HomeMy WebLinkAbout07-27-10 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, JULY 27, 20I0
CITY COUNCIL. MEETING AGENDA
7:30 P.M., oi immediately following conclusion of worksession
7:30 p.m. L Call to Order /Pledge of Allegiance /Approval of A <,,enda
Estimated -
linles
7:35 p.rn. 11. Depal_tment /Council Liaison Re,micts
A. Planning Commission
B. Parks Commission
C. Water Management Organizations
D. Other liaison /Stai7'reports
7:40 p.m. 111. Visitors /Public Comment
Recycling Award (1)
'Phis is an opportunity I01 the public to address the Council with questions or concerns on issues not part of
the re,ular agenda. (Please limit conirncnis to 3 minules in lell"111.)
7:45 p.m. IV. Consent A -much (Roll Call Vote)
A. Approve Bills & Investments
13. Approve City Council Minutes - June 72, 2010 (2)
C. Approve Resolution Cirantiltg the Application oi'the American Cancer Society to
Conduct a one -day Raffle at the Stillwater Area High School on Aug. 7. 2010 (3)
D. Jorgenson Construction Inc. 13"' Payment 1 - or New City I Tall Project (4)
I?. Approve Contract Amendments .- City Administrator (5)
7:50 p.m, V. Publ I lear
None:
7:50 p.m. V1. Old Business
A. City I lall Facility (ho enelosiwc)
13. Reschedule August 10, 2010 Budget Workshop (6)
C. Social I lost Ordinance (7)
9:00p.111, V11. New Basin ss
A. White Castle - Planned Unit Development (PUD) General Plan Approval,
Conditional Use Permit, Site Plan and Design Standards Review, 60' Street North
Between Norwich and Novak Avenue North (8)
13. Set Public I learing. Irate for Review of Liquor, 'Fobacco, and Amusement I Jccnse
lees (9)
C. Approval to Send Out RPQs for Bond Counsel and h"Ilgincering Firms (.10)
D, Approve 2010 2011 Recycling Grant Agreement with Washington County (11)
8:15 pan. Vill. Ad J[qu �nmgnt
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Oak Park Heights
Request for Council Action
Meeting Date July 27, 2010
Agenda Reevelinv, Award ---- --------- ---------- fine Required 0 .._'_._
Agenda Ilacemew Visitom/Public Comment
Originating Department/Requcstor Adipir'mOration /Jennifer Pinski
Requester's 'Signature A �_ ----- ----- -
Action Requested __ Information
13 (Please indicate any previous action has been taken or if other
public bodies have been advised).
Page 3 of 76
July 8, 2010
Lucy & Irwin Turner
5714 Penrose Avenue North
Oak Park Heights, MN 55082
Dear Lucy & Irwin:
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 $25.00 or a fire
extinguisher and /or smoke detector(s).
Your residence was checked on Thursday, July 8, 2010, to determine if you
had your recycling lain 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 at 439 -4439 at your convenience to arrange for delivery of
the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratufaticros! � l
`w1
Jennifer Pinski
Administrative Secretary /Deputy Clerk
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st 1•
CITY OF
AK PARK H
1X1108 Wk 1 arl< Boulevard No. ° 1 .O. Boy 2007 ° oak I m 11cights, AI\ S5082-2007 I Iwnr: G51 /4;3 }- }.13} ° Fax: 6511
July 8, 2010
James Link
5623 O'Brien Avenue North
Oak Park Heights, MN 55082
Dear James:
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 $25.00 or a fire
extinguisher and /or smoke detector(s).
Your residence was checked on Thursday, July 22, 2010, 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 at 439 ---439 at your convenience to arrange for delivery of
the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations!..,.,
Jeii ifor Pinski
Administrative Secretary /Deputy Clerk
Tree City U.S.A. Page 5 of 76
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Oak Park Heights
Request for Council Action
Meeting Date July 27, 2010
Agenda Item Am)rove City Council Minutes 3 wie 22, 2010 Time Required 0 ............ ...
Agenda Placement Consent
Originating Departineiit/Requestor fer Pinski
ReqLICSM-'S Signature
Action Requested prove . . . . .......... ..... .. .. ............ ... . ... -- - - - ------- -------
l.lackgi-ott)id/Jtistil'ic,itioii {Please indicate any previous action has been taken or lj'()tllcr
public bodies have been advised).
See attached minutes.
Page 7 of 76
CITY OF OAK PARK HEIGHTS
7:00 P.M. TUESDAY, JUNE 22, 201
C ITY COUNCIL MEETING MINUTES
I. Call to Order /Pledge of Alle�(dance /Approval of Agenda: The meeting was
called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers
Abrahamson, McComber, Runk, and Swenson. Staff present: City Administrator
Johnson, City ,Attorney Eid, Finance Director Hoist, Public Works Director
Kegley, Police Chief DeRosier, City Engineer Long, and City Planner Richards.
Absent: None.
Mayor I3eaudet added "Resolution in Support of Stillwater Motors .--- Cadillac
Site" as New Business Item I-I; "Comeast Update" under the Public Ilearings
section of the Agenda; and "Approve Change Order No. 6" to Old Business Item
A.
Councilmember Abrahamson, seconded by Councilnnember McC.omber, moved
#o approve the Agenda as amended. Carried 5 -0.
lI. Rmort from City Attorney Ret;ardin-y Closed Session Meld on Mav 25, 2010: . __
City Attorney I?id reported that a closed session was held oil May 25, 2010,
pursuant to Minnesota Statutes Section 13.d to discuss possible real estate
acquisition. She stated formal action was taken to make an offer to purchase 6180
Osgood Avenue North in the City o#`Oak Park I lcights.
III. Department /Council Liaison Reports:
A. Planning; Commission: City Planner Richards reported that the last
nleeting of the Planning Commission was on ,tune 1 Ile reported the
Planning Commission held a Public. Hearing fm Aldl at that i and
recommended approval. Richard reported the next meeting of'tile
Planning Commission was set for July 15 and there would likely be a
Public Ifearing for White Castle.
B. Parks Commission: Councilmember McComber reported that the Parks
Commission last met on June 21. She stated there was a presentation
regarding a possible dog park in the City, and there was discussion about
basketball hoops oil the pleasure rink at Brekke Park. McComber reported
the next meeting of the Parks Commission was set for July 19 at 6:30 p.m.
at City I -lall.
Councili Runk reported that the band concert at Autumn I -Iills Park
was cancelled due to inclement weather. I-Ie stated the band director at
Stillwater Area Iligh School was to communicate with Park Programming
Coordinator Zeull to reschedule that event.
Page 8 of 76
City Council Meeting Mlnutes
June 22, 2010
Page 2 of 6
C. Water Management Onmilizations /Middle St. Croix: Mayor Beaudet
reported that the next meeting of the Middle St. Croix Watershed
Management Organization was scheduled for July 8 at 7:00 p.m. at the
Washington Conservation District Office.
D. Other Liaison /Staff Rei)orts: Councilmernber McCornber reported that the
Beyond the Yellow Ribbon Communities plan was submitted for
recognition.
IV. Visitors /Public Comment:
Rccvclin�) Award: Administrative Secretary Pinski reported that Bobbie Boettcher•
of 14823 Upper 55 Street North and `ferry and Susan Fredricksoil of 5640
Newell Circle North were chosen as the recycling award winnus for the month of
June.
V. Consent At�>enda:
A. Approve Bills & Investments
I1 Approve City Council Minutes .- May 25, 2010
C. Approve Resolution Recognizing the Contributions of Warren Wasescha
as Oak Park Heights Planning Commissioner 2004 -2010
I.), Planning Commissioner Appointment: Chuck Dougherty
I . Approve and Appoint 2010 Election Judges
1 ". Jorgenson Construction Inc. 12 °i Payment for New City Mall Project
G. Approve License for Sale /Storage of Consumer 1 "ireworks at Wal -Mart
Parking Lot for Chris Uline;r, TNI' Fireworks
11, Miller Excavating, Inc. I" Payment for 2010 Storm Sewer Improvements
Councilmember McCornber, seconded by Councilinernber Runk moved to
approve the Consent agenda. Roll call vote taken. Carried 5 -0.
VI. Public lleariliis:
Comeast Update: Kathi I:)onnelly -Cohen of Comeast provided a presentation on
the Comeast digital transition. She reported that it will not be long before Basic I
subscribers will receive a digital signal.
VII. Old Business:
A. City Hall facility Approve Change Order No. 6: Mayor Beaudet,
seconded by Councilnlember Swenson, moved to approve Change Order
No. 6. Carried 5 -0.
VIII. New Business:
Page 9 of 76
City Council Meeting Minutes
June 22, 2010
Page: 3 of b
A. Schedule Budr;et Workshops: Mayor Beaudet, seconded by
Councilmember MCComber, moved to set the budget workshops for
August 10, 2010, from 5:30 p.m. to 7:00 p.m. and August 24, 2010, from
5:30 p.m. to 7:00 p.m. Carried 5 - 0.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved a 2.8
percent inflationary increase for expenditures and a continuation of the
current capital outlays for 2011, and that councilnlembers are to propose
capital project expenditures for 2011 and beyond to the Finance Director
by .July 15. Carried 5 -0,
B. Anorove Chief o4 Police Attendance at Stab' and Command School:
Councilmember McConiber, seconded by Councifinember Swenson,
moved to authorize the Police Chiefto attend the school based on his
request. Carried 5 -0.
C. Alcohol Co - - Oak Park Wine & Spirits: Police Chief
DeRosier reported that his department conducted alcohol compliance
checks on May 14. He reported one failure: Oak Park Wine & Spirits.
DeRosier recommended a $500 sanction and to set a hearing t.o show
cause.
Councilmember McC.'onlber, seconded by Councilmember Runk, moved
to require Oak Park Wine & Spirits to attend a hearing to show cause or
pay the $500 sanction per the Police Chief's recommendation. Carried 5-
0.
Councili nember McC:'omber, seconded by Mayor Beaudet, moved to set
the hearing to shov, cause for August 24, 2010, at 7:00 p.m. Carried 5 -0.
D. Discussion About the use of City Trails /Roadways for Golf Carts and
other Mobility Devices: Councilmember Runk reported that he was
approached by a resident of Boutwells Landing on the possibility of
allowing golf carts on the trails and roadways. Police Chief DeRosier
reported that the City does have the ability to allow those types of vehicles
on the roads. lie recommended that he prepare a proposal on the issues
related to that item for council.
Couneihnember Runk, seconded by Mayor I3eaudct, moved to allow staff
to review that item and provide a report back to the council at their August
24, 2010 meeting. Carried 5 -0.
Page 10 of 76
City Council Meeting Minutes
.Tune 22, 2010
Page 4 of 6
1 . Aldi, Inc. -- Preliminary & Final Plat, Desi -?n Guidelines Review and
Variance Request: City Planner Richards reviewed his planning report.
Ile stated that the Planning Commission requested a seating area in front
of the building, and that he requested the project engineer address that.
Mayer I3eaudet, seconded by Councilmember Runk, moved approval of
the Resolution.
Andy I3randel, consulting engineer for Aldi, provided samples of the
building materials. Ile reported that they were concerned about installing
a seating area in front of the building because of safety and congestion
issues. Ile stated they were not opposed to seating, but wanted to be sure
it was put in the appropriate space.
Mayor I3eaudet, seconded by Councilmembcr Swenson, inoved to amend
that the language, "subject to review and approval by City staff:" be added
to condition 14 of the Resolution. Carried 5 -0.
Ryan Sten-mons, director of real estate for Aldi, reported on the operation
hours fo ۥ the store.
Mayor I3eaudet, seconded by Councilinember Abrahamson, moved to
amend that applicant give tip the unused 115 feet of's €gnage space as part
of the variance approval. Carried 4 -1, Councihneznber Runk opposed.
On ma in motion, roll call vote taken. Carried 5 -0.
I . 201 Seal . Coat Proiect: Public Works Director Kegley requested approval
to enter into contracts for seal coating and crack scaling and painting. I le
reported the estimated total cost for the project would be $1 30,615 funded
by the seal coat fund in budgeted projects.
Mayor I3eaudet, seconded by C'ouncilmeznber Swenson, moved to approve
the Yublic Works Director's recommendation.
CounCil €ember Swenson reported that there was a serious problem with
the streetlights at 58`" Street and Neal Avenue. Public Works Director
Kegley reported he would look into it.
Mayor I3eaudet, seconded by CoUnciImcmber Abrahamson, moved to
amend to send an invoice to Stillwater "I for the little area west of
Krueger Lane that is in their community. Carried 5 -0.
Main motion carried 5 -0.
Page 11 of 76
City Council Meeting Minutes
June 22, 2010
Page 5 of 6
Councilmeniber McComber requested that if the intersection of Oakgreen
Avenue and 60' Street could not be incorporated into the contracts, that
the City send a letter to the Commissioner of Transportation.
Councilmember McCornber, seconded by Mayor Beaudet, moved to direct
staff to send a letter with photos to the Commissioner of Transportati oil oil
the section of Oakgreen Avenue that ownership is disputed expressing
disappointment that the road was not adequately repaired and requesting a
timely response. Carried 5 -0.
G. Discuss Possible Ordinance Related to "Social I lostin-):" Councilmcillber
Swenson, seconded by Councilmember Runk, moved to authorize staff to
go through with information - seeking and come back to the council with a
recommendation for a social hosting ordinance that could be adopted by
the City. Carried 5 -0. Mayor l3caudet stated staff could bring this back at
the August 24, 2010, City Council meeting.
1-1. Resolution in Sr. wort. of Stillwater Motors — Cadillac Site: Mayor
11u- iudet, seconded by Councilmember McCornber, moved to direct staff
to create a resolution in support of'Stillwater Motors being a Cadillac
dealership. Moll call vote taken. Carried 5 -0.
IX. Closed Session-
City Attorney l.id reported that pursuant to open mccting laws, the City Council
would adjourn into a closed meeting under Minnesota Statutes Section 13.4.05 for
the performance review and Minnesota Statutes Section 13.4.03 for labor
negotiation discussions. She reported that the meeting would be recorded, and
that the recording would be kept for a period of two years.
