HomeMy WebLinkAbout11-23-10 Council PacketCITY OIL OAK PARK. HEIGHTS
TUESDAY, NOVI{ M13ER 23 2010
CITY COUNCIL, MEETING AGENDA
7.00 P.M.
7:00 p.n L Call to Order /Pledge of Allegiance/App of Agend
Ill ?7es
7:05 p.m. 11. Department /Council Liais Reports
A, Planning Commission
13. Parks Commission
C. Water Managenient Organizations
D. Other Liaisonlslaff reports
7:10 p.m. 1.11. Vi,sitorsll'ubl.ic_Com
Recycling Award (1)
This is an 01)p011unity for 1he public to address the Council Nvith gtwations or concerns oil issues 110t hart o('
the regular as -coda. (Please limit col»naeills to 3 minutes in lemnjl.)
7:15 p.m. IV. Consent 11gelci_]1 (Roll Call Vote)
A. Approve Bills & Investments
B. Apl:arove City {.;ouncil Minutes November 9. 2010 (2)
C. Approve Liquor License for Northern 'Fier Retail LI.0 dba Supct 4549 (3)
D. Approve F=iscal Year 2010 Budgets for Central St. Croix Valley Joint Cable
Commission and Valley Access Channels (4)
E. Recommend Appointment of Councilmember Mark Swenson to the Washington
County Public I lealth Emergency Preparedness Advisory Committee (PH PAC)
720 li.nn. V. P ubli c 1_leat•'n1s
None
7:20 p.m, V1. Old Business
A. City IIall Facility (too enclosure)
7:30 p.m. V11. N Business
A. Appoint Mr. Court Melin to City Park Commission (6)
13. 1 13C13G . -- City Council Review of Comprehensive Plan Amendment Changes and
Proposed Ordinance 1- anguage (7)
C. Oakgreen Commons Planned =Unit Development . -- Patio Area (8)
D. Wellhead Protection: Accept Grant & 2012 Plan Update (9)
7:45 p.m. VIII. Closed Ses sion (closed pursuant to Minnesota Statutes Section 13A)
A. Labor Negotiations
8:00 p,m. Ix. Adjournme
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' ,R Page G Left Intentionally Blank.
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Page 2am
Par Hei
l�% a i - .r t
Request for Council Action
Meetin- Date November 23, 2010
Agenda Item Recvclin�-) Award
Time Red. _0
Agenda Placement Visitors /Public Cozy ment
Originating 1.7cpaatme atlRequestoz Adi t�istraflon /Iennifer Pinski
Requester's Signature
Action Requested
Receive tnl ormation
Back roin�dl,iustificaiioi� (Please indicate any previous tIction has been taken or ii'other public
bodies have been advised).
See Attached.
Page 3 of 80
CITY !. 'c j
OAK PARK HEIGHT.
.. ...........................
14168 oak llm - lc Boulevard No. ^ P.O. 13ox 2007 d oak Park 11ei hts, MNI 55052 -200 a Nione: (i5 #/+39 'E 3`.J ^ Pax: 6511.139-0'i74
November 18, 2010
Chris Short
6218 Peabody Avenue North
Oak Park Heights, MN 55082
Dear Chris:
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, November 1.8, 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 -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.
Congratulations?
Jennifer Pinsk!
Administrative Secretary /Deputy Clerk
Tree City U.S.A. Page 4 of 80
Oak Park Heights
Request for Council Action
Meeting bate . - - -_ _ Nove 23 2010
Agenda Item App ,ove (_lty Council MinLite -.- N oveiiaber 9, 2010
Time Req. 0...._
Agenda Placement Consent
Orig inatin g De partmentlRec uCstor di7 i5t� anon /.1e�anite€ Pinski
'1 1 m. _..._.._ .......................
Rec nester's Si.Onat�ri� !�
1 b ...... ...._.._......_..
Action Requested - - .Approve ................ .
.................
BackgrouIIdl.1usti[I Gal iOil (Please indicate aj)y previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 5 of 80
CITY OF OAK SPARK HEIGHTS
TUESDAY, NOVEMBER 9 2010
CITY COUNCIL. MEETING l!!ilN1JTES
1. Cull to Order/Pledge of Allegiance /Approval of Agenda:
The meeting was called to order at 7:05 p.m. by Councilmember Swenson.
Present: Councilmembers Abrahamson, McComber, and Runk. Staff present:
City Administrator Johnson, City Attorney Vier1]ng, and City 1;ngineer Long.
Absent: Mayor Beaudet and City Planner Richards.
City Administrator Johnson reported that Mayor Bcaudet was not prescn€ at the
meeting due to a medical procedure.
C:'ouncilmember Mt-Bnson added "Metro Cities -- Policy Adoption Ndeetinf? --
1 111711(3 as New Business Item 13 and "Possible Revision to City Council
Meeting Date — Nov 30 as New Business Item C', OW Busincss 1te111 13 was
Pu11ed from the Agenda.
Councilmember McComber. seconded by C`ouncilmember Runk. moved to
approve the A nda as amended. Carried 4--0.
I1. Reports:
A. Planning Commission: Councilmember Abrahamson reported that the next
meeting of the Planning Commission was set Im November 18,
B. Parks C:on unission: CouncilmCniber Mc(.'omber reported that the next
meeting was set l'or November 15 at 7:00 p.m. with a worksession at 6:00
p.m.
C. Water M mag)ement_0rg ijizalions /Middle 5t. Croix. No report.
17. Other ,,iaison/Staff'Rep City Adiiiin]strator .iohnson reported that the
Washington County Public I- health Advisory Comnlittcc was looking for a
new City representative. Interested council members were to notify him
of their interest.
Ill. visitors/public Comment
R cyclinv Awar Administrative Secretary Pinsk] reported that John and Mary
Skoglund of 14644 57` Street North were chosen as the recycling; award winners.
IV. Consent Agenda:
A. Approve Bills & Investments
Page 6 of 80
City Council Meeting Minutes
November 9, 2010
Page 2 of
B. Approve City Council Minutes - -- October 26, 2010
C. Approve "Tobacco License for Northern 'Tier Retail L.LC dba
SuperAmerica 4549
D. Approve Resolution Recognizing November 11, 2010 as Armistice Day
E. Approve I11-13 4'autges Redpath, Ltd. Auditing Services for December 31,
2010
F. Approve SHI.P Worksite Partner Project Grant Application to Washington
County
G. Approve Jorgenson Construction Inc. 16' Payment for New City I fall
H. .accept "Non- Grandfathering" Status — Health Care Plans
I. Approve Resolution Accepting Donations from 13caudet Memorials
CounCilmember McComber, seconded by Courncilmember Runk, moved to
approve the Consent agenda. Roll call vote taken. Carried 4 -0,
V. Public I-I€;aH! gs: None
VL Old Business
A. (t�� y �lall F Randy Engel ol'I3uctow and Associates, architect for
the City I -Fall pro_jcct, provided a statics report on the projccl. I le reported
that the y were vtozl<ing on resolving the outstanding issues.
EIngel reported that the drainage and aesthetic issues related to the parking
lot had four options For resolution. 11e stated that one option was
replacement of the top one and a half inches of bituminous paving, another
option was the application of a chip and seal, another option was to accept
the lot as is and request a monetary settlement #i-0111 the contractor, and the
final Option was to accept the lot as installed. Engel reported that the
contractor Nvas advocating for the chip and seal option.
Councilmember MCComber reported she was in 'favor of the first option,
Councilmembers Abrahamson and Runk stated the same.
Councilmember MCComber, seconded by Couneil member Runk, moved
to go with the First optioa) to replace the top one and a half inches of
bituminous paving in the parking lot and that if there is any damage to the
curb it be restored. Carried 4 -0.
13. PULLED FR OM THE AGTsNDA
VII. New Business:
Page 7 of 80
City Council Meeting Minutes
November 9, 2010
Page 3 of 3
A. Arlot t t esolution Carivassin tilc '1't l�ia lation of Vot Cast For the Office
of Tw C ity Counc Positio and Declaring th Results from the
Nov ember 2, 2010 Electi Councilmember Runk, seconded by
Councilmember McCor, ber,. Moved to approve the resolution. Roll call
vote taken. Carried 4 -0.
13. Metro Cities, -- Policy Adoption Mee .,- l 1117110 Councihnember
Runic, seconded by Councilmember Abrahamson, moved to appoint
Couneilmcmber McComber as voting delegate. Carried 4 -0,
C:, Possibl Revision to City council Mec - )Oi l' :
Councilinember McComber reported that she would not be able to attend
the meeting on November 30 as she will be out of town. She requested
that the meeting be rescheduled back to the fourth Tuesday in November.
She suggested that if there was not anything on the agenda that the City
Administrator be given the authority to cancel that inceting.
(l;ouracilc)ieaiibci•Me('onlber, seconded by CoUncilinembe) RL10k, moved
to rcvisc the last nnecting in November to November 23 aflu1 to allow the
City Administrator to cancel that mecting_ ifnothing was on the agenda.
Carried 4 -0,
Vilil. Adjournment:
Councilinenaber bunk, seconded by Coanncilmernber McComber, moved to
adjourn at 7:43 p.113.
Respectfully submitted,
JentliPer Pinski
Administrative Secretary /Deput Clerk
Approved as to Content and Form.
David 13caudet
Mayor
Page 8 of 80
r
O Park Heights
Request for Council Action
Meeting Date -- -- November 23, 2010
A genda Item - Approve. L License for Northern Tier Fier Retail LLC d /b /a SuperAincrica 4549
"1'ime Reel. 0
Agenda Placement Consent
Originating 1) epart tile 11t /]�equestor A
Requester's Si
Action Requested A
13acl .,rouiid /.]uatilicatioii (1 indicate ally previous action has been taken or ifother public
bodies have been advised).
An application has been received from Northern "bier Retail 1.,1.,C dba SuperAmerica 4549 for a
liquor license at 5804 Neal Avenue North effective December 1, 2010. All ices and information
required per City Ordinance have been received, and the background investigation has been
completed.
] recommend approval ofthe liquoa• license transfer Ior Northern "I'icr Retail LLC dba
SuperAmerica 4549.
t /.lennilier T'inski
Page 9 of 80
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Page 1oam
Oak Park H eights
Request for Council fiction
Meeting No�rerr�t�et_-3 "d 2 010._.__.
Time Requivcd: t Minute
Agenda Item ztle:�§p e 1 = cal Year 2olo_ lid
nw galley I ecG s l� r reZ
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i �
Agenda Plac,es.nent: _ __ €: w ���_ _ enc ,a..._...._ - -- ......... .......
..__..__..__
Originating' e( hric,follrlsoll,ci
�y
Action Ilecluested
i
See attached budge-t ,
Page 11 of 80
Vafty Access ChanrWs
Operating & GapiltaR Expenditure Budget
FiscM Year 201
(February 1, 2011 - January 31, 2012)
Revenue
Subsidies: PEG Fees 126,000
Franchise Fees 164,965
Interest Earnings
1 200
Lower Valle y Funds, 16,800
Tape DO Reiryibursernents 13,000
834,Sahool Dist, Reimbursement
Miscellaneous Reimbursernents
TetM Revenue
APM
hSMadqs (includes ernpioyer's F C A & PERO where appiicable)
b fA a n a g e r - 4 0 h o u rs /w k 59,150
Lead Facilities Coordinator .- 40 hours/wk 48,000
Facilities Coordinator- 40 houirrs/vik 42,600
Facilities Coordinator.-- 40 hours Jwk 40,800
'I Access Associate - up to 20 hrshwk, 16,700
Govit. Meetings & School Board Alleetings 8,000
Freelanceffemp Employees 1 2
Total Salary Expwise $227,250
ProfeasiormE S vkes
Accounting 850
Qtear _gXP
Office Supplie's
1,200
Me Supplies
9,000
Telephone
i"100
Rent & CAM
38,500
Gas & Electric
4,100
Culligan Water Service
220
Insuranw/Bond
3,500
Medical Insurance
19,275
Dental insurance
2,120
Postage,/Mtg/Conf/Dues
1,300
Maintenance/Repairs
6,000
Mileage --.50imile & car repairs
1,400
Publicity
600
319,965
3,500.00
500-00
$ 323,966
Page 12 of 80
Valley Access Charm Ms — FY 2011 Budget — Page 2
Grants
Misc/Fadfity/Office Furniture
Telephone System Maintenance
Security Monitoring
Copy Machine Expense
ToW Expenses
1,500
5,000
250
300
500
$ 23,966
Most items in the budget rernain the same as 2010. No salary increases were
budgeted,
" iape dub reVP-rWe-,'S ftffid the, Media Fund budget, I � plit ffte projected tape
dub earnings bc��'vveenthe Media Fund ($9,000) and the Miscellaneous Fuvid
Page 13 of 80
Central St., CrWx Valley
Jolint Cable CommuWcafions CommisWon
Operating & CapiW Expandiftre B"dg
Fiscal Year 2011
(February 1, 2011 -- January 31, 201 2)
Revenue
Franchise Fees 264,000
PEG Fees 125,000
Interest Earnings 300
Expense ReimbUrsememts 500
Lower Valley Funding 16,800
Capital Revolving Fund -- Accounting Services -1.
Total Revenue $ 411,400
�- 2- ! ml-�; 0 �
g��Li4,vj_(includes employer"s HGA & PER.A)
Adi Secretary (30 hr, �,iveek) 37,000
pmfessionaI
Ee �l Fees 1,000
Amowfing 5,660
FY 201 Audit Expense 6,000
Other
1 Li�egses
Office Supplies
1,000
Telephone
1,100
Postage
300
Maintenance/Re
100
GonfAMt,gs/Dues
1,200
Print/Publish
100
Insurance/Bond
3,500
It Insurance
9,000
Dental Insurance
550
Office Rent
19,500
Gas & Electric,
2,200
Security System Monitoring
150
Photocopier Expenses
500
Page 14 of 80
Cable Commission FY 2011 Budget — Page 2
Access Center Suppoft. 319,965
(PEG Fees 125,000; Franchise Fees 164,965; Interest Earning� 200; Lower
Valley Funds, 16,800; Tape Dub Reimbursements 13,000)
Miscellaneous Expenses 2,000
Telephone System Maintenance 185
Valley Ridge Mail Christmas Event 250
Culligan Water Sewice 160
Reserve Funds Accounts
Legal Contingency
Leasehold/Facility/Reloc.
