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HomeMy WebLinkAboutMoelter Fly Ash Site - Redevelopment A 36071 Thurston Avenue N. Sote 130 Anol�a, 1VlN 53t? � Phone. 763.231.537 Facsimile° 763.427. 20 TPCa`tix`Pfanning Co. corn MEMORANDUM TO: Moelter Site Re- Development Task Force FROM: Scott Richards /Elizabeth Stockman DATE: January 18, 2012 RE: Oak Park Heights — A.S. King /Moelter Site, Valley View and Cover Parks — Park Planning TPC FILE: 236.08 January 23, 2012 — 5:30 PM — Meeting at City Hall The Moelter Site Re- Development Task Force held their sixth meeting on December 19, 2011 at City Hall. The Task Force discussed the revised site plans for the Moelter site and surrounding areas and provided direction to City Staff on what the final design should entail. Liz Stockman has taken the comments and provided a revised draft of the site plan. The plan has been further refined by Chris Long, the City Engineer and put into a draft format for the final document. Also, Mr. Long has created a map format that will incorporate all of Valley View Park. The Task Force should review these plans and provide comment. It is assumed that these plans are nearing the final drafts that can be recommended by the Task Force. Please find attached a memo from Liz Stockman where she requests the Task Force members complete their prioritization of park uses prior to the meeting on January 23 We would like to have all of the responses in advance of the meeting so that we can compile the results for discussion. Also, the memo highlights the discussions that we have had with Chuck Donkers about getting the project approved by Xcel and the State. Exhibits Please find as follows the Exhibits to this report: Exhibit 1: Proposed Plan — Moelter /Xcel Property Exhibit 2: Proposed Plan with Valley View Park Exhibit 3: Elizabeth Stockman — Narrative . . r Next Meeting For the January 23, 2012 meeting, the Task Force will meet at 5:30 PM at the Oak Park Heights City Hall. The purpose of the meeting is to discuss the revised site plans and provide comments so that they can be finalized. Staff will provide large scale copies of the plans at the meeting as a planning tool for the discussion. Also the Task Force should discuss the priority lists and make recommendations. We anticipate the final meeting of the Task Force will be in February. At that time the Task Force will recommend the final site plans, a narrative, the priority listing, cost estimates and timeline for implementation. 2 4 3801 Thurston Avenue N, urte 100 Anoka, MN 553033 Phone; 753.231 5840 Facsimile' 753.427,0520 TPC, PtannincgCo.con MEMORANDUM TO: Moelter Site Re- Development Task Force FROM: Elizabeth Stockman DATE: January 18, 2012 RE: Oak Park Heights — A.S. King /Moelter Site, Valley View and Cover Parks — Park Planning TPC FILE: 236.08 We are nearing the end of our very successful park planning project, as I anticipate only one or two more meetings before making a formal recommendation to the City Council. Prioritization of uses, finalization of the graphic plan and a written summary of recommendations will complete the Task Force's duties. I will work with Chuck Donkers and Chris Long to get the plan approved by Xcel Energy, as explained below. Prioritization of Park Uses. I sent out the e-mail request on January 4th asking for members' top six priorities regarding development of the Moelter site. I only received two responses and sent out a reminder e-mail on January 14 I received three more responses and would still like to get the input from the rest of you before the meeting! Here are the results thus far: 1. Two or three picnic shelters /tables and trees /landscaping around playground area 5 votes 2. Overlook structure(s), whether it be a single structure or series of benches along the ridge line 5 votes 3. Exercise course (generally 8 -12 stations with instructional signs) 4. Interpretive trail signs and maps describing property history, wildlife, etc. 2 votes 5. Remove chain link fencing at entrance to gravel access road (east end) and replace with knock- down bollards or a more aesthetic gate which allows access for Xcel employees but keeps other vehicles out 6. Replace Cover Park warming house and move to north end of Cover Park 4 votes 7. Create a pleasure skating area near the new warming house 8. Provide a new picnic shelter or other shade structure in Cover Park near playground 9. Multi -use concrete surface established within existing hockey rink area (Cover Park) 1 Vote 10. Trail access to new playground from existing trails and adjacent neighborhood(s) 1 vote 11. Trail access to overlook area and through center of Moelter property 2 votes 12. Trail access and /or steps up the hill from gravel access road, to provide an alternative, shorter trail route and a challenging trail segment 1 vote 13. Trail access to the south, through the eastern portion of Valley View Park toward the existing board walk 3 votes 14. Realignment /expansion of east parking lot near Cover Park (including a possible drop -off lane near warming house) 3 votes 15. Construction of west parking lot near Club Tara (Keep in mind that the City does not own the ROW along Highway 36 and the frontage road ends at the Club Tara property, so without the St. Croix River Bridge /Highway 36 Realignment Project, or shared driveway access through the Club Tara property, this parking lot may not be feasible.) 1 Vote 16. Establish bird feeding stations, Blue Bird houses, nesting platforms, etc. 1 vote 17. Native plant species established to attract wildlife in selected areas 1 vote 18. Formal garden and new sign at park entrance area off of Beach Road /CSAH 23 19. Baseball and soccer field Approval of the Plan by Xcel Energy. I met with Chuck Donkers on January 17, 2012 and got the information needed to proceed in getting Xcel approval of our plan. His dedication to this project has been so beneficial and his help in getting it approved before the chief Xcel engineer retires is beneficial so the plan does not sit idle on their end. It is a pretty painless process, but will require Chris Long, the City Engineer, to be involved to create a few simple specs on the planned picnic shelter design and overlook building. This is a generic construction spec rather than the architectural design, showing slab on grade and no disturbance to the sand layer located above the liner. We also need a trail section detail and parking lot standard. Other than that, I will write a short narrative which describes the plan and overall goals. Chuck says that there are no red flags on the plan as it looks now, provided we are not including any irrigation, water features, or utility line changes. The priorities and /or the order in which things are built is not important to Xcel. The priority listing is only geared toward giving the City Council some direction in the short term. Once Xcel approves our plan, then all that's required at the time of construction is a 10 -day notice to Xcel in writing that we are building. 2 1 l . r ow= ai... mow. .... ......, ..... ..m.I. mow ammo vommwo 'row wow • num ammo mama oil 1 .0. . "" ....m. ... I I I II %Iv 40 e el.. 44N, q 11111 I - - .4■• I I 'V / I •• V / i 1 . . ' I 'G. , ... .... 0 \0 t .2. / 1r ,..............• ,.... ....... .... "- ••••__•- a * ii ,-..----' 8 ilk ....." ---x---x-x-. iz li_ 1 1 a \C14 r I L • .....„. „....... . *.i....k /ft S,IC \ i csa I '<4\ ■ _ .0 , . 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MN 55303 Phone: 763.231 .5840 Facsimile: 763.42 7.0520 TPC @PlanningCo.com MEMORANDUM TO: Moelter Site Re- Development Task Force FROM: Scott Richards /Elizabeth Stockman DATE: October 12, 2011 RE: Oak Park Heights — A.S. King /Moelter Site, Valley View and Cover Parks — Park Planning TPC FILE: 236.08 October 17, 2011 — 5:30 PM — Meeting at City Hall The Moelter Site Re- Development Task Force held their third meeting on September 20 2011 at City Hall. The Task Force discussed the Moelter Site, determined that the focus of the park planning was to create a City park and not a regional facility and discussed rankings of recommended park features. It was determined that an email should be sent out to enable the Task Force members that were not present to also vote on their top five park features for the Moelter site. The results of the rankings of all of the Task Force members are as follows: Summary of Survey Results - Fall 2011 Showing Park Features Desired For Moelter Site Total Rank Type of Park Use Number of Votes Trails, including easterly access 11 1 Natural Planting Areas/Wildflowers 9 2 Exercise Course 6 3 Scenic Overlook 5 4 Parking for Club Tara Area and Park 4 Multi -Use Structure 4 (pavilion, picnic shelter, warming_ house) 5 Relocate Cover Park Ice Rink 4 Bird Sanctuary 4 Dog Park 4 Play Equipment, to serve neighborhood(s) to west 3 6 Playfields — soccer /football, baseball /softball 3 Formal Gardens 2 7 Ampitheater, with seating 1 8 Splash play area/water feature 0 9 *The results included herein encompass the votes of Park Commissioners, Moelter Site Re- Development Task Force Members, and one City Council Representative. Each was asked to list his /her top 5 choices from the list provided. This list should be used as the basis for the continuing park planning effort. Next Meeting For the October 17, 2011 meeting, the Task Force will meet at 5:30 PM at the Oak Park Heights City Hall. The purpose of the meeting is to discuss the rankings listed above and to begin the park planning process. A planning map of the area, with Valley View and Cover Park included, has been attached for your consideration as you consider the rankings and possible placement of these items in the park. Additionally please find attached the area plan from the 2008 Park and Trail System Plan. Staff will provide a large scale map of the area at the meeting along with scaled park features such as park shelters, playgrounds, parking areas. We will use this as a planning tool so that the Task Force members can begin the process of locating these features. We will also draw on the map potential locations for trails and other features. Additionally, the Task Force discussed potential park names for the Moelter Site. 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' YAM - a !:, � . a , - r -, f y .. - - 3 4 c # :air.., a ; ,rs i . «_ es gp$ as i°i ! � .. • arg e. fc • s . v tro _... r ;I, I 0. r v IN ( ✓ t 1 • r 4. r 1_-- -y P' a x #a 4' _ t T'sr 1 - 6 r 1 i " I a Y 4 ' , '`' ' 1,i'..-1 spa ' ` Of a. y +b 1 "''�.'. • � 1 - `'�7M�M"'ip .. . t 1 v .• S'1Y �1 ' .: , ' om r .,. .. .. 1 . . i. ._ ' misilla : / " ''.. 1 . ,.,:, ap. . : „1 , , , fr , p,, , . ,. _ Ili : t °I ;Cry} r ° a .. -. k ir,47 , i b M1 � : T IP IL .' ' ' , ft , r * 0 I . s''# . 