Councllnlember Abrahamson, seconded by Councilrnember McComber. moved
to recess the regular meeting and go into closed session. Carried 5 -0.
Councilmember McComber, seconded by Mayor Beaudet, moved to close the
closed meeting. Carried 5 -0.
Councilmember Abrahamson, seconded by Councili nember Swenson, moved to
reconvene open session. Carried 5 -0.
A. Annual Performance Review - City Administrator: Mayor Beaudet
reported that the City Council was happy with City Administrator
Johnson's work product and were looking forward to a long relationship
with him. Mayor Beaudet, seconded by Councilmember Abrahamson,
moved to allow the City Attorney to enter into discussion with the City
Administrator on extension of his contract. Carried 5 -0.
Page 12 of 76
City Cou1lcil Meeting; MiIILOC:S
,tune 22, 2010
Page 6 of 6
13, Labor Negotiations and Contracts: Mayor Beaudet reported that an update
was received and no action was taken.
X. A.diournment:
Councilmcmber McComber seconded by Councilmember Runk, moved to
adjourn at 8:4.5 p m.
Respectfully submitted, Approved as to Content and form,
Jennifer Pinski David 13caudet
Administrative Secretary / Deputy Clerk Mayor
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I � I i N
Oak Park Heights
Request for Council action
Meeting Date July 27, 2010
Agenda Item Aivrove Resolution Grantina the American Cancer Societv to Conduct a one -day
Raffle at the Stillwater Senior I-Iiah School on AuJ.Last 7, 2010 Time Required, 0 --
Agenda Placement _ -- Consent —
Originating Acliiivaist /Jennilea Pinski....,..__.
Requester's SignatL A�
Action Requested Approve
13ackgi'o«tid /Justification (Please indicate any previous action has been taken or if 'Hier
public bodies leave been advised).
See attached Resolution and Application.
Page 15 of 76
RESOLUTION 10 -07 -24
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION GRANTING THE APPLICATION OF
THE AMERICAN CANCER SOCIETY
TO CONDUCT A ONE -DAY RAFFLE AT THE
STILLWATER AREA IIIGII SCHOOL ON AUGUST 7, 20.10
WHEREAS, .Jon Carlson, on behalf of the American Cancer Society has applied
with the State of Minnesota Gambling Control Board for a permit to conduct a one - day
raffle on August 7, 2010, at the site of the Stillwater Area High School, 5701 Stillwater
Boulevard North; and
wnEREAS, the City of Oak 1 Heights has reviewed thc; application and finds
tha its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park I- (eights has solicited the input of the Public
and there have been no objections to the granting of the application for the raffle permit
as applied for by the American Cancer Society with the State; of Minnesota Gan�l3ling
Control Board.
NOW, 'I HEREFORE, BE IT RESOLVE]) BY 'rI1E CI'T'Y COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
'That the application of the American Cancer Society with the State of Minnesota
()ambling Control Board to conduct a one -day raffle on A ugust 7, 2010, at the site of the
Stillwater Area High School, 5701 Stillwater Boulevard North, within the City of Oak
Park Heights and the same are hereby approved with no wailing period.
Passed by the City Council of'Oak Park I leights this 27th day of July, 2010.
David Beaudet
ATTEST: Mayor
Eric A Johnson .._._._.
City Administrator
Page 16 of 76
Minnesota Lawful C ambli,, Page of _ 1� 1.
�� ; Appl cat on fee for each - event
L 2 Application - for Exempt Permit u !T .. rapp . iukcn postmarked or received:
An exempt permit may be issued is to nonprofit organization that: less than 30 clays more than 30 days
conducts lawful gambling on five or fewer days, and � l >efore the event before the event
awards less than $50,000 in prizes durAq a calealdar ye ar. $100 I $50
-- -- - - - - --
'ORGANIZA`CiON INFORMATION Check f}
Organization ilarne,~~.. .. �°_ d.e .�.�___�..�_._.�......_.�,.,..� PrcDvioUs gambling permit rIrrmber ...
Ay
Type of nonprofit organization. chec;lc one.
! 1= raternal ; Religious i Veterans Other nonprofit organizatiota
..... -
Mailing address City State Lip Code County
Name of chief execrative officer (C[ :O) ID iytinle 1) lone number Email address
Attach a copy of ONE of the following for proof of nonprofit status. Check one.
Do clot attach a sales tax exempt status or fecieral TD crlployrar numbers as they are not proof of nonprofit: status.
Nonprofit Articles of Incorporation OR a current Certificate of Good standing
Don't have a copy? Ths cerUfjoni, must be ohtailled eracll vear from:
Secretary of State, f:iusiness Services Div_ 180 State Office: E3u3ldinq. Sl, i' acrl, MN ,55 Phone: 6:: f -296 -2;;03
IRS income tax exemption [501(c)] letter in your 01'c3a11ization's mine;,
Don't have a copy? To ohtaira a copy of your federal in(,oale; tax exempt letter. have pan orcfa11izratio3l office3
contact the IRS at M /7- &24..5500.
1R 3 - Affiliate of national statewide, or international parent nonprofit organization (charter)
..._.... ..
If your organisation falls under a parent org anization, attach copies of both of the following:
ra. IRS letter showing your parent orgaalization is ra nonprofit 501(c) organization vvitll a group ruling, and
I:). the, charter or letter from your parerli organization recognizing your organisalion as a whordinate
I j IRS - proof previously submitted to Gambling [ onlrol Board
If you previously suhmitted proof of nonprofit status from the IRS, no rattncllment is required.
GAMBLING PREMISES INFORMATION
Narrae of premises vdiere gambling ac ivify +h ill he Conducted (for raffles list the, site where the dravvinl j vvilf take place)
Address (do not use PO box) City Z11) Coda CowAy
Dato(s) of activity (for raffles, inldic t #e fie dato of the dravvinc })
Check 1 , hox ar boxes that indicate the of c }aml) ling activity your organization will c',oncluct:
Bingo` I;affles Paddlewheels' Pull- Tabs` Tipboarris'
3 , -._}
Gambling ecftripment for pull -tabs, bingo paper, tiphnards, and r --- .. .... .. ............-- - - - - -
padd1CW11('0ls must I)(' Obtained from a dish kenscd by the Also complete
G ambling Control Board. E= XCE =PI IE7N: Bingo hard cards and hirlgo Page 2 of this form.;
_
nuillbC1 selection devices may be. borrovved from another organization
authorized to conduct bi�lgo. I Print Corm
To find a licensed dlstribul'or, go to 1N114V,Cfcb.State.l1an,ElS ally click on List Reset Form {
of Licensed Distributors, or (.full 651--6;9 - 21000. i
`` Page 17 of 76
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LG220 Application for Exempt Permit pancz^/z 1110
'---__---_
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
a dy oMciA niust check Me aclbn Wat the city ls cmny official numt check the nction that the county is takinq
talking on Us application and sign the applicat�(.)n. oil tNs apll and siorl the -,��plicafion
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opplkaioniodel ....... _Tke application is xenind.
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Page 18 m7n
� x -
Oak Park Heights
Request for Council, Action
Meeting Date July 27, 2010
Agenda Item Title Jor�zcnson Construction Inc. 13th Pavment for New Cit_v Mail
Proiect
Agenda Placement Consent
Originating Department/ Requestor Ii ina.nce -,Judy Holst:, Deputy Clcrk/ Fina.ncc
Director
Requester's Signature ,_ r �:� �_ `// �• i�
Action Requested Approve '13th pavment rccfuest to Jorfenson Construction Inc.
for the new Cit.v Hall Proiect
Background /Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
Sec attached memo and pay request.
Page 19 of 76
11111111 d11 J11,111i P " ' t ill 1 6,111 1, il
1
9 1 1 2
Memo
To-, Mayor and Council
From: Judy Holst, Deputy Clerk/Finance Director
Date: July 22, 2010
Re: New City Hall Project
Please accept for the July 27th Council meeting agenda the attached request
for payment to Jorgenson Construction Inc. in the amount of $157,859.00
for the Oak Park Heights City Hall project, The payment has been approved
by the architect, administration and reviewed by the Finance Department.
The project is 95% complete. '1'he Finance Department recommends
approval of this payment upon receipt of the lien waiver.
Thank. You
Page 20 of 76
® BU 'fOW AND ASSOC I I'ES [NG
AN ARCHITECTURAL. SEFIVICES COMPANY
2345 Rice Street Suite 210
St. Paul, Minnesota 55113
July 13, 2010
Oak Park He City Hall
Hale Park Heights, Minnesota
IIA #0822
EXI-IIBI'r A
EXPLANATION FOR AMOUNT CIII IIII D
APPLICATION AND CI'RTIFICA'I E FOR PAYMENT NUMBER THIRTEEN
"I'lie following clarifies the line item summary faun(] on the Jorgenson Colistruction
Application and Certificate for Payment Form:
l . CONTRACT SUM $6,358,500.00
2. Net.Cliat�e by_C.l�aiige Orders ___....._..._........___. _ ....... _
3. CONTRACT SUM TO DATE x;6,394,170.00
''`4. TOTAL COMPLETED & S'T'ORED TO DATE $6,090,667.00
*5. RETAINAGE (5 %): .$_ 304,533.00
`6. TOTAL EARNED LESS RETAINAGE $5,786,134.00
7. LESS PREVIOUS CTR'I'IFICATE_S FOR PAYM 275.00
'`8. CURRENT PAYMENT DUE $ 157,859.00
; BALANCE "1'0 FINISfI, INCLUDING R13TAINAGE $ 608,036.00
Line Item 40 Casework /solid surface /FRP -M: Reduced from $2,800.00 to
$0 (modified to reflect observed Value of Work completed).
® Line Item 84 Geothermal Ground Loop- Reduced from $86,033.00 to $65,000.00
(moclified to reflect observed Value of Work complue(l).
Tbus, Total Completed and Stored to Date (Line 4): $6,090,667.00 ($6,114,500.00 less
$23,833.00).
I3uetow and Associates received Application and Certificate for Payment Number
Thirteen oil July 7, 2010.
0 Changes to received Application and Certificate for Payment Number Thirteen)
tel 651 483 -6701 fax 651 483 -2574 www.buotowarchitects.com Page 21 of 76
APPLICATION AND CERTIFICATE FOR PAY14ENT {AIA DOCUMENT G702)
------------------------------------------------------------------------------°----------------------------------------------------------
CUST: CITY OF OAK PARK HEIGHTS JOB:OAK PARK HEIGHTS CITY BALL APPLICATION NO: 13 Page: 1
14168 OAK PARK BLVD NORTII 143.158 OAK PARK BLVD NORTH PERIOD ENDING : 06 /30/10
OAK PARK HEIGHTS, MN 55082
OA-K PARK HEIGIiTS, MN 55082
FROM: JORGENSON CONSTRUCTION INC. ARCI1ITECT:nUET0W & ASSOCIATES CONTRACT 140:
9255 EAST RIVER ROAD M4 2345 RICE STREET, SUITE 210 CONTRACT DATE: 04 /15/09
COON RAPIDS, MN 55433• -5722 ROSEVILLE i4N 55113
JOB DESCRIPTION: G214ERAL CONSTRUCTION OF CITY BALL
______ ---- -_______________________-___--_----,-.--"-"-"-----.__- ___---- _- ____- _______- _.".... -- --"--_-_---______-_------"_-_--______-_--__-----
CHANGE ORDERS
-------------------------------------------------- ------- !
( j ADDITIONS I DEDUCTIONS j ORIGINAL CONTRACT AMOUNT ............................. $ 6,35x,500.00
I I I TOTAL CrIANGrr ORDER AMOUNT ............................ $ 35,670.06
i PREVIOUS 'TOTAL i 43,482,00 1 12,035.00 1 TOTAL CONTRACT INCLUDING CHANGE ORDERS. ............ $ 6,394,170.00
-------------------------------------------------------
I
--CURRENT ----- I I i AMOUNT COMPLETED & STORED TO DATE .................... $ 6,114,500.00
----------------------- i RETAINAGE 5.008 OF WORK COMPLETED................ $ 305,725.00
I Number Date I 1 I 5.008 OF STORED 14ATLRIAL
COMPLETED TO DATE, LESS RETAINAGE....................- $ 5,806,775.00
I 6 06/10/10 I 4,223.00 1 I
I I i I PREVIOUS AMOUNT BILLED ........" ...................... $ 5,62.6,2
CURRENT AMOUNT DUE..." ...........................•... $ 1x0,5TiU.00
I 1 I BAI,AFICE TO FINISH, INCLUDIIG RETAINAGE ............... $.W 585,395.00
I I 1 I S�( G "�•�lD
I TOTALS TO DATE 1 47,'705.00 I 12,035.00 1
i ---- - - -- • --- -------------------- ---- - - - - - ------------ - I
NET AMOUNT 1 35,670.00 1
______--'^»___-.-- -----------------------------------.. _ ....----- °°_ - °__ ... _ . '" ------------------------------------------------w___w_»..-----
The undersigned Contractor certifies that to the best of State of: Minnesota County of: Anoka
tho Contractor's knowledge, information and hclief the Subscribed and sworn to before me this 7t h daY
Rork covered by the Application for Payment has been com•- of Jul -V_ 2010.
pleted in accordance with the Contract Documents, that all- x/
amounts have been paid by the Contractor for Wol;k for Notary Public: ('' ` . r `'� ��� ur�..�
which previous Certificates for Payment were issued and
payments received from the Owner, and that current payment My Commission expires: January 31, 2015
shown herein is now clue.
cox CTOR: ORGENSON CONSTRUCTION INC. t ' CYNTHIA M FURAN
NOTAW PUBLIC - MINNESOTA
RY ,LtS :t—`" DATE: 07/07/10 �` My Commission EXP&S Jan. 31, n15
ARCHITECT'S CERT FICATE FOR PAYM]C T AMOUNT CERT IFIEn ............................. $ l� r aqr d
In accordance with the Contract; Documents, based on on -site (Attach explanation if amount certified differs from the amount
observations and the data comprising the above application, applied for)
the Architect certifies to the Owner that to the best of the 4�'� �� LwC• �� ��
Architect's knowledge, information and belief the work bas ARCHITECT: bb —( Uai 3� K7 4 5'1 `(1' „s C) L�Y�
progressed as indicated, the quality of the work is in 2
accordance with the Contract Documents, and the Contractor BY:
is entitled to payment of the AMOUNT CERTIFIED. This Certificate is not nogotiable. The AMOUNT CERTIFIED is payable
only to the Contractor named herein. Issuance, payment and accep-
tance of payment are without prejudice to any rights of the Owner or
Contractor under this Contract.