HVAC IMainteriance/Repair
Security Fund
Capitol Revolving Fwnd
Payvoll E� Resef
-0
Totai Expenses
$411,400
This buda remMns the sa as 2010 in moss categories, and no sa�,Iary
iineprease was budqete4
Page 15 of 80
This Page Is Left Intentionally Blank.
r`k
Page 16 of 80
Oaf. Park Heights
Request for Council Action
`Fi n Reclub..•eci: _ l it.€ It �. _ M . w......_
Agenda Item `FiGle:...._._I�,��src�n�meui €� ��.�3��>z��tmezit,a��,�; ��Lz� effine^��� �_E� €,k_������:,c��� to he
���,
CY 111rgitt- ee -01 l T.&C- .
� rigyimAin ' .lf t t�: �E:; .tL .�. <�, is � `t,t�� :ilz��ci s� ° `yyc'nso ........... ......
€,fion.. 1 ,egtwsted Stw-m i tl _ . rf iE €f is z�i,CS t ,,� l il� . �_ o < p ._ 9-wensorx to fl.le
r'Fr . hiz�� ton ei c € omit l ubfi f fe.4tltl� l rz� yen, l�r� �<��c cl��c �5 f�dir o Committee.
mittee.
_. Y .._. -.... _._....._ .._ -_ -___ ..._, _ -_ _ ..._.. v__._...._ m...__._ ..
a.�l � z txt tlf lrrs s'iE;�a x€�F (ls,a��� iridic tc ikf any previous ictlon Nos been - ak� -,n orr if o aex public
bodies haw, txlvisc d),
i wou)d l.ikc the City Council's sI3pi)01'f Of rl)y 1�0 S,e; V0 011 f;ais
1?? C "t 1F1'Il l� 1.°'1iOP4 WASH1N6 'i01V "OZllt TY 9
Puq)o e-
'll'le purpose} of the Public Health Emergency Preparedness Advisory Con€ - nit:tee is to advise, consult
with, and make recommendations to the Washington County Coniffl Rity Health hoard (County Board)
on matters relating to the application, administration, and imp lementation of local public health duties
fo r the public Health Emergency Preparedness Grant Agreement between Washington County and the
Minnesota Department of Health.
Specifically, establishment of this advisory committee fulfills the local public health grant duty
described in Focus Area A of that Agreernent, "Strategic Direction and Coordination," which states:
"Throughout the terra of the project agreement, the C OMITILinity Health board must maintain or
participate in a local public health emergency advisory cornalittee."
This committee has the following responsibilities:
Page 17 of 80
I . To assist in they identification and assessi -rent of public health preparedness needs
1. To assist in the preparation of and recorn mendat:ion to the Washington County Board of Health
a public health emergency response plan that meets state requirements and guidelines
3. To assist in the development and conduct of various grant duties as described in the Public:
Health r.rnergency Preparedness Grant
4. To support and assist in the develops -rent of countywide relationships and partnerships
between public health, hospitals and clinic: services, private businesses, allied health
professionals, and all citizens to ensure tin effective public health emergency response syste;rn
The 1 Health Ernergenc:y Preparedness; Advisory Committee is appointed by the County board and
consists of no more than 23 voting members, Mesa °,bership roust be representative of agencies,
gover nrnental units, and the private sector generally responsible for response to an ernergency or
bioterroism event. /a, rnernber of the Washington County Board of Health and the Washington County
Aden €nistrator may serve as iiaison mernbers without votes.
Membership on this advisory corm is as follokvs:
Five citizens rner lx -rs;, one appointed fro aai each C:nur`rt:y Con District
'TVlo physician members, one being they medical advisor of tl e;;tart-ryient- of public 11ealth and
i nvirom - rient and the € ther i :3eing a 1 - , ihvsician practicinrt in Washington County (preference: is
givers to a physician in emergency medicine practice)
Two hospital nic ,.rnbeyrs, o ne lsospital adrninistr °ation r -se ntati.ve: :. e;fy from U-ifl(evic:w
hospital in ` tilly ater and Woodwinds Hospitai in Woodbury
a I UC11" I''erblie Saf(:'.ty Agenc (1 °EE r'ni7 r.`.>, one f C'(:1re f'_I'1tc3C4 \!L' (:U t rV- CIS r sic ISC3Il t31' ti'1C'.
1�1a yhirrc ;tern County Fire. Chief's /�ssoci� tie7rr, one rel3r- ese'.t)tativr= to sr - =rife �s r li isora for the
Washington County Chiefs of Police Ass;ocia one representative ()i loom E;rrergency Medical
Services (frorn art agency that is not already represented by the Fire Uflefs or Police Chtk.T s
Associations), and one representative of the Washington County Sheriti s Office
Cane business and industry member who is e representative of za Charrti�cr of Conarner {:�, iri
Washington County
<.
Two allied heMth pr "0ie SSj()r"ai illen fibers jN[10 are individuals Working in Washington, County in
areas 5L!ch as Veterinary Science, Pharmacy, M ortuary Science or Medical Lab orato y Serv ices
One niental hc�ait.h professional tr hio is a licensed or c:er"Lifle.d rnental health
professional practicing iri Washington County
` € "wo volunteer service agency members, including one. of the Arner =can Red
Cross and one representative of the Salvation Arrcay
a= Four local government members, including two representatives of cities and two
representatives of townships in Washington County
Only citizen appointees must be residents of Washing ton County.
Procedure forAFrpointm en
Citizen applicants must complete the required County application for appointment and submit any
background inforn`iat:ion requested. Interested applicants for all other catego of rnernbership are
solicited by the Departme nt of Public Health and Environment which then. provides a recommendation
for the appointment to the Washington County Board. The County Board, at its discretion, may
interview any al.')plicant seeking appointment. Background screening may be conducted by Washington
County.
Page 18 of 80
Applicants seeking appoi ntment should have, an i nterest ire public health issues, especially in the areas
of disease prevention and €;ontrol, errtergency medical service;s, risk cOMrrrunicatiOn, environme ntal
health services, bioterrorism preparedness, and di saster coordination.
T ask sk For€ es ap
This committee may establish additional task forces or subcornmittees to study a special issue or
conduct special projects. The memb ership serves only for the time necessary to study and report: an
ouch issues or to complete the assigned project. Additional community representation may be sought
for participation in the task force: or s:,rr xornrnitte€, to provide additional expertise or resources needed
for successful cornplrationr lfhe'se additional representatives are considered ad hoc and do not have
voting privileges in the task force or subcommittee.
er 't'�qs
MerTrberss are appointed for terms consistent with the grant period specified within the f3ub lic Health
f rnergrz,.ncy Preparedness Grant. if the Public Health Preparedness Grant: is renewed annually, a
nnember is eligible for reappointment for up to a total of four one-year terr110 (total Of four years Of
service).
Even though a met-nber may be appointed (or reappointed) to a terra, ti °rc, County Board rnay, at its
the m(= dlii:l(r" at. is ±r "!' }r'C"Ir' }E? wheE'i, t(1 the. t)ptiIEor: ofthe CUE1t°itV BF,)cii"d or the C ot3rdj✓
appuin�tijng mc`rnbF..r, It is in tI'p rest inte2res'ks Cif th( :e County to do so.
This c:ornmitte; ine'ots qux i:erly or at the calf of th chair.
Members of this committee are, eligible to receive meeting per dienn, and mileage reimbursement at
the rates established by the bounty Board.
G car a t r..t g' Pr'o c eu Aer � L
This committee operates in accordance with the operating procedures established by the county,
Page 19 of 80
Washington
XVION FOR APPOINTMENTTO AN
County APPLIC
ADVISORY COMMITTEE, COMMISSION
INSTRUCTIONS:
I. Please see the back of this form for a List of Advisory C onllnittees /C:onimisSions ill Washington C,oainty, and
enter the coininittee na3nc for which you are applying in the space above.
2. Please complete one application for each cominittee appointment you arc seeking.
3. persons applying to Certain oammiltees, may bo asked to interview with the County Board of Com..i.Assioners.
4, Notice of Rights identified on back.
���F3fY8F?
IN WH)C H C O. "AMISS S1.ONl �h I:DS'3'Rtt "I' DO Y : i I E`MNI"?
lP YOU ;: 1171:' IN A 'T'C)WNSl LL! " "I, PU:ASE Ut-T:
Distdris
3
2
.�5 1
I
t'v�tlid�iG'
L JS,T hX1 ERfl'.NC;L OR �KJLLS YOU I1AVE, Rf LA`l ING'I'€ TI-11 let POIN MENT ` OU f IU �i_?L?KINCI:
1.,1`3,'1' `PECIAL OK TpE160NAL INYHFIYU,S'1'S 11;LATINIG °fC } YOU AID S& RING:
WHY DO YOU WANI" HIS APl N`3'?
RETURN THIS APPLICATIONTO
WAS HING ON COUNTY
Office of Administration
14949 62rid Street North
P.O. Box 6
Stillwater, MN 55082 -0006
(65 l 410-6014
Date
Y'you raced assistance due to disability or lcaratwga , e barrier
please call (651) 430 -0001 (MD 6,51
Signature of Applicaart
Page 20 of 80
ADVISORY BOARDS, COMMITTEES & COMMISSIONS
Audit Advi.soij, Committee
Beard of Adjusm - meet & Appeah;
Child Protection C iti.zeii Review Panel.
(;omii�auaii €y Corrections Advisory Board
Couirmmi Develop. moi.it✓ Block C.lnint Citizen
Advisory C; wym -iittc
Cormmmity Services Advisory C "ommitwo
family l-lomclmmess Preventi€ o.. and Assismn.co
Advisory C;ominit: m
Gmundwatcr Advisory Cc1nimit;t:€ e
Historic C: €nmthouse Adviswy Council.
Housing & Redevelopincm Autho
Library Board
1_xw Advis€ i) Council oii Mental Health
Minnesota 1_ xten:sion C'c5mmittee,
Parks & Open Space C,om nissioii
Persomiel Bo ard of Appeals
Platming Advisory C;oinm.issioa3.
Public Health F -nier- nc Pre;pa?rediiess
A dvisory (2oainaittec..
Veten s R est C`anip
WorUbvee hwestmomit Board
"If you are, pn W're'sted m i - h , Roo fl of_AdLu tnNmmi` � & Ap��x a1S��� ������i�� ������� � �M�;,� Committee
1
or the Workforce Board, pl'€kme Complete the affattched
NOTICE 0FRN.GHTS
1'I aecor (h.i1.co with flhe Miraiesota',. GovQr11m�:ve12P: Data F rawtieos A01, Wash13'1€ tol5 Co ; 1, ;; r(',q1 iced to h - Ifor' you of
yow rights as ffiey pertain to private h c € >lleacd fmai you. 1� €.e data is that hifo nati o i wfiic h is
available to you, Wa shh - tgtmi Coumy Adm..inistratim - t acid the depar'UTtc�a to whic;lz you are applyiiig but uot to the
public.
he purpose of the collected inlbrinaallori is to d€.;t€xmiyie your eligibility to pa).Aieipaw oi) a caommisslor) €m advisory
board, F'urn.ishijag the roquested hilbrzmat:i€ n is vc5lmilary, a3dthougfi r fusal to supply the hiffiri naati mn may make you
ineligible for mi appou Iti.n €,art.
Names and honic addr€;sses € f applicants fbi appoiaitr acmt to and nicmbers ofa an advisory board or cogs mission are
public, as are rmik € i eligibility list, job history, education, n, trainijig mid work availability- All other ia: fb ati€ rr
€ btained from you is private.
Page 21 of 80
This Page G Left Intention n #f Blank.
b �
\s
Page 2am
Oak Park Heights
Requvd for Counefl Aeflo m
Mlecting Date Novembe�' 23 2010
Time Required- I Minute
Agenda Item `l"itle:_ �._Appoj.gt Mr. Coma Melip_to City Pgf'k C«xmnis,"1011
Ag(- -�T)da Mwx rrtemt
Orig irratixrg
:� c raeste.r's Signature
r
f.: i P'. r previous e£ctdon, h .s taken or ff
(Aher prx.bfie Bodies bave advised)-
€ n Novc,°mbu 15 2010, th City Parks Conirriission interviewed Mir. Cour €. N-Adin fc ,)r• posssit'lle
appoifrtmerrt to the City's Ccrmn.iiss €€ n to cosmplelc the torrn vacated by Iris. Denise
Hier 7,olkov,vsl . T'h..e son im.i ssio does rer orm —ne nd Mr. Court Melin to tie seat.
'l"iais term will ruri through Dec, 31 ", ')012. (Sec atlkac. ed tevji-),. € utl.ine)
Rey, uumeadafion; pmh- Mv� Court MAW to the (Ity parks t':ommimion to complete
the term vacatfA by W6. R)emoi,-,c icdxoIkow1 W, sW&d to the compiedon of a aekgrof "E d
k"Vesfigafign by the Chief of Police.
Page 23 of 80
OAK PARK HEIGHTS PARKS COMNSSION
Member Dan Eder
Term January 2009 - December 2011
History 12115/2008: Parks Commission recommended appointrrrent to fill vacancy
12/28/2008: Cfity Council appointed to fill vacancy
01126/2009: Parks Commission appointed as Chair
Kizer TTerra 12009: Cs
Member Martin Hauble
'berm January 2009 - December 2011
Hies ory 1211512008: larks Commission rec.ornrneended appointrnent to fill vacancy
12/2812008: City Council appointed to fill vacancy
01/26/2009: Parks Ctommisgion appointed as Vice-Chair
Officer Terms
member° Tim Krieger
Term April 2010 w Decenn b€.r 2012
irftry 03116/2009: Parks f;cammission reconirnendc d appoir trnent to filil vacam yr
0312412009: City Council appointed to fill vacancy
Officer Terms
Member r Denise Niedzolkowski
Term September 2009 December 2012
History 08/1712009: marks Commission reconirne -rrded appointment to till vacancy
08125120309: City Council appointed to fill vacancy
0910112€ 10 Resigned From Parks CfoMmIssiorr va
O fficer Terms
Member Larry Viers
Ter m April 2009 w December 2012
History 03/16/2009: Parks Commission recommended appointment to fill vacancy
03/2412009: City Council appointed to fill vacancy
Offlocer 'Farms
Page 24 of 80
CITY OF OAK PARK HEIGHTS
PARKS COMMISSIONER APPLICATION
Court 11 ehn 11--01 -2010
NAME
DATI
.1..0 provide the city council with an understanding of yoga, your background and
your interests, please answcr the following pestionq. (You n'iay attach an extra-
sheet if necessary.)