1121 011 -. b Ala ,.. • ' it • e t ) W>p. • City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 September 12, 2011 MEMO TO: Moelter Site Task ' orce FROM: Eric Johnson, Ci Ad t'� • . r RE: Use of Property — el Lice • A • ement. The purpose of this memo is to bring Task Force up o speed on another critical aspect of this site /project, being the contractual requirements between the City and Xcel Energy that would permit any final development proposal or subsequent park use. In a nutshell the City would be assuming certain rights to utilize this property �' g P P rry for parkland/recreational purpose for fifty to seventy years. This permission would be conveyed to the City via a "license agreement" and I have attached a draft version of such agreement. At this time the City Attorney is negotiating with Xcel Energy legal counsel to complete this document. (I have attached a DRAFT version of the document) While the above considerations are typical, there is one parameter of the discussion that the City must deal with and that being a requirement from Xcel Energy that should Xcel Energy for any reason need to access the fly -ash material (such as to deal with an MPCA remediation order) that Xcel Energy would have the absolute right to remove City installed improvements without compensation to the City. Inherently, this concept does immediately establish some additional limitations on the site as the City may be hesitant to invest funds onto lands that could only be removed without guaranteed compensation. (See Sec. 16). From a planning perspective, the Task Force should continue with its efforts as it is additionally charged with examining how the Moelter Site interacts with the two surrounding park facilities of Cover and Valley View Park. Further, this risk could be mitigated with proper planning and coordination with Xcel Energy. The Task Force should discuss this matter detail with Mr. Donkers (Xcel Representative) at its meeting slated for September 20th. LICENSE AGREEMENT THIS LICENSE AGREEMENT, (the "Agreement") dated effective the day of , 2011, is by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation, d/b /a Xcel Energy, at an address of 414 Nicollet Mall, Minneapolis, MN 55401 (hereinafter referred to as "Licensor ") and the CITY OF OAK PARK HEIGHTS, a municipal corporation, at an address of (hereinafter referred to as "Licensee "). WITNESSETH Licensee desires to use Licensor's roe de ice on AEI t A WHEREAS, Licensee property rty P (the "Property") for various activities as described below; and WHEREAS, Licensor is willing to permit Licensee the use of Licensor's property on a non - exclusive basis, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, Licensor and Licensee agree as follows: 1. Grant of Right of Entry. Licensor hereby grants to Licensee the non - exclusive right to enter upon and use the Property owned by Licensor. Such right of entry is granted only during the time periods listed in this Agreement as set forth in Section 2 below, and only for the purposes set forth in Section 3 below. 2. Term. The term of this Agreement shall be from January 1, 2011 through December 31, 2061, unless sooner terminated by Licensor. Licensor may terminate this Agreement only if the Minnesota Pollution Control Agency (MPCA) or any other regulatory agency requires Licensor to remove its fill material from the site; Licensor must then provide Licensee with prior written notice of Licensor's intent to terminate this Agreement. If this License is not terminated by December 31, 2061, it shall automatically renew for an additional 20 year period, subject to the foregoing termination provision. 3. Allowed Uses/Restrictions. • Use of Property: a) Licensee may use the Property for traditional public park purposes that do not penetrate /disturb the surface. Any shelter structures shall be constructed on floating concrete slabs or other non- permanent foundation systems that do not penetrate the ground surface by more than two feet (2'). b) Licensee shall make no ground elevation changes to the Property or construct any -d closure plan approved by the MPCA. structure, trails, etc. without an amende cl ure pl pp y 1 c) The grant to Licensee under Paragraph 1 herein shall extend to Licensee's employees, agents, independent contractors, subcontractors, volunteers, invitees, and suppliers. d) Licensee shall install signage on the Property to notify members of the public and others of access restrictions, access hours, emergency contact information, park identification and other items as set forth in this Agreement. The signage and non - permanent shelter structures will not penetrate the ground more than two feet (2'). Licensee shall ensure all signage and any other items or equipment that are located or installed on the Property by the Licensee for the Permitted Use will be removed prior to the expiration or termination of the Agreement. e) Within the scope of parkland activities of the Licensee identified within its comprehensive plan, the Licensee shall make reasonable efforts, consistent with City Park management practices, to ensure the Property is kept free of rubbish, waste, debris and kept in a neat, safe and orderly condition. Licensee shall also ensure that the Property will be cleaned of any trash or deb kl }' .e y and the surrounding areas will be returned to Licensor in a • . table condition prior to the expiration or termination of the Agreement. Upon expiration or termination of the Agreement, Licensee shall reasonably restore the Property to its original condition by removing all above- ground structures, signage and equipment. Surface improvements (e.g. trails, asphalt, etc.) can remain in place. f) Licensee may not store pesticides, herbicides, or any other chemicals or biological agents ( "Agricultural Chemicals ") on the Property, or store any petroleum products on the Property. Licensee shall use all Agricultural Chemicals according to approved U. S. Government label instructions and properly dispose of all Agricultural Chemical containers according to applicable government regulations. Licensee may not dispose of any trash, chemicals or other substances on the Property, and may not use any part of the Property for landfill purposes, but may place refuse receptacles upon the property for public use. g) The Property shall not be used in any manner or form inconsistent with the allowed use of the Property stated herein or as may be permitted by subsequent agreements. h) Licensee shall use its best efforts to ensure that all vehicular traffic shall be limited to existing roads on the Property. No motorized vehicles, recreational vehicles, commercial vehicles or trailers shall be parked or stored on the Property by Licensee or anyone else pursuant to this Agreement. No equipment shall be stored on the Property by Licensee. 2 i) Licensee shall bear the entire cost associated with its Permitted Use and securing MPCA approval, if required, for SW -54 Closure Plan modifications; Licensor's contributions to this effort will be limited to the resources of Licensor's staff. j) Licensor shall bear the cost of closed landfill inspections and maintaining the non- park areas identified in Attachment A. 1) k) Licensor and the Minnesota Pollution Control Agency (MPCA) reserve t 4 to approve or deny proposed plan(s) and construction drawing(s) for the Perin Use Licensor and the MPCA reserve the right to request mortification to the plan(s) and drawing(s) when it is necessary to protect the Property. 1) Licensee shall use its best efforts to ensure that there shall be no overnight parking or camping on the Property. 4. Insurance. Licensee shall be utilizing this Property for the purposes of a public park. The Licensee shall extend and maintain its current insurance coverage for Licensee's operations onto the Property in the amount of One Million and Five Hundred Thousand Dollars ($1,500,000.00 aggregate) and will name Licensor as an additional insured, which coverage shall be evidenced by a Certificate of Insurance provided to Licensor prior to access to and occupation of the Property. In addition, Licensee shall maintain workers' compensation coverage at statutory limits. 5. Compliance with Laws, Rules & Regulations. At its sole cost and expense, Licensee shall give all, necessary notices and obtain all required permits, licenses, authorizations and approvals and shall comply and ensure that all of its employees, agents, independent contractors, subcontractors, suppliers, invitees and representatives comply with all applicable federal, state and local laws, ordinances, governmental rules and regulations relative to the operations under this Agreement, including those relating to the preservation of the public health and safety, employment laws, environmental laws, zoning, ordinances, rules and regulations and those within the Occupational Safety and Hazard Act (OSHA). Licensee shall be liable for any fines or assessments levied thereunder against Licensee resulting from its acts or omissions hereunder. 6. Safety. Licensee shall identify hazardous and potentially ty trfy p ally hazardous areas on or about the Property and shall inform its employees, independent contractors, subcontractors, suppliers, invitees and representatives and members of the public so as to safeguard against any and all hazards or other safety risks. 7. Costs. Licensee s , all timely pay all fees, taxes, wages, salaries and other charges and expenses in any manner associated with this Agreement. 8. Security. Licensee shall provide all reasonable security it deems necessary to protect the Licensee's permitted uses. Licensor shall have no liability, except due to 3 Licensoe's gross negligence or willful misconduct, for any injury, loss or damage arising out of Licensee's failure to properly provide such security. 9. Partnership or Joint Venture. Nothing in this Agreement shall be interpreted or construed as a partnership or joint venture between Licensor and Licensee concerning Licensee's operations on the Property. 10. Licensee to Indemnify. (a) (i) As used in this License, the terra "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. (ii) As used in this License, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) actual damages. (b) Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury ac occurring, as a result of or arising from, the Licensee's permitted uses or rel e (i) this License; VS* (ii) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric power generation, transmission, or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities or associated byproducts located on the Property; or (iii) the Licensee's or any other person's presence at the Property as a result of or related to this License. (c) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of the Licensee or its contractors, subcontractors, or their employees; (ii) Claims arising from, or alleged to be arising in any way from, the existence at or near the Property of (1) electric power generation, 4 transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials; (5) any hazardous materials, regardless of origin; or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of the Licensee, its invitees, employees, licensees, agents, contractors, invitees and other persons. • 11. Covenant Not to Sue. Licensee, for itself and its representatives, s . t sors, and assigns, does hereby covenant and agree not to sue or bring any action ( qv - , or not) against Licensor for injuries sustained to Licensee's person and prope 4 t , person and property erty of Licensee's employees, agents, independent contrac P P P subcontractors, invitees, suppliers, representatives, customers or members of the public due to or in anywise growing out of or connected directly or indirectly with Licensee's stated and associated activities and presence in and about the Property except due to Licensor's gross negligence or willful misconduct. 12. Licensee's Sole Risk and Expense. Licensee agrees that use of the Property by the Licensee hereunder, or its employees, licensees, agents, contractors, subcontractors, i invitees, suppliers and other persons and members of the public, shall be at the sole risk and expense of Licensee. 13. Services. The Property, including any improvements thereon, is "as is." Any service to or on the Property shall be at the sole expense of the Licensee, including, but not limited to, permits, licenses, fees and any associated costs of "hook -up ", and must be approved by Licensor in advance. 15. Distance and Height Requirements. The Licensee shall construct and use the Property so as to maintain the maximum distance between the Permitted Uses and the Licensor's electric, natural gas, and/or railroad facilities, or other facilities located on the Property, allowable by the height, width and terrain of the Property. If the Permitted Uses crosses over or under the Licensor's electric, natural gas, and/or railroad facilities the crossing shall be as directed by the Licensor. Notwithstanding the foregoing, minimum vertical and horizontal separations, as directed by the Licensor, shall be maintained on all crossings and parallel encroachments. Licensor shall provide Licensee with a master list of required distances from identified facilities of Licensor and a map identifying same which shall be attached hereto as Exhibit B. 16. Removal and Relocation. The Licensor can remove at its own expense all items from the Property, or any part thereof, installed or otherwise on the Property pursuant to this License, or relocate the same to a different location on the Property if the Permitted Use should interfere, in the Licensor's sole and absolute discretion, with the operation and maintenance of the Licensoe's facilities as now or hereafter constructed. In the event that the Licensee's use of the Property should, in the reasonable judgment of the Licensor, 5 constitute a hazard to the Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Permitted Use to eliminate such interference or hazard, and may suspend the Licensee's right to use the Property under this License until such removal, relocation, or modification is completed. If Licensee's items constitute a hazard to the Licensor's facilities or the general public, then any removal, relocation or modification of Licensee's items installed on the Property shall be at Licensee's expense. 