Page 22 of 76
Job Number: 4770 OAK PARK llEIGHTS CITY ]TALL Applica Lion llo.: 13 Period From: 06 /01 /10 Page llumbor 2
Project v : Invoice Number 1GG30 Thru: 06/30/10
---------------. w - _ ------ "_ ------------------------ - --- ----....--- _.- - -__-- -__-----._--_-"------_-_---_-'---------------------------------'-
-- --WORK COMPLETED.-.. -- COMPLETED
ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER D)ISCRIPTION OF WORK VALUE APPLICATION PERIOD 14ATERIALS TO DATE 8 TO FINISH RETAINIGE
----- ---- -- -----------------------------------------
01 BOIiDS /INSURANCE /LICENSE /liPDES 68,000.00 68,000.00 .00 .00 68,000.00 100 .00 3,400,00
02 MOBILIZATION 5,000.00 5,000.00 .00 .00 5,000.00 100 .00 250.00
03 SURVEYING 10,500.00 6,580.00 1,920.00 .00 8,500.00 61 2,000.00 425.00
04 SUPERVISION 125,000.00 108,000.00 6,000.00 .00 114,000.00 91 11,000.00 5,700.00
05 CONSTRUCTION DUMPSTERS 18,000.00 16,000.00 750.00 .00 16,750.00 93 1,250.00 837,50
06 CONSTRUCTION CLEANUP 5,500.00 4,000.00 500.00 .00 4,500.00 92 1,000.00 225.00
07 FINAL CLEANING 6,500.00 6,500.00 .00 .00 6,500.00 100 .00 325.00
08 SAFETY 6,000.00 4,500.00 500.00 .00 5,000.00 83 1,000.00 250.00
09 CONSTRUCTION SIGNAGE 2,500.00 2,500.00 .00 .00 2,500.00 100 .00 125.00
10 CONSTRUCTION /MOB11,E PRONES 3,000,00 2,220.00 2(50.00 .00 2,480.00 83 520.00 124.00
11 CONSTRUCTION /STORAGE TRAILERS 4,500.00 3,360.00 350.00 100 3,710.00 82 '790.00 185.50
12 CONSTRUCTION TOILET 4,000.00 3,000.00 325.00 .00 3,325.00 83 675.00 166.25
13 CONSTRUC'T'ION FENCE 15,000.00 14,000.00 1,000.00 .00 15,000.00 100 .00 '750.00
14 '.POOLS /FASTENERS /EQUIPMENT 3,500.00 2,750.00 250.00 .00 3,000.00 86 500.00 150.00
15 RENTAL EQUIPI4CNT 5,000.00 4,250.00 250.00 .00 4,500.00 90 500.00 225.00
16 TEMPORARY ENCLOSURES 4,000.00 4,000.00 .00 ,00 4,000.00 100 .00 200.00
17 TEMPORARY ELEC'T'RIC 6,000.00 4,5'15.00 475.00 .00 5,050.00 84 950.00 252.50
18 TEMPORARY HEAT 38,000.00 38,000.00 .00 .00 38,000.00 100 .00 1,900.00
19 STREET CLEANING /SNOW REMOVAL 3,500.00 2,750.00 250.00 100 3,000.00 86 500.00 150,00
20 SELECTIVE DEMOLITION 3.5,000,00 12,500.00 2,500.00 .00 15,000.00 100 .00 750.00
21 SITE CLEAR /EXC /DRN'T`ILE /PROS ION 190,815.00 151,871,00 23,305.00 .00 175,176.00 92 15,639.00 9,'758.80
22 CONTROL /SITE UTIL, /AGG BASE .00 .00 .00 .oa .00 0 .00 .00
23 ASPHALT PAVING /STRIPE /Wli1, STOP 73,802.00 2,000.00 .00 .00 2,000.00 3 71,802.00 100.00
24 CURB G GUTTER 23,607.00 5,600.00 .00 .00 5,600.00 24 16,007.00 2.80.00
25 EXTERIOR SIGNS 2,701.00 .00 .00 .00 .00 0 2,701.00 .00
26 RETAINING WALL 47,225.00 47,225.00 .00 .00 47,22.5.00 1.00 .00 2,361.25
27 IRRIGATION 6,920.00 .00 .00 .00 .00 0 6,920.00 .00
28 LANDSCAPING 35,800.00 7,'770.00 .00 .00 7,770.00 22 28,030.00 388.50
29 PLASTIC FENCES /GATES 43,682.00 .00 .00 .00 .00 0 43,682.00 .00
30 CONCRETE /MASONRY REINFORCEMENT 36,023.00 36,023.00 .00 .00 36,023.00 100 .00 1,801.15
31 CONCRETE FOOTINGS 39,341.00 39,341.00 ,00 .00 39,341.00 100 100 1,967.05
32 CONCRETE FOUNDA'T'IONS 164,752.00 164,752.00 .00 .00 1.64,'752.00 1.00 .00 8,237.60
33 CONCRETE FLOORS /TOPPINGS 83,862.00 83,862.00 .00 .00 83,862.00 100 .00 4,193,10
34 CONCRETE - SITE 27,709.00 17,955.00 .00 .00 17,955.00 65 9,754.00 897.'15
35 PRECAST PLANK 105,520.00 105,520.00 .00 .00 105,520.00 100 .00 5
36 MASONRY /GLASS MASON /CAST S'T'ONE '747,13'1.00 707,111.00 30,588.00 .00 737,699.00 99 9,438.00 36,884.95
37 STEEL JOIST /OECKJMISC-14A'T'3aRIAL 178,750.00 177,750.00 .00 .00 177,750.00 99 1,000.00 0,887.50
38 STEEL JOIST /DECK /MISC- ERECTION 59,000.00 57,310.00 .00 00 .57,310,00 97 7_,690,00 2,865.50
39 ROUG11 CARPENTRY IS HEATH ING 55,000.00 53,000.00 .00 .00 53,000.00 96 2,000.00 2,650.00
40 CASEWORK /SOLID SURFACE /FRP -1•S 95,868.00 92,558.00 2,800.00 .00 95,968.00 99 500.00 4,768,40
41 CASEWORK /SOLID SURFACE /FRP-L 24,000.00 23,500.00 250.00 .00 23,750.00 99 250.00 1,187.50
42 FLUID APPLIED VAPOR BARRIER 23,340.00 23,340.00 AD .00 23,340.00 100 .00 1,167.00
43 WATERPROOFING 25,260.00 25,260.00 ,00 .00 25,260.00 100 .00 1,263.00
44 SPRAYED INSULATION 15,200,00 15,200.00 .00 ,00 15,200.00 100 100 760.00
45 METAL ROOF rAta£LS /NnzL. INSUL. 165,057.00 165,057.00 .00 .00 165,057.00 100 .00 8,252.85
4G BUILT -UP ROOF /SHEET 14TL FLASK 108,813.00 83,71'1.00 .00 .00 83,717.00 77 25,096.00 4,185.85
47 FIRESTOPPING 4,400.00 4,400.00 .00 .00 4,400.00 100 100 220.00
48 J0114T SEALANTS 15,100.00 14,522.00 .00 .00 14,522.00 96 5 726.10
49 B14 FRMS /DRS /WOOD DRS /HDW -M 113,750.00 113,750.00 .00 .00 113,750.00 100 .00 5,687,50
50 HM FRlfS /DRS /WOOD DRS /HDW -L 39,125.00 38,125.00 1,000.00 .00 39,125.00 100 .00 1,956.25
51 ACCESS DOORS & rM MS 1,000.00 1,000.00 .00 .00 1,000.00 100 .00 50.00
52 COILING WOOD DOOR 9,984.00 9,984.00 .00 .00 9,984.00 1.00 .00 499.20
53 SECTIONAL DOORS 23,218.00 23,218.00 .00 .00 23,218.00 100 .00 1,160.90
54 `1001) WINDOWS 59,500.00 59,500,00 .00 .00 59,500.00 100 .00 2,975.00
55 ALUM CRTNWALI, /WNDWS /SKYLTS /GLZ 284,466.00 284,466.00 .00 .00 284,466.00 100 .00 14,223.30
5G AU'T'O DOOR OPERATORS 3,345.00 3,345.00 .00 .00 3,345.00 100 PaqV23 of767.25
Job Number: 4770 OAK PARK HEIGHTS CITY HALL Application No.: 13 Period Frown: 06101110 Page Number 3
Project 11 : Invoice Number. : 16630 Thru: 06/30/10
----------------------------------------------------------------------------- -------------------------- ---- --------- ----- ------- --- - --
--- -WORK COMPLETED • - - -- C014PLETED
IT04 SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE 9 1 TO FINISH RETAINAGE
---------------------------------------------------------------------°_--..----__-.--------------_-_-_ ___------ -- _---- _- --------- - - --
57 GYPSUM DRYWALL /PLASTERING 177,537.00 177,537.00 .00 .00 177,537.00 100 .00 8,876.85
58 CERAMIC TILE 16,200.00 16,200.00 .00 100 16,200.00 100 .00 010.00
59 ACOUSTICAL & T+IOCD CEILINGS 52,670.00 52,670.00 .00 .00 52,670.00 100 • 00 2,633.50
60 RESILIENT FLOORING /CARPET 77,995.00 77,995.00 .00 .00 77,995.00 100 .00 3,899.75
61 PAINTING /STAINING /WALLCOVERING 66,250.00 62,250.00 .00 .00 62,250.00 94 4,000.00 3,112.50
62 FABRIC WRAPPED PANELS 7,665.00 7,665.00 .00 .00 7,665.00 100 .00 383.25
63 VISUAL DISPLAY SURFACES 7,000.00 7,000.00 .00 .00 7,000.00 100 .00 350.00
64 SIGNAGE 6,162.00 G,162.00 .00 .00 6,162.00 100 .00 308.10
65 TOILET COMPARTMENTS 2,831.00 2,831.00 .00 .00 2,831.00 100 .00 141.55
66 KALL /CORIFER GUARDS 1,000.00 1,000.00 .00 .00 1,000.00 100 .00 50.04
67 TOILET ACCESSORIES 10,517.00 10,517.00 .00 100 10,517.00 100 .00 525,85
60 F'ERE EXTINGUISHERS 3,704.00 3,704.00 .00 .00 3,704,00 100 .00 165.20
69 14ETAL LOCKERS 2,850.00 2,850.00 .00 .00 2,850.00 100 .00 142.50
'10 POSTAL SPECIALTIES 1,214.00 1,214.00 .00 100 1,214.00 100 .00 60,70
71 STORAGE ASSFI4BLIES 18,066.00 18,066.00 .00 .00 18,066.00 1.00 .00 903.30
72 EXTERIOR 5017 CONTROL DEVICES 12,500.00 12,500.00 .00 .00 12,500.00 100 .00 625.00
73 CANOPIES 12,500.00 10,500,00 .00 .00 10,500.00 84 2,000.00 525.00
74 FLAGPOLES 2,200.00 2,200.00 .00 .00 2,200.00 100 .00 110.00
75 PROJEC'T'ION SCREENS 2,815.00 2,815.00 .00 .00 2,015.00 100 .00 140.75
76 DETENTION EQUIPMENT 26,667.00 26,667,00 .00 .00 26,66'1.00 100 .00 1,333.35
'7'1 EXHSBI'T EQUIPMENT 6,000.00 3,000.00 3,000.00 .00 6,000.00 100 .00 300.00
78 WALL & CORNER PADS 5,885.00 5,885.00 .00 .00 5,885.00 100 .00 294.25
'79 IIORI'LONTAL LOUVER BLINDS 4,000.00 4,000.00 .00 .00 4,000.00 100 ,00 200.00
80 ENTRANCE FLOOIi CRILLES 3,850.00 3,050.00 .00 .00 3,850.00 100 .00 192.50
81 11YDRAULIC ELEVATORS 54,899.00 54,899.00 .00 100 54,899.00 100 .00 2,744.95
82 MECHANICAL- -PLUMIBING & PIPING 603,000.00 592,994.00 . 7,580.00 .00 600,574.00 100 2,426.00 30,028,70
83 MECHANICAL- HVAC -TEt4P CONTROLS 405,000.00 401,491.00 J, 500.00 .00 403,991.00 100 1,009.00 20,199.55
84 GEOTIIERMAI, GROUND LOOP 165,500.00 99,46`1,00 86,033.00 .00 185,500.00 100 .00 9,275.00
85 FIRE PROTEC'T'ION 56,532.00 56,532.00 .00 .00 56,532.00 100 .00 2,826.60
86 ELECTRICAT,- GENERAL CONDITIONS '12,000.00 72,000,00 .00 .00 72,000.00 100 .00 3,600.00
87 ELECTRICAL - FIXTURES & LAMPS 255,000.00 249,000.00 2,000.00 .00 251,000.00 98 4,000.00 12,550.00
88 PLECTRICAL -GEAR & FUSES 7'1,000.00 77,000.00 • 00 .00 77,000.00 100 100 3,850.00
09 ELECTRICAL- EMERGENCY GENERATOR 87,300.00 87,300.00 .00 .00 8'1,300.00 100 .00 4,365.00
90 ELECTRICAL-BRANCII CIRCUITS 358,860.00 354,860.00 4,000.00 .00 358,860.00 100 .00 17,943.00
91 ELECTRICAL-LIGI7TNIN0 PROTECT. 10,000.00 10,000.00 .00 .00 10,000.00 100 .00 500.00
92 LOW VOLTAGE 1 11,000.00 170,000.00 1,000.00 .00 171,000.00 100 100 8,550.00
93 PROFIT /OVERHEAD 212,759.00 197,905.00 6,391.00 .00 204,296.00 96 0,463.00 10,214.80
CO 111 MISC. CIIAIIGES 3'7,435.00 37,435.00 .00 •00 37,435.00 100 .00 1,671.75
CO 712 MISC. CHANGES .00 .00 .00 .00 .00 100 .00 .00
CO 43 MISC. CHANGES 12,035.00° 12,035.00- .00 .00 12,035.00- 100 .00 601,75 -
CO 114 MISC. CIIA14GES 224.00 224,00 .00 .00 224.00 100 .00 11.20
CO 715 MISC. CHANGES 5,023,00 5,823.00 .00 100 5,823.00 100 .00 291.15
CO 116 MISC. CHANGES 4,223.00 .00 4,223.00 •00 4,223.00 100 .00 211.15
J o b T o t a l s 6394170.00 5924500.00 190,000.00 .00 6114500.00 96 279,670.00 305725.00
Page 24 of 76
~�
�
���
~°*^"� Park Heights
Request for Council Action
Meeting DDte_____�n�'� ill _2010___.______________
TiDloReq<zinSd. ---_�i Minute
Agenda Item Title- Approve Contract Amendments Ity ainistrator
Reqyester's Signature:
Action Reclu.ested See. Bel
BmkvrouDd/Justiflutti02 (Please irj.dicate if any previous action has been taken or if
other ))o{)fiC bodies have advised
AotionRoqvoxiod:
Authorize. the following nonondmontr(see itoma below) to the Ci Ad/uimistodur°moonnrd contract and
atithorize the Mayor and the City Attorney to finalize any negotiations and cxccute the Contract,
). Aon*/uj Contract Dates: 8ffectiveAuguot l,2O}0thr 12/31/2013.