1 5 810 Natrneg C N
ADDRESS
Y i �
F 1: •IVIAII.-
HOW LONG HAVE: YOU LIVED IN OAK IDARK I- ][--,IGI-'FS? 1 4 i nonths
oc:GUPA -rION Material Manager /Project Manager
FIVIF'LOYER� loll 1 Janson Electric, Inc. P110NE.':
_.. _ .._
... ........ .. .__._....... - -. _ .. _- .__......._........_....... -. _.....I .....:
1DR1 71, EXPI= RlF -'NGI' UN CITY eC711fIMISSIONS, CITY BOARDS, I_Fc.
Stillwater Veterans Memorial Board (May 2000 1- Dresent)
Page 7 of 10
Page 25 of 80
PLEASE PROVIDE A SUMMARY OF WHY YOU WOULD i_IKE TO BE
APPOINTED TO THE OAK PARK HEIGHTS PARKS COMMISSION.
'This is a grew: opportunity - for me to become more
involved the the community. I am eager to help with
the continual improvement of city parks, trails and
related services and facilities.
I f'IMiI l' I_ g Y OTIA'i ;1 WOE Ld.) I._1KIH tJ
C`,ON SlOER REGAl-- DlNG'rI-fIS APPOINTIV €EI\T?
To provide additional details concerning my background
I have included my resume - for your review.
Please return to:
Eric Johnson, City Adn
City of Oak Park kleights
PO Box 2007
Stillwater, MN 55082
Date Received:
(for office use only)
Page 8 of 10
Page 26 of 80
Court Melin
5816 Nutmeg Ct N
EDUCATION
Bacholor of Science, lillathema9ics and Brrsiness Administration
Minor Physics
University of Wisconsin .- River Falls, May 2009
Associate of Applied Science, Applied Service Managol
Concentration: Auton 'Technology
VVyol Laramie, Wyon Decernl:,)er 2.003
ACTUARIAL ACHIEVEMENTS
SOAICAS Exam I'!1, passed September 2009
SOAICAS I '-.xam FM/2, passed May 2010
SOl�1C/1S I xG�r7t M1= :1: =: /3f , pc"epar ft3r November 20'10
FEC HNOLOCtY SKII__l.-,S
Introductory SCSI_, L_aIWI F V11 Microsoft Word
13".rsic ,lavta Advan('c;ti Mlcr t -xc,Ol Microsoft PulAshor
Origin lntroductory Mic3b5ott W;cesc's IViicrosolt 1= ?owerl'oint
EXF'E1=:1ENG
Material lvlanager -t Manager' August 2009 Present
Shop Manager IVlay 2006 August 2009
AA 1- Hanson Electi Osceola, WI
G Requested and roviewed quot(-, I 1 11t.rltiple vendors to keep pricing at a
competitive level
F�crsponded to and follow(- up on cur tomier service c<,11s
o M��r���god rY�airrt�:r�ar�ce of rr�acl to e2`fE�ctivc,ly decreuase ��c�uil�rrncni dowrf -
iir'ro and reduce associated costs
1 logisfics of equipment '111d supplios elficiently to productivity
Array Infantry Novernber 2000... Ncverrrlac,r 2008
Wisconsin Arn"ry National Guard, New Richn W
Served an 18 month train -u1p and flour as conTrbai aITTIS in irad
14 the Army Commendation Award and Sold�e,r" of tho Month Award for
outstanding service;
Successfully completed the Primary Leadership Development Course to en1lince
discipline and refine personnel management shills
Operated the tactical operations center to provide clear communication and
exceptional support to patrolling units
CONIMUNITY INVOLVEMENT
Stillwater Veterans Memorial Hoard May 2010 -- Plresent
rage 9 of 10
Page 27 of 80
OBJECTIVE
To be appointed City of Oak hark Heights Parks Commissioner
' nR Page G Leff Intention ally Blank
7
Page 28 am
0
Oaf Park. Heights
Request for Council Action
Time R.equii-cd- 5 minutes
mc
Agenda �«:r�� "�'itl�.._._.. E sC BG__.._City Council Review _ oi `_C om�m_eheiisivE...���ao I>
Agenda Placement
('JI.vAc.min
i -e:€ uest(,Cs Signa
Action. Rcciu6;sted.. �c€
Ow
(Please €ndicaw if aiiy pi € cti. €ors. has been taken € , if off - ter pu b is
bodies have advis (xi):
CH -
y Plan: consuft t, Sh, e-ha rds, Irms p rovi&d the - Mowin.go
L MEMORANDUM - dated. Nov. 18 2010, docament contaffis tho goals and
I Recormuen i ng Resolutio n from the (Ity PWiniag Commission for adopt of
4. Propose (:qty Council Reef ution adopting zwflng ndes regating to the asp. of
'rhe city cou nea may certainly take action on t e4e ftems or, as ,other posAbifity, ho5
wor w -,6011 with the 1 "ring cope imio p to disco m th "e items further.
Page 29 of 80
TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .58+0
Facsimile: 763.427.05520
TFC @vPlanningCo-com
TO: Eric Johnson
FROM: Scott Richards
DATE: November 18, 2010
RE: Oak Park Heights— Energy Efficiency and Conservation Grant—
City Council Review
TPC FILE: 236.06 — 10.01110.02
The Planning Commission, at it's meeting on November 18, 2010, held a public hearing
to provide amendments to the Comprehensive Plan related to energy efficiency and
sustainability and to add the Alternative Energy Systems section to the Zoning
Ordinance. The Planning Commission had been working on the Comprehensive Plan
amendments and in drafting the Alternative Energy Systems section since August as
part of the Energy Efficiency and Conservation Grant that the City had received from the
State of Minnesota.
At the November 18, 2010 meeting, the Planning Commission recommended the
Comprehensive Plan and Zoning Ordinance amendments unanimously. The City
Council should review this recommendation at their November 23, 2010 meeting and
discuss whether a workshop session with the Planning Commission is necessary before
approval or adopt the draft resolution and ordinance provided.
Attached for reference:
Exhibit 1: Planning Commission Resolution — Recommending Comprehensive Plan
and Zoning Ordinance Amendments
Exhibit 2: City Council Resolution — Approving the Comprehensive Plan
Amendments
Exhibit 3: City Council Ordinance — Approving the Zoning Ordinance Amendments
Comprehensive Plan
The Comprehensive Plan, last updated and approved in 2008 did not include significant
goal and policy statements related to sustainability or energy efficiency. As part of this
Page 30 of 80
project, it will be necessary to revise the Comprehensive Plan to focus more on
sustainability and energy efficiency. Please find as follows a listing of the goals and
policies to be added to the Ordinance that were reviewed and revised by the Planning
Commission. I have included the Sections and page numbers of where these additions
will be made. If you do not have a copy of the Comprehensive Plan, it can be viewed
online at the City website or Julie Hultman can provide a disc for your use. Please find
as follows the Comprehensive Plan amendments with the changes recommended by
the Planning Commission:
MISSION STATEMENT, VALUES, AND COMMUNITY GOALS (Page 41)
Add this Community Goal:
Commit to the preservation and enhancement of the environment and to
the principle that each generation of residents mint meet the needs of the
present without compromising the ability of future residents to meet their
own needs.
The City recognizes the need to address the management of natural resources
and identify the strategies to assist Oak Park Heights in becoming a more
sustainable community. Through sustainable development and the efficient use
of energy and natural resources, the City seeks to maintain and enhance
economic opportunity and community well being while protecting and restoring
the natural environment.
Add these Goals and Policies:
WETLANDS, LAKES AND STREAMS (Page 62)
Policies:
H. Incorporate low impact development (LID) principles and practices into design,
construction and operation of all pubic projects.
Work with residential and commercial developers to incorporate low impact
development practices that protect native vegetation and soils and reduce
impervious surface.
2
Page 31 of 80
SUSTAINABLE DEVELOPMENT (Page 69, New Section)
Goal 1: Create a sustainable community that provides balance between a growing
economy, protection for the environment and social responsibility to
enhance the quality of life while preserving the same for future
generations.
Policies:
A. Promote the use of high performance or sustainable design practices during all
phases of development including design, deconstruction, construction, and
building operation and maintenance.
B, Promote national, regional and state sustainable building design programs
including utility - sponsored renewable energy and conservation programs.
Goal 2: Create a livable community where development incorporates sustainable
design elements such as resource and energy conseration and use of
renewable energy.
Policies:
A. Encourage energy and resource conservation strategies to limit the effects of
climate change, including decreased use of fossil fuels and shift to renewable
energy resources.
B. Promote the use of renewable energy, including solar energy, in new residential
and commercial developments.
C. Review the potential for use of renewable energy, including solar energy, in all
new public buildings.
D. Consider varying setback requirements within PUD's in all residential and
commercial zoning districts as a means of protecting solar access.
E. Implement alternative energy regulations including solar, wind energy,
geothermal and biomass requirements in the Zoning Ordinance,
Goal 3: Protect and enhance air quality and reduce the emission of greenhouse
gases and control of climate change locally and globally.
Policies:
A. Encourage alternative transportation by providing trails and encouraging transit
opportunities. Continue expanding the trail system by implementing the
Comprehensive Park and Trail System Plan.
B. Educate and inform businesses and residents about opportunities and incentives
to increase the utilization of renewable energy sources such as solar, wind,
geothermal, and biomass.
C. Improve the City's environmental performance by setting targets, using
innovative approaches, encouraging employees to conserve resources and
improving on the existing recycling program as an example to residents and
business owners.
Page 32 of 80
D. Support and encourage community efforts in environmental awareness and
education through the use of the City web site, programs, newsletters and the
media.
Goal 4: Reduce waste stream toxicity and amount; minimize generation of
hazardous waste and increase reuse, recycling, composting and
purchasing of environmentally preferred products with minimal or no
packaging.
Policies:
A. Support and encourage community efforts in environmental awareness and
education.
B. Support waste reduction activities including recycling, reuse, and composting
through policies and educational outreach opportunities for citizens and
businesses.
C. Emphasize the importance of directing waste that cannot be reused, recycled, or
composted to facilities that recover some of the energy value in garbage with use
of landfills as the last alternative.
D. Continua to provide and encourage curbside recycling of reusable waste
materials through educational events, promotional materials and volunteer
efforts.
ENVIRONMENTAL PROTECTION (Page 79)
Change name of section and add the following to this section;
ENVIRONMENTAL PROTECTION AND SUSTAINABILITY
Sustainability
The City of Oak Park Heights has recognized the importance of the conservation and
preservation of water, air, energy and other natural resources in order to achieve a
more sustainable community. It is recognized that there are four areas in which the City
can preserve natural resources and ensure that development recognizes the value of
environmental protection. An effective implementation program includes the work of
commissions, ordinance updates, permitting and other regulatory mechanisms; design
guidelines and performance standards; public education and involvement; and
intergovernmental cooperation.
4
Page 33 of 80
The following implementation items are to be pursed:
1. The City Council should consider establishing an Environmental Advisory
Commission which would be made up of citizens to advise the City Council
regarding sustainability issues, The commission could also serve as a forum for
the citizens of Oak Park Heights to voice opinions and ideas regarding
environmental protection.
2. Implement sustainable development practices into the design, construction and
operation of all City facilities as feasible.
3. Work with developers to apply sustainable building practices in all private sector
development and redevelopment. Utilize utility- sponsored renewable energy and
conservation programs where possible in development projects.
4. Amend the City Code to accommodate alternative energy regulations including
solar, wind energy, geothermal, and biomass so as to encourage their use but be
installed in a way that is compatible with residential and commercial areas.
0. Continue to expand and promote the City sidewalk and trail system to encourage
an alternate form of transportation not dependent upon motorized vehicle use.
6. Work with the Metropolitan Council on expanding the transit service to Oak Park
Heights and the St Croix Valley area.
7, Work on the development of an environmental awareness program that is
designed to educate and inform residents and developers on energy efficiency
and utilization of renewable energy sources.
8. Develop a City policy on conservation of energy, to be used at all City facilities
and by all employees that can be used as a model for the rest of the community.
9. Continue developing programs for recycling, reuse and cornposting as well as
the education of citizens and businesses on waste reduction.
10. Work with the contracted waste hauler on alternatives to reducing the amount of
material that will be land filled.
Zoning Ordinance
The Planning Commission has recommended the Alternative Energy Systems
Ordinance that will be a totally new section of the Zoning Ordinance and will be added
as Section 401.17. Please note that it addresses definitions, solar energy systems,
wind energy systems and ground source heat pumps. The City has not had specific
regulations on these systems and this new section will clarify the use and where it can
be located as well as providing performance requirements such as setbacks or heights.
5
Page 34 of 80
Please find as attached Section 401.17 Alternative Energy Systems Ordinance with the
final recommendations made by the Planning Commission. At the end of the Ordinance,
please find amendments to the other sections that must be made to enact the discussed
provisions.
The City Council will review the Comprehensive Plan and Zoning Ordinance
amendments at their November 23, 2010 meeting. The City Council may chose to
approve the amendments or invite the Planning Commission to a workshop session to
discuss the amendments and hold on the final approvals until the December 14, 2010
meeting.