17. Licensoes Electric Power Advisory. The Licensee agrees and understands that the Licensor may have constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on el a 3 11 be insulated. The Licensee shall advise all of its employees, licensee s k 4° ors, subcontractors, invitees, suppliers and other persons, including members bers o f the public, who enter u pp p ns, g m m of is p l, w pon the Property, pursuant to the provisions of this License, of the existence and nature of such electric facilities and the potential danger and risk involved. 18. Disclaimer of Warranty. Licensor makes no representation as to the suitability of the Property for the Permitted Use and no such representation, or any other representations, are made by Licensor or shall be implied by operation of law or otherwise. Additionally, Licensor shall have no responsibility or liability, of any kind, type, nature or description on account of the failure, cessation or termination of electric service to the Property; on account of inadequate or improper functioning of the equipment of Licensee; on account of any interference, regardless of source, with the exception of interference caused by any of Licensor's equipment that is not operating within its own specific license parameters, with signals transmitted from the equipment of Licensee, of any kind, type, nature or description, including by way of illustration but not limitation, loss or damage due to fire, water, windstorm, hail, lightning, earthquake, riot, vandalism, theft, acts of contractors, acts of agents or employees or others utilizing the Property, or for any other cause whether originating from, within or without the communications system of the Licensee. Further, the Licensor shall have no liability or responsibility of any kind, nature or description for maintenance, repair, restoration or renovation of the equipment of the Licensee. 19. Assignment. Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this Agreement. Any such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this Agreement immediately without written notice. 20. Licensor's Reserved Rights. Licensor reserves the right, at any time and from time to time, to make such use of the Property as it may desire, at its sole discretion and for any purpose, including, but not limited to, the construction, operation or maintenance of its electric power generation, transmission or distribution and appurtenant facilities 6 located or to be located on the Property. Licensor further reserves the right to deposit water, construction site slurry, and vegetation debris on the Property. In the exercise by Licensor of all of the foregoing rights, Licensor will use its best efforts not to materially interfere with the Permitted Use. Unless Licensor must act immediately due to a threat to human health or a threat to the environment, Licensor will provide at least six (6) months of notice to Licensee if it exercises the foregoing rights or any other rights of Licensor to enter into or use the Property. However, Licensor shall not in any event be liable for inconvenience, annoyance, disturbance or other damage to Licensee, or the Permitted Use, by reason of the exercise of the foregoing rights or any other rights of Licensor to enter into or use the Property, and the obligations of Licensee under this License shall not be affected in any manner. The City does not release or relinquish any other zoning, land- use, police or other legal authority over the property or it's Licensor as a result of this License. 21. Encumbrances. Licensee shall keep the Property free and c ear of any and all liens and encumbrances arising or which might arise, for any reaso Su, : • f i s see occupancy and use of the Property by anyone in connection with the ' e r s' 22. Entire Agreement This Agreement and Exhibit attached hereto and by this reference incorporated herein, constitute the full and complete understanding of the parties regarding the subject matter hereof. This Agreement shall supersede and replace all prior or contemporaneous oral or written agreements, correspondence or understandings. Any modification or amendment of this Agreement must be made in writing and executed by both parties hereto. 23. Amendment. This Agreement may be amended only by a written amendment signed by both parties. 24. Licensed Interest Only. This License does not convey an interest in real property. 25. Non - Transferable Right. This License shall not pass with title to Licensee's personal property or improvements and shall not run with the Property. 26. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 28. Binding Effect. All the terms, conditions and covenants of this Agreement shall be binding and shall inure to the benefit of the successors and assigns of the parties hereto. END OF AGREEMENT 7 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the dates indicated below: NORTHERN STATES POWER COMPANY, a Minnesota corporation d/b /a Xcel Energy By. ! � DRA Fr Greg P. Chamberlain } Portfolio Delivery & Integration Xcel Energy Service Inc. Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b /a/ Xcel Energy Agreed to and accepted by the Licensee this day of , 2011. CITY OF OAK PARK HEIGHTS, a municipal corporation By: Its: • • 8 1 ,, T 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile- 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Moelter Site Re- Development Task Force FROM: Scott Richards DATE: September 14, 2011 RE: Oak Park Heights — A.S. King /Moelter Site, Valley View and Cover Parks — Park Planning TPC FILE: 236.08 September 20, 2011 — 5:30 PM — Meeting at City Hall The Moelter Site Re- Development Task Force held their second meeting on August 15 2011 at Cover Park. The Task Force was able to walk the Moelter Site and establish a sense of the property, including its limitations and opportunities. For the September 20, 2011 meeting, the Task Force will meet at 5:30 PM at the Oak Park Heights City Hall. The purpose of the meeting is to discuss impressions of the property from the August 15 walk through, consider the focus of the park and conduct a needs assessment. Mark Vierling, the City Attorney has been working with Xcel on a Moelter Site Use Agreement. One item of concern is within the Removal and Relocation section of the agreement. There is a statement that Xcel can remove at its own expense or relocate all items from the property that Xcel determines interferes with the operation and maintenance of the Moelter Site. The City Attorney has cautioned the City Council that there may be risks in placing significant investment into the property if Xcel can remove or relocate those improvements at any time. Eric Johnson has sent a separate memo on this issue and will be present to discuss this issue further with the Task Force. Impressions Based upon the walk through on August 15, the Task Force should list out the positive aspects of the property and the negative. From that we can list the limitations of the site and the opportunities. Liz Stockman and I will facilitate the discussion. The Task Force should consider this in advance and review the maps and plans that have been provided to you at the previous meetings. Park Focus` The first step in the park planning process is to discuss what will be the focus of the park. Should this site serve only the residents of Oak Park Heights or should it be a regional facility? Should it feature active or passive activities, or a combination of both? Active playfields for soccer, baseball or softball, or an amphitheater would be facilities that would be appropriate for a regional type of park. Additional trails, play equipment, picnic pavilions, or natural plantings would serve more local needs. The Task Force should provide direction on this issue early in the planning process in that it will be necessary in defining the final park plan. It is our intent to establish this focus by the end of the September meeting. Needs Assessment The 2008 Comprehensive Park and Trail System Plan addressed park planning for the Moelter Site with a very basic plan. It was anticipated that once the site had been capped by Xcel Energy, a more detailed park planning process would be conducted. The plan included a number of suggestions for development of the park. The sections of the 2008 Comprehensive Park and Trail System Plan related to the Moelter Site as well as Cover Park and Valley View Park were attached in the packet for the August meeting. Additionally, a Conceptual Master Plan for the Moelter Site was done by Xcel Energy in 2004. That plan had been distributed to the Task Force with the first meeting packet in July. If you wish, please bring the previous meeting packets for reference. The park improvements that have been discussed for this site include the following: Potential Park Improvements: A. 2008 Comprehensive Park and Trail System Plan 1. Pavilion /picnic shelters 2. Parking areas for pavilion and Club Tara 3. Playfields for soccer, baseball, and softball 4. Amphitheater with terraced seating 5. Additional trails 6. Formal garden areas 2 B. 2004 Conceptual Master Plan — Xcel 1. Parking area 2. Circulation within site, trail access and service /emergency vehicle access 3. Network trail system 4. Park pavilion 5. Amphitheater /band shell 6. Scenic overlook /observation structure 7. Natural gardens and prairie /wildflower restoration C. Other Ideas 1. Play equipment to serve adjacent neighborhood to the west of site 2. Dog park 3. Splash play area 4. Bird sanctuary 5. Exercise course. 6. Others The Task Force should discuss these potential park facilities, suggest others, and then prioritize them to provide direction for a final park plan. Staff will assist the Task Force in the prioritization process. 3 f City of Oak ?ark Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park 1.1eiOhts, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 August 18 2011 MEMO \� TO: City Council Members FROM: Eric Johnson, City Ad inistrator RE: Moelter Site Use Agreement Attached you will find a draft copy of the Moelter Site Use Agreement which will allow the City r Y present to c, in some e uses of the site. City Attorney Mark Vierlin will be at the e e t engage n so n park land s s s L y y �, p workshop on 8/23/11 to discuss the specifics of the document in some detail. The major issue being the aspects of when the city would be required to remove or replace such facilities should Xcel Energy he required to access the site / penetrate the cap. Page 29 of 40 • .{ LICENSE AGRi.,rM1,N'T • THIS LICENSE AGREEMENT, the "Agreement ") dated effective the day of 2011, is by and between NORTHERN STATES POWER COMPANY, a corporation, d /b /a Xcel Energy, at • an address of 414 Nicollet Mall, Minneapolis, MN 55401 (hereinafter referred to as "Licensor ") and the CITY OF OAK PARK HEIGTITS, a municipal corporation, at an address of � (hereinafter referred to as "Licensee "). WITNESSETH WHEREAS, Licensee desires to use Licensor's property depicted on Exhibit A (the "Property ") for various activities as described below; and WHEREAS, Licensor is willing to permit Licensee the use of Licensor's property on a non- exclusive basis, subject to the terms and conditions of this Agreement. NOW, TH.ER.EFOR]E, in consideration of the mutual covenants and obligations set forth herein, Licensor and Licensee agree as follows: . • 1. Grant of Might of Entry. Licensor hereby grants to Licensee the non - exclusive right to enter upon and use the Property owned by Licensor. Such tight of entry is granted only during the time . periods listed in this Agreement as set forth in Section 2 below, and only far the purposes set forth in Section 3 below. 