3. 8linoioo1o]% wage increase for 28}/ mc previously negotiated mo that the 2011 iooceuoowba|] be
O%' 2Ol2 shall have a l.0% increase; 2O\3 ubuU be 3,0% iocr*uyo.
3, looed oluriQuu1ioo that the 8oup|ayoo`m cost Sharing percentages oo be4|{h care pnomiuxum
consistent with the Supervisor's i.uhor /\Breomuoot.
4. Increase vacation day% from 20 to 25 days, consistent with Supervisor's Agrocmeiit and allow
F'mpioy*eto exceed the 40 day vacation banking limit by8Ohours.
5. Revise Severance Pay from 4.5 months to 5 months Dot pay and which is only payable if*
Employee ix terminated "without cum;c"
6. Insert olucifiou]ioosthat if terminated for uxuso, only accrued vacation benefits shall hn paid tothe
cnuy|nyoe, not sick |ouvu.
7. Insert language that if the Employee dies while employed with the City, unused accrued benefits
pko|| be paid to the 5noy}oyco"o beneficiary; this io consistent with the Supervisor's /\gcueu\eoL
Page ono,7o
This Page Is Left Intentionally Blank.
Page 26 of 76
.r.:
w,
Oak Park Heights SYCLO W
Request for Council Action
Meeting Date Julv 27, 2010 Time Required: 5 Minutes
Agenda Item Title: Reschedule August 10, 2010 Budfzet Workshop
Agenda Placement Old Business
Originating Department /Requester Finance -.ludo Hoist, Demuty Clerk /Finance Director
Requester 's Signature r... {
Action Requested Reschedule Aualust 10, 2010 Budact Workshop
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
At the .tune 22, 2010 Council meeting, a budget workshop was scheduled '('or August 10, 2010 and
August 24, 2010 from 5:30 pm to 7:30 pm. The Primary Election is August 10` therelore we cannot
hold the workshop on that day.
Please reschedule the August 10` workshop Ior another time in August.
Page 27 of 76
This Page Is Left Intentionally Blank.
�1N
i..
I
i
3
I
Page 28 of 76
i
Oak Park Heights
Request f ®r Council Action
Meeting Date
"Ilme Require&
Agenda Item Title--,.- Social Host Ordinance
Originating Dep Mark Swenson . ...... ..... ....
Recittester's signature . ..... . .... ..... . . . ...... . ....... .... ------- ---
Action Reqiiested See Belgw
Background/Justification (Please indicate if any previous action has beentalken or if
other public bodies have advised),
This iiern was re
,k , rred lo,,S'taff'on.Jane 22, .DOJO and is now lacing brought bock with full report
fir Council consideration and possible action. See the attached documenifirom Cbie
. fffilan
DeRosier.
Page 29 of 76
POLICE [DEPARTMENT
CITY OF OAK PARK HEIGHTS
d�pnV i A
14168 Oak Park Blvd, N. ® P.O, Box 2007 Brian DeRosier
Oak Park Heights, Minnesota 55082 Chief of Police
Telephone: (651) 439 -4723
Fax: (651) 439 -3639
Emergency: 911
To: Oak Park Heights Mayor and City Council
From: Chief Brian DeRosier
Date: July 8th, 2010
Subject: Social Host Ordinance
In September, 2047 the city of Chaska, MN became the first municipality in Minnesota to pass a social
host ordinance (SHO). Social host ordinances allow law enforcement to criminally cite any person who
"hosts" a social event where underage drinking is present. Since 2007, several other municipalities and
counties have responded with their own SHOs. I have identified at least 14 cities and one county in the
seven county Minneapolis -St. Paul metropolitan area that have implemented SHOs since 2007.
The ordinance is another tool to the deterrent and enforcement of under 21 consumption of alcohol. The
City of Oak Park Heights has not had a significant problem with the hosting of underage parties in the
past; however we do respond to them numerous times during a year. These parties consume a large
amount of time on the part of officers at the scene to investigate and ensure the safety of the participants
and the neighborhood. This ordinance would provide officers with a tool for enforcement of problem
residences or hosts. The Oak Park Heights Police Department is active in the prevention and
enforcement of under 21 persons obtaining and using alcohol and this ordinance in place could assist
with deterrence as well. Deterrence and awareness of the ordinance can be created by the use of a
printed flyer distributed at city functions, displayed at participating licensed intoxicating liquor retailers,
posting on city web site, inclusion in city newsletter, distribution at alcohol awareness functions at the
SWANS, or other avenues.
THE PROBLEM
Minnesota already makes it illegal for a person under the age of 21 to possess or consume alcoholic
beverages (MS Chapter 340A). Additionally, it is a gross misdemeanor for any person to furnish alcohol
to another person under the age of 21, with certain exceptions such as a parent to child while at their own
residence. We already know that drinking is a serious problem in the United States for all ages. It
contributes to developmental issues, health problems, injuries and fatalities due to driving while
intoxicated, assaults, rape, property damage, disturbing the peace, and many other things. Not only does
it represent a health problem for the offenders, but it also represents a clear and present danger to other
innocent motorists on the roadways when offenders chose to drive, and a significant drain on the medical
system for treatment of alcoholism and intoxication.
Frequently, the police will be dispatched to the same party several times over the course of an evening or
to a repeated address over a calendar period. This can represent a significant use of personnel and
resources to fully process a scene and investigate to determine who has been furnishing the alcohol.
Typically, it is very difficult to determine who furnished the alcohol with enough certainty to reach the level
of which is required to actually arrest and prosecute someone. This presents a problem when trying to
deter the occurrence of loud and disruptive underage parties.
Page 30 of 76
Besides the over - utilization of police resources, underage parties also significantly impact the peace and
serenity of neighborhoods. After all, typically, the complainant in an underage party call is a neighbor (or
neighbors) who can't get to sleep. An answer to these problems appears to be the social host ordinance.
The SHO will make it much easier for the Oak Park Heights Police Department to prosecute those who
host underage parties which will in turn have a deterrent effect on underage parties. The use of a SHO is
a tool to be used with or as needed when other charges cannot be supported.
OTHER MUNICIPALITIES/COUNTIES WITH SOCIAL HOST ORDINANCES
St. Paul
Chaska
Lakeville
Rosemount
Prior Lake
Minnetonka
Apple Valley
C rystal
Roseville
South St. Paul
Jordan
Ramsey
Scott County
Cottage Grove
RESEARCHING LOCAL. ORDINANCES
As mentioned, there are currently at least 14 local governments in the metropolitan area that have SHOs.
in place. I was able to review several of these ordinances. They were virtually identical except for some
small wording changes from city to city.
BASIC WORDING OF A SOCIAL HOST ORDINANCE
Most SHOs share the same basic language:
® The social host knows or reasonably should know that alcohol is being possessed or consumed
by underage persons at their residence or premises or at any event they are hosting on public or
private property.
® The social host fails to take reasonable steps to prevent possession or consumption by the
underage person or persons.
ADDRESSING CONCERNS OF CRITICS
A criticism lodged against SHOs is the fear that completely innocent persons (such as parents or
landlords) may be criminally liable under the ordinance for underage parties that they had no knowledge
of. This is not true. As the basic wording above states, the suspect must know or reasonably know that
alcohol is being possessed or consumed by underage persons. This means that parents who are
vacationing, for instance (and have no idea that their high school age son is hosting an underage party),
will not be cited under this ordinance. The son may be cited. The only way they could be charged is if it
can be proven that they knew or should have reasonably known that their underage son was allowing an
underage party.
Page 31 of 76
Social Host Ordinance
Attached is a copy of a SHO. This is a model ordinance presented by the MN Attorney
General's office with changes to conform to our city numbering. This ordinance model is
virtually identical to others I reviewed. The consistency of ordinances will add to the validity and
understanding of the ordinance by the courts and public.
Public Education
I have also attached a sample flyer to place at retail liquor establishments, display 1 provide at
City Hall, and display 1 hand out at various public outreach events we conduct. I have
contacted WC Public Health and there may be some funding available to help offset the costs
involved in printing of these flyers and posters. No commitment can be made unless an
ordinance is passed and dependant on the budgetary timing.
Page 32 of 76
ORDINANCE NO. 1205
SOCIAL HOST ORDINANCE
This ordinance prohibits, and establishes penalties for, any person hosting an event or
gathering where alcohol is present and being possessed or consumed by persons under twenty -
one (21) years of age.
The City Council of the City of Oak Park Heights, Washington County, Minnesota, Does Ordain:
1205.01. Purpose and Findings. The Oak Park Heights City Council intends to discourage
underage possession and consumption of alcohol, even if done within the confines of a private
residence, and intends to hold persons criminally responsible who host events or gatherings
where persons under 21 years of age possess or consume alcohol regardless of whether the
person hosting the event or gathering supplied the alcohol. The Oak Park Heights City Council
finds that:
(a) Events and gatherings held on private or public properly where alcohol is possessed
or consumed by persons under the age of twenty -one are harmful to those persons
and constitute a potential threat to public health requiring prevention or abatement.
(b) Prohibiting underage consumption acts to protect underage persons, as well as the
general public, from injuries related to alcohol consumption, such as alcohol
overdose or alcohol- related traffic collisions.
(c) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects
on those who use it as well as those who are affected by the actions of an
irresponsible user.
(d) Often, events or gatherings involving underage possession and consumption occur
outside the presence of parents. However, there are times when the parent(s) is /are
present and, condone the activity, and in same circumstances provide the alcohol.
(e) Even though giving or furnishing alcohol to an underage person is a crime, it is
difficult to prove, and an ordinance is necessary to help further combat underage
consumption.
(f) A deterrent effect will be created by holding a person criminally responsible for
hosting an event or gathering where underage possession or consumption occurs.
1205.02. Definitions. For purposes of this ordinance, the following terms have the following
meanings:
(a) Alcohol. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and
mixtures thereof from whatever source or by whatever process produced.
(b) Alcoholic beverage. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer,
and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which
contains one -half of one percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or combined with other
substances.
Page 33 of 76
(c) Event or gathering. "Event or gathering" means any group of three or more persons
who have assembled or gathered together for a social occasion or other activity.
(d) Host. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or
permit a gathering or event.
(e) Parent. "Parent" means any person having legal custody of a juvenile:
(1) As natural, adoptive parent, or step - parent;
(2) As a legal guardian; or
(3) As a person to whom legal custody has been given by order of the court.
(f) Person. "Person" means any individual, partnership, co- partnership, corporation, or
any association of one or more individuals.
(g) Residence or Premises. `Residence" or "premises" means any home, yard, farm,
field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a
hall or meeting room, park or any other place of assembly, public or private, whether
occupied on a temporary or permanent basis, whether occupied as a dwelling or
specifically for a party or other social function, and whether owned, leased, rented,
or used with or without permission or compensation.
(h) Underage Person. "Underage person" is any individual under twenty -one (21) years
of age.
1205.03. prohibited Acts.
(a) It is unlawful for any person(s) to:
(1) host or allow an event or gathering;
(2) at any residence, premises, or any other private or public property;
(3) where alcohol or alcoholic beverages are present;
(4) when the person knows or reasonably should know that an underage person
will or does;
(i) consume any alcohol or alcoholic beverage; or
(ii) possess any alcohol or alcoholic beverage with the intent to consume it; and
(5) the person fails to take reasonable steps to prevent possession or consumption
by the underage person(s)
(b) A person is criminally responsible for violating Subdivision 4(a) above if the person
intentionally aids, advises, hires, counsels, allows, or conspires with or otherwise
procures another to commit the prohibited act.
(c) A person who hosts an event or gathering does not have to be present at the event
or gathering to be criminally responsible.
1205.04 Exceptions.
(a) This ordinance does not apply to conduct solely between an underage person and
his or her parents while present in the parent's household.
(b) This ordinance does not apply to legally protected religious observances.
(c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor
licensees, municipal liquor stores, or bottle club permit holders who are regulated by
Minn. Stat. §340A.503 Subd. 1 (a) (1).
Page 34 of 76
(c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor
licensees, municipal liquor stores, or bottle club permit holders who are regulated by
Minn. Stat. §340A503 Subd, 1 (a) (1).