6
Page 35 of 80
A RECOMMENDING RESOLUTION
OF THE
PLANNIN(- COMMISSION
CITY OF OAK PARK IIEI( - j[HTS
WASHINGTON COUNTY, MINNEsarA
A RESOLUTION ESTABLISHING FINDINGS CAF FACT AN D
RECOMMENDING TO THE C ITY COUNCIL THAT THE
OAK PARK HEIGHTS COMPREHENSIVE ENSIVE PLAN ICE AMENDED
TO ADD GOALS AND POI..,IC:IES RELATED TO ENERGY
EFF AND SUS'TAINABILITY AND TO AIMS AN
ALTERNATIVE ENERGY SYSTEMS SECTION , rO THE ZONING
ORDINANCE�
WI-IE;IZEAS, the City of Oak. Park heights has received an Energy Flfficiency and
Conservation Grant frorn the State of' N4 innesota to promote energy efficiency lad
sustainability, and after considering amencinmit.s to the C:onm- chensive Plan and the
Zoning Ordinance and having: conducted a public hearing relative thereto, the Planning
Commission of Oak Park I leights makes tlae following findings of fuel:
I . The Planning Commission has determined that the Comprehensive Plan
should be amended to include goal and policy statements related to energy efficiency and
sustainability; and
2. The Planning Commission has reviewed the Zoning Ordinance and
determined that regulations related to alternative energy systems including solar energy,
wind energy and ground source heat pumps is necessary to implement energy efficiency
and sustainabilit) regulations into the City Code; nand
1. E he Planning Commission directed City S taff o prcl�)are dral't
Comprehensive Plan and Zoning Ordinance amendments which were reviewed and
revised b the Planning Commission; and
4. The Planning Commission recommended amendments to the
Comprehensive Plan as found in the November 18, 2010 planning report that is on file at
0ty flall, and
5. The Planning Commission recommended amendments to the Zoning
Ordinance by adding Section 401.17 Alternative Pnergy Systems Ordinance and to add
allowances for energy systems within the Zoning Districts as f'OUnd in the November 18,
2010 planning report that is on file at Ci liall, and
Page 36 of 80
C. The Planning Commission Feld a public hearing at their November 1. 8,
2010 meeting, took comments from the applicants and public, closed the public hearing,
and Blade the following recommendation:
NOW, THEREFORE, 13E IT RESOLVE]) BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK I EIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING,:
A. The Comprehensive Plan is amended to add goals and policies related to energy
efficiency and sustainability.
B. The /'oning Ordinance is amended to add Section 401.17 Alternative energy
Systems Ordinance and to acid allowances for energy systems within the Zoning Di's'tricts.
C:. Copies ofthe recommended Comprehensive flan and Zoning Ordinance
amench ems are on file at C'ity Hall.
1Rccomme;ndcd by the Planning Commission of the City of Oak Park I leights this 1 O' day
oi'Novcmber, 201 U.
Jennil Bye, ("'hair
AT T1,11
1;ric A. Johnson, City Administrator
2
Page 37 of 80
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RC sot,uriON ESTABLISHING FINDINGS OF FACT AN
RESOLUTION O i TI E CITY COUNCIL THAT T"E
OAK PARK H.TIGHTS COMPREHENSIVE PLAN BE AMENDED
TO AID) GOALS AND POLICIES I{ LATER TO ENER('0
EFFICIENCY AND SUSTAINABI.LITY
WHEREAS, the City of Oak Park I Ieights has received an I nergy 11'fficieney and
Conservation Chant from the State of Minnesota to promote energy efficiency and
sustainability, and after considering amendments to the Comprehensive flan and having;
conducted a public hearing relative thereto.. the I'lanning Commission of Oak Park
Heights recommended that the Comprehensive Plan be amended. The City Council of
Tile City of. ' Oak Park 1- leiUhts makes the Collowing findings of fact and resolution:
1. The 1'lwming Commission has determined that the Comprehensive Plan
should he amencled to include goal and policy statenmits related to energy efficiency and
sustainability and
1 'Hie Planning Commission directed City Staff to prepare draft
Comprehensive flan amendments which were reviewed and revised by the Ilanning
Commission_ and
The Planing Commission recommended amendments to the
Comprchcnsive Plan as f'ound in the November 18, 2010 planning report that is on file at
City I hal k and
4. The Plan11ing Commission held a public hearing at their November 18,
2010 meeting, took comments from the npplicants and public, closed the public hearing,
and recommended that the Comprehensive flan be amended.
NOW, 'I'll ER EFO RE, BE IT RESOLVER I3Y THE CITY COUNCIL FOit
THI CI "rY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE 1 +OI. LOWING:
A. '177c Comprehensive Plan is amended to add goals and policies relabel to energy
efficiency and sustainability.
13. Copies of the recommended Comprehensive Plan amendinents are on file at City
Hall.
Page 38 of 80
C. The City Council approval of the Comprehensive Plan amendments is subject to
approval by the Metropolitan Council.
Approved by the City Council of the City of Oak Park Heights this 23) rd day of
November_ 2010.
David Beaudet, Mayor
A"lllT 'S "T:
Eric A. Johnson, City Administrator
2
Page 39 of 80
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2010
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO ADD
SECTION 401.17 ALTERNATIVE ENERGY SYSTEMS ORDINANCE AND TO
ADD ALLOWANCES FOR ENERGY STSTEMS IN THE ZONING DISTRICTS
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.17, Alternative Energy Systems Ordinance, of the Oak
Park Heights Zoning Ordinance, is hereby added to read as follows:
401.17, ALTERNATIVE ENERGY SYSTEMS ORDINANCE
401A7.A. Scope. This section of the Zoning Ordinance applies to all
alterative energy systems in all zoning districts.
401.17.D. Purpose and Intent. It is the goal of the City, as expressed in
the Comprehensive Plan, to the commitment of preservation of the environment
and to the principle that each generation of residents must meet the needs of the
present without compromising the ability of future residents to meet their own
needs. In accordance with that goal, the City finds that it is in the public interest
to encourage alternative energy systems that have a positive impact on energy
production and conservation while not having an adverse impact on the
community. Therefore, the purposes of this Ordinance include:
1. To promote rather than restrict development of alternative energy sources
by removing regulatory barriers and creating a clear regulatory path for
approving alternative energy systems.
2. To create a livable community where development incorporates
sustainable design elements such as resource and energy conservation
and use of renewable energy.
3. To protect and enhance air quality, limit the effects of climate change and
decrease use of fossil fuels.
4. To encourage alternative energy development in locations where the
technology is viable and environmental, economic and social impacts can
be mitigated.
Page 40 of 80
401.17.0. Definitions.
Alternative Energy Systems Related /General Definitions:
Accessory: For the purposes of this section, means a system
designed as a secondary use to existing buildings or facilities,
wherein the power generated is used primarily for on -site
consumption.
2. Alternative energy system: A ground source heat pump, wind
or solar energy system.
Alternative Energy Systems belated /Solaro
3. Building- integrated solar energy system: A solar energy system
that is an integral part of a principal or accessory building,
rather than a separate mechanical device, replacing or
substituting for an architectural or structural component of the
building including, but not limited to, photovoltaic or hot water
solar systems contained within roofing materials, windows,
skylights and awnings.
4. Flush- mounted solar energy system: A roof - mounted system
mounted directly abutting the roof. The pitch of the solar collector
may exceed the pitch of the roof up to five (5) percent but shall not
be higher than ten (10) inches above the roof.
5. Passive solar energy system: A system that captures solar light or
heat without transforming it to another form of energy or
transferring the energy via a heat exchanger.
6. Photovoltaic system: A solar energy system that converts solar
energy directly into electricity.
7. Solar energy system: A device or structural design feature, a
substantial purpose of which is to provide daylight for interior
lighting or provide for the collection, storage and distribution of solar
energy for space heating or cooling, electricity generation or water
heating.
Page 41 of 80
Alternative Energy Systems Related /Wind Energy:
8. Horizontal axis wind turbine: A wind turbine design in which the
rotor shaft is parallel to the ground and the blades are
perpendicular to the ground.
9. Hub: The center of a wind generator rotor, which holds the blades
in place and attaches to the shaft.
10. Hub height: The distance measured from natural grade to the
center of the turbine hub.
11. Monopole tower: A tower constructed of tapered tubes that fit
together symmetrically and are stacked one section on top of
another and bolted to a concrete foundation without support
cables.
12. Residential wind turbine: A wind turbine of ten (10) kilowatt (kW)
nameplate generating capacity or less.
13. Small wind turbine; A wind turbine of one hundred (100) kW
nameplate generating capacity or less.
14. Total height: The highest point above natural grade reached by a
rotor tip or any other part of a wind turbine.
15. Tower: A vertical structure that supports a wind turbine.
16. Utility wind turbine: A wind turbine of more than one hundred (100)
kW nameplate generating capacity.
17. Vertical axis wind turbine: A type of wind turbine where the main
rotor shaft runs vertically.
18. Wind energy system: An electrical generating facility that consists
of a wind turbine, feeder line(s), and associated controls and may
include a tower.
19. Wind turbine: Any piece of electrical generating equipment that
converts the kinetic energy of blowing wind into electrical energy
through the use of airfoils or similar devices to capture the wind.
Page 42 of 80
Alternative Energy Systems Related/Ground Source Heat Pumps
(Geothermal Heating):
20. Closed loop ground source heat pump system: A system that
circulates a heat transfer fluid, typically food -grade antifreeze,
through pipes or coils buried beneath the land surface or anchored
to the bottom in a body of water.
21. Ground source heat pump system: A system that uses the
relatively constant temperature of the earth or a body of water to
provide heating in the winter and cooling in the summer. System
components include open or closed loops of pipe, coils or plates; a
fluid that absorbs and transfers heat; and a heat pump unit that
processes heat for use or disperses heat for cooling; and an air
distribution system.
22. Neat transfer fluid: A non. -toxic and food grade fluid such as
potable water, aqueous solutions of propylene glycol not to exceed
twenty (20) percent by weight or aqueous solutions of potassium
acetate not to exceed twenty (20) percent by weight.
23. Horizontal ground source heat pump system: A closed loop
ground source heat pump system where the loops or coils are
installed horizontally in a trench or series of trenches no
more than twenty (20) feet below the land surface.
24. Open loop ground source heat pump system: A system that uses
groundwater as a heat transfer fluid by drawing groundwater from a
well to a heat pump and then discharging the water over land,
directly in a water body or into an injection well.
25. Vertical ground source heat pump system: A closed loop ground
source heat pump system where the loops or coils are installed
vertically in one or more borings below the land surface.
401.17.D. Application. Applications for an alternative energy system
shall be accompanied by drawings that include the following. An application for a
Conditional Use Permit under this section shall also include all information
outlined in Section 401.03.C. of this Ordinance.
Location of the proposed alternative energy system and any auxiliary
equipment.
Page 43 of 80
2. A survey of the lot with detailed setback dimensions to property lines.
3. A photograph or detailed drawings of the alternative energy system
equipment that is visible above ground.
4. Specifications for the alternative energy system including type, size, rated
power output, materials, safety and noise characteristics as applicable.
5. Location, dimensions and types of existing structures and uses on the lot.
6. Location of above and below ground utility lines within or adjacent to the
lot.
7. Location and size of structures, trees and other objects on the lot that may
impact the alternative energy system.
401ATE. Solar Energy Systems.
1. Zoning District Allowances. Solar energy systems in accordance with the
standards of this section are allowed as a permitted accessory use in all
zoning districts.
2. Standards.
a. Exemption. Passive or building - integrated solar energy systems
are exempt from the requirements of this section and shall be
regulated as any other building element.
b. (Minimum Lot Size. In all zoning districts, a minimum lot size of
eight thousand (8,000) square feet is required for ground - mounted
solar energy systems.
c. Height. Roof- mounted solar energy systems shall comply with the
maximum height requirements of the applicable zoning district.
Ground - mounted solar energy systems shall not exceed fifteen (15)
feet in height.
d. Location. In residential zoning districts, ground - mounted solar
energy systems are limited to the rear yard. In non - residential
zoning districts, ground - mounted solar energy systems may be
permitted in the front yard of any lot or the side yards on corner
lots.
e. Setbacks. In all zoning districts, ground - mounted solar energy
systems including any appurtenant equipment shall be set back a
Page 44 of 80
minimum of fifteen (15) feet from all property lines and a minimum
of thirty (30) feet from all dwellings or buildings located on adjacent
lots. Roof - mounted systems shall comply with all building setbacks
in the applicable zoning district and shall not extend beyond the
exterior perimeter of the building on which the system is mounted.
Roof mounting. Roof - mounted solar collectors shall be flush
mounted on pitched roofs. Solar collectors may be bracket
mounted on flat roofs.
g. Easements. Solar energy systems shall not encroach on public
drainage, utility roadway or trail easements.
h. Screening. Solar energy systems shall be screened from view to
the extent possible without reducing their efficiency. Screening
may include walls, fences or landscaping.
Maximum Area. In residential zoning districts, ground - mounted
solar energy systems shall be limited to a maximum lot area
consistent with the accessory structure limitations in Section
401.15.D.4. of this Ordinance which specifies no more than twenty
five (25) percent of the rear yard for all structures.
Aesthetics. All solar energy systems shall use colors that blend
with the color of the roof or other structure. Reflection angles from
collector surfaces shall be oriented away from neighboring
windows. Where necessary, screening may be required to address
glare,
k. f=eeder lines. The electrical collection system shall be placed
underground within the interior of each parcel. The collection
system may be placed overhead near substations or points of
interconnection to the electric grid.
Deviations. Any deviation from the required standards of this
Ordinance may be permitted through a conditional use
permit in accordance with Section 401.17.D, and Section 401.03 of
this Ordinance.
3. Safety.
a. Standards and Certification.
1) Standards. Solar energy systems shall meet the minimum
standards outlined by the International Electrotechnical
Commission (IEC) the American Society of Heating,
Page 45 of 80
Refrigerating, and Air - conditioning Engineers (ASHRAE),
ASTM International, British Standards Institution (BSI),
International Electrotechnical Commission (IEC),
International Organization for Standardization (ISO),
Underwriter's Laboratory (UL), the Solar Rating and
Certification Corporation (SRCC) or other standards as
determined by the City Administrator.
2) Certification. Solar energy systems shall be certified by
Underwriters Laboratories, Inc, and the National Renewable
Energy Laboratory, the Solar Rating and Certification
Corporation or other body as determined by the
City Administrator. The City reserves the right to deny a
building permit for proposed solar energy systems deemed
to have inadequate certification.
b. Utility Connection. All grid connected systems shall have an
agreement with the local utility prior to the issuance of a building
permit. A visible external disconnect must be provided if required by
the utility.
4. Abandonment. If the solar energy system remains nonfUnctional or
inoperative for a continuous period of one (1) year, the system shall be
deemed to be abandoned and shall constitute a public nuisance.