2. _ern. The tern of this_ Agreement shall be from January 1, 2011 through December 31, 2061, unless sooner terminated by Licensor. licensor may terminate this Agreement only if the Minnesota Pollution Control Agency (MPCA) or any other regulatory agency requires Licensor to remove • its 1111 material from the site; Licensor Y "1/ must then provide Licensee with prior written notice of Licensor's intent to terminate this Agreement. If this License is not terminated by December 31, 2061, it shall automatically renew for an additional 20 year period, subject to the foregoing termination provision. • 3. Allowed Uses /Restrictions. Use of Property: a) Licensee may use the Property for traditional public park purposes that do not penetrate /disturb the surface. Any shelter structures shall be constructed on floating concrete slabs .or other non - permanent foundation systems that do not penetrate the ground surface by more than two feet (2'). • b) Licensee shall make no ground elevation changes to the Property or construct any structure, trails, etc. without an amended closure plan approved by the MPCA. Page 30 of 40 c) The grant to :Licensee under Paragraph 1 herein shall extend to Licensee's employees, agents, independent contractors, subcontractors, volunteers, invitees, and suppliers. d) . Licensee shall install signage on the Property to notify members of the public and others of access restrictions, access hours, emergency contact information, park identification and other items as set forth in this Agreement. The signage and non- permanent shelter structures will not penetrate the ground more than two feet (2'). Licensee shall ensure all signage and any other items or equipment that are located • or installed on the Property by the Licensee for the Permitted Use will be removed prior to the expiration or termination of the Agreement. e) Within the scope of parkland activities of the Licensee identified within its • comprehensive plan, the Licensee shall make reasonable efforts, consistent with City Park management practices, to ensure the Property is kept free of rubbish, waste, debris arid kept in a neat, safe and orderly condition. Licensee shall also ensure that the Property will be cleaned of any trash or debris and the Property and the surrounding areas will be returned to Licensor in a cleaned and respectable condition prior to the expiration or termination of the Agreement. Upon expiration or termination of the Agreement, Licensee shall. reasonably restore the Property to its original condition by removing all above - ground structures, signage and equipment. Surface improvements (e.g. mils, asphalt, etc.) can remain in place. t} Licensee tray not store pesticides, herbicides, or any other chemicals or biological. agents ( "Agricultural Chemicals ") on the Property, or store any petroleum products on the Property. Licensee shall use all Agricultural Chemicals according to approved U. S. Government label instructions and properly dispose of all Agricultural Chemical containers according to applicable government regulations. Licensee may not dispose of any trash, chemicals or other substances on the Property, and. may not use any part of the Property for landfill purposes, but may place refuse receptacles upon the property for public use. g) The Property shall not be used in any manner or form inconsistent with the allowed use of the Property stated herein or as ina.y be permitted by subsequent agreements. h) Licensee shall use its best efforts to ensure that all vehicular traffic shall be limited to existing roads on the Property. No motorized vehicles, recreational vehicles, commercial vehicles or trailers shall be parked or stored on the Property by Licensee or anyone else pursuant to this Agreement. No equipm.ent shall be stored on the Property by Licensee. 2 Page 31 of 40 • • i) Licensee shall bear the entire cost associated with its Permitted Use and securing MPCA approval, if required, for SW -54 Closure Plan modifications; I.,icensor's contributions to this effort will be limited to the resources of I:,icensor's staff. j) Licensor shall bear the cost of closed landfill inspections and maintaining the non- park areas identified in Attachment A. • • k) Licensor and the Minnesota Pollution Control Agency (MPCA) reserve the right to approve or deny proposed, plan(s) and construction drawing(s) for the Permitted. • • Use. Licensor and the MPCA reserve the right to request modifications to the plan(s) and drawing(s) when it is necessary to protect the Property. 1) Licensee shall use its best efforts to ensure that there shall be no overnight parking or camping on the Property. 4. Insurance. Licensee shall be utilizing this Property for the purposes of a public • park. The Licensee shall extend and maintain its current insurance coverage for • Licensee's operations onto the Property in the amount of One Million and Five Hundred Thousand Dollars ($1,500,000.00 aggregate) and will name Licensor as an additional insured, which coverage shall be evidenced by a Certificate of Insurance provided to Licensor prior to access to and oecupation of the Property. In addition, Licensee shall maintain workers' compensation coverage at statutory limits. 5. Compliance with Laws _._Miles & Regulations. At its sole cost and expense, Licensee shall give all , necessary notices and obtain all required permits, licenses, authorizations and approvals and shall comply and ensure that all of its employees, agents, independent contractors, subcontractors, suppliers, invitees and representatives comply with all applicable federal, state and local laws, ordinances, governmental rules and regulations relative to the operations under this Agreement, including those relating to the preservation of the public health and safety, employment laws, environmental laws, zoning, ordinances, rules and regulations and those within the Occupational Safety and Hazard Act (OSHA). Licensee shall be liable for any fines or assessments levied thereunder against Licensee resulting from its acts or omissions hereunder. 6. Safety. Licensee shall identify hazardous and potentially hazardous areas on or about the Property and shall inform its employees, independent contractors, subcontractors, suppliers, invitees and representatives and members of the public so as to safeguard against any and all hazards or other safety risks. 7. Costs. Licensee shall timely pay all fees, taxes, wages, salaries and other charges and expenses in any manner associated with ibis Agreement. 8. Security. Licensee shall provide all reasonable security it deems necessary to protect the Licensee's permitted uses. Licensor shall have no liability, except due to 3 Page 32 of 40 Licensor's gross negligence or willful misconduct, for any injury, loss or damage arising out of Licensee's failure to properly provide such security. 9. Partnership or Joint Venture. Nothing in this Agreement shall be interpreted or construed as a partnership or joint venture between Licensor and Licensee concerning Licensee's operations on the Property. 10. Licensee to Indemnify. (a) (i) As used in this License, the term. "Claims" moans (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and • expenses; and (4) any and all other costs or expenses. (ii) As used in this License, the term "Injury" means (1) death, personal injury, or property damage; (2) Loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) actual damages. (b) Licensee covenants and agrees to at all tirnes protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising fioin, alleged to arise from, or related to any Injury actually occurring, as a result of or arising from, the Licensee's permitted uses or related to (i) this License; (ii) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric power generation, transmission, or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility faoili.ties or associated byproducts located on the Property; or (iii) the Licensee's or any other person's presence at the Property as a result of or related to this License. (c) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of the Licensee or its contractors, subcontractors, or their employees; (ii) Claims arising from, or alleged to be arising in any way from, the existence at or near the Property of (1) electric power generation, 4 Page 33 of 40 transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials; (5) any hazardous materials, regardless of origin; or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of the Licensee, its invitees, employees, licensees, agents, contractors, invitees and other persons. 11. Covenant Not to Sue, Licensee, for itself and its representatives, successors, and assigns, does hereby covenant and agree not to sue or bring any action (whether legal or not) against Licensor for injuries sustained to Licensee's person and property or the person and property of Licensee's employees, agents, independent contractors, subcontractors, invitees, suppliers, representatives, customers or members of the public due to or in anywise growing out of or connected directly or indirectly with Licensee's stated and associated activities and presence in and about the Property except due to Licensor's gross negligence or willful misconduct. 12. Licensee's Sole Risk a Td Isxpepse. Licensee agrees that use of the Property by the Licensee hereunder, or its employees, licensees, agents, contractors, subcontractors, invitees, suppliers and other persons and members attic public, shall be at the sole risk and expense of Licensee. 13. Services. The Property, including any improvements thereon, is "as is." Any service to or on the Property shall be at the sole expense of the Licensee, including, but not limited to, permits, licenses, fees and any associated costs of "hook -up ", and must be approved by Licensor in advance. 15. Distance and Height Requirements. The Licensee shall construct and use the Property so as to maintain the maximum distance between the Permitted Uses and the Licensor's electric, natural gas, and /or railroad facilities, or other facilities located on the Property, allowable by the height, width and terrain of the Properly. If the Permitted Uses crosses over or under the Licensor's electric, natural gas, and /or railroad facilities the crossing shall be as directed by the Licensor. Notwithstanding the foregoing, g g, minimum vertical and horizontal separations, as directed by the Licensor, shall be maintained on all crossings and parallel encroachments. Licensor shall provide .Licensee with a master list of required distances from identified facilities of Licensor and a map identifying same which shall be attached hereto as Exhibit 13. 1.6. Removal and Relocation. The Licensor can remove at its own expense all items from the Property, or any part thereof, installed or otherwise on the Property pursuant to this License, or relocate the same to a different location on the Property if the Permitted Use should interfere, in the Licensor's sole and absolute discretion, with the operation and maintenance of the Licensor's facilities as now or hereafter constructed. In the event that the Licensee's use of the Property should, in the reasonable judgment of the Licensor, 5 Page 34 of 40 constitute a haaud to the Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Permitted Use to eliminate such interference or hazard, and may suspend the Licensee's right to use the Property under this License until such removal, relocation, or modification is completed. If Licensee's items constitute a hazard to the Licensor's facilities or the general public, then any removal, relocation or modification of Licensee's items installed on the Property shall be at Licensee's expense. • 17. Licensor's Electric Power Advisory. The Licensee agrees and understands that the Licensor may have constructed electric power generation, transmission, distribution, or • related. facilities on the Property, the Licensee has been hilly advised by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines may not be insulated. The Licensee shall advise all of its employees, licensees, agents, contractors, subcontractors, invitees, suppliers and other persons, including members of the public, who enter upon the Properly, pursuant to the provisions of this License, of the existence and. nature of such electric facilities and the potential danger and risk involved. 