(d) This ordinance does not apply to situations where underage persons are lawfully in
possession of alcohol or alcoholic beverages during the course and scope of
employment.
1205.05. Enforcement. This ordinance can be enforced by any police officer of the City of
Oak Park Heights, State Patrol Officer, or Sheriff's Deputy of Washington County.
1205.05. Severability. If any section, subsection, sentence, clause, phrase, word, or other
portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in
whole, or in part, by any court of competent jurisdiction, such portion shall be
deemed severable, and such unconstitutionality or invalidity shall not affect the
validity of the remaining portions of this law, which remaining portions shall
continue in full force and effect.
1205.07. Penalty. Violation of Subdivision 4 is a misdemeanor.
1 20 5.08. Effective Bate, This ordinance shall take effect thirty (30) days following its final
passage and adoption.
Page 35 of 76
Why Is Underage himortant Televfione Nistnbers
Drinking a Problem? a :? rntaulunce. Fire, Police € mergency 9 -1 -i
s %4N \Mothers A,ainst Drunk Driving 800 - ITS -MADD �? Ky t •
o 'rational Addiction Assistance I leWine 8()0- 559 -9503
a National research shows ® �i 2 ` Nr o
Alcoho. cs:lnvn�,nous 800 -_45 -1377
that 57% of persons under j
a AI -Anon; 1; Al TcCr IZCSOUFCC Svcs. 05
21 reported e Crisis Connection 612 -379 -6363° 1
i
13ridoes to Safe 651- 266 -9901 a
drinking at friends' homes. \SIN Domestic Violence Crisis I lotline 866-223-1111
)antes& V Io1c3gCe Hotline 800- 799 -SAFE '
® Underage drinking Is a factor in nearly half of Nar -Anon Families & friends 800 -484 -738
all teen automobile crashes and 50% - 65% of narcotics Anonvmous 1-Ielpline 952
\atiorall[vpeiine - tietwork -- 800- SUICIDE
youth suicides. 2 Alcohol abuse is linked to as Suicide Prevention Hotline
many as two thirds of all sexual assaults and National Runa Switchboard 800- RUNAWAY
date rapes Of teens and College students. ' \at iar7ai Youth Crisis 11odine 800 -44,S -=€663 o O ak Park H
3 Parents Anonymous, ''artily Helpline 500- 8=13 -5437
W Poison (antral Center 800- 222 -1222
® Research shows people w ho begin drinking a Rope Crisis llotiinc 800 -656 41DPE
alcohol as adolescents are more likely to a Rape & Sexual Abuse Center hotline 612 - 825 -4357
become chemically dependent. 9 Sexual Violence Center 612 -874 -5111
"Wiled way Conlm Resource hotline 2 -1 -1
* Underage drinking parties pose a high risk to
young people because of the number of
® l3innesota MADD %1' it'll'. n3 ad drnn. o r °,
drinkers involved and the large quantities of ®11�ro ca;npaigri itl�lt .1}c:ocni;tnai�,,.or
alcohol consumed. These parties Often result Parcnt helplinc & Support www.1inkun- narrnt5.c0111
in alcohol poisoning. traffic crashes, property a Parents ---The Anti - Drug www.theantidru2.com
damage, sexual assault, and other crimes and ® Nationai institute: on Druo Abuse www.nida.nih.2ov
® Alcoholics Anonymous
Violence. vet iv, ticohvlies unonvn7aus.or,
0 Al -Anon / Al 'Keen Resource Services
�vivtt . A l -:1n on -A I at ecn- €nsn.o r�
a Narcotics A7)onvrrous ltww.nam ill ncsota.orc
a ForTeena2ers ivwtt.abovcth�intltrcnce.cont
Contact the 0 lk Pnrk Heights Police
Dep.3rtment at 911 to report parties or
gatherings where minors have access to alcohol.
; Substance Abuse and Mental Health :Services Your call may prevent..,
Administration, Office of, Ipplied Slrrdies, 2008; rVulional
Cenlcr on Addiction and Substance Abuse, 2002: and � 'rotor vehicle crashes
- 4merican Medical Association, Office oJ'Al cohol/Dru;
- ® Sexual assault
, -base, 2001. Unintentional injuries
Nationall,tstitule oi?Alcohollsm anc/Alcohol Abase. Alcohol poisoning
Atrrerican Medical Association, Offrce of.4lcoho11Drug
Abuse, 2001.
What is The Social Host Ordinance? 5. Be courteous to your neighbors and Why Is There A Need For This Ordinance?
The Social Host Ordinance would hold keep the party noise down.
individuals (social hosts) criminally responsible d. Refuse entrance to uninvited ® This law was enacted to prevent underage
for hosting or allowing an event or gathering on guests, especially the ones who drinking parties and hold the hosts of such o
private or public property where persons under 21 arrive at the door with alcohol or parties accountable since many youth obtain
years of age consume alcohol, regardless of who are already intoxicated. alcohol through social sources such as older a
supplied the alcohol. 7. Call the Police for assistance with friends, siblings, parents and /or strangers.
uninvited guests. ® It is worded carefully to target chronic
This ordinance applies to situations in which. offenders whose guests' behavior disturbs
• The social host knows or reasonably 'What Is The Penalty For Violating This their neighbors, damages property, over -
should know that alcohol is being Ordinance? utilizes public safety resources anal /or
consumed by persons under 21 years of A violation of this ordinance is a jeopardizes their own or others' safety.
age misdemeanor. subject to a maximum
• The social host fails to prevent penalty of 90 days in jail and /or a $ 1000 Will I Be Held Viable If I Ain Away For The
consumption by the underage person(s) at fine. Weekend And My Kids Have A Party At My
any event that s/he is hosting on public or Home?
private property. Are There Any Exceptions?
The ordinance does not apply to... ® No. If you did not know about the party,
Under this ordinance, the social host does not o Conduct solely between an underage person event, or gathering.
have to be present at the party, event or gathering and his /her parents in the parents'
to be criminall y p household. Yes. If you knew about the party or had
� responsible.
® Legally protected religious observances.
�- reason to know that underage drinking
What Is An "Event or Gathering?„ ®Facilities otherwise licensed (bars, liquor was occurring and did nothing to prevent
)
etc
An "event or gathering" means a group of persons stores, Cie.)
e Situations where underage persons are
who have assembled on private property or in a lavvfully in possession of alcohol during the
public place for a social occasion or social course of e � ploy a ent. If My Housemat Hosts a Party in Our
activity. ® Law enforcement activities supervised by a Apartment While I Am Away, Can I Still Be
law enforcement agency. Held Criminally Liable?
What Steps Should You `fake To Be A e Landlord, inortgagee, college, university, Maybe. It depends on what knowledge you have
Responsible Social Host? hotelhnotcl owner and operator who has not about the party and what actions, if any, you
The steps you take to protect your guests, yourself actually participated in hosting or allowin, took to prevent it.
and others will reduce your exposure to alcohol- the party v here alcohol is present.
related liability. If you are hosting a party where Can I Be Held Diable if my Tenant Has an
persons under 21 years of age are present, you Isn't Ender'age Drinking Already Underage Drinking Party on My Property?
should... Illegal? Maybe. It depends on whether or not you
1. Verify the age of guests. Yes. Minnesota law prohibits minors actually participated in hosting or allowing the
2. Control access to alcohol. under age 21 from purchasing, possessing party where alcohol was present.
3. Control the quantity of alcohol. or consuming alcohol. It also prohibits
4. Supervise persons under 21 years of age. adults from furnishing alcohol to minors.
This Page Is Left Intentionally Blank.
lq
3
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Page 38 of 76
i
i
Oak Perk Heights
Request for Council Actio
Mcet:ing bate _ ftily - Z 201
Time Required: 10 M - - - - _-
Agenda 1ten - i Title. � # White Castle - Planned Unit DevdlKIient (1 ?Qf?�C�eneral_Pl.an
A rcjval, Conditional Use Permit, Site Plan artd . L��s�ta t��a r€�s . ,Rev_iew.
(��Stree;t_North between Norwich and N Avenue North.
Agcnda Placement ._._._,Ncw_Busine �.
i d
Originating De arlmcnt/Req �c�� , /l? i� �c3����s����� �,�cy 1��i������tra�c��T ------ - ------
...._._
Rcc uest.e;r's Signature � � . -
Action Re; sec Below
llackgi tii - i(l /.Iustificat:iaii (Please indicate W any previous action has been taken or ifothey public:,
bodies have advised):
Please see the following from Planner Scott Richards:
1. Planner's Report for .Italy 8 " ", 20W,
2. final Planniflg Commission Recommendation (unsigned)
I Proposed City Council Resolution.
Page 39 of 76
TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763-427,0520
TPC@Plai
PLANNING REPORT
TO Eric Johnson
FROM: Scott Richards
DATE: July 8, 2010
RE: Oak Park Heights — White Castle — 60 Street North between
Norwich and Novak Avenue North
TPC FILE: 236.02 — 10.02
BACKGROUND
White Castle has made application to locate a restaurant in Oak Park Heights at 5950
Norwich Avenue forth. The application includes requests for Planned Unit
Development (PUD) General Plan Approval, Conditional Use Permit, Site Plan and
Design Standards Review, A General Plan, PUD approval is required in that the CSM
development that included the Lowe's and other retail was completed by the PUD
process.
The site is 39,542 square feet in size and has been previously platted as part of the
CSM development. The site is zoned B -4, Limited Business District in which
restaurants are a permitted use. The drive thru and convenience food establishments
are allowed through a conditional use.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Site Plan (Sheet 1)
Exhibit 2: Landscape Plan (Sheet 2)
Exhibit 3: Drainage Area Map (Sheet 3)
Exhibit 4: Existing Conditions Survey
Exhibit 5: Lighting Plans
Exhibit 6: Site Detail Sheet
Exhibit 7: Refuse /Recycle Enclosure Plan
Exhibit 8: Architectural Elevations (A -3.0)
Page 40 of 76
Exhibit 9: Equipment Plan and Interior Layout (EQ1)
Exhibit 10: Color Elevations
Exhibit 11: Light Specifications
Exhibit 12: Photographs of Existing White Castles
Exhibit 13: Wall Sign Details
Exhibit 14: Report of City Arborist
PROJECT DESCRIPTION
The proposed White Castle is to be located just west of the Bremer Bank on 60 Street
North. It is a one story building approximately 2,500 square feet in size. Access is
from Norwich and Novak Avenue North via a connecting private roadway. The White
Castle is interconnected with the commercial center to the west. Traffic flow through the
White Castle will be one way with diagonal parking. The drive through order board and
pick up window will be on the east facade.
The proposed building will be an off white color with a cream color base. Blue and
white stripped awnings are proposed above the doors and windows. The section of the
report that discusses the Design Guidelines will go into more detail regarding the
building materials and colors. The applicants have proposed two wall signs and no
freestanding monument. No sign variance is required as part of this development
request.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map. The White Castle restaurant will be consistent with this land use
designation.
Zoning. The property is zoned B -4 Limited Business District. Restaurants are a
permitted use, but drive through and convenience food establishments are a listed
conditional use. A review of the criteria for this project is as follows. The District
requires a 40 foot front yard setback, 10 foot side yard setback and 20 foot rear yard
setback. The building meets or exceeds these requirements. The building height
maximum in the B -4 District is 35 feet. At its highest point, the building will be 22 feet, 8
inches.
Section 401.301.E of the Zoning Ordinance lists criteria for review of drive through and
convenience food establishments. All of the issues raised in those criteria have been
addressed in this report. The one item that should be reviewed carefully by the
Planning Commission is the first critera that specifies compliance with the Design
Guidelines.
Subdivision. The property has been platted as Lot 5, Block 1, Oak Park Commons.
No other subdivision review is required.
Page 41 of 76
Access. As indicated, the site will be accessed by the existing private road that
connects Norwich and Novak Avenue North. The roadway has been paved and
completed with curb and gutter.
Parking. Section 401.15.F.9 of the Zoning Ordinance requires one off street parking
stall for each 35 square feet of gross floor area or service and dining area and one
space for each 80 square feet of kitchen and storage area. Additionally, two spaces are
required for the drive - through and 180 feet of drive aisle stacking space must be
included, The parking calculation for this site is as follows;
925 sq ft (seating /service) x.9 = 832 135 = 24 spaces
1500 sq ft (kitchen /storage) x.9 = 1350180 = 17 spaces
2 drive through spaces = 2 spaces
Total 43 spaces
The site plan indicates that there are 43 parking stalls planned for the development, two
of which are disability accessible. The layout as designed will meet the required
number of parking stalls and disability accessible stalls.
The parking spaces are 9 foot diagonal stalls with 18 foot driveway aisles in compliance
with the Zoning Ordinance. The parking area will be completely surrounded by curb
and gutter. All of the parking areas are setback from the property lines in accordance
with the Planned Unit Development approvals. There will be landscaped areas at the
front and rear of the building as well as surrounding the parking lot.
Loading areas /Trash Enclosure Location. The loading access to the building will be
from the parking lot and deliveries are made at the rear of the structure. The
representatives of White Castle have indicated that deliveries are made at off peak
hours so as not to disrupt traffic flow within the site. The trash enclosure is located at
the rear of the building and is constructed of the same materials as the main structure.
Grading/Drainage/Utilities. Grading, drainage and utility plans have been provided by
the applicant. The City Engineer will provide a separate report on engineering issues.
The grading, drainage and utility plans shall be subject to review and approval of the
City Engineer.
The applicant has been requested to install a conduit along 60 Street to allow for future
placement of underground power lines that currently exist along this right of way.
3
Page 42 of 76
Lighting Plans.
Fixtures. The lighting plan indicated a shoe box style, full cut off light fixture mounted
on a pole and base with a total height of 24 feet in compliance with the lighting
requirements. All of the parking lot fixtures are adequately setback from property lines.
The plans indicate the locations of the full cut off wall mounted fixtures. Both of these
fixtures are consistent with Zoning requirements. As part of design review the Planning
Commission may want to comment on the color of the wall mounted fixture.