The owner shall remove the abandoned system at their expense
after a demolition permit has been obtained. Removal includes the
entire structure including transmission equipment.
5. Permits. A building permit and conditional use permit, if
required, shall be obtained for any solar energy system prior to
installation.
401.17Y. Wind Energy Systems.
1. Zoning District Allowances. Wind turbines in accordance with the
standards of this section are permitted accessory uses on lots at least
three (3) acres in the O Open Space Conservation District and the I
Industrial District, and on lots at least 1.5 acres in size in the B -3 Highway
Business and Warehouse District, the B -W Business/Warehouse
District, and the P -1 Public Institutional District provided the wind turbine is
located at least three hundred feet from a residential zoning district. Wind
energy systems are not permitted in any other zoning districts including all
districts zoned PUD, Planned Unit Development.
Page 46 of 80
2. Standards.
a. Number. No more than one (1) wind energy system is permitted
per parcel.
b. Height. In the 0 Open Space Conservation District and the I
Industrial District, a maximum hub height of sixty (60) feet is
allowed as a permitted accessory use, additional height up to one
hundred twenty (120) feet in total height may be permitted as a
conditional use in accordance with Section 401.17,D and
Section 401.03 of this Ordinance. In the B -3 Highway Business
and Warehouse District, and the B -W Business/Warehouse
District, a maximum hub height of forty five (45) is allowed as a
permitted accessory use. Additional height, up to seventy five
(75) feet in total height, may be permitted as a conditional use in
accordance with Section 401.17.D and Section 401.03 of this
Ordinance.
c. Blade length. A maximum blade length of fifteen (15) feet is
permitted.
d. Roof mounting. Roof mounted wind turbines are not permitted.
e. Setbacks. The base of the wind turbine tower shall be set back
from all property lines a distance equal to the hub height. Wind
energy systems shall not be installed in the front yard of any lot or
in the side yard of a corner lot adjacent to a public right -of way. All
wind energy systems shall be located at least three hundred (300)
feet from any residential zoning district.
Easements. Wind energy systems shall not encroach on public
drainage, utility roadway or trail easements.
g. Noise. Wind energy systems shall comply with Minnesota Pollution
Control Agency standards outlined in Minnesota Rules Chapter
7030 at all property lines.
h. Screening. Wind energy systems are exempt from the
requirements of Section 401.15.E of this Ordinance.
Aesthetics. All portions of the wind energy system shall be a non-
reflective, non - obtrusive color, subject to the approval of the City
Administrator. Only monopole towers are permitted. The
Page 47 of 80
appearance of the turbine, tower and any other related components
shall be maintained throughout the life of the wind energy system
pursuant to industry standards. Systems shall not be used for
displaying any advertising. Systems shall not be illuminated.
Feeder lines. The electrical collection system shall be placed
underground within the interior of each parcel. The collection
system may be placed overhead near substations or points of
interconnection to the electric grid.
k. Deviations. Any deviation from the required standards of this
Ordinance may be permitted through a conditional use permit in
accordance with Section 401.17.D and 401.03 of this Ordinance.
3. Safety.
a. Standards and Certification.
1) Standards. Wind energy systems shall meet minimum
standards such as International I_lectrotechnical
Commission (IEC) 61400 -2 or the American Wind Energy
Association's (AWEA) Small Wind Turbine Performance and
Safety Standard or other standards as determined by the
City Administrator.
2) Certification. Wind energy systems shall be certified by
Underwriters Laboratories, Inc. and the National Renewable
Energy Laboratory, the Small Wind Certification Council or
other body as determined by the City Administrator. The City
reserves the right to deny a building permit for proposed
wind energy systems deemed to have inadequate
certification or testing for operation in a severe winter
climate.
3) Maintenance. Wind energy systems shall be maintained
under an agreement or contract by the manufacturer or other
qualified entity.
b. Utility Connection. All grid connected systems shall have an
agreement with the local utility prior to the issuance of a building
permit. A visible external disconnect must be provided if required
by the utility.
4. Abandonment. If the wind energy system remains nonfunctional or
inoperative for a continuous period of one (1) year, the system shall be
Page 48 of 80
deemed to be abandoned and shall constitute a public nuisance. The
owner shall remove the abandoned system at their expense after a
demolition permit has been obtained. Removal includes the entire
structure including foundations to below natural grade and transmission
equipment.
5. Permits. A building permit and conditional use permit, if required, shall be
obtained for any wind energy system prior to installation.
401.17.G. Ground Source Heat Pumps (Geothermal Heating).
1. Zoning District Allowances. Ground source heat pump systems in
accordance with the standards of this section are allowed as a permitted
accessory use in all zoning districts.
2. Standards.
a. System Requirements.
1) Only closed loop ground source heat pump systems utilizing
heat transfer fluids as defined in Section 401.17.C.4 of this
Ordinance are permitted. Open loop ground source heat
pump systems are not permitted.
2) Ground source heat pump systems in public waters may be
permitted as a conditional use in accordance with
Section 401.17.D and Section 401.03 of this Ordinance,
subject to approval from the Minnesota Department of
Natural Resources and subject to written consent of all
property owners and/or approval by an association in
accordance with its adopted bylaws.
3) Ground source heat pump systems in water bodies owned or
managed by the City of Oak Park Heights are not permitted.
b. Setbacks.
1 } All components of ground source heat pump systems
including pumps, borings and loops shall be set back at least
five (5) feet from interior side lot lines and at least ten (10)
feet from rear lot lines.
2) Above - ground equipment associated with ground source
heat pumps shall not be installed in the front yard of any lot
Page 49 of 80
or the side yard of a corner lot adjacent to a public right -of-
way and shall meet all required setbacks for the applicable
zoning district.
C. Easements. Ground source heat pump systems shall not encroach
on public drainage, utility roadway or trail easements.
d. Noise. Ground source heat pump systems shall comply with
Minnesota Pollution Control Agency standards outlined in
Minnesota Rules Chapter 7030.
e. Screening. Ground source heat pumps are considered mechanical
equipment and subject to the requirements of Section
401.15.E.10.c.
f. Deviations. Any deviation from the required standards of this
ordinance may be permitted through a conditional use permit in
accordance with Section 401.17.13 and Section 401.03 of this
Ordinance,
3. Safety. Ground source heat pumps shall be certified by Underwriters
Laboratories, Inc. and meet the requirements of the State Building Code.
4. Abandonment. If the ground Source heat pump system remains
nonfunctional or inoperative for a continuous period of one (1) year, the
system shall be deemed to be abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their
expense after a demolition permit has been obtained in accordance with
the following:
a. The heat pump and any external mechanical equipment shall be
removed.
b. Pipes or coils below the land surface shall be filled with grout to
displace the heat transfer fluid. The heat transfer fluid shall be
captured and disposed of in accordance with applicable
regulations. The top of the pipe, coil or boring shall be uncovered
and grouted.
c. Lake ground source heat pump systems shall be completely
removed from the bottom of the body of water.
5. Permits. A building permit and a conditional use permit, if required,
shall be obtained for any ground source heat pump system prior to
installation. Borings for vertical systems are subject to approval from the
Minnesota Department of Public Health.
Page 50 of 80
401.17.H. Conditional Use Permits. Application for a conditional use
permit under this sub - section shall be regulated by Section 401.03 of this
Ordinance. Such a conditional use permit may be granted provided that:
1. That the deviation is required to allow for the improved operation of the
alternative energy system;
2. That the alternative energy system has a net energy gain;
3. That the alternative energy system does not adversely affect solar access
to adjacent properties;
4, That the alternative energy system complies with all other engineering,
building, safety and fire regulations;
5. That the alternative energy system is found to not have any adverse
impacts on the area, including the health, safety and general welfare of
occupants of neighboring properties and users of public rights -of -way; and
& The provisions of Section 401.03.A.8 of this Ordinance shall be
considered and a determination made that the proposed activity is in
compliance with such criteria.
401.17.1. Zoning District Allowance Summary Table. Solar energy
systems, wind energy systems and ground source heat pumps are allowed as
follows in each of the zoning districts as follows;
.... ..
.....
Zoning District
_.. _m_....
Solar Energy
. ... .... 1
Wind Energy
_ ._ ....
-
Ground Source
System .._
.._. .... _
_.._ System...._
H Pumps..._...........
--
O Open Space
Permitted
Permitted
Permitted
Accessory
Accessory
Accessory
3 Acres Minimum
- - _._..........._.....
R -1 Single Family
------ --- - ------------------------------
Permitted
..._....._-__.__.. _. --
Not Permitted
Permitted
Accessary
Accessory
R -1A Single
Permitted
Not Permitted
Permitted
Fam ily_
Accessory__._
A ccessory.__._._.........
R -1 B Single
Permitted
Not Permitted
Permitted
Fara _..� ._.
Ac cessory - -
Acce ssory.__..._.._.._._.
R -1 C Single
Permitted
Not Permitted
Permitted
Family _
Ac __...._.._
A __.___._
Page 51 of 80
R-2 Low and
Medium D -
Permitted
- Accessory -
Not Permitted
-
.................._.---------------- ----------------------
Permitted
Acce ssory
R -3 Multiple
Permitted
Not Permitted
- -
Permitted
Family_ --
Accessory - --
- - -� _ ._._...._....._._.._._._..___...._..._..------------AccessorY....___.._.._.-
R -B Residential
Permitted
Not Permitted
Permitted
Business
Accessory - --
Accessory_ ... ..... ..
�.... _ . -------------------- ------
B -1 Neighborhood
---- - - - - -- -------------- ----- - --
Permitted
-- - -� .._._......._ ._..._._._._._ ............ -
Not Permitted
.................... ................ ..... ... _._... _._.. .... .. _ ........ ..._
Permitted
_B_usine --
- - -- . _Accessory -
-- -__ __._..._......_.._.._._._..__..
j .... ...Accessory-
B -2 General
Permitted
Not Permitted
I Permitted
Business
_..._.._ _. .....
Accessory
._.... .. -
-- -- ...._..__._. -.. _....._ .._...._._
Accessory
................. . . .- -- ....__----------- ._._.....
B -3 Highway
Permitted
Permitted
Permitted
Business
Accessory
Accessory
Accessory
1.5 Acres
Minimum
B -4 Limited
Permitted
€ Not Permitted
Permitted
Business
- - - - -_. _....__. ....
Accessory _ ....
_......
- — _- _...._._
_._._..... Accessory
B -W Business
Permitted
E Permitted
..._._
; Permitted
Warehousing
Accessory
Accessory
i Accessory
1.5 Acres
Minurnum
I Industrial District
..._.._____.....
-
Permitted
Permitted
Permitted
Accessory
Accessory
Accessory
3 Acres Minimum
.................... .........
P-1
__..........._
Permitted
..... ....... _ ........................................................
Permitted
-
Permitted
Public /] nstitutional
Accessory
Accessory I
Accessory
1.5 Acres
Minimum I
SECTION 2. Section 401.02.B. Definitions, of the Oak Park Heights Zoning
Ordinance is hereby amended to add the definitions found in Section 401.17.0 of
this Ordinance.
SECTION 3. Section 401,21.D, Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.21. O, OPEN SPACE CONSERVATION DISTRICT
401.21.D. Accessory Uses.
Page 52 of 80
10, Solar energy systems, ground source heat .pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 4, Section 401.22.D. Accessory Uses, of the Oak Park Heights
,Zoning Ordinance is hereby amended to read as follows:
401.22. R -1, SINGLE FAMILY RESIDENTIAL DISTRICT
401.22.D. Accessory Uses.
9. Solar energy systems and ground source heat pumps as regulated in
Section 401.17 of this Ordinance.
SECTION 5. Section 401.29.D, Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.29. B -1, DISTRICT NEIGHBORHOOD BUSINESS DISTRICT
401.29.D. Accessory Uses.
0. Solar energy systems and ground source heat pumps as regulated in
Section 401.17 of this Ordinance.
SECTION 6. Section 401.300.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.300. B-3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT
401.300.D. Accessory Uses.
7. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 7. Section 401.31,D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.31. B -W, BUSINESSIWAREHOUSING DISTRICT
401.31.13. Accessory Uses.
2. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
Page 53 of 80
SECTION 8. Section 401.32.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.32. I, INDUSTRIAL DISTRICT
401.32.D. Accessory Uses.
2. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 9. Section 401.32.D. Accessory Uses, of the Oak Park Heights
Zoning Ordinance is hereby amended to read as follows:
401.320. P -1, PUBLIC - INSTITUTIONAL DISTRICT
401.320.D. Accessory Uses.
8. Solar energy systems, ground source heat pumps and wind energy
systems as regulated in Section 401.17 of this Ordinance.
SECTION 10. The Planning Commission of the City of Oak Park Heights held a
public hearing at their November 18, 2010 meeting, took comments from the
public, closed the public hearing and recommended that the City Council approve
the amendments as provided in this Ordinance.
SECTION 11. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 23` day of November, 2010 by the City Council of the City
of Oak Park Heights.
CITY OF OAK PARK HEIGHTS
David Beaudet, Mayor
Page 54 of 80
ATTEST:
Eric A. Johnson, City Administrator
Page 55 of 80
This Page Is Left Intentionally Blank.
Page 56 of 80
0
Oak Park Heights
Request for Council Action
Mecting Date November 23 d 2010
Tim.(� Required: _5 minates
Agenda Placc - mcmf ._.._. Thew Busi
€ i - i£ idag ii
RNuestcrs
A(Aion Reqtwstcd
(Illeaso indicate ate i f any pnz , iou action I - ms been taken o - if offic ., public
bodies have advised):
City Playk ng S( °Oft Rife a �, hai provided t o fifllovvi go
PInnning acket�,
I Proposed City ("numed Resolution.
Page 57 of 80
3601 Thursion Avenue N, Suite 100
Anoka, MN 55303
'hone: 763.231 .6840
Facsimile: 763.427.0520
TPCT.0 a PlanningCo.com
TO:
FROM:
DATE:
RE:
TPC FILE:
BACKGROUND
Eric Johnson
Scott Richards
November 11, 2010
Oak Park Heights — Oakgreen Commons — Planned Unit
Development Amendment — Patio Area
236.03 10.05
Tim Nolde, representing Oakgreen Commons, has made application for a Planned Unit
Development amendment to allow for the change of use as it relates to a patio area at
the northeast corner of the Oakgreen Commons building. The amendment will allow for
the patio area to be constructed with a lower level hair salon and office space. As
approved by the City Council, the area below the patio was not to be excavated. The
patio area is at the same elevation and same square footage as originally approved.