18. Disclaimer of Warranty. Licensor makes no representation as to the suitability of the Property ±or the Permitted Use and. no such representation, or any other representations, are made by Licensor or shall be implied by operation of law or • otherwise. Additionally, Licensor shall have no responsibility or liability, of any kind, • type, nature or description on account of the failure, cessation or termination of electric • service to the Property; on account of inadequate or improper functioning of the equipment of Licensee; on account of any interference, regardless of source, with the exception of interference caused by any of Licenser's equipment that is not operating within its own specific license parameters, with signals transmitted from the equipment of Licensee, of any kind, type, nature or description, including by way of illustration but not limitation, loss or damage due to fire, water, windstorm, hail, lightning, earthquake, riot, • vandalism, theft, acts of contractors, acts of agents or employees or others utilizing the Property, or for any other cause whether originating from, within or without the communications system of the Licensee. Further, the Licensor shall have no liability or responsibility of any kind, nature or description for maintenance, repair, restoration or renovation of the equipment of the Licensee. 19, Assignment, Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this Agreement. Any such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this Agreement immediately without written notice. 20. Licensor's Reserved Rights. Licensor reserves the right, at any time and from time to time, to make such use of the Property as it may desire, at its sole discretion and for any purpose, including, but not limited to, the construction, operation or maintenance of its electric power generation, transmission or distribution and appurtenant facilities 6 Page 35 of 40 located or to be located on the Property. Licensor further reserves the right to deposit water, construction site slurry, and vegetation debris on the Property. In the exercise by Licensor of all of the foregoing rights, Licensor will use its best efforts not to materially • interfere with the Permitted Use. Unless Licensor must act immediately due to a threat to human health or a threat to the environment, Licensor will provide at least six (6) months of notice to Licensee if it exercises the foregoing rights or any other rights of Licensor to • enter into or use the Property. However, Licensor shall not in any event be Liable for inconvenience, annoyance, disturbance or other damage to Licensee, or the .Permitted Use, by reason of the exercise of the foregoing rights or any other rights of Licensor to enter into or use the Property, and the obligations of Licensee under this License shall not be affected in any manner. The City does not release or relinquish any other zoning, land - use, police or other legal authority over the property or it's Licensor as a result of this • License. • 21. Encumbrances. Licensee shall keep the Property free and clear of any and all • liens and encumbrances arising or which might arise, for any reason, out Of Licensee's occupancy and use of the Property by anyone in connection with the Permitted. Use. 22. Entire Agreement. This Agreement and Exhibit attached hereto and by this reference incorporated herein, constitute the full and complete understanding of the parties regarding the subject matter hereof. This Agreement shall supersede and replace all prior or contemporaneous oral or written agreements, correspondence or understandings. Any modification or amendment of this Agreement ixiust be made in writing and executed by both parties hereto. 23. Amendment. This Agreement may be amended only by a written amendment signed by both parties. 24. Licensed. Interest Only. This License does not convey an interest in real property. 25. Non - Transferable Right, This License shall not pass with title to Licensee's personal property or improvements and shall not run with the Property. 26. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 28. Binding Effect, All the terms, conditions and covenants of this Agreement shall be binding and shall inure to the benefit of the successors and assigns of the parties hereto. END OF AGREEMENT 7 Page 36 of 40 IN WITNESS WHEREOF, the patties hereto have executed this Agreement the dates indicated below: • NORTIITRN STA.TES POWER. COMPANY, a Minnesota corporation d /b /a Xcel Energy By: Greg P. Chamberlain Portfolio Delivery & Integration • Xcel Energy Service Inc. Authorized Agent for Northern States Power Company, a Minnesota corporation, d /b /a/ Xcel Energy Agreed to and accepted by the Licensee this day of , 2011. • CITY OF OAK PARK HEIGHTS, a municipal corporation B Its: 8 Page 37 of 40 EXHIBIT A • • 9 Page 38 of 40 EX.11:1:131.1 :13 • • L Q Page 39 of 40 THIS PAGE IS INTENTIONALLY LEFT BLANK r i Page 40 of 40 r1 l,C- ca y City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 4394439 • Fax (651) 439 -0574 September 12, 2011 MEMO TO: Moelter Site Task ' orce FROM: Eric Johnson, Ci Ad t r RE: Use of Property — el Lice' A ement. The purpose of this memo is to bring Task Force up ,o speed on another critical aspect of this site /project, being the contractual requirements between the City and Xcel Energy that would permit any final development proposal or subsequent park use. In a nutshell, the City would be assuming certain rights to utilize this property for parkland/recreational purpose for fifty to seventy years. This permission would be conveyed to the City via a "license agreement" and I have attached a draft version of such agreement. At this time the City Attorney is negotiating with Xcel Energy legal counsel to complete this document. (I have attached a DRAFT version of the document) While the above considerations are typical, there is one parameter of the discussion that the City must deal with and that being a requirement from Xcel Energy that should Xcel Energy for any reason need to access the fly -ash material (such as to deal with an MPCA remediation order) that Xcel Energy would have the absolute right to remove City installed improvements without compensation to the City. Inherently, this concept does immediately establish some additional limitations on the site as the City may be hesitant to invest funds onto lands that could only be removed without guaranteed compensation. (See Sec. 16). From a planning perspective, the Task Force should continue with its efforts as it is additionally charged with examining how the Moelter Site interacts with the two surrounding park facilities of Cover and Valley View Park. Further, this risk could be mitigated with proper planning and coordination with Xcel Energy. The Task Force should discuss this matter detail with Mr. Donkers (Xcel Representative) at its meeting slated for September 20t. LICENSE AGREEMENT THIS LICENSE AGREEMENT, (the "Agreement ") dated effective the day of , 2011, is by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation, d/b /a Xcel Energy, at an address of 414 Nicollet Mall, Minneapolis, MN 55401 (hereinafter referred to as "Licensor ") and the CITY OF OAK PARK HEIGHTS, a municipal corporation, at an address of (hereinafter referred to as "Licensee "). WITNESSETH WHEREAS, Licensee desires to use Licensor's property p de is onxh P t A (the "Property ") for various activities as described below; and WHEREAS, Licensor is willing to permit Licensee the use of Licensor's property on a non - exclusive basis, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, Licensor and Licensee agree as follows: 1. Grant of Right of Entry. Licensor hereby grants to Licensee the non - exclusive right to enter upon and use the Property owned by Licensor. Such right of entry is granted only during the time periods listed in this Agreement as set forth in Section 2 below, and only for the purposes set forth in Section 3 below. 2. Tern. The term of this Agreement shall be from January 1, 2011 through December 31, 2061, unless sooner terminated by Licensor. Licensor may terminate this Agreement only if the Minnesota Pollution Control Agency (MPCA) or any other regulatory agency requires Licensor to remove its fill material from the site; Licensor must then provide Licensee with prior written notice of Licensor's intent to terminate this Agreement. If this License is not terminated by December 31, 2061, it shall automatically renew for an additional 20 year period, subject to the foregoing termination provision. 3. Allowed Uses/Restrictions. Use of Property: a) Licensee may use the Property for traditional public park purposes that do not penetrate/disturb the surface. Any shelter structures shall be constructed on floating concrete slabs or other non - permanent foundation systems that do not penetrate the ground surface by more than two feet (2'). b) Licensee shall make no ground elevation changes to the Property or construct any structure, trails, etc. without an amended closure plan approved by the MPCA. 1 c) The grant to Licensee under Paragraph 1 herein shall extend to Licensee's employees, agents, independent contractors, subcontractors, volunteers, invitees, and suppliers. d) Licensee shall install signage on the Property to notify members of the public and others of access restrictions, access hours, emergency contact information, park identification and other items as set forth in this Agreement. The signage and non- permanent shelter structures will not penetrate the ground more than two feet (2'). Licensee shall ensure all signage and any other items or equipment that are located or installed on the Property by the Licensee for the Permitted Use will be removed prior to the expiration or termination of the Agreement. e) Within the scope of parkland activities of the Licensee identified within its comprehensive plan, the Licensee shall make reasonable efforts, consistent with City Park management practices, to ensure the Property is kept five of rubbish, waste, debris and kept in a neat, safe and orderly condition. Licensee shall also ensure that the Property will be cleaned of any trash or deb 4't and the surrounding areas will be returned to Licensor in a c - • p table condition prior to the expiration or termination of the Agreement. Upon expiration or termination of the Agreement, Licensee shall reasonably restore the Property to its original condition by removing all above - ground structures, signage and equipment. Surface improvements (e.g. trails, asphalt, etc.) can remain h • place. f) Licensee may not store pesticides, herbicides, or any other chemicals or biological agents ( "Agricultural Chemicals ") on the Property, or store any petroleum products on the Property. Licensee shall use all Agricultural Chemicals according to approved U. S. Government label instructions and properly dispose of all Agricultural Chemical containers according to applicable go vernment regulations. Licensee may not dispose of any trash, chemicals or other substances on the Property, and may not use any part of the Property for landfill purposes, but may place refuse receptacles upon the property for public use. g) The Property shall not be used in any manner or form inconsistent with the allowed use of the Property stated herein or as may be permitted by subsequent agreements. h) Licensee shall use its best efforts to ensure that all vehicular traffic shall be limited to existing roads on the Property. No motorized vehicles, recreational vehicles, commercial vehicles or trailers shall be parked or stored on the Property by Licensee or anyone else pursuant to this Agreement. No equipment shall be stored on the Property by Licensee. 