Photometrics. The lighting plan is in compliance with Zoning requirements for lighting
intensity except for an area on the northeast side of the property. The fixture in that
location should be shielded to reduce the light intensity at the property line. The light
intensity is required to be less than one foot candle at the centerline of adjacent streets
and 0.4 foot candles at the property line.
Hours. Outdoor lighting for parking lots shall be turned off one hour after closing,
except for approved security lighting.
Landscaping. The submitted plans indicate plantings at the front and rear of the
building, and surrounding the parking lot. The City Arborist has provided a report on the
landscaping as attached to this report. The final landscape plan is subject to the review
and approval of the City Arborist.
Mechanical Screening. The plans indicate that the parapet walls are designed to
totally screen the mechanical equipment.
Signage.
Freestanding Monument Signage. The Planned Unit Development approvals for this
project do not allow for additional freestanding signage for this project. The applicants
have proposed only wall signage.
Wall Signage, The Zoning Ordinance allows for a total of two wall signs, each on
separate facades, The proposed sign plan indicates two wall signs, one on the front
fapade facing 80 Street and the other facing east.
Total Allowable Signage. The total square footage of signage shall not exceed 300
square feet for the site. The wall signs are 41 square feet each for a total of 82 square
feet. Any additional signage, including all directional signs shall be subject to review
and approval of City Staff.
Sign Illumination. The two White Castle logo signs are to be internally lit. The sign
plans show that when the signs are illuminated at night, only the logo portion of the sign
will be lit. The signs as designed should comply with the Zoning Ordinance lighting
requirements. Staff will approve the lighting specifications for the signs at the time of
permitting.
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Page 43 of 76
Design Guidelines
Sustainable Guidelines. City staff has questioned the applicant on how the project has
been designed to achieve at least a certain degree of sustainability. The applicant will
need to discuss the methods in building construction and site design with the Planning
Commission of how these issues have been addressed.
Architectural Guidelines.
Facade Treatments
The building will have a definite base, middle and top. The base is defined by a
different building material that has a stone face appearance and the top by a
horizontal brick band. The building facades are broken up vertically by the tower
elements. There is a primary entrance well defined by the tower and awnings.
Ground Level Expression
This is a one story building with a tower feature at the corner. The main entrance
is well defined by the awnings and signage.
Transparencv
The building uses glass on all of the facades exept for the rear which is obscured
by the trash enclosure. The Design Guidelines requires at least a 20 percent
transparency on ground floor, street facing facades. The facade facing 60
Street is approximately 14 percent transparent. The Planning Commision should
discuss this.
Entries
The building features a prominent entry with a tower and awnings.
Roof Desiqn
The roofline is broken at the entrance corner by a tower feature. Additionally, the
roofline is broken by tower like parapets. Staff raises the issue of the tower
parapets if the building were to cease as being a White Castle. It is suggested
that these architectural features be removed at such time as this building is no
longer used by this franchise.
The rooftop mechanical equipment will be completely screened within the
parapet of the building.
Buildinq Materials and Colors
The applicant has provided color elevations for review. The primary building
materials of brick and glass will exceed the 60 percent requirement. None of the
prohibited building materials will be used. Building material samples will be
available at the Planning Commission meeting.
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Page 44 of 76
The Planning Commission should discuss the color. The Design Guidelines
indicate that the building color should accent, blend with, or complement the
surroundings. Warm toned colors are encouraged. The use of the stone at the
base and in the towers would be consistent with the Design Guidelines. The
white brick color is not found in surrounding buildings and is not considered a
warm tone. Staff would suggest that a darker brick color be used. Examples of
other White Castles that have been built in the metro area will be shared with the
Planning Commission at the meeting.
Additionally the Planning Commission should comment on the color and striping
of the awnings and well as the blue light fixtures.
Franchise Architecture
The material selection will be key in determining if the proposed building is
consistent with the Design Guidelines. It is recommended by staff that darker
color building materials be considered and that the blue awning and light fixtures
be discussed by the Planning Commission.
Site Design Guidelines
Building Placement
The proposed building has a well defined entrance facing 60 Street. The
building is set back to allow for parking and landscaping.
Parkina Areas
The parking area is landscaped with adequately sized perimeter landscaping.
Stormwater
Stormwater will be addressed in the City Engineer's report.
Pedestrian and Common Space
A walkway has been added between the City trail and the front entrance of the
building. Front entrance does not plan for any common space or seating areas.
The Planning Commission should comment.
Landscaping
Building entrance plantings are required and have been provided in the proposed
plan.
Trees /Shrubs
The trees and shrubs used in the landscape plan shall be subject to the review
and approval of the City Arborist.
6
Page 45 of 76
Utilites/ Service /Loadina /Drive - Throuah /Storage Areas
Addressed elsewhere in the planning report.
Liqhtinq
Addressed elsewhere in the planning report.
Signage
Addressed elsewhere in the planning report.
Pedestrian/ Bicvcle Routes
A bike rack should be added near the front entrance of the building.
CONCLUSION 1 RECOMMENDATION
Upon review of the requests for Planned Unit Development General Plan, Conditional
Use Permit, Site Plan and Design Standards Review, City Staff would recommend the
project with the conditions as follows:
1, The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer,
2. All lighting fixtures shall be full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance. The light fixture in the
northeast corner of the building shall be brought into compliance.
3. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
4. The landscape plans are subject to review and approval of the City
Arborist.
5. All signage, including directional signs, shall be subject to final review and
approval of City Staff.
6. Mechanical equipment that is located on the roof and visible from street
level or from neighborhood properties shall be screened with materials
that blend harmoniously with the building fapade materials.
7. The City requests that White Castle install a conduit in the 60 Street
Right of Way to facilitate the possible burial of Xcel distribution powerlines
located adjacent to the site. Installation of the conduit and lines shall be
subject to the approval of the City Engineer.
7
Page 46 of 76
8. The applicant shall address sustainability initiatives with the Planning
Commission.
9. The Planning Commission shall discuss the front fagade transparency and
determine compatibility with the Design Standards.
10. At such time as the White Castle franchise ceases to exist in this location,
the tower parapet elements shall be removed and the building appearance
restored to a reasonable condition as determined by the City.
11. The Planning Commission should comment on the building material
selection and colors, the awnings and striping, and the wall mounted light
fixtures.
12. The Planning Commission should comment on the need for common
space and seating areas at the front entrance.
13. A bike rack shall be added at the front entrance of the building.
8
Page 47 of 76
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AN D
RECOMMENDING TO TIME CITY COUNCIL THAT THE
REQUEST BY WHITE CASTLE FOR PLANNED UNIT
DEVELOPMENT GENERAL PLAN APPROVAL, CONDITIONAL
USE PERMIT, SITE PLAN, AND DESIGN GUIDELINES REVIEW
FOR A RESTAURANT AT 5950 NORWICH AVENUE NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from White Castle for
Planned Unit Development General Plan Approval, Conditional Use Permit, Site Plan,
and Design Guidelines review for a restaurant at 5950 Norwich Avenue North; and after
having; conducted a public hearing relative thereto, the Planning Commission of Oak Park
heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE AT'T'ACHMENT A
and
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. Concept plan approval for the subject site and the CSM development has
been granted by the City Council; and
4. The property is zoned B -4, Limited Business District. The subject
property requires Planned Unit Development general plan of development approval, a
conditional use permit for the drive - through window, site plan and Design Guidelines
review; and
S. City staff prepared a planning report dated July 8, 2010 reviewing; the
request; and
Page 48 of 76
6. Said report recommended approval of the Planned Unit Development
General Plan Approval, Conditional Use Permit, Site Plan, and Design Guidelines review
subject to the fulfillment of conditions; and
7. The Planning Commission held a public hearing at their July 15, 2010
meeting, took comments from the applicants and public, closed the public hearing, and
made the following; recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE I +OLI,OWING:
A. The application submitted by White Castle for Planned Unit Development
General Plan Approval, Conditional Use Permit, Site Plan, and Design Guidelines review
for a restaurant at 5950 Norwich Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights for approval with the following; conditions:
I The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer.
2. All lighting; fixtures shall be full cut off and installed in compliance with
the lighting standards of the Zoning; Ordinance. The light fixture in the
northeast corner of the building shall be brought into compliance.
3. The outdoor lighting; shall be turned off one hour after closing;, except for -
approved security lighting.
4. The landscape plans are subject to review and approval of the City
Arborist.
5. All signage, including directional signs, shall be subject to final review
and approval of City Staff.
6. Mechanical equipment that is located on the roof and visible from street
level or from neighborhood properties shall be screened with materials
that blend harmoniously with the building; fa�adc materials.
7. The City requests that White Castle install a conduit in the 60` Street
Right of Way to facilitate the possible burial of Xcel distribution
powerlines located adjacent to the site. Installation of the conduit and
lines shall be subject to the approval of the City Engineer.
2
Page 49 of 76
8. The Planning Commission recommended the sustainability initiatives
proposed by the applicant.
9. The Planning Commission asked the applicant to provide options for front
fagade transparency so that the building is compatible with the Design
Guidelines. The City Council shall approve the final building plans.
10. At such time as the White Castle franchise ceases to exist in this location,
the tower parapet elements shall be removed and the building appearance
restored to a reasonable condition as determined by the City.
11, The Planning Commission recommended the following building materials
and colors:
a. The white brick and tan rock face block proposed by the applicant.
b. Tan rock face block shall be used on all four sides of the corner
tower.
C, l'hc applicant may determine if it will use the tan rock face block
as an architectural feature at the first drive -111) window.
d. Solid blue awnings with no stripes.
C. Use of bronze colored wall and freestanding light fixtures.
f The applicant may determine the color of the bollards.
12. The Planning Commission recommended that one parking space be
removed at the northwest corner of the building to allow for additional
landscaping, a bench and bike rack. The CSM development was approved
with adequate parking to accommodate the loss of one parking stall at the
subject site.
Recommended by the Planning Commission of the City of Oak Park Heights this
15 day of July, 2010.
Jennifer Bye, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 50 of 76
ATTACHMENT A
T - I
N
Planned Unit Development (PUD): General Plan Approval,
Conditional Use Permit, Site Plan & Design Guidelines Review
For
White Castle Restaurant
5950 Norwich Ave. N.
Washington County GEC Code. 05.029.20,12.0047
Legal Description: Lot 5, Block 1, Oak Park Commons
Page 51 of 76
ATTACHMENT B
0 l
T- -
Planned Unit Development (PUD): General Plan Approval,
Conditional Use Permit, Site Plan & Design Guidelines Review
For
White Castle Restaurant
5950 Norwich Ave. N.
Application Materials
® Application & Fees
Plan Sets (3 Large Scale Sets/20 11 X17 Sets)
® Written Narrative and Graphic Materials Explaining Proposal
Mailing List from Washington County (500' from subject property)
Proof of Ownership or Authorization to Proceed
Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation. July 15, 2010
PUD: General µ Limitation on Final Plan Approval:
Within one year after the approval of a Final Plan for PUD, or such shorter time as may
be established by the approved development schedule, construction shall commence in
accordance with such approved plan, f=ailure to commence construction within such
period shall, unless an extension shall have been granted as hereinafter provided,
automatically render void the PUD permit and all approvals of the PUD plan and the
area encompassed within the PUD shall thereafter be subject to those provisions of the
zoning ordinances, and other ordinances, applicable in the district in which it is located.
In such cases, the Council shall forthwith adopt an ordinance repealing the PUD permit
and all PUD approvals and re- establishing the zoning and other ordinance provisions
that would otherwise be applicable. The time limit established by this paragraph may, at
the discretion of the City Council, be extended for not more than one year by ordinance
or resolution duly adopted. (401.06.E.5)
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building, structure, addition or alteration, or
use requested as part of the conditional use, An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401.03.C.4.a and b)
Page 52 of 76
RESOLUTION NO.
CI'T'Y COUNCIL
CITY Or OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY WRITE CASTLE FOR PLANNER UNIT
DEVELOPMENT GENERAL PLAN APPROVAL, CONDITIONAL
USE PERMIT, SITE PLAN, AND DESIGN GUIDELINES REVIEW
FOR A RESTAURANT" AT 5950 NORWICH AVENUE NORTH
ICE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from White Castle for
Planned Unit Development General Plan Approval, Conditional Use Permit, Site flan,
and Design Guidelines review for a restaurant at 5950 Norwich Avenue North; and after
having conducted a public hearing relative thereto, the Planning; Commission of Oak Park
Heights recommended that the request be approved with conditions. 'Rile City Council of
the City of Oak Park 1- Ieights makes the following findings of fact and resolution:
I . The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
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. Concept plan approval for the subject site and the CSM development has
been granted by the City Council; and
4. The property is zoned B -4, Limited Business District. The subject
property requires Planned Unit Development general plan of development approval, a
conditional use permit for the drive - through window, site plan and Design Guidelines
review; and
5. City staff prepared a planning report dated July 8, 2010 reviewing the
request; and
Page 53 of 76
6. Said report recommended approval of the Planned Unit Development
General Plan Approval, Conditional Use Permit, Site Plan, and Design Guidelines review
subject to the fulfillment of conditions; and
7. The Planning Commission held a public clearing at their July 15, 2010
meeting, tools coma - ients from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL. APPROVES
THE FOLLOWING:
A. The application submitted by White Castle for Planned Unit Development
General Plan Approval, Conditional Use Permit, Site Plan, and Design Guidelines review
for a restaurant at 5950 Norwich Avenue North and affecting the real property as :follows:
SEE ATTACH MENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
I. The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer.
2. All lighting fixtures shall be full cut off and installed in compliance with
the lighting standards of the Zoning Ordinance. The light fixture in the
northeast corner of the building shall be brought into compliance.
3. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting.
4. The landscape plans are subject to review and approval of the City
Arbori st.
5. All signage, including directional signs, shall be subject to final review
and approval of City Staff.
6. Mechanical equipment that is located on the roof and visible from street
level or from neighborhood properties shall be screened with materials
that blend harmoniously with the building facade materials.