The general plan approval for the Oakgreen Commons project was recommended by
the Planning Commission on May 14, 2009 and approved by the City Council on June
9, 2009. The plans for the approved project and the new plans are found in the Exhibits
as follows.
The review is based upon the following submittals:
Exhibit 1:
Grading and Erosion Control Plan —Approved June 9, 2009
Exhibit 2:
Landscape Plan —Approved June 9, 2009
Exhibit 3:
Garage Level Floor Plan — Approved June 9, 2010
Exhibit 4:
Building Elevations —Approved June 9, 2010
Exhibit 5:
Grading and Erosion Control Plan - Submitted with building permit
Exhibit 6:
Landscape Plan — Proposed
Exhibit 7:
Garage Level Floor Plan — Proposed
Exhibit S:
First Floor Plan — Proposed
Exhibit 9:
Wall Sections at Patio — Proposed
Exhibit 10:
Updated Grading Plan — Proposed
Exhibit 11:
Updated Layout Plan — Proposed
Exhibit 12:
Letter from Todd Erickson, October 22, 2010
Page 58 of 80
PROJECT DESCRIPTION
The Oakgreen Commons project was approved with plans that showed a patio area at
the northeast corner of building. The lower level of the patio was to be unexcavated.
The plans clearly showed that the patio was to be constructed off of the first floor and
not at ground level. During construction, the Building Official noticed that the lower level
of the patio area was excavated and the foundation included windows. A stop work
order was placed on that portion of the building so that City Staff could address the
change of plans.
It has been determined that an amended PUD would be required to address the issue.
When considering the general plan of approval for the project, the City Council
discussed the setbacks for the project and wanted at least a 40 foot setback from the
main building to the east property line. The patio setback of 20 feet was also agreed to
in that was at the first floor level and did not include habitable space below. In that this
was a significant change in the use of the lower level of the patio, it was deemed
necessary to have the Planning Commission review and the City Council consider the
change.
ISSUES ANALYSIS
Setbacks. The patio, as now constructed is the same size, at the same elevation and
at the same setbacks as originally approved. The only difference is that it will now
include a hair salon and office space below. There are windows on the north and east
elevations. Exhibit 11 shows a detail of the patio with the setbacks.
The main building is setback 40 feet and the patio 20 feet from the east property line as
originally proposed. Steps and a sidewalk will allow access from the lower level to the
trail that is to be constructed along Oakgreen Avenue,
Landscape Plan. A revised landscape plan had been provided for the area around
the patio area. The revised plan shall be subject to City Arborist review and approval.
Grading Plan. The grading plan has remained unchanged from the original approvals.
The final grading and drainage for the site is subject to review and approval of the City
Engineer.
CONCLUSION 1 RECOMMENDATION
The proposed changes to the plans related to the patio area are quite minor. City Staff
wanted to bring this forward as an amendment in that the setbacks to Oakgreen Avenue
was an issue that was important to the Planning Commission and City Council. Overall,
the visual difference with the new plan will be negligible. The patio is constructed in the
2
Page 59 of 80
same place and at the same elevation as originally proposed. The only visual
difference is the addition of the windows, City Staff recommends the amendment to the
PUD with the following conditions:
1. The revised landscape plan will be subject to City Arborist review and approval.
2. The final grading and drainage for the site is subject to review and approval of
the City Engineer.
I Any other conditions of the City Council and Planning Commission.
Page 60 of 80
A RECOMMENDING RESOLUTION
OF `I'IIE
PLANNING COMMISSION
CITY OF OAK PAIN{ HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A R SOLUTION I+1ST'ABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST FOR A P1.ANNED UNIT DEVELOPM.>i NAT
AMENDMENT AS IT RELATES TO A PATIO AREA AT THE
NORTI]EAST CORNER OF THE OA KGRE EN COMMONS
BUILDING LOCATED AT 13936 LOWER - 59' r ' STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
Wt1ERI AS, the City of Oak Park Heights has received a request fior a planned mlit
development amendment as It relates to a patio area at the northeast corner of the
Oaks -rceia Commons building. located at 13936 Lower 59` Strect North; after havingy
conducted a public hearing; relative thereto.. the I'lanuing Commission of Oak Park
Heights zll.akes the 1 Iirldizlgs offact.:
The real. property alfected by said application is legally described as
follows_ to wit:
and
Cap plican t has submitted an applicatio�� and supportI g documentation
to the Commull v Development Department consisting of' tile folloNving items:
SF`1L: A'l"'l'ACI I1v ENT 13
and
3. The property was approved by the City Council for a Planned Unit
Developn7ent, general plan by the City Council on .Tune 9, 2009; and
4. 'li'lie Oakgreen Con7nlons project was approved with plans that showed a
patio area at the northeast corner of the building. The lower level. of the patio was to be
unexcavated; and
5. The Oakgreen Commons project was approved with a 40 foot setback
from the n building to the cast property line and a 20 foot setback l'or the patio in that
it did not include habitable space below; and
Page 68 of 80
6. The patio was constructed with the approved setback but included a lower
area that was excavated and a foundation that included windows, allowing for habitable
space; and
7. City Staff has determined that an amended Planned IJnit Development is
required to allow for the change irr plans; and
8. City staff prepared a planning report dated November 1.1, 2010 reviewing
the request, and
9. Said report recommended approval of the amended Planned t_Jnit
17evelopnrcnt subject to the fulfillment of conditions; and
10. 'I'lic Planning Conrnrission held a public lrcaring at their November 18,
2010 meeting, took comments from the applicants, closed the public hearing, and made
the following recommendation:
NOW, TI-II?,I EFOIUh, RE, IT RESOLVED BY THE PLANNING
COMMISSION FOR HE, CITY OF OAK PARK I-I ?,IGHTS THAT THE
PLANNING COMMISSION RECOMMENDS 'I'm', FOLLOWING'
A, The application submitted for Oakgreen Commons for a Planned Unit
Development annendment as it relates to it patio area at the northeast corner of lrc
OakOYeen Commons building located at 13936 lower 59 ° ' Street. North anti affecting the
real property as follows:
8FT ATTACIIMh,NT A
fhc Planning CorZllr�I jOn reconrnrerrcls to fire City C',ornrcil of the City of Oak Parl<
I eights approval of the application subject to the following conditions:
The revised landscape Maras is subject to City Arborist review and
approval.
2. The final grading and drainage for the site sha11 be subject to review and
approval of the City F ngineer.
Any other conditions of the City Council and Planning Commission.
Recommended by the Planning Commission of the City of Oak Park Heights this
18 day of November, 2010.
Page 69 of 80
Jennifer Bye, Chair
ATTF'S'F:
Eric A. Johnson, City Administrator
Page 70 of 80
RESOLUTION NEB.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASI-IINGT®N COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY CO UNCIL IL THAT T14E
REQUEST F A PLANNED UNIT DEVELOPMENT
AMENDMENT S IT RELATES ES TO A PATIO AREA AT THE
NORTHEAST CORNER OF THE OAKGREEN COMMONS
BUILD INC LOCATED AT 13936 LOWER R 59 ""' STREET NORTH
ILL APPROVED WITH CONDITIONS
WH>�± I the City Of Oak Park Heights has received a request f0r a plamied unit
dcr�elopn e at a r er�dr�lcilt as it relates to a patio area at the northeast comer of the
Oakgreen Commoos building located at 13936 'Lower 59' Street North; aftcr having
conducted a public hearing relative thereto, the Plamlirrg C'-0111miSsiot7 of Oak Park
I (eights recon -ended that the request be approved with miditions. The City Council of
the City of Oak Park 1. -16 hu makes the following findings of fact acrd resolution:
The real property affected by said application is legally described as
follows, to wit:
SFI' ATTACI IMPINTA
and
2. The applicant has submitted in application and supporting docrm cntatim
to the Community Development Department consisting of the followinO items:
SL,P; A "l "]'AC] I I,NT 11
aril
3. The property was approved by the City Council for a Planned Unit
Development, general plan by the City Council on .tune 9, 2009; and
4. `I`he Oakgreen Commons pro was approved with plans that showed a
patio area at the northeast corner of the building. The lower level of the patio was to be
tmexcavated; and
5. The Oakgrecrr Commons project was approved with a 40 foot setback
from the main building to the cast property line and a 20 foot setback for the Ratio in that
it did not include habitable space below; and
Page 71 of 80
6. The patio was constructed with the approved setback but included a lower
area that was excavated and a foundation that included windows, allowing for habitable
space, and
7. City Staff has determined that an amended Planned Unit Development is
required to allow for the change in Marrs; and
8. City staff prepared a planning report dated November 11, 2010 revieNving
the request; and
r). Said report recommended approval of the amended Planned Unit
Devclopment subject to the fulfillmem. of conditions; and
10. "The Planning Conimission held a public hearing at their November 18,
2010 meeting, took comments from the al)plicants, closed the public hearing and
recommended that the application be approved with conditions.
NOW, II3ERE `C�RE, BE 11' RESC�I.,Y1?,I) I3Y THE CITY COIJNCIL FOR
I III±, CITY Y O OAK PARK RLIC'11 S I'HA I ;3'IIE CITY Y CC�UNC.IL APPROVES
I III+, FOLLOWING.
A. The application submitted for Oakgreen Conrrrlons for a Planned t.Jnit
Development amendment as it relates to a patio area at the northeast cornea of the
Oakgreen Conrnions building located at 139.36 Lower 59` Street North and r�li:fcctiag
tlrc real property as follows:
St` M "M(11-1 MI`NT A
Bc and the same as hereby approved by the City Council of the; City of Oak Park I - leights
subject to the following conditions:
The revised landscape plans is subject: to City A.rborist revicNN and
approval.
2. The final grading and drainage for the site shall be subject to rcview and
approval of" the City Engineer.
�. any other conditions of the: City Council and Planning Conimission.
Approved by the City Council of the City of Oak Park Heights this 23` day of
November, 2010.
Page 72 of 80
David Beaudet, Mayor
ATTl S F:
l: "ric A— lohnson, City Admizaistrator
Page 73 of 80
This Page is Left Intentionally Blank.
Page 74 of 80
nj ; t`
Wr
Oak Park Heights
Request for Council Action
Meeting DAe
"I'ime minutes
Agenda, ftem 'fl.t1e:. -- Wellht -,a tptc fiprit Accept Gi ltt & 2012
Agenda Plact;mew
Originating
Re,q r� seer's Signaturc
Action R.ee uo. t-oti
Ati miiai strait ar
f / w
fat rEa x .ciJ.l .;tii c z tic
(Please indicate if any previous action. ha ibeeii iaIcen or if other I ubli(,
bodies have a visod):
1. With assistance from Bonostroe , the City has aappl €cd for and rec:ojved a. $1f1,000 grant €o
im fc y.nci �t r Wellhead Prot:oc)t:ion olements. l"A final agreenient is ana_che,cl as i:�a the
anticipated work c he:;l4.list. Thero is no€ is loce1 gvfflit, rrraatth required,
ecom rt€ ndofion:Autho Authorize the _execution of 8.�tc _C_yz�tir�E. -1�.. recknorat_a.�t�f...l"��t��:e��d with th
i_zr�g lcr rc rti atrrzr o rli� c;€< rsf c,lepw rte
2. Please additionally note, that like the City's 2€ 08 Comprehensive Plaa € pdato, the City is ar.lsc)
obligated icy tlJG State of Mirrrresota (taarfonded mandate) to complete an update to its welilreaad
protection Plan. The last update was ira 2002; costs of such update will be approximately $3O,tf( ?13o
I have ,asked Bones trop to prepare a work pkin and oudino approximate timelines and expenses.
City eng;incer Chris Long; will briefly rLm lhrotal h this with the City C'otrr`wil at the 11 {23/10
rr oe ing, see attatchod however no action is needed aas this time.
The a nticipated costs for PAR'T 1 of the project ($ 12,500 + /--) have been imputed into the 2011
water utility rate study. IIAR'1' 2 costs will be examined in the 20112 Budget as these costs acre;
clt:penderit upon what fart 1 resuhs demonstrate.
A gain, NO action is nmded at this barer✓ on this study, but action will he needed in
Page 75 of 80
2335 K911way 36 W
S1. Paul, MN 55113
Tel 651 -636 -4600
Fax 651- 636 -1311
Wmi.boneslfoo.00m
November 5, 2010
Eft Johnson
City Administrator
Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights, MN 55082-2007
Re: Wellhead Protection Plan Update
City of Oak Park Heights
Project No. 55- 101.70 -0
Dear Mr. Johnson,
'The purpose of this letter is to provide you with a proposed scope of services for the completion
of the required updates to your Part 1 Wellhead Protection Plan. Additionafly, a list of tasks and
estimated scope of services is also provided for the updates to the Part 2 Wellhead Protection
Plan, based on initial estimates of what the Part 2 Plan update will entail.
On October 27, 2010, the City of Oak Park Heights met with the Minnesota Department of Health
(MDH) to officially scope the update to the Wellhead Protection Plan, since the City's current
version of the Wellhead Protection Plan will come to the end of its 10 -year iifespan in 2012. The
purpose of this meeting was to outline the MDH's expectations for the requirements to update
the City's existing Wellhead Protection Plan for the next 10 years.
Following the meeting, additional communications with the MDH helped define the specific
requirements and scope. The Part 1 update in summary includes gathering new data, delineating
the Wellhead Protection Area using new MDH requirements, and completing a vulnerability
assessment based on the new delineation. The Pad: 2 update in summary includes gathering data
and identifying potential contamination sources for the new Wellhead Protection Area based on
Part 1 results, and producing a management plan.
Wellhead Protection Plan Update — Proposed Costs:
® Part 1 - $12,500 (not to exceed)
® Part 2 - $12,500 - $19,000 (depending on results from Part 1)
An outline of the proposed tasks and details to complete the updates are provided on the
following pages.