2 , i) Licensee shall bear the entire cost associated with its Permitted Use and securing MPCA approval, if required, for SW -54 Closure Plan modifications; Licensor's contributions to this effort will be limited to the resources of Licensor's staff j) Licensor shall bear the cost of closed landfill inspections and maintaining the non - park areas identified in Attachment A. k) Licensor and the Minnesota Pollution Control Agency (MPCA) reserve ' t to approve or deny proposed plan(s) and construction drawing(s) for the Permi Use. Licensor and the MPCA reserve the re right to request modifications to the g q plan(s) and drawing(s) when it is necessary to protect the Property. 1) Licensee shall use its best efforts to ensure that there shall be no overnight parking or camping on the Property. 4. Insurance. Licensee shall be utilizing this Property for the purposes of a public park. The Licensee shall extend and maintain its current insurance coverage for Licensee's operations onto the Property in the amount of One Million and Five Hundred Thousand Dollars ($1,500,000.00 aggregate) and will name Licensor as an additional insured, which coverage shall be evidenced by a Certificate of Insurance provided to Licensor prior to access to and occupation of the Property. In addition, Licensee shall maintain workers' compensation coverage at statutory limits. 5. Compliance with Laws, Rules & Regulations. At its sole cost and expense, Licensee shall give all necessary notices and obtain all required permits, licenses, authorizations and approvals and shall comply and ensure that all of its employees, agents, independent contractors, subcontractors, suppliers, invitees and representatives I comply with all applicable federal, state and local laws, ordinances, governmental rules and regulations relative to the operations under this Agreement, including those relating to the preservation of the public health and safety, employment laws, environmental laws, zoning, ordinances, rules and regulations and those within the Occupational Safety and Hazard Act (OSHA). Licensee shall be liable for any fines or assessments levied thereunder against Licensee resulting from its acts or omissions hereunder. 6. Safety. Licensee shall identify hazardous and potentially hazardous areas on or about the Property and shall inform its employees, independent contractors, subcontractors, suppliers, invitees and representatives and members of the public so as to safeguard against any and all hazards or other safety risks. 7. Costs. Licensee shall timely pay all fees, taxes, wages, salaries and other charges and expenses in any manner associated with this Agreement. 8. Security. Licensee shall provide all reasonable security it deems necessary to protect the Licensee's permitted uses. Licensor shall have no liability, except due to 3 Licensor's gross negligence or willful misconduct, for any injury, loss or damage arising out of Licensee's failure to properly provide such security. 9. Partnership or Joint Venture. Nothing in this Agreement shall be interpreted or construed as a partnership or joint venture between Licensor and Licensee concerning Licensee's operations on the Property. 10. Licensee to Indemnify. (a) (i) As used in this License, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. (ii) As used in this License, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) actual damages. (b) Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury actuaj as a result of or arising from, the Licensee's permitted uses or rel e (i) this License; 10C1* (ii) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric power generation, transmission, or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities or associated byproducts located on the Property; or (iii) the Licensee's or any other person's presence at the Property as a result of or related to this License. (c) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of the Licensee or its contractors, subcontractors, or their employees; Claims arising from, or alleged to be arising in any way from, the existence at or near the Property of (1) electric power generation, 4 transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials; (5) any hazardous materials, regardless of origin; or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of the Licensee, its invitees, employees, licensees, agents, contractors, invitees and other persons. 11. Covenant Not to Sue. Licensee, for itself and its representatives, s - sons, and s, does hereby covenant and agree not to sue or brio any action ' - ` • or � Y �' g Y ( " � `� assigns, not) against Licensor for injuries sustained to Licensee's person and prope . person and property of Licensee's employees, agents, independent contractbrst subcontractors, invitees, suppliers, representatives, customers or members of the public due to or in anywise growing out of or connected directly or indirectly with Licensee's stated and associated activities and presence in and about the Property except due to Licensor's gross negligence or willful misconduct. 12. Licensee's Sole Risk and Expense. Licensee agrees that use of the Property by the Licensee hereunder, or its employees, licensees, agents, contractors, subcontractors, invitees, suppliers and other persons and members of the public, shall be at the sole risk and expense of Licensee. 13. Services. The Property, including any improvements thereon, is "as is." Any service to or on the Property shall be at the sole expense of the Licensee, including, but not limited to, permits, licenses, fees and any associated costs of "hook -up ", and must be approved by Licensor in advance. 15. Distance and Height Requirements. The Licensee shall construct and use the Property so as to maintain the maximum distance between the Permitted Uses and the Licensor's electric, natural gas, and/or railroad facilities, or other facilities located on the Property, allowable by the height, width and terrain of the Property. If the Permitted Uses crosses over or under the Licensor's electric, natural gas, and/or railroad facilities the crossing shall be as directed by the Licensor. Notwithstanding the foregoing, minimum vertical and horizontal separations, as directed by the Licensor, shall be maintained on all crossings and parallel encroachments. Licensor shall provide Licensee with a master list of required distances from identified facilities of Licensor and a map identifying same which shall be attached hereto as Exhibit B. 16. Removal and Relocation. The Licensor can remove at its own expense all items from the Property, or any part thereof, installed or otherwise on the Property pursuant to this License, or relocate the same to a different location on the Property if the Permitted Use should interfere, in the Licensor's sole and absolute discretion, with the operation and maintenance of the Licensor's facilities as now or hereafter constructed. In the event that the Licensee's use of the Property should, in the reasonable judgment of the Licensor, 5 constitute a hazard to the Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Permitted Use to eliminate such interference or hazard, and may suspend the Licensee's right to use the Property under this License until such removal, relocation, or modification is completed. If Licensee's items constitute a hazard to the Licensor's facilities or the general public, then any removal, relocation or modification of Licensee's items installed on the Property shall be at Licensee's expense. 17. Licensor's Electric Power Advisory. The Licensee agrees and understands that the Licensor may have constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on ele be insulated. The fp Licensee shall advise all of its employees, licensee. - a ors, subcontractors, invitees, suppliers and other persons, including members of the public, who enter upon the Property, pursuant to the provisions of this License, of the existence and nature of such electric facilities and the potential danger and risk involved. 18. Disclaimer of Warranty. Licensor makes no representation as to the suitability of the Property for the Permitted Use and no such representation, or any other representations, are made by Licensor or shall be implied by operation of law or otherwise. Additionally, Licensor shall have no responsibility or liability, of any kind, type, nature or description on account of the failure, cessation or termination of electric service to the Property; on account of inadequate or improper functioning of the equipment of Licensee; on account of any interference, regardless of source, with the exception of interference caused by any of Licensor's equipment that is not operating within its own specific license parameters, with signals transmitted from the equipment of Licensee, of any kind, type, nature or description, including by way of illustration but not limitation, loss or damage due to fire, water, windstorm, hail, lightning, earthquake, riot, vandalism, theft, acts of contractors, acts of agents or employees or others utilizing the Property, or for any other cause whether originating from, within or without the communications system of the Licensee. Further, the Licensor shall have no liability or responsibility of any kind, nature or description for maintenance, repair, restoration or renovation of the equipment of the Licensee. 19. Assignment. Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this Agreement. Any such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this Agreement immediately without written notice. 20. Licensor's Reserved Rights. Licensor reserves the right, at any time and from time to time, to make such use of the Property as it may desire, at its sole discretion and for any purpose, including, but not limited to, the construction, operation or maintenance of its electric power generation, transmission or distribution and appurtenant facilities 6 located or to be located on the Property. Licensor further reserves the right to deposit water, construction site slurry, and vegetation debris on the Property. In the exercise by Licensor of all of the foregoing rights, Licensor will use its best efforts not to materially interfere with the Permitted Use. Unless Licensor must act immediately due to a threat to human health or a threat to the environment, Licensor will provide at least six (6) months of notice to Licensee if it exercises the foregoing rights or any other rights of Licensor to enter into or use the Property. However, Licensor shall not in any event be liable for inconvenience, annoyance, disturbance or other damage to Licensee, or the Permitted Use, by reason of the exercise of the foregoing rights or any other rights of Licensor to enter into or use the Property, and the obligations of Licensee under this License shall not be affected in any manner. The City does not release or relinquish any other zoning, land - use, police or other legal authority over the property or it's Licensor as a result of this License. 21. Encumbrances. Licensee shall keep the Property free and c ear of any and all liens and encumbrances arising or which might arise, for any reaso f is see's occupancy and use of the Property by anyone in connection with the ' e -I / 22. Entire Agreement. This Agreement and Exhibit attached hereto and by this reference incorporated herein, constitute the full and complete understanding of the parties regarding the subject matter hereof. This Agreement shall supersede and replace all prior or contemporaneous oral or written agreements, correspondence or understandings. Any modification or amendment of this Agreement must be made in writing and executed by both parties hereto. 23. Amendment. This Agreement may be amended only by a written amendment signed by both parties. 