7. The City requests that White Castle install a conduit in the 60" Street
Right of Way to facilitate the possible burial of Xcel distribution
powerlines located adjacent to the site. Installation of the conduit and
lines shall be subject to the approval of the City Engineer.
2
Page 54 of 76
8. The Planning Commission recommended and the City Council approves
the sustainability initiatives proposed by the applicant.
9. The City Council approves the final building plans for front facade
transparency so that the building is compatible with the Design
Guidelines.
10. At such time as the White Castle franchise ceases to exist in this location,
the tower parapet elements shall be removed and the building appearance
restored to a reasonable condition as determined by the City.
11. The Planning Commission recommends and the City Council approves the
following building materials and colors:
a. The white brick and tan rock face block proposed by the applicant.
b. Tan rock face block shall be used on all four sides of the corner
tower.
c. The applicant may determine if it will use the tan rock face block
as an architectural feature at the first drive -up window.
d. Solid blue awnings with no stripes.
e. Use of bronze colored wall and freestanding light fixtures.
f'. The applicant may determine the color of the bollards.
12. The Planning Commission recommended and the City Council approves
that one parking space be removed at the northwest corner of the building
to allow for additional landscaping, a bench and bike rack. The CSM
development was approved with adequate parking to accommodate the
loss of one parking stall at the subject site.
Approved by the City Council of the City of Oak Park Heights this 27 day of
July, 2010.
David Beaudet, Mayor
ATTEST:
Eric A. Johnson, City Administrator
3
Page 55 of 76
ATTACHMENT A
J
Planned Unit Development (PU®): General Plan Approval,
Conditional Use Permit, Site Plan & Design Guidelines Review
For
White Castle Restaurant
5950 Norwich Ave. N.
Washington County GEO Code: 05.029.20.12.004
Legal description: Loft 5, Block 1, Oak Park Commons
Page 56 of 76
ATTACHMENT B
r
r,.
l•
Planned Unit Development (PUD): General Plan Approval,
Conditional Use Permit, Site Plan & Design Guidelines Review
For
White Castle Restaurant
5950 Norwich Ave. N.
Application Materials
• Application & Fees
• Plan Sets (3 Large Scale Sets120 11 X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax State ment(s)ILegaI Description(s)
Planning Commission Public Hearing & Recommendation; July 15, 20'10
PUD: General - Limitation on Final Plan Approval:
Within one year after the approval of a Final Plan for PUD, or such shorter time as may
be established by the approved development schedule, construction shall commence in
accordance with such approved plan. Failure to commence construction within such
period shall, unless an extension shall have been granted as hereinafter provided,
automatically render void the PUD permit and all approvals of the PUD plan and the
area encompassed within the PUD shall thereafter be subject to those provisions of the
zoning ordinances, and other ordinances, applicable in the district in which it is located.
In such cases, the Council shall forthwith adopt an ordinance repealing the PUD permit
and all PUD approvals and re- establishing the zoning and other ordinance provisions
that would otherwise be applicable. The time limit established by this paragraph may, at
the discretion of the City Council, be extended for not more than one year by ordinance
or resolution duly adopted. (401.00.E.5)
Conditional Use Permit, - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building, structure, addition or alteration, or
use requested as part of the conditional use. An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401.03.C.4.a and b)
Page 57 of 76
This Page Is Left Intentionally Blank.
t ji. ly :lrsa.�
Page 58 of 76
Oak Park Heights � "M
Request for Council Action
Meeting Date Julv 27, 2010 Time Required: 5 Minutes
Agenda Item Title: Set Public Hearin-1 Date for Review of Liouor, Tobacco and Amusement
License Dees
Agenda Placement New Business
Originating Department /Requester Finance -Judv I Iolst, Deputy ("lerk /Finance Director
Requester's Signature
Action Requested Set _public hearim -) date for review of liquor, tobacco and amusement licenses for
tossible increase in fees
Background /Justification (Please indicate if any previous action has been taken or il'other public
bodies have advised):
The City policy on increasing fees for liquor, tobacco and amusement license fees is to review and
possibly increase every 2 years. The last review was in 2003 for possible increase in ices for 2010.
The fees were not increased at that tinge. Council indicated they would review the fees in 201 Ii)r a
possible increase in 2011 .
If Council desires to review the fees for an increase, a public hearing is required. Per• State Statute, we
must provide 30 clays notice of the public hearing to the affected licensees.
If Council desires to review the fees, I recommend Council direct staff to review fees per City policy
and set a public hearing for September 7, 2010.
Page 59 of 76
This Page Is Left Intentionally Blank.
Flu
I
j
Page 60 of 76
v; ..
Oak Park Heights
egiiest for Council action
Meeting Date - J 27, 2a 1 a
Agenda Item Approval to Send Out R Qs i'or Bond Counsel and .Engineering Firms
Time Re q.
Agenda Placement Now Business
Originating Department /Rcgt��, or Mayor David 7Ieaij
k I
Requester's Signature _ ..... - --
Action Requested ._..._.AJ) rc'val... ::_ see below .................. .. _. _.....
Background/Justification (please indicate; axiy previous action has been taken or if other public
bodies have been advised).
Requesting City Council approval to send out requests for proposal from up to three bond
counsel firraxs and engineering firms with responses due within 45 days. firms are to be selected
by the City Attorney and the City Administrator, with the council reviewing; the proposals when
received.
Page 61 of 76
This Page Is Left Intentionally Blank.
�y
W#
II I
Page 62 of 76
i
I
Oak Park Heights
Request for Council Action
Meeting Date WJIY-2471'-'-, 2 0
Time Required: - ------
Agenda Item Title: ADDY 20.to- oil Recycligg.-C me t th.-Wa hi o,
Agree n vvi S U
Agenda Pla cement New Business
Originating Department/Request gicjohnspn
F �
Reqi..iester's Signature,
Action Requested See Below
Background./Justification (Please in(j i� cate- if any previous action has b or been taken ill'
other piablic bodies have advised):
Enclosed fbi your consideration is as copy of the proposed Grant Agreement for Municipal
Recycling Grant Distribution froin Washington County. `]'hiss Agreement, if executed by the City would
re�wlt in the receipt of a grant antount of $30,224.00 to be used for recycling program expenses in 201
and 7011. "1 hese funds may be used to offset costs associated with the City's recy(Aing programs
huJuding but not necessarily limited to the bi-monthly award, spring and fall clean-u-ps, newsletter and
information sponsorships, and recycling bins.
The City did submit this grant application this past spring as the County had amended their
protocols relating to the rcquirement that the City directly bill and collect the County Environmental
Charge as a prerequisite to receiving these funds. Under the current format the City receives the
EXCF',PTION as outlined in the following paragraph. (I have a clarifying email ftorn Washington County
that states that the infontion of the EXC1 is to allow cities such as Oak Park I-Icights to have
access to these funds -- dated 7/20/10)
I I he parties af ',]vc 111,11 it the (441)11 CC contracts or otlierwisL arral I gos 1
I-millici solid Wasits llaIJIM on beliall'ofilis residents'aad /or busines.ses
alld the Gl isnie" bilk Jot. INS svrvicc. lite (11"IrItoo sholl kill the Colllmr
I :jl V i I-oil ill (m tal C hange (c l' as a sqxl I-ow l ilac item on the so ]raise hil aml
shall effort to colh—I the Tr
pp,
1,1110 lkC-IISQd lI,'I01VFC,0lICC1Cd 1110 C EC RV III 'io L Ali Count
0 111'e" tis Y �Ilnf Y
char collecied shall be remitted to Ille Couill according lo
scrlival I ol Washin count Ordinancc Failuiv ol'the Gninict, to
comply wi Ih this provisiollshAl COIIS(ili,ka breach of (his Grant Agrccmei)l aild
till r.stllt in lossof fluld"',
The City has not received these recycling funds since, I believe 2004; this Agreement does not
engage the matter of any recycling funds from previous years.
Reconymen(lation: Approve the 201(12011 Grant Agreement as provided and Negregatefintil• within
the Ch) accounts for requiretl use•.
Page 63 of 76
2010 -11
GRANT AGREEMEN
FOR
MUNICIPAL RECYCLING GRANT" DISTRIBUTION
THIS AGREEMENT made and entered into by and between the County of Washington,
hereinafter referred to as the "County ", and the City of Oak Park Heights, 14168 Oak I'ark Blvd
N, P.O. I3ox 2007, Oak Park Heights, MN 55082, hereinafter referred to as the "Grantee ".
WHEREAS.. the County desires to encourage and provide opportunities for residential
recycling to reduce the County's reliance on solid waste disposal facilities, and
WIIFREAS, the Washington County Board of Commissioners has budgeted funds to be
used to further develop recycling projects in the County.
NOW, THIAU , the parties hereto agree as follows:
1. Te�•�r�:
The term of tlic Agreement shall be from the date this Agreement is approved by the
County to December 31, 2011.
2. The County's Obligations:
The County will pay the Grantee an amount ol'up to $30,224.00 which is to be used for
recycling program exl)cnses in 2010 and 201 1. Payment will be made in two
instalimetats, one in 2010 and one iii 2011. 'I']ic 2010 payment will be made �n 60
days of execution of this Agreement and the 2011 payment will be made within 60 days
o['the county approving the 2011 Grant Application.
3. The Grantee's Obligations:
a. The Grantee agrees to fellow their 2010 (Exhibit A) and 2011 Municipal
Recycling Grant Applications.
b. Tlie Grantee will use all recycling grant Homey received in 2010 and 2011 as a
result of this Agreement, for base funding activities, recycling projects, and public
education related to recycling, as indicated in Exhibit A. If all recycling grant
funds are not used within the grant period, the Grantee must return unexpended
funds to the County unless the County approves utilizing the unspent funds for
recycling projects the following year.
C. The Grantee shall sign and return this Agreement to the County by July 30, 2010.
Failure to do so will result in a reduction or loss of grant funds.
d. The Grantee will prepare and submit annual recycling reports to the County. The
reports shall cover the time period from January I to December 31 and shall be
submitted to the County by January 31 of the year following the reporting period.
The annual reports will be made on a form provided by the County.
C. Pursuant to Minnesota Statutes Sections I I5A.46 and I ISAA71, all waste
-I-
Page 64 of 76
generated by city /township government activities (including city /town ]galls,
public works buildings, parks etc.) shall be delivered to the Rainscy /Washington
County Resource Recovery Facility in Newport for disposal. Failure to comply
with this provision shall constitute a breach of this Grant Agreement.
f. The parties agree that if the Grantee contracts or otherwise arranges for
municipal solid waste hauling service on behalf of its residents and/or businesses
and the Grantee issues bills for this service, the Grantee shall bill the County
Environmental Charge (CEC) as a separate line item on the solid waste bill and
shall make reasonable effort to collect the CEC. F.,xception to this provision is if
the licensed hauler collected the CEC for the previous year. All County
Environmental Charges collected shall be remitted to the County according to
section 34.5 of Washington County Ordinance x#178. Failure of the Grantee to
comply with this provision shall constitute a breach of this Grant Agreement and
will result in loss of Grant funds.
4. Indemnification and lnsurajice:
a. The grantee agrees it will defend, indemnify and hold harmless the County, its
officers and employees against an and all liability, loss, costs, damages and
expenses which the County, its officers or employees may after sustain, incur, or
be required to pay arising out of the Grantee's perlorinance or failure to
adequately perform its obligations pursuant to this Agreement.
b. The Grantee further agrees that in order to protect itsell' as well as the County
under the indemnity provision set forth above, it will at all tunes during the term
of this Agreement keep in force.
1. General liability insurance in the amount of 9500,000 for bodily i njury or
property damage to any one person and 91,500,000 for total injuries or
damages arising from any one incident as set forth in Minnesota Statutes
§466.04,
2, Any policy obtained and maintained under this clause shall provide that it
shall not be canceled, materially changed, or not renewed without thirty
(30) days prior notice thereof to the County.
A Certificate of Insurance evidencing this coverage must be provided to
the County before this Agreement is effective.
C. Workers Compensation insurance as statutorily required.
5. Data Practices:
All data collected, created, received, maintained, or disseminated for any purposes by
the activities of Grantee because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the
-2-
Page 65 of 76
Minnesota Rules implementing such Act now in force or as adopted, as well as Federal
regulations on data privacy.
(. Condition Subsequent
It is understood and agreed that in the event that reimbursement to the County from state
sources is not obtained and continued at a level sufficient to allow the Chant, the
obligations of each party hereunder shall thereupon be reviewed to determine the
necessity of renegotiating all or parts of this Agreement.
7. records Availability and Detention:
Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the
County, the State Auditor, or any of their duly authorized representatives at any time
during normal business hours and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc, which are pertinent to the accounting practices and
procedures of the Grantee and involve transactions relating to this Agreement.
Grantee agrees to maintain these records for a period of' six (b) ) from the date of
termination of this Agreement.
8. Independent Contractor:
Nothing contained in this Agreement is intended or should be construed as creating the
relationship of co- partners or Joint ventures with the Count) No tenure or any rights or
benefits, including Worker's Compensation, Unemployment Insurance, medical care,
sick leave, vacation leave, severance pay, PIRA, or other benefits available to County
employees, shall accrue to the Grantee or employees of the Grantee performing services
under this Agreement.
9. Nondiscrimination:
During the performance of this Agreement, the Grantee agrees to the following:
No person shall, on the grounds of race, color, religion, age, sex, sexual preference or
orientation, disability, marital status, public assistance status, criminal record, creed or
national origin, be excluded from full employment rights in, participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any and all applicable
Federal and State Laws against discrimination.
10. Firearms Prohibited:
Unless specifically required by the terms of this contract, no provider of services
pursuant to this contract, including but not limited to employees, agents or
-3-
Page 66 of 76
subcontractors of the Grantee shall carry or possess a firearm on county premises or
while acting on behalf of Washington County pursuant to the terms of this agreement.
Violation of this provision shall be considered a substantial breach of the Agreement;
and, in addition to any other remedy available to the county under law or equity.
Violation of this provision is grounds for immediate suspension or termination of this
contract.