Page 61 of 80
City of pale Park Heights rage 2
Wellhead Protection Pion Update November,5, 2010
Part 1 Wellhead Protection plan Update
1. Data Assembly
While much of the geologic data for the area has not changed in the past 10 years, any new data
pertaining to water use, water quality, and well performance will need to be incorporated into the
updated plan. Also, any new borings and wells that help to further refine the understanding of
the local geology should be reviewed.
2. Delineation of the Wellhead Pr Area
A computer- generated groundwater model was utilized to create the delineation for the existing
Part 1 Wellhead Protection Plan. This model will need to be updated to reflect the updated data
elements. The model will also require modification to estimate the leakage between the Prairie du
Chien and Jordan aquifers, in order to calculate the fracture flow component to the delineation.
The current model simulates the Prairie du Chien and Jordan aquifers as one unit, which was the
standard practice at the time the model was built (2001). Bonestroo will consider two options for -
updating the delineation. These options are;
I. Re -build the. existing model to show the Prairie du Chien and Jordan aquifers as two
separate layers in the model, so recharge between both layers can be simulated.
2. Use an existing regional groundwater model for the metro area constructed by the
Metropolitan Council, which already simulates both aquifers separately. This model will
require some refinement and re- calibration for the Oak Park Heights area.
Bonestroo will examine both models at the time the project is undertaken and will choose the
method that appears to be most cost - efficient, but will still yield results accurate enough to meet
MDhi requirements for the delineation analysis.
A minimum 10 -year time -of- travel capture zone is required by the MDH for delineation of the
wellhead protection area. Other tame frames can be provided, if the City desires, to provide a
better understanding of where the water is coming from and how fast it takes to travel to the
municipal wells.
The delineation task also takes into account possible additional steps, including fracture flow
delineation and a surface water delineation to be added onto the model - produced delineation.
3. Vulnerabili Assessment
Using the delineation created in the second task, an assessment of the vulnerability of the aquifer
within this area needs to be conducted. The analysis takes into account the presence of confining
geologic areas between the land surface and the aquifer. Based on the presence and the
thickness of these confining units, the vulnerability of the underlying aquifer is determined.
4. Repq tirrg
The data elements, wellhead protection delineation, and vulnerability assessment will be
summarized in a report designed to meet MDH criteria for documenting the wellhead protection
planning process. Results of the planning effort will be mapped both on printouts and as GTS-
compatible shape files.
Page 62 of 80
City of Ook Po;k heights Page 3
Wellhead Prvledior1 Pion Update November S, 2010
The draft report will first be presented to the City for review. Following City approval of the draft,
the final report will be submitted to the MDH for review and approval. The MDH approval process
generally takes 60 days.
Deliverables will include 3 hard copies of the draft report to City staff, 2 electronic copies of the
final report to MDH for approval, and 10 hard copies of the approved final report for the City. The
final report will also be presented to the City in electronic format (on CD -ROM) to aid in archiving
the plan. Tile CD -ROM will also include any relevant groundwater model files and GIS shape- files.
5. Meeti
It is anticipated that three meetings will be necessary before the completion of the Part 1
Wellhead Protection Plan:
Pre-Delineation M The MDH asks that a pre - delineation meeting be held to review
the modeling approach, before the draft wellhead protection area is delineated, The
purpose of this meeting is to ensure that the modeling approach meets MDH standards
and that the approval of the plan isn't held up by any technical shortcomings in the
model. This meeting is typically held at the MDH offices and only requires the attendance
of Bonestroo and MDH staff, although City staff may attend if they so desire.
D raft Rev Meetin This meeting will be held to solicit comments from City staff
following the delivery of the draft report. For the purposes of this proposal, Qonest:roo
will assume the meeting will be meld at City offices. However, if the City does not have
many comments or questions about the draft report at this time, the meeting may also
be held via telephone.
Pu blic Inform Meet ing: Following the MDH approval of the updated Part 1 plan, the
City is required to Bold a public information meeting to present the results of the plan to
the general public. 'This can be done either at a City Council meeting or as a stand -alone
meeting. Qonestroo staff will attend this meeting and give a short presentation on the
results of the mart 1 plan and will be available to answer any questions.
The conclusion of the public information aleeting is typically the last step of the Part i. Wellhead
Protection Plan.
Part 1 Budget and Schedule
The proposed budget and schedule is attached in Tables 1 and 2. Completion of the flan is
expected to take place by March 2011, including the 60 -day review period from the MDK The
budget includes direct project expenses such as mileage and printing costs.
Page 63 of 80
City of Oak Palk i ieioiIs
Wellhead Protection Non Update
Page 4
November 5, 2010
Tahl(= 1 - City of nak Park NPinhts. Part 1 WPllhParl Prntprfinn Plan. PrnnnSPri Cnsts
Project Task
P roposed Cost
Task 1 - Data Assembl
$1600
Task 2 - Delineation of the Wellhead Protection Area
$6500
Task 3 - Vulnerability Assessment
Tas 4 RgLortin -- - .. -
Ta sk S - Meetings
$1000
1800 _ --------
_.. ..... - ._..- ._....
- - ... -
$1100
Fxerhses— ......_ .............._...._ _.
- - -- - - - -- Total
500 - -
-- - - - -$ 1 5 00 - -- -
TAhIP 9 - Cdv of (yak P klfpinhfc- Part 1 WPllhnari Protprtinn Plan. Prnnngr d 5rhodi dr-
Pr Milestone
Propose Co glp etron
City Approves Bonestroo Work Plan
November 2010
Draft Wellhead Protectio Area Delineation Co mplete
February 2011
Draft Reeort Delivered to City_
_ March 2011
Report Submitted to MDH fog Approval
_.
MDH A . ) roval
P Information Meeting
April 2011 .....
July 2011
.......... . __...m.
Auqust 2011.
Part 2 Wellhead Protection Plan Update
Following the completion of the public information rneeting held in Part 1, another seeping
rrieeting Will be set LAP With the MDH and City staff to review the requirements and expectati0ns
for the completion of the updates to the City's Part 2 Wellhead Protection Plan. Since the scope
of this plan is highly dependant on the results of the Part 1 plan, an accurate scope of services
cannot be determined at this time, For the sake of budgeting purposes, however, an estimate of
costs is provided in Table 3.
The following is a list of tasks that comprise the Part 2 planning process.
1, Dat Colle and Assembly
Data collection and assembly often represents one of the largest portions of the Part 2 planning
effort. Data pertaining to land use, the physical environment, public utilities, and water
quantity /quality must be incorporated into the plan. The largest amount of time and effort is
spent creating the PotenI4 1 ContainInant Source _inventory (PCSI) for the delineated wellhead
protection areas. The PCSI lists all possible sources of contamination with the wellhead protection
area that are thought to pose a potential hazard to drinking water quality.
While this data has already been collected and assembled for the existing Part 2 Wellhead
Protection Plan, data collection will need to incorporate new areas of the delineation that were
not previously considered. Also, any potential contamination sources that were previously
identified will need to be re- visited, to determine the current status of the contamination source.
2. Development of Management Plan
The City has already developed a management plan for their existing Part 2 Wellhead Protection
Plan, As such, large portions of the existing plan can be utilized for this plan update. However,
this update also gives the City an opportunity to modify their plan to better suit their needs.
Action items that may not have been as successful as the City has desired can be altered or
Page 64 of 80
City of Ook Park Heights Pogo 5
Wellheod Protection Mon Update November 5, 2010
replaced with new action items that better fit with the City's current approach for management of
the identified potential contamination sources.
3. Repar
The report is the document that summarizes the data elements and outlines the management
plan. Like the Part 1 report, the Part 2 results will be mapped both on printouts and as GIS-
compatible shape files.
Upon completion of the draft report, it will be presented to City staff for their review and
comments. Following meetings with City staff to refine and revise the report, the final report
must then be submitted to all affected local units of government for a required 60 -day review
period. Following the 60 -day review period, a public hearing must also be held to present the
report to the general public, Once the public hearing has been held and any relevant comments
are incorporated into the plan, the report is then submitted to the MDH for review and approval.
The approval process generally takes 90 days. Fallowing MDH approval, the final approved plan is
then delivered to City staff.
Report deliverables include five hard copies of the draft report for City staff, electronic conies of
the draft report for local government review, six electronic copies for MDH approval, and, finally,
10 hard copies of the approved plan report for City staff. Additionally, electronic conies (on CD-
ROM) of the approved report will be presented to City staff for archival purposes.
4. Meetings
The Part 2 planning process generally requires five meetings total:
Sconing Meeting Following the completion of the Part .1 plan, the MDH holds this
scoping meeting to outline their requirements and expectations for the completion of the
Part 2 plan.
PCSI Rev iew_ M eeting ; When the draft of the PCSI is nearly completed, a meeting should
be held with City staff to review the identified potential contamination sources.
Experienced City staff with knowledge of the area (and local historic land uses) are
encouraged to attend and provide feedback. Often, this is the best way to catch potential
contamination sources that may not be listed in official databases.
Manag Plan Review Meeting This meeting is held to review the current
management plan and to discuss how the updated plan should be shaped to better
reflect the City's current approach to management of land uses. Getting direct input from
City staff is vital to ensure that the finished plan best meets the City's goals for wellhead
protection planning.
Draft Review Meeting Following completion of the draft report, a meeting is held with
City staff to conduct a final review and revision to the plan to ensure that the draft sent
to local units of government and the MDH meets the City's needs and expectations.
Page 65 of 80
City of Ook Pork I leighls
Wellhead llroiection Plan Opdate
Page 6
Novembers, 2010
Public Hearing Following the local government review period, the City is required to
conduct a public hearing at one of the City Council meetings. Bonestroo staff will attend
this hearing and give a brief presentation, outlining the contents of the Part 2 plan for
the Council and the general public. Bonestroo staff will then remain to answer any
questions posed by the Council or the general public.
P art 2 Budget and Schedule
Since the scope of the Part 2 activities depend greatly on the results of the Part 1 plan, an
accurate cost proposal and schedule for Part 2 services cannot be provided at this time. In order
to help the City with internal budgeting for this project, however, estimates of budget and
schedule are provided in Tables 3 and 4.
Budgets for tasks are presented as a range, in order to give an idea of the variation that may
occur depending on the results of the Part ]- plan. The schedule is expected to be less variable,
since the City has a deadline of November 1.3, 20:12 for the submittal of the final plan to the
MD1-1.
Table 3.- City o Oak Pa rk Heights, Part 2 Wellhead Protection Pian Estimat Costs
Pro ect Task - .. _.._ ...
Estimate Cost Rangq -
task 1 - Data Collection and Assei
$5,000-8 000
Task b -; Managerernent Plan Development -_ ----_ ___- _.._...._.._
............... $ :3,00
....._....__. _
Task 3 Re Lortir�
$3 -1,000
Task 4 - Meetings__._...._._.___.._ -
__._... .. ------------------ - - ...
-- _....._._.._�
Expenses
°dot
50o- 1i9,kOO
TahlP 4 - fiihr r3f (lac Park Hpinhi Pars 7 Wollho;ari Prni - PcHnn Plan-
F ;tima I
Proj Milestone _ ............._ ..
Par- 2 Sco pin Meeting_ _.. _.._ _._. _... ._._. - .
__........ -- - --
- proposed Comp letion
- --- -- - - - - -- September 2011
- -
City Approves Bonestroo Work Plan
_......._.........._.. ----------------...------. ....------- ...._....._._....... _..
Draf PCSI Com pleted
October 2011
- -
Dece 20 11
Draft Mana gement Plan Completed
_ _._.._ - - - -._ _ - --
City__R view of Draft
-------------------------- ._._..
January 2012
_ .. -
._........._ _. February 201.2 _. ...
Local Government Revie
Public Hearing
M arch -Ap 2012
May 2012_ -- - - - - --
_._.m_.
Submittal of Plan to MDH for A 3pl roval
June 2012*
MDH[ 0 oval of Plan
September 2012 _
Plan Implementation Begins
O ctober 2012
*due date for submittal is November 2012
For the sake of budgeting, it is suggested that you budget approximately $15,000 - $18,000 for
the year 2011. This will include the costs to complete the Part 1 plan and begin the Part 2 plan.
You should then budget approximately $15,000 for the year 2012, which will get you through the
compietion of the Part 2 plan. Any portion of that budget which is not used towards completing
the Part 2 plan can be used toward the implementation of the plan.
Page 66 of 80
City of Oaf: Park 1169hls
Wellhead Piotection Plan Updotc -I
Next Steps
Page 7
November 5, 20 ] 0
We hope the proposed scope of services outlined in this work plan meets your needs. Please
contact me at (651) 604 -4831 with any comments or questions you may have regarding wellhead
protection planning. We look forward to working with you towards the successful completion of
your Wellhead Protection Plan.
Sincerely,
BONESTROO
Marl< Janovec, G
Senior Scientist
copy: Chris Lone, Bonestroo
Page 67 of 80
Ciraani A�!rceme3�t \lumber B50047
Between the Mimnesom I)CI 1ImenI 01' I IeaIth and C.it� of 0A PEIrk I Ieigiats
Minnesota l)epai of Health
Grant Agmement
"I'I-IIS GRANT AGRF,1_?MEN`I', and amendments and supplements thereto, is between the State of
Minnesota, acting through its Commissioner of Minnesota Department of 1- Iealth (hereinafter "STATE ") and
City of Oak bark Ileights, an independent organization, not an employee of the State of Minnesota, address
14168 Oak Park Blvd. N, Oak Park Heights, MN 55082 (hereinafter "GRANTEE"), witnesseth that:
WIIFRtsAS, the STA`FI, pursuant: to MinneSOta Statute §114D.50 Clear Water Fund is empowered to assist
public water suppliers to implement their source water protcelion plans,
W111.,J I?AS, the commissioner of'health is authori e i to enter into contractual agreemcnts with any public
or private entity for the provision ofstatutorily prescribed public health services by the deparinient. (Minn.
Stat § 144,0742)
W1lF'REAS, GRANTI;T" represents that it is duly qualified and willing to perform the services set forth
herein.