24. Licensed Interest Only. property. This License does not convey an interest in real o e Y Y P P rtY 25. Non - Transferable Right. This License shall not pass with title to Licensee's personal property or improvements and shall not run with the Property. 26. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 28. Binding Effect. All the terms, conditions and covenants of this Agreement shall be binding and shall inure to the benefit of the successors and assigns of the parties hereto. END OF AGREEMENT 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the dates indicated below: NORTHERN STATES POWER COMPANY, a Minnesota corporation d/b /a Xcel Energy By: F Gre g P. Chamberlain Portfolio Delivery & Integration Xcel Energy Service Inc. Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b /a/ Xcel Energy Agreed to and accepted by the Licensee this day of , 2011. CITY OF OAK PARK HEIGHTS, a municipal corporation By: Its: • • 8 ENO rittiCC 4 ,r4 rf City of Oak Park Heights 14168 Oak Park Blvd. N Box 2007 a Oak Park Heights, MN 55082 Phone (651) 439-4439 a Fax (651) 439-0574 August 13, 2010 _- MEMO - TO Park Commission 1e4her FROM Eric Johnson, City Ackini igtor RE: 2010 Park and Trail Enclosed are the summary results from the Survey. The responses to most questions was (N 32) We can review in more detail at the meeting. Park and Trails Survey 2010 Page 1 of 24 Page 57 of 80 r r' y �, N ..N to , ,!) .....« . V r- O .- V N N M 0 r G.0 o 0 0.o d V . d p .. OP 4 O O L v P O` a N w C O .5 N . c' u› .''M ..; co a La, ' co 1 'W ..0.. 0) a;, ..CT 2 ,,L: O) Q. n 01 to O ro a 4 i tY s: t1 ` N rr ' U7 Q) 5,; L r O r.: w , 3., 'id . 0 :i,.. . a+ : • /1.1 r ) .' o n .. r kr t ; ; < : C)1 -±„ -', ! 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M> m N o ` ° V/ 00 0 h 2 02 a )0 � G N 1= a c N c U Q N (o a E _ C) c' 1 ° 0 N a U 0 o v c 0 a n o o °• N c E c c ° n 0 N N N M X 43> p C O O 4' U a 0 .� 2 of 0) N X C N p 0 CO a? N c (0 To- m - I - °' X 3 0 . c 0) w o U E a m o 0 3 4 ], O 3 >-. y n C co.0 N (� ro Vl '7 N Y N o N 2 p E a O :x C .° 4. N .0 C 0 To .c _ O C ) g N ° d .0 0 O .g N p -.2 C N U co W N -0 co E C T. O N C N c 3 O .0 0 n o N •L d o 8 to :M_.00 E a ro ° uo ° ) 2$,7 X. _ 4 lJ o 0 s ▪ N r) V' (n (0 ). co m Park and Trails Survey 2010 Page 14 of 24 Page 70 of 80 01 CI cs1 o H c . o o 0. y >0 . cc. N O ql 0 • to co d] 0 o > w 0 i N E 0 t C` N w ca Q 0 w w x w / r L. U1.. co 0. d ?' ro O 1 N 0 d 0 U3 y z U3 x r a 1- V �^ o i N N ci z 0 cll F.- N Page 71 of 80 Park and Trails Survey 2010 Page 15 of 24 ------- r . - . o ... :c • :c ' -,--; a — 2 2 0) v- ( . 9 ,..... ,.... q cl I I. :. ( t ■ i . ... • . . . 0 0 0 00 . . .2. • 2 ''''' ' ' ° ° 0 0 c0 (NI N N (J CV CV : PI .-..t ..:. 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E N a w A m to — _ a 1 — (a y. y _ m c t{J 0 C >3) E °f N N . t V 5 V (0 m 0) 0 p 0., 0 `^ ° 3 V 0 .>1 - Yt 0 d O (V Page 75 of 80 Park and Trails Survey 2010 Page 19 of 24 ..... 0) o r O O Q a) N 0 M 0 a a_ d a. a :. N .' C .j . 00 00 r' CO O o o m d i 1.--- c-) ti O O 0 0 O 07 • a). -4. . o .. o � O O .�. "c,., 10 V c O O .ti 2 O O 0 O O N P c ' U , 01 t o f O o O N • h v, O N p to c.3 U 23. W 0 01 ' •4 1.0 N.l o ❑ a t N N i t a .: a tr o- n o. ia a m e (0 o w Q 4 __ Q Q 2 -) m ti no i 4 - O - 6 1 2, (a - N N N L O N 3 a, - 0. N '' N N . N a L E Q y o .o o •c c c� no m o = Ty ro a m r 8 0 p m 0 o. L m - o � O O T o. o m N 0) u '' m e E a r_�'• a i.'s "r) o E 0°' 0 N o X c o o N N Qg a a E o o. 10 T a) al N .0 : N .0 r m 3 IL n o • o Os _m -• E c_ Y 2 m o 2 mr m m w O Q N to = p a>7 O C c F' o 0 N 2 N :+- .� G "3 c N• o N :... U >• 0 O O n. O w- m ."6 v'- al N N E o w ' E ' -ti -a o ;3 t CO p r"--- (..4 i ' a co S O .. 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' '` C L y t a ` o x z £ O 0 `n .6 — c u ; -0 Cal MI s... e tali 1.11 a) 73 .x 2myr a a 0 o o s D; � E 0 ^a o S E 's xa o__ 1 -.n 3 0. — a`s a 0 3 .4 0 z N — N 00 c}� N (0 Park and Trails Survey 2010 Page 20 of 24 Page 76 of 80 <13 N_ _ . N N N 0 0 0 0 0 0 N N 7 5 D ro -D O 0 N N E 0 v, 0, N 0) N .K: C _ -] - 0 o c C N N • mi Q) ) a E- 1' N. N c U .c d) Q) Q) 0)� LL ) — 0, •p N N M. N Co C m t4' C CRS N _ m m m: 3.0 E' w a E 0 03 ✓ E to it) C T E N 9 d 7 O d c O 4`.-. U _ N V 03 t ; N S] N - G • E >, O ▪ N .j E c = E O O m m r w o �? c a) . y OU N N G N U N -0 N • 0 03 x L' 3 4) O) G N N 0 m O N E p) L D - to co t c _ h 00 co Park and Trails Survey 2010 Page 21 of 24 Page 77 of 80 c _ C • O 0 a. . O v' _� M y 4 y N :�6 ' N a 'a el . W CI 3 . ro ik' I . • i4' A • ;: = i3 • [3 s ••.•. A' ;•. - .Ti; 1 . rn .' r. V N y . I .w+ s.. 01 MS 0 a. co p 1 Q L 0 1 IT • 14.. Y L C 1 -.. RJ 0 L-. m (V x • L 0 ro 0 a. >, o a) 1... Q Q rV Park and Trails Survey 2010 Page 22 of 24 Page 78 of 80 M L 'O n • 0..0 ir tr a> • a Q • - .'C N 1 • I j r. ro m CL - O G U) 0 > N • N 1— o L _ i 0 t0 LL u) O N r4 0 O ❑ N Park and Trails Survey 2010 Page 23 of 24 Page 79 of 80 ........_.._ 1n to c0 t•-• K ( o n ° L4 v eg C O 0 0 41 tr d1 0 b b s. ° ° ° . a E E o 0 o e o • o c? o o v1 t CI 4i O O o O 0 V d-� 0 1 O 0 . o e. 6 o 0 v o O 0 q o 0 0 0 0 0 N 0 0 v C O o n o c iS N o U O O O q 0 O o 0 0 0. N 0 al N O. G O O 0 d Cs. im ' N V N c ro fa a - o a 0. 0 0 0 4 O O o • u �, 40 GO N N O 0) v '0 M !. N l0 (0 U ° o ° o T o ,0 co N N N 0 1 1 : a O CO N Park and Trails Survey 2010 Page 24 of 24 Page 80 of 80 T 3601 Thurston Avenue N. Suite 100 Anoka, MN 55303 Phone: 763.231 5840 Facsimile- 763.427.0520 TPC@PlanningCo.corn MEMORANDUM TO: Moelter Site Re- Development Task Force FROM: Scott Richards DATE: August 9, 2011 RE: Oak Park Heights — A.S. King /Moelter Site, Valley View and Cover Parks — Park Planning TPC FILE: 236.08 August 15, 2011 — 6:00 PM — Meeting at Cover Park The Moelter Site Re- Development Task Force held their initial meeting on July 18 2011 at the Oak Park Heights City Hall. The meeting had been moved from the Valley View Park Shelter to City Hall due to the heat. As a result the Task Force did not get to do a walk through of the site. For the August 15, 2011 meeting, the Task Force will meet at 6:00 PM at Cover Park. From there we will walk the site, return to Cover Park and discuss impressions, park focus and needs assessment. Park Focus The first step in the park planning process is to discuss what will be the focus of the park. Should this site serve only the residents of Oak Park Heights or should it be a regional facility? Should it feature active or passive activities, or a combination of both? Active playfields for soccer, baseball or softball, or an amphitheater would be facilities that would be appropriate for a regional type of park. Additional trails, play equipment, picnic pavilions, or natural plantings would serve more local needs. The Task Force should provide direction on this issue early in the planning process in that it will be necessary in defining the final park plan. Needs Assessment The 2008 Comprehensive Park and Trail System Plan addressed park planning for the Moelter Site with a very basic plan. It was anticipated that once the site had been capped by Xce! Energy, a more detailed park planning process would be conducted. The plan included a number of suggestions for development of the park. Please find attached the sections of the 2008 Comprehensive Park and Trail System Plan related to the Moelter Site as well as Cover Park and Valley View Park. Additionally, a Conceptual Master Plan for the Moelter Site was done by Xce! Energy in 2004. That plan had been distributed to the Task Force with the previous meeting packet. The park improvements that have been discussed for this site include the following: Potential Park Improvements: A. 2008 Comprehensive Park and Trail System Plan l i 1. Pavilion /picnic shelters 2. Parking areas for pavilion and Club Tara P! f' 3. ay fields for soccer, baseball, and softball 4. Amphitheater with terraced seating 5. Additional trails 6. Formal garden areas B. 2004 Conceptual Master Plan — Xcel 1. Parking area 2. Circulation within site, trail access and service /emergency vehicle access 3. Network trail system 4. Park pavilion 5. Amphitheater /band shell 6. Scenic overlook /observation structure 7. Natural gardens and prairie /wildflower restoration 2 C. Other Ideas 1. Play equipment to serve adjacent neighborhood to the west of site 2. Dog park 3. Splash play area 4. Others? The Task Force should discuss these potential park facilities, suggest others, and then prioritize them to provide direction for a final park plan. 3 MASTER PARK AND TRAIL PLAN INTRODUCTION The Oak Park Heights Master Park and Trail Plan is intended to provide guidance to the City for continued development and improvements of the City's park, trail and walkway system. The park facilities master plan provides lists of improvements for the existing parks and identifies recreational facilities that could be added throughout the community. The trail portion of the plan indicates components that can be made to increase connections with neighboring cities and provides an overall plan for off- street and on- street trails that will connect all parts of the City. The trail system should not only ensure public access to community amenities, but will also provide recreational opportunities for all age groups and safer access throughout the City. The trail system, in connection with regional and local trail systems that are in place or planned, could be used as a marketing tool for the community as well as to bring visitors to Oak Park Heights. The Master Park and Trail Plan is based upon information gathered and analyzed in the Inventory, Issues Identification, and Goals and Policies sections of the plan. The following paragraphs detail the park, trail and walkway plans for the community to pursue in the next 10 years. PARKS PLANS Valley View Park is valued for its dense vegetation, variation in topography, and VALLEY VIEW wetlands. The master plan proposes to maintain and enhance the natural PARK aesthetics of the park. Improvements to the park focus on making the park more visible in the community and St. Croix Valley, more accessible, and as a continued resource for environmental education. The proposed improvements to the park, as listed below, will maintain and update the facilities that are already present. Creating a more inviting entry with landscaping will more clearly identify the park at its entrance on Osgood Avenue. Once people enter the park, signage identifying park boundaries and facilities could aid visitors in locating picnic areas and trails. Currently, many people are unaware of the lower portion of the park due to lack of signage and the physical separation from the upper portion of the park. The amount of recreational area will increase substantially in this area when Xcel closes and caps the A.S. King Plant Ash Landfill in 2011. Additional discussion of that area is as follows. CITY OF OAK PARK HEIGHTS 2008 COMPREHENSIVE PARK & TRAIL SYSTEM PLAN 29 MASTER PARK AND TRAIL PLAN A list of potential improvements to Valley View Park is as follows. A map of the VALLEY VIEW improvements is found on a following page. PARK (continued) 1. Create an inviting landscaped entry into the park. 2. Work with Washington County on providing a pedestrian tunnel under Osgood Avenue to provide access from Brekke Park to the entrance of Valley View Park. 3. Work with the Minnesota Department of Corrections on access through the north side of their property to connect the entrance road to the trail system. 4. Upgrade /maintain the park shelter and playground equipment including the swings and slide, as needed. 5. Provide signage to create a better understanding of the amenities of the park and how to access them. The area directly to the north of Valley View Park and south of Highway 36 contains MOELTER / the A.S. King Plant Ash Landfill. Under the current permit, the landfill will be closed XCEL and capped by 2011. A system of trails that are open to the public already connect PROPERTY the open area with the neighborhoods to the west, Valley View Park to the south, and to Cover Park and the neighborhoods to the east. Xcel has agreed to work with the City on the development of a recreational area in the northwest portion of the site. This would be interconnected with new trails to provide access from all areas of the City. To date, the final plan of the recreational area has not been agreed to by the City and Xcel. The plan on a following page indicates the improvements that have been discussed. A summary of the improvements is as follows: 1. Pavilion /picnic shelters. 2. Parking areas for pavilion and Club Tara. 3. Playfields for soccer, baseball, and softball. 4. Amphitheater with terraced seating. 5. Additional trails. 6. Formal garden areas. CITY OF OAK PARK HEIGHTS 2008 COMPREHENSIVE PARK & TRAIL SYSTEM PLAN 30 : s l'll ,, IMP , , , " A 6411 IM RI • „ , .,, as = r ;IT r ` .e. -.. - : - + �� ,.�` ' ma L CO r l r., i. _ 1. . , ! • ,. " , - ' -,.. LIR . -; i , i„ ., t M1t ^� �; lY ,„, , . x : L.0_ ,,, ^ 0 .. 7 . ._ :. 1"�: �' ,„...e' S �..a+. .. i: ;,�,� ..�. .2 1.. • _'c,azi, , 0 . u. ►� $,' }'1 , � i . . a F ,. • 0 n_ il•7e.c.n.rnraeaarl. sa - -- .` State Highway 36 g , , ipp .40 a ' • _ s .fr m .r- r \ 111: , milim ir wr w Recreational r „:0111 ` : _ I . _ s III low eparate planD , , it t e _ NSP Ash 1 I posal Ite 2, .. r gi ,� :,0 1 i it . . , . . .. _ . 1 0 • a 1 ,r; i � e allel ~7 • f , i , tr1.14q. 41`.....tke• MN IM ' .. 10 . _ ., , h 41111 ' ' 1 Y _ i i r L_' cis, r4 • e n -, Update ° ! � p _.. . . } �� � , '4T Y , - - �,h. '` playground ,' Lowland - _ equipment `'. s � i=ce needed 'Trail : m "�+' ' . im- , . �" : '''..-I Bridge �` Pa rkin g : :: - _ ,-. , a ,�. P Are. u �_""' t f 0 Picnic APR g - ' She lter „ :„ -,, ., In • a. AilA AN:N.Iwil. lire Gate :.P• Trail i g t •, , 4...,:,,,,,,, , . .. , , .. "rip 'paw 1 alley View Park R oad.; Connection r II # h Impro��e entr4e. t i iting ' t - . landsr - -r areas .4t 11 / //: .4 ,• r . Existing Park Elements Proposed Park Elements City of Oak Park Heights Trails ..-._-_== Trails Park & Trail Plan Features Features City of Oak Park Heights r...--7 N PROPOSED PLAN i•_••,_...1 Boundar Valley View Park NAC NOOTHWSST •SSOCIATSO CONSLUVANTS. INC. Source: Bonestroo Engineering Feet The City of Oak Park Heights, & NENNENENIIIII .. '.„r; 1r..'2: .w:e. tl, 131 5..11 • . �. .., Northwest Associated Consultants 0 250 500 ,000 December, 2008. Page 31 J ..1 10111111111111 As am . , it , Am its '� y a T .z r w #4 1 7 „ r ,, 4 E -_._ \24 -ice _- . 4O , I 01 tk t - - • y IRV y r RIM In 2 ,p urea ' ._ r..piaaas..,,,,,, i T''e ,'p s t i r. , '.: State Highway 36 r----- club U`'r. fl. - - ._ Parking ' Ak , , _ Trail Ir \ #r • e Parking Lot +ter 6 ' avillion ,, 11 ,10 , ...... ....„:„...,,___ ..,,, . , ". , S 1 Ili* N .. ,, , , „ ., . r I 1 0116 6.4 ", . . i ' . , Ballfield �► T a J tit` 5 ' � ,. , • s .. y l iiie f Bandshell SeatingF .. v al " f " • J.. d „� ' ' T Valley View ,' Park r, , . ,. ''. .;,,.. t - * +, g w, ,' k ,, as . k T M t •ms' -,�n ` hi ..lw 7 w Existing Park Elements Proposed Park Elements City of Oak Park Heights Features 1 Features Park & Trail Plan Trail Trail N Cit of Oak Park Hei hts Boundary PROPOSED PLAN 16 r :: Y 9 i._,,._..a Moelter /Xcel Property NO•tK M . WS*T as$OClatsn CONSULTANTS, INC. Source: Bonestroo Engineering, - ,., .. « .� v.ti M Feet The City of Oak Park Heights, & . V1412 v� „ :...,,..,. >eo »,.m5e .,.,,,,,w. �aam. &e. w.,..- ,.,,..,w• ,,, Northwest Associated Consultants. 0 150 300 600 January, 2009. Page 32 MASTER PARK AND TRAIL PLAN Cover Park is the smallest park in the City and provides an active area for residents COVER in the surrounding neighborhoods. Improvements to the park are constrained by the PARK small supply of open space available at the site. The existing warming house for the hockey rink could be expanded or rebuilt to serve as year round restrooms and even allow for a covered picnic area. Due to the proximity to the Xcel property, combining this park with the Moelter/Xcel Property may be an option for the City to consider. The map on the following page indicates the planned improvements. A listing of these improvements is as follows: 1. Upgrade and expand the building or construct new. Add covered picnic area and year round restrooms. 2. Improve and enlarge the existing parking lot. 3. Maintain and improve the existing perennial plant slope on the east side of the park. 4. Maintain and repair the hockey boards. 5. Consider integrating the park with the Moelter /Xcel Property. Autumn Hills Park and Haase Recreational Area serve as a neighborhood park and AUTUMN HILLS open space that is surrounded by the Boutwells Landing senior community. With PARK completion of the new park shelter and restrooms in 2007, much of the major and improvements are completed at this park. The City has identified additional projects HAASE to ro complete the park and to provide recreational programs and cross utilization of p p p p g RECREATIONAL the facilities at Boutwells Landing. The map on a following page indicates the AREA planned improvements. A listing of these improvements is as follows: 1. Provide a tot lot for ages five and under. 2. Make all recreational facilities and equipment disability accessible. 3. Develop an amphitheater area to the north of the park shelter. 4. Provide a small interactive water feature. 5. Add bike racks near the park shelters. 6. Provide irrigation for grass and tree plantings in the park. 7. Provide connection to the Boutwells Landing facilities including the Historic Village area to the south of the park to include programs and cross utilization of both facilities. CITY OF OAK PARK HEIGHTS 2008 COMPREHENSIVE PARK & TRAIL SYSTEM PLAN 37 L .. ' ._ 4., , ,- - , A' AAVAA afng Lod R0 Park E0 Lot 1 r w F . Bounds' ` 4 ,, S w Pat Fl K , �,_4x g n ; 4- Hockey , Rink ill , W Z ,. , . i I ` 1 * 3` y Repair) Replace a� ; ' ', �� Boaro a i. i Small Rock WaIN _ it t'' Perennial Plantings w on Slop Skating/ ' Basketb . I I 40 r .,,, k r i Park i t.....1 Baildin • 4. !? R -.m 0 de OG' Con - tr u VIDo7 Building R Fi, x M a Existing Park Elements Proposed Park Elements City of Oak Park Heights Features Features N Park & Trail Plan a City of Oak Park Heights t - - Boundary PROPOSED PLAN Cover Park 1. NOITNWIST •41OCIIITIO CON•UIT•NT1, INC Source: Bonestroo Engineering Feet The City of Oak Park Heights, & + ,Mvw++..WON•+,xq..n•, Northwest Associated Consultants, 0 25 50 100 December, 2008. Page 38 U = n o n comma m 0-1 M n w p r+ C r+ w i a v y �, 0 O O. •= O 3 w sv to `° K n 1 K 0 !D ( �_ D c ij N (D u, Q D) S 0 3 A 3 (D O C 91.- n. 7 N (D (l) C n ff N rt NJ r M y D cc, ( D y 0 c O fD C� O — r+ 3 D! C z — 3 r+ m -' ,•• cu -, r+ F-+ m v , o- rt = IS 0 s En < '-' N m . (-D O r S O_ ( 6- 7 O (D N 0,3 Q N (n n 3 ri, O o_ d4 3 fD S !v CV N != m O N (D 3. 0 0 n Q . tn + 0 0 ° n N („ n 0 . * ^ n n u 0 , 0 0 L 74 aS Q O - g. F N N O- , �. 3 ?C S m a O o m 0 0 a _co S 0 n ( O C . 7 1-+ : O. c a . N rD 0" (D 'c/,r nn IZ D) O d0 c. . 3 `< O- O v, Cr rD Q o m rt r+ CD n — S c r+ col 3 3' O (n PC, T N N a) (D m � fQ O M N N a N m O M ,< (? (D o. • K 0 )1' (1 - s Iv (D 0 S. -, O = m 00 O 3 '- = rt o , � + 3 f S rr v, CO fD °' ,, 3 S f � D (D al ID O S es y (D 70 7 r+ c (D i, C O C 0 ( D O >� r N O Q (D n N fl- r- - .9- n 7r Q ` (D -3 O - . p O 3 " Cr < j ,-1 y- 3 O ' u, • 3 O O O - Q . Q' el 0 0 0 r+ O u. ,-4. n < ,-4. fD O • Iv m (D M O --D m S ' ` a ( gy p C .-r ii O 04 M N el- 2 O 0 0 (D O O < v,• 0_ = 0 1Z o S 0. N 3 V' la, o O N o c 3 m" � .� . ° o o a m e) ' s o n 5. 0 o Cu 0 - -h... o 1 fD 7 0 . N O O r 0 r+ j < w et gm CL n O L O r+ 0 0 - I Q (D (7 c O S S M � O 0" O a v, D� .�,, m h C C 0 0 O rt ' p- Q- rt S O 4n O !D p ( D 0 a - - 0 0 3 5 . r+ O O „, (D r+ (D (D N = 7 N fD ( h r Q O fD 0 = LA S 00 < (D . + r+ -t M (D (D r,,; -1 Z- V, S et S Q O O O - 3 r ;• (D (D (D �' r+ N N m r ' o r+ fD D 'O OA V, N S s O O III X- j C C = v. C C o cu u? a +?. 3 m O n = O 3 O. ° o, c Cu 7 (D 7 CA PC N O 7r M ,-4- O rt = OT (D 0 O 0 a) 00 (D r te + n 0 'LA. n n cn r+ d fD O .! (D 7r O• -0 N vi 3 O p r+ Di a r 0 (D O n r+ O ro S 0 3 (D 0 7 fl. .D+ CU 0 - 0) O N r+ Z O O 1 D n � (-D O. -++ X. A TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@ Pia n ni ngCo. com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: June 17, 2011 RE: Oak Park Heights — A.S. King/Moelter Site, Valley View and Cover Parks — Park Planning At their May 24, 2011 meeting, the City Council discussed park planning for the A.S. King /Moelter Site, Valley View and Cover Parks. Additionally, on January 31, 2011 at a joint City Council, Planning Commission and Park Commission meeting, general City issues and park planning for the A.S. King/Moelter Site, Valley View and Cover Parks was discussed. It was determined that TPC and Bonestroo would work together in developing more detailed plans for these parks than what was found in the 2008 Comprehensive Park and Trail System Plan. The City Council has now selected members of the Task Force for the A.S. King /Moelter Site Park planning process. The project will begin with an organizational meeting on July 18, 2011. Please find as follows a work program for this project: WORK PROGRAM Needs Assessment and•Park Plan Step 1: May 24, 2011 City Council approves the work program and budget for the park planning process and appoints the Task Force with representatives from the City Council, Parks Commission and residents. Conceptual Master Plan For Moelter site Development Presentation To City of Oak Park Heights April 12, 2004 BY Xcel Energy UTILITY U Architecture ENGINEERING E April 12, 2004 This Conceptual Master Plan, referred to as the Welter Site Development, is being presented as a preliminary plan for future development of the Xcel property. The plan is based on previous planning discussions by Xcel and the City of Oak Park Heights to incorporate key elements into a passive -use park/wildlife viewing area with opportunities to create a significant natural outdoor interpretive area. This concept plan identifies proposed locations for: - Access to Site (vehicular and pedestrian) Parking Area - Circulation within Site - Network Trail System - Park Pavilion/Picnic Area - Amphitheater /Band -Shell - Scenic Overlook/Observation Structure - Natural Gardens and Prairie/Wildflower Restoration Areas Design concepts and criteria. for key elements in the plan include: Access to Site - Future frontage road along northern portion of site - From existing access road at northwest or from Beach St. at northeast Parking Area - Located near vehicular access to site - 100 cars planned and capable of expansion Circulation Within Site - Trail system for pedestrian/bicycle access - Service drive /emergency vehicle access Network Trail System • - Utilize existing trail - Interconnect new trails to key features /elements - Correlate exit /entrance points of the property to the City -wide trail system for access to adjacent parks (Continued on the next page) April 12, 2004 Park Pavilion - Enclosed facility, near parking area - Open deck with relationship to surrounding picnic areas - Access to service Amphitheater /Band Shell - Hillside seating - Access to service - Most feasible in southwest portion of site Scenic Overlook/Observation Structure - Located at highest elevation (east - central) - Provide optimum view for wildlife and adjacent lakes Natural Gardens and Prairie/Wildflower Restoration - Dispersed throughout plan - Provide interpretive signage This concept plan responds to current visions for future development. 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V\ ate.4. r- - —_ m —/� —;_ - - ��� ❑ 1 0 + m 1 Q 6.1.,<- dee f - r Afr 1/ / $ /it A ntit:0, hr s (hit M w�._(f ryiei LICENSE AGREEMENT THIS LICENSE AGREEMENT, (the "Agreement ") dated effective the day of , 2011, is by and between NORTHERN STATES POWER COMPANY, / 141(4444— l-o I a Minnesota corporation, d/b /a Xcel Energy, at an address of 414 Nicollet Mall, Ate Minneapolis, MN 55401 (hereinafter referred to as "Licensor ") and the CITY OF OAK CI.D9' PARK HEIGHTS, a municipal corporation, at an address of 0 (hereinafter referred to as "Licensee "). WITNESSETH WHEREAS, Licensee desires to use Licensor's property depicted on Exhibit "A" (the "Property") for various activities as