11. Noncompliance by Grantee:
If the County finds that there has been a failure to comply with the provisions of this
Agreement, the County may terminate the Agreement at any time following seven (7)
days written notice to the Grantee and upon failure of the Grantee to cure the default
within the seven day period. The County will require the Grantee to repay the grant
Funds in full or in a portion determined by the County. Nothing herein shall be
construed so as to limit the County's legal remedies to recover grant funds.
12. Termination:
This Agreement may be canceled by either party upon thirty (30) days written notice.
Notice to the Cities shall be mailed to the City Administrator or to the City Cleric if there
is no Administrator. Notice to Townships shall be mailed to the; Township Clerk.
Notice shall be sent to the official business address of the City or Township. Notice to
the County shall be mailed to: Department ol Public I Icalth and Environment, 14949
62nd Street N, PO Box 6, Stillwater, MN 55082- 0006.
13. Merger and Modification:
a. It is understood and agreed that the entire Agreement between the parties is
contained here and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subJect matter. All items referred
to in this Agreement are incorporated or attached and are deerned to be part of
this Agreement.
1). Any material alterations, variations, modifications, or walvcrs of provisions of
this Agreement shall be valid only when they have been reduced to writing as an
Amendment and signed by the parties.
-4-
Page 67 of 76
IN WITNEISS VV[i[iRE()p, the parties have executed this Agreement on the dates
indicated below.
GRANTEE. WASHINGTON COUNTY
8Y_________ BY
Lowell Johnson, Director
l'[}'[E 1)epodcoen1of9nh}icl{cohb
and Environment
L}}\TE
ll/\TE______------- ------- ----
���__
APPROVED ASTO FORM
DATE
-5-
Page 68 of 76
EXHIBIT A
i 1
W ashington 201
OU11 Municipal Recycling Grant ap plication
Department of Public Health and Environment
14949 62 Street N., P.O. Box 6 a Stillwater, MN 55082 -0006
Office (651) 430 -6655 -17Y (651) 4306246 ® FAX . (651) 4306730
City/ Township: 0 A k Qn 12J� H r-I h H i
.Address: Q -o 0 - 7 t STILL W A-111 6" r o
Contact Person: F_ i2 t c_ J'o Et N s o,1,-.r Telephone: (051- q *� 9 _ qq g
Email address: e.. k <o n 0) c4ZDAL 0 e, t c Gdw\
EI I I
1. Check the items collected curbside in your recycling program:
Newsprint Office Paper XAluininum Cans 0 Auto Batteries
Magazines Mixed Paper/ Junk mail Steel (food) cans 9motor Oil
Cardboard Phone Books 0 Scrap Metal ,Appliances
Boxboard `6 #1,1 #2 Plastic Bottles 0 Glass 'X Electronics
# #1, 115 Plastic Bottles Textiles
Other (specify). d _ i C Z_
t
2. Specify the curbside recycling collection frequency: U Twice/ month D Every other week Weekly
3. On what day(s) are recyclables collected in your city /township: T1� 1 lI s D 8 _ __
4. Check the type of recyclables collection system you have:
Id Ordinance requiring licensed haulers to collect recyclables r�'r f ' n�vfl� li�.�'f�.s
1p� City /'Township contract with one recyclables collector. 1 %!
Name: V F_ O . 4 'CON..r.4at• c F oIX_K
Contact person, (ins i n "1 ? t . - t r Telephone: (9 3 6 3 cl 18 0
What is the cast of recyclables collection? $ P / household/ month or $ W7 a / ton recycled
5• 1 -low are multi-unit buildings provided with recyclables collection? C'n,f cnnj'.'acj` (oVA%s �►t! U(bc �.� If`f
cn,��t v 10 t{ Vr�{4s C?Vr.r
U No inulti -unit buildings in city /township q V {tk i'r d / w d (t Y" .
<Ah�r'tr��
Ordinance requires licensed haulers to provide recycling at multi -unit buildings
Q Ordinance requires multi -unit buildings to provide recycling
6. Does your city /township have an ordinance requiring residents to recycle? if Yes U No
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WE r.. r ae ��t (k'?l 3.. 1111 ` MIIMI
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S . Base funding is available for activities that sustain your existing recycling program, su011 as:
administering a recycling ordinance or contract, responding to recycling; information
requests, or procuring ourbsidc recycling bins.
M compiling reports and information associated with a recycling program,; or
9 providing waste reduction and recycling information 'through newsletter articles,
brochures, and websites.
A.. Using the following list, check all applicable. 2010 recycling activities and indicate the projected
costs associated with each.
* Administration: recycling program nikinagement. k
._9 UCH D
* Reporting, hauler licensing, data management and information. $ t, 0 C) 0
* Waste reduction/recycling information, newsletters, brochures,
other printed materials. $ J ,200
Cl Other base recycling activities {please list):
Tot {al 2A.. -i - -
B. Base level funding table;
Use the following table along with the Household `I'able wi page 6
to determine your Base Level Funding; a.jjaximuzn eligible ar oun€ and enter the amount in the
space provided,
2L3. $
IIousehoids A � ulig ible amount
451 -1 000 $2,500
2 $10,000
F I 0,000 $30,00
C. In the, space provided, enter lesser amount of 2A or 2B above. 2C. _ ;Q
2
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An additional level of funding is available to develop and implement new ar expanded recycling
promotional projects. These projects should increase awareness and participation in waste reduction,
recycling, or backyard composting activities. Newsletter articles are considered a base flurcling item
and should not be included as t project. Examples of projects cities undertook in 2009 include:
- hosting and advertising the availability of recycling containers to loan for events.
- participating in school carnivals, open houses, or community events.
- sponsoring environrncartal performances at schools or community events.
developing a waste management guide and distributing to all Households and/or businesses.
- promoting a clean -up or recycling day (maximum of one project).
- developing or updating a recycling website,
- conducting a contest where addrosscs are randomly drawn on recycling day and given an award if
they are found to be recycling.
Promoting the regional recycling can- .paign (Rethink recycling)
3A, Using the ("allowing spaces please describe up to four recycling projects your cityl township will
undertake, in 2010 to increase recycling: r
l . �n.[.�_�.�.r��4'`� �1.f�.tt rl. �. • , � - , .. _ ._ o� r•r e� a��r"� F.�_.�.��. ';_�Cd LI
'r
e v �. l rr s r
� � .�. ,�. �..�. �,�, irS .4� r �' ...��. ` r�, f�, '`!__.__.__.. �__...__. r` r'Y!
A } r5 f;'S , i d .,� h �.:;E kllf� % f (1 ---'w. „ i,. ._ 1 --•� '—
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4,.� i� -. A { r'
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These projects are valued at $0.50 /Household (HH) per project and cities and townships may qualify fo►'
up to four projects or $2.00/HH, Use the table on page 6 to find your household count,
313. Project funding calculation
$0.50 x it of projects above x o Households '.— $ � j - total project funcl iz1g
3
Page 71 of 76
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An additional level of funding is available to develop and implement new or expanded recycling
promotional projects. These projects should increase awareness and participation in waste reduction,
recycling, or backyard composting activities, Newsletter articles are considered a base funding item
and should not be included as a project, Examples of projects cities undertook in 2009 include:
hosting and advertising the availability of recycling containers to loan for events.
- participating in school carnivals, open houses, or community events.
- sponsoring environmental performances at schools or community events.
- developing a waste management guide and distributing to all households and /or businesses.
promoting a clean -up or recycling day (maximum of one project),
w developing or updating a recycling website.
w conducting a contest where addresses are randomly drawn on recycling clay and given an award if
they are found to be recycling,
- promoting the regional recycling campaign (Rethink Recycling)
3A. Using the following spaces please describe up to four recycling projects your city/ township will
undertake in 2010 to increase recycling:
1. C a�a`1 ...�1. __....._ _i� 2 An.� A(AV'I(4-t`5iIA G4 U(x��_r��! �r�cE���_s`✓.� Cc�val�nr,��es
Q V C
2. f 'WA'' "- MLInCl . fryt�YVIF_51 �l/ll7. 141106111? 7 G1�� ��f)IJ� /�
f i , 14
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3. C P R v r �'.. �� c�v �.�' �. , - . a( , r. .s e s d �v�, _�� Y r� f. p
l �' C ��' I t � F� ;:� ��� �n_n� ���'. �1 �'� �".� kl tN 0� � 1 _'�f) z.�. r�� � ;! I'. "�•t!. _.�w f f`� t ',1 r- � ; �• � —
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4. '65 00,Q6Y �diI� N° �1P`Ut�+iU'�'�1� r G.""0 o 0 VSe 0U f'i'l 'rol I Y,
�r�vl►'� � , hso proi+nok O' a- _ ei�� "rle yo r^ doh � G"[^. r- ` ..
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These projects are valued at $0.50 /Household (HI-1) per project and cities and townships may qualify for
up to four projects or $2.00/1 -I1i. Use the table on page G to find your household count.
313. Project Funding calculation
$0.50 x m # of projects above x Q 0 5 lO Households — $ -�� total pyoject funding
9 112
3
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t .� 6 p 3 'SS ' '�` • to 10 0 01" " ' u ANN r � 1 Sw o ' A
A +�
Base Funding Amount (2C) $ �� 'A00 ~
Project Funding Amomit (3B)
a s
TOTAL Grant Reclucstcd $_ �'• ��� ��
- na - 7 1 , an am, f og M- 0 a #"' , M - 3, N
Incentive projects are initiatives that target specific areas for additional work in waste reduction, recycling,
and sustainability. Incentive projects may go beyond city borders and span more than one year. Incentive
projects focus on topics that have typically riot received financial or technical assistance. Examples include
these areas:
Greening Your Operations
'Waste Reduction. (rcduetion in office, paper, packaging waste, food waste, etc.}
Cr'een Purchasing (proetaring environmentally profez'abie products and services that arc less ha�acdous,
prevent waste, or recycled content
Green Building (Le. incorporating sustainable building guidelines in a building and remodeling projects
Greening Your Comm minity
_ Food Waste Recycling or Composting
Green Building (Le., encouraging sustainable building in the community)
Multi-family Recycling Education
Business Waste Reduction. and Recycling
if your city or township would like to apply for an incentive project leant, please cornplcte the form below:
Project Titlo: ll aa- t!" Cr 1ti &Y- h� Karel t �1 - _�� n� r, ,•� �IYJI tr �� v�, s
�d - cn t:tivro 'C ,�v <7�al�tRb� �vifc!! + f I✓.+ °lrG. C.d�"n•�rr�vn�`��.
Target Area : (i.e,, business re l " ,
multi�fatnily recycling, green purchasing, green building, etc)
Brief Description of Proposed Project
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vt 1�11it 3 A tYifeavr 2}f,n �,rif frt_�rE. `sdt��lxFtrda �iIut�c.?' ^
�� —�r�� d�....�.��_..�.���_.: r ✓'�.P!� ..�11`d`.I �a �'C���! ". f _. r j
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Estimated Cost of Incentive Project $ ,
Selected moiects will require a detailed Drouosal includinLy timeline. work Wan, and budaeto
Count staff will contact you to discuss the taroieet and inrocess for receivinLy incentive nroiect
fnndinf!o
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Eric Johnso
From: Dan Schoepke [ Dan .Schoepke @co.washington.mn.us
Sent: Tuesday, July 20, 2010 10:59 AM
To: Eric Johnson
Cc: Jim Schug
Subject: RE: 2010 -2011 Recycling Grant - Washington County
Eric,
I verified with Judy Hunter and yes, this language allows Oak Park Heights to be eligible for the recycling grant program.
Thanks,
Dan Schoepke
Sr. Environmental Specialist
Washington County
Dept. of Public Health & Environment
14949 62nd St N. P.O. Box 6
Stillwater MN 550112 -0006
651 -1130 -6714 (phone) 651 -430 -6730 (llix)
c la n. schoepke�ir�co .��fsliitlic�t�..mn.us
............. ............... _ - - --
From. Eric Johnson [ mailto: eajohnson @cityofoakparkheights.com]
Sent: Tuesday, :July 20, 2010 10:38 AM
To: Dan Schoepke
Cc: Jim Schug
Subject: 2010 -2011. Recycling Grant - Washington County
7/20/10
Dan:
I have received the 2010 - 201.1. Grant Agreement for Municipal Recycling Grant Distribution. Thank You.
1 am in need of a clarification,
As you know, the City does not bill its residents a separate fee for waste collection, nor do we bill for the County CEC
as that is the presumed responsibility of the hauler which is through 2011 planned to be VEOLIA, which has billed
the CEC.
Paragraph f in Section 3 indicates that "Exception to this provision is if the licensed hauler collected the CEC for the
previous year ";
1
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i . 1 he prtics agree that if the Grantec^ contruts or otherwise arrallgo.s for
Inunielpal solid wasle hautino service on J)ohalf of its residents and/or k s
'in cs ses
allcl tllc Grantee Issues bills for (this se rviu., the G nml h e sh,lll 13111 tlle County
j.?l)� ircltl €Denial Char C'? 115 it separate lino item o il the solid] waste bill and
shall make reels {1w hle c (fort to collect the O. :C. 1-- weptioll to this Provision is if
the licensed hauler collectcd the CE'C for the 1)r€vious year. 1111 County
1 €)t€1l C collected shall k remitted to the County a"ordillg to
section 14J of Washington coulAy Ordinance #178. Failure of1he Gra €toe to
C { }mply with tl)ls provision shall Col)sti(u1C it bre of (his Grant 1' grooment and
%.,\ill rc xndt in loss cif Crrant fit d1 ,
The City cannot say with any certainly that the CEC was "collected" and "remitted" by the hauler, although I know
they have made significant efforts to do so; nor does the City "license" this hauler in perhaps the manner this
paragraph intends. Neither of these two items are within our general purview.
That being said, is the intention of the paragraph to allow for cities that do not hill the CEC or deal directly with the
CEC to have access to these grant funds µ- as that is the intention of the EXCEPTION language?
Thanks
Eric
Eric Johnson
City Administrator
City of Oak Park Heights, MN
651- 439 -4439
Z
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