NOW, '11ll it is agreed:
1. GRANTI'll"'S DUIJFS:
A. GRAN'TFT', who is not to state employee, shall c01111a10e the following work:
* Well survey and well inventory update
1'.?ducate public on proper use of lawn chemicals
® Contact owners of high Fisk potential contamination Source and provide educational
materials
0 Pcrfbrin all the work items listed in Grant Application which is incorporated by
reference
B. On or before the end date of this Agreement, the GRAN I I J11 shall provide the STAT Nvith one
electronic copy of all final products produced under this AGR.1::?I M1_:N`I', including; reports,
publications, software and videos. Any GRANIT',l? activity that involves data collection must be
submitted to MDH. upon completion of the project and in the Jbi gat agreed by the STATE.
C. The GRAN11 shall submit a Final Report upon submittal of the 1 Invoice. The Final Report
shall be due no later than the expiration day of the AGRl :`F`Mt;NT. The Final Report shall describe
activities undertaken and accomplishments of'each task, and any problems encountered in the
performance of the work under this AGREEMENT, including the costs associated with completion
of the tasks.
D. Data collected during the project shall be reported in a format acceptable to the STATII
E. In the event the GRANTE E is unable to begin grant activities or to satisfactorily perform the duties
specified in this grant agreement, the GRhNTIT shall remit to the ST.ATI- within five days of
demand the amount paid under this section minus any actual expenses incurred and otherwise
authorized which are documented by adequate invoices acceptable to the START;.
]I. CONSIDERATION AND "T FIRMS OF PAYMFXF
A. Consideration for all services performed by GRAN'T'l,E pursuant to this grant agreement shall be
paid by the STA'T'E; as follows:
H PA1 50 -14 (01110) Page- I
Page 76 of 80
(hint Agtcement Nunilm 1350647
13chveen the N4inncsola Depai7ment ol'i 1callh and City (10A Park I lei,.tlus
1. Compensation:
'T'he GRANT]" , "I" will be paid according to the following breakdown of costs.
---------- -------------- ---- - ---- 111._ T __ _.__..._.._._--- -1111. _ ___._.__....._.._..— _. --
Conduct survey of DWSMA to determine status of well and identify any abandoned wells for $2000
sealing (Co nsult ant fees City staff fees, p ostage and printing for mailinls) ._._.-------.._.._ __.��__.......__...----- �_._.._
Notify well owners of available financial assistance and grant funding availability for sealing wells. $2000
Provide well management information to assist with proper maintenance for wells. (Consultant fees,
City staff: fees postage and p rinting) _._...__...._
Write newsletter oa• newspaper articles to educate public on Proper use of lawn chemicals. Publish $1000
annually. (Consultant fees C ity Staff ices, publishi fees)
Develop web hags, on City's website for communicating proper usage of lawn and garden $1500
chemicals. (Consultant fees, City staff fees. web ices}
_ -1-1111- 1111._ 1111_. - -- _._..__. ..... 1111_-- 1111. - - - -- - _.._..._ - - - --
Develop list of current owners of high risk potential contamination sources. Survey status of high $1500
risk potential co sources. (Consultan fees, City staff fec,$)
.. __-. ._._..._ __ 1111_ __.._..___._.. __.._....
-- . -
Contact owners of high - isle potential contzan sources. Provide educational materials for $2000
maintenance of tanks and spill prevention (and spill response) requirements. Respond to questions
from tank owners and provide additional assistance, if needed. ( Consultant. fees. City staff fees,
postage and printing)
1111 -_._ 1111. .... �_... ...... 1111.
^ TO 1'A 1, $10,000
?. The total obligation of the STATI for all compensation and reiniburscment to (JRAN 'I"I?,F under'
this AGR.1 I- ML- NT shall not exceed $10,000 (ten thousand dollars).
13. Tarns of Pavment
I. The STATE' shall promptly pay the GRANTEE, after the GRANT FT' TI; presents an itemized
invoice for work actually performed, the State's Authorized Representative accepts the invoiced
work and the S'[WIT' is satisfied that the work has been completed according to the terms of'this
AGREEMENT. `fhc STATE can withhold payment for work that is unsatisfactory or illegal,
2. Invoices must be submitted using the form attached as 1`xhibit A, r hick is attached and
incorporated into this agreement and submitted to:
Attn: Cristina Covalsclli
Source Water Protection
Minnesota Department of Llcalth
PO Box 64975
St. Paul. MN 55164 -0075
3. If the Final Report is not received by the STATE before the end date of this AGREEN11 I ", the
GRANTEI "nay forfeit the Final Payment.
4. If necessitated by the nature of the project, a grantee is allowed to reallocate up to 10% of the
amount originally awarded for a given expense category to another approved category without
obtaining permission from the MDI -1. Should the grantee find it necessary to re- budget the grant
beyond the 10% reallocation allowance, a written or c -mail request must be submitted to the
MDI-1 for approval.
111. CONDITIONS OF PAYMENT All services provided by GRANTEE pursuant to this grant agreement
shall be performed to the satisfiaction of the STATE, as determined at the sold: discretion of its
Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances,
111.:- 01550 -14 (01110) Page 2
Page 77 of 80
Grans A: >_rcemcnl Number H.S0647
Between file Minncsnta I)CImitrttcnt ol'f IenItI) and City of'0A llm I leights
rules and regulations. The GRANTEE` shall not receive payment For work found by the STATE to be
unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation.
IV. I'IRMS OF ACIRT::I =; M;N1 . This grant agreement shall be effective on December 1, 2010, or upon the
date that the Final required signature is obtained by the STAVE;, pursuant to Minnesota Statute § 16C.05,
Subdivision 2, whichever occurs later, and shall remain in effect until June 30, 2012, or until all
obligations set forth in this grant agreement have been satisfactorily Fulfilled, whichever occurs first.
GRANTEIF understands that NO work should begin under this grant agreement until ALL required
signatuI•es have been obtained, and GRANTI11 is notified to begin work by the STATE"'S Authorized
Representative.
If the GRANTL E, does not commence the Project within six months ofthe LNecution Date of this
Agree n�cnt, the STATE reserves the right to cancel this agreement and reallocate the funds.
V. CANCI:,
A. If the GRAN"I"lIA' fails to comply with the provisions of this grant agreement, the STATE may
terminate this grant agreement without prejudice to the right of the STATh, to recover any money
previously paid, The termination shall be effective five business days after the STAT11` mails, by
certificd snail, return receipt requested, written notice of termination to the GRAN II I: at its lasf .
known address.
11, The STATE; or GRAN 1 I3L? nla.y cancel this grant agreement at any time, with or without cause, upoll
thirty ( 30) days writtcn notice to t:he other party.
VI. S`l,�n"1 U"S AND G RANT L "S AU "IT R1 1' 12.1 Sf N'I'A'1
• The 1 A I I:?'S Authorized Representative for the purposes of administrat of this grant a reement is
Randy 13llingboe, Manager, Section of Drinking Water Protection Section, or his successor. Such
representative shall have final authority for acceptance of GRAN I EE'S services and if such services are
accepted as satisfactory, shell so certify on each invoice submitted pursuant to Clause 11, paragraph 13.
• The GRANTI -.E'S Authorized Rcpresentativc for purposes of administration of this grant agreement is
1 ric .Johnson, City Administrator. The GRANTEL"S Authorized Representative shall have gull authority
to rcpre.sent { =IRAN 1 IL in its fulfillment of the terms, conditions and requirements of this grant
agreement.
VII. AS CrRANT'I I: shall neither assign nor t3�ansFei• airy rights or obligations under this grant
agreement without the prior written consent of the STATIC.
V111, A MEN DM ENTS Any amendments to this grant agreement shall be in writing, and will not be
cffectivc until it has been fully executed by the same parties who executed the original grant agreement,
or then' successors In office.
IX. LIABILIT GRANT'FE shall indemnify, save, and hold the STATE, its representatives and
employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by
the STATE, arising from the performance of this grant agreement by GRANTEI or GRANTEE'S agents
or employees. This clause shall not be construed to bar any legal remedies GRANTEI may have for the
S"TATI�'S failure to fulfill its obligations pursuant to this grant agreement. Nothing herein shall be
construed as a waiver by GRANTEE of any of'the immunities or limitations of liability to which
GRANTE"13 may be entitled to pursuant to Minnesota Statute Chapter 466 or pursuant to any other
statute or law.
Page 78 of 80
Gra ni Agreement 'N mher 13'50647
Between the Minnesota Depailinent of I Ie<ilth and C'io of , 0A Patin I 16ghts
X. S l AT AUDI The books, records, documents, and accounting procedures and practices of the
GRANTE'l? relevant to this grant agreement shall be made available and subject to examination by the
STATE', including the contracting Agency /Division, LJegislative Auditor, and State Auditor for a
rninimum period ol�six (6) years from the end of this grant term.
XI. DATA PR_ACTICI;S ACT' The GRAN"LTd and the STATE shalt comply with the Minnesota Data
Practices Act and other applicable laws as it applies to all data provided by the STATE: in accordance
with this grant agreement and as it applies to all data created, gathered, generated or acquired in
accordance with this grant agreement,
X11. OWNISRS11IIl' OF l: ', Ul_i?I ENT The STA'FE shall have the right to require transfer of all equipment
purchased with grant funds (including title) to the STATE or to an eligible non- S'FA"L'L: party named by
the S'I"A'Fli. "This right will normally be exercised by the S "'I'A'hl; only iI'the project or program fol
which the equihmcnt was acquired is transferred from one grantee to another
XIII. OWNURSI1 OF MATI" RIALS ANI.) PR01'1 RIG I "I'S
A. The S'fATI: shall own all rights, title and interest in all of the materials conceived or created by the.
GRAN`FE, or its employees or subgrantees, cither individually or jointly with others and which
a2'.ISC out C)ft.laC he3'ICI]`nla]aCL C}It�aiS €�ral7t agl eenlent, including any inventions, reports, studies,
designs, drawinga, specifications, notes. documents_ software and docunlentati oil, computer based
training modulc,s, e;lecironi.cally,, magnetically or digitally recorded material, and other yvork in
whatever form ("MATERIALS").
T'he GRANTEE h.creby assigns to the STATE all rights, title and interest to the MAfhRIALS.
GRANI'I�;l:: shall, upon request of the S" NIT, execute all papers and perform all other acts
necessary to assist the STATIi; to obtain and register copyrights, patents or other forms ofprotection
provided by law for the MMI13RIALS. The MATERIALS created under this grant agreement by the
GRANTEE, its employees or subgrantecs, individually orjointly with others, shall be considered
"works made for hire" as defined by the United ,States Copyright Act.. All of the MATT RIAL.,S,
whether in paper, electronic, or other form, shall be remitted to the STAFF' by the GRANT.I..1E. Its
employees and any sub- grantees shall not coley, reproduce, allow or cause to have the MATT RIAL,S
copied, reproduced or used #'or any purpose other than performance ofthe ORANT['F`S obligations
Loader this grant agreement without the prior written consent of the STA'I F S Authorized
Representative.
13. GRANTE11, represents and warrants that MATI_ RIAI.,S produced or used under this grant agreement
CIO not and will not infringe capon any intellectual property rights of another including but not limited
to patents, copyrights, trade secrets, trade names, and service marks and names. GI2ANT1,4`1 shall
indenanil -v and defend the S "] A "Tl, at C.LI2AN °I'LI:'S expense #i om any action or claim brought
against the STATI to the extent that it is based on a claim that all or parts of the MATERIALS
infringe upola the intellectual property rights of another. GRANTI I; shall be responsible for payment
of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not
limited to, reasonable attorney fees arising out of this grant agreement, amendments and
supplements thereto, which are attributable to such claims or actions. If such a claim or action arises
or in GRANT ✓'S or the STATI. "S opinion is likely to arise, GRANI'I3L shall at the ST'ATE'S
discretion either procure for the STATE. the right or license to continue using the MATERIALS at
issue or replace or modify the allegedly infringing MA'IE"RIAI.S. This remedy shall be in addition to
and shall not be exclusive of other remedies provided by law.
XIV. P UBLICITY Any publicity given to the Program., publications, or services provided resulting fron this
grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research,
IIFA1?50 -14 (01/10) Page 4
Page 79 of 80
Grant A�recmcnt Number ber 1350647
Iietween tha Minnesola Department ol'l Ioallh an (I Cilp of ozik I'nrk I ieighls
reports signs, and similar public notices prepared by or for the GRAN'11A., or its employees individually
or jointly with others, or any subgrantees shall identify the STATF', as the sponsoring agency and shell
not be released without prior written approval by the STA'TE'S Authorized Representative, unless such
release is a spcci ]ic hart of an approved work plan included in this grant agreement.
XV. E NDORSI MI3NT The Grantee must not claim that the S'T'ATI endorses its products or services.
XVI. WORK COMPT?NSA'T° The GRANTE',L, certifies that it is in compliance with Minnesota
Made §17& I S l , Subdivision 2. pertaining to workers' con -pensation insurance coverage. The
GRAN' L'PS employees and agents will not be considered STATE, employees. Any claims that nlay
arise under the Minnesota Workers' Compensation An on behalf of these employees and any claims
rri ade by any third party as a consequence of any act or omission on the part of these employees are in
no way the S "fA'1'1:;'S obligation or responsibility.
XVI1. ,t�gR AN1.) V . NCJ -? ']'his grant agreement, and amenM ents and supplements thereto, shall
he governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this
grant agreement, or breach theavoll shall be in the state or federal court with competent,jurisdiction in
Ramsey E,ounty, Minnesota.
IN WITN1;SS WHEREOF, the pariius have caused this t>,mM agreement to he duly exectual intends ng to be bound
thereby.
APPROVI_a):
GRANTEE.
77tre Grawce cerlifies Mal rbe. approp - mic persodis(s) lrare execrcred the
Cream ogreemew on behal l'q(Mv Grrrnice as regrrrrcd by rrp Vkwble
crrriclets, bs' /aws, reeso/1111017s. or nrrlinrrrrccrs_
S"I'xrE A {31: >N {'Y
Grant Agrceoww approv(d aw cerii imoori dint S7,47'E finds have been
Mic'rnnbered cr.s rcrluirerl by Alban. S7Yrt. ,¢ YJO P.15 arxl 10(.'.05.
BY:
"Mile:
Doe:
BY:
"title:
Doe:
Distribtrlion:
Agency - Origbml (Jirllr emctrled) Grant AgIvenfent
Grantee
Staie .I ahorizecl Representative
BY:
We:
Date:
(whh delegated awhorily)
111 - 015;0 -14 (01/10) hige 5
Page 80 of 80