 50 Sherburne Ave St Paul, MN 55155 direct 651 - 201 -2394 main 651 - 201 -2550 fax 651 - 2156245 8/25/2009 Page 1 of 1 DEPARTMENT OF ADMINISTRATION August 25, 2009 Mr. Scott D. Richards Northwest Associated Consultants 4500 Olson Memorial Highway, Suite 202 Golden Valley, MN 55422 Re: Minnesota Correctional Facility - Oak Park Heights, Site Improvements RECS '787 6OPP Mr. Richards: ronson RECS, Sr Project Manager Cc: Eric Johnson, City Administrator Julie Hultman, Planning & Code Enforcement Officer Bill Montgomery, DOC, Capital Resources Administrator Brian Pawlak, MCP — Oak Park Heights, Physical Plant Director Mark Lugatis, BWBR, Associate REAL ESTATE AND CONSTRUCTION SERVICES 309 Administration Building 50 Sherburne Avenue St. Paul, Minnesota 55155 Voice: (651) 201.2394 TTY: (800) 627.3529 FAX: (651) 215 -6245 Web: www.admin,state,mn, usirecs Our office is currently overseeing several construction projects in various stages for the Minnesota Correctional Facility — Oak Park Heights. Each of these projects will help address critical life -safety and infrastructure needs at the facility to allow us to better serve our citizens in holding offenders accountable and contributing to a safer Minnesota. My understanding is the State has not granted Oak Park Heights' municipalities the right to impose zoning or conditional use permits on the State, which 1 believe historically has been the situation. Our concern is not related to the Development Application or obtaining a Building Permit but rather with the applicability, timeframe, and cost for the City application and review process. Attached please find a memo dated October 5, 1995 regarding state government exemption from local planning and zoning regulations. Also attached is the current version of M.S. 394.25. Although formal approval is not required related to local planning and zoning regulations, we fully encourage, seek and support a strong partnership with local jurisdictions on our projects and would welcome any comments from staff, Planning Commission, and City Council members in an advisory capacity. However, the tirnefrarne involved for a formal review process by the Planning Commission is raising concerns regarding our ability to meet the schedule and budgetary requirements on this project. Z appreciate the opportunity to discuss further with. you. If helpful, 1 would be happy to come to your office for a meeting. Sincerely, rIVII VE.,01\ 4114. 1 U. V 14V40 STATE OF MINNESOTA Office of the Attorney General ■. • i TO : STEPHEN FIERN1CK Building Codes and Standard Division Department of Administration FROM AMY V KVALSETH Assistant Attorney General. ' SUBJECT : State Government Exemptioa From Local Plarating/Zoning Regulations You asked the question of whether state governmental units are subject to local governmental planning and zoning replations, The answer is no unless by statute the State is expressly made subject to the planning or zoning regulation at issue, or the State consents to regulation. The answer comes initially from the principle that the State is the sovereign power. As sovereign, the State regulates its own property. In the absence of a 'waiver by the State of its right to regulate its owu property, the property is exempt from a municipality's regulation. Watson nstruction Co. v City s St. Paul, 109 N.W.24:1332, 334 (Minn, 1961). Or to express tilt concept differently, the State gives to its municipalitles, includin counties townships, and cities, only those powers enumerated in its laws. A municipality's power to regulate land use by zoning or other means exists only by virtue of authority delegated to it by the State, Costle v. Cargnit ouse Inc, 313 N.W.2d 21 (Minn. 1981) (municipality receives zoning over by legislative grant and cannot exceed limitations imposed by enabling legislation); De ne v.. it .f :Duluth, 202 N.W.2d 892 (Minn. 1972), If the State does not name Ltself as subject to a particular law, or if the law leaves any doubt as to its application to the State, the State is not bound by the law. Minn. Stat. § 645.27. . The State has granted to municipalities authority to regulate land use within their jurisdiction's through planning and zorling. Minn. Stat. c,hs. 394 and 462. The State has not granted, however, to municipalities the right to impose zoning and conditional use permits on the State. AvKIdscAbcsd.008 DATE : October 5. 1995 PHON 297-1135 (Voice) 281.2525 (TDD) Please contact me if you have further questions regarding this matter. ,k "lc „. ;it 1 fl t r ti F, ,+ I • ;fit +i Afe;64 r1-(01 UtSS ZNU t"LUU K rep :44 ZOUti � € -• t to R �V! t t •. t ' " = ; t i��t 13 �i`!+ i!' • 7j 1..124. t e4 + F +' i<�;� ' f ° fi Y � li� ►iil +i ;` * l t t M i�� { �r 1 • ' f 'il !�' �i' c P s$ V s . {:' r► ��,� •' } eff• •f# R� # �raR _� } }t ' ■_ ► /�, ■rt t r %t�s i 1ST T1 .: f +• ► = t :7. / ■! : . �d• *1 •7Fi ► t ! � k � R I�� c � • T•I:} y, i � �. .. � , ` ; • ' f , 4 ► � � �t ► �' ; � i.• t s ='" tin .aF � k - ,� 4•.: �� ; f� • [�w�i � +i�' s t T�'y� l � U r # � � If , � _ �'� .L •�T •� ,�� #��i,' �,� 1 .R ,i t � i # • >� r =�1� `' ; i� � r�% �t�1� %��^ � � ��fFi nn i R 1� M i• � Il -� . ► } t �,,� � . � R fir. } s •c=,,• d r5 + 1.. BAs:..: f t ,..1 .1.0 , 4k , p t , � � .kt � i 1< �c .. .J�� , fdiCI t � • 1 r1A s l rA filat:� i � f � • v . !� 1�::.' . a � s ¢L„ ►Awl PLANNING, DEVELOPME , •. zo t ^i vices and facilities rest receive due consideration in the formulation, administration and enforcement of all official controlteali4X4o,land owned or leased by the federal or I .state governm ,ant shall be subject to ofticial controls of the county. With respect to the use or land for public purposes, the orts of this subdivision shall not apply in the metropolitan area as described in section 4:13A22,, History: 1959 c 559 s 4; 1963 c 692 s. 2: ) 924 c 57) s 9-.1i; 1280 c 509.s 130 324 +25 FORMS OF COOL . ` Subdivision 1, OffIcial controls shall be adopted by ordinance and may include but are not limited to tl e features .set forth in this section. ubd. 2 Zoning ordinances establishing districts within which the use of and or the use of water or the sur 'he ofwat r pursuant to,seption 861i.205 for agriculture, for - estry, recreation, resi d cn cc, industry trade, soil conservation, water supply conserva- -ton, surface water drainage and remold,. conservation of s'horeiands, as defined in sections 1031:4201 to 103F.221, and additional uses c f load and of the surface of water pursuant to section 8 ,13.205, may be by ofhtial controls encouraged, regulated, or pro- , hibited and for such purpose the board may divide the county into districts of such number, shape, and area as may be deemed%best suited to cam out the comprehensive plan. Official controls may also be applied to wetlands preservation, open space, parks, sewage disposal, protection of groundwater, protection offkoodplains as defined in sec- tion l O3F.1 l 1, protection of wild, scenic, or recreational rivers as deemed in sedtions 103F.311 and l OWW.31 S, protection of'slopi, soils, unconsolidated Materials or bedrock from potentially damaging development, + � r p e r � s e r v ti oa� r forests, woodlands and ess r tial wildlife habitat. reclamation of nonmt a11i}�c mining lands; p otectioh and enco r r aagement of access to direct sunlight for solar eneigy systems as de5ped in section 2l 6C.06, subdivision 8 and the preservation of agricultural lands. ' Subd. 3? Within each such district,zoning or ances or maps may also be adopted designating or limiting the location, heigbt, width, bulk, type of foundation, number 'of stories, size of and the spcfic uses ft5iv whih,drellings, buildings, and structures may be erected or altered; the minimurri and ,maximum size of yards, courts,, or other open spaces; setback from existing roads And highways and roads and highways desig- nated on an of offal reap; protective -measures necessary to protect the public interest including but not Bruited to••contrals refitting to appearance, signs, lighting, hours or operation and other aesthetic performance' characteristics including but not limited to noise, haat, vibrations and smoke; th'e area required,to provide for off street loadu. ing and parking facilities: heights of trees''apct structures near airports'. and to avoid too great concentration or scattUring of the population. All such provisions shall be uniform for each class of land or building throughout each district, but, the provisions in one dis- trict may dfcr from those in other districts, No provision may prohibit card) sheltered constructioa as defined in section 2160 O6 ,'subdivision 2, �r nmanufactur:ed homes built in conformance with sections 32731 to 32 35 that comply with ail other zoning ordi- nances promuigatedtpursuani to this section. Subda. 4. Official maps as defined in sd`ction 394.22, subdivision 1.2. Subd. S. [Repealed, 1974 c 571's 511 ' Subd. 5a, In counties in the mctropb1itan area as dcftrued in section 473:122. off cial maps may fora period or up to five years designate the boundaries of areas reserved for purposes of soil conservation., water•supply conservation, flood control and surface water drainage and .removal. . Sub& 6. [Repealed, 1974 c 571 .s 5)) Subd. 7 Specific controls pertaining to other subjects incorporated in the compre- hensive plan or establishing standards and procedures to be employed in land develop- ment including, but not limited to, subdividing or land and the approval of land plats and the preservation and dcdicatiob of streets and land for other public purposes and the general design of physical innproveent. Subd. S, Any statute of Minnesma, any administrative rule of any department of 295g 139 th•' start of the o or stand fession2 on the s son i Lar) of the s u and be as rr tJon■ ; need nc Plans ft ti on dt *, St) pinir ctal coy 10 the) upon k lion* 490s 394.26 .adopti o mcia tional deride( er'wx ;: from s by pu area t heari miner of an; notic to the Wdti cOcE tions 500 i writt prop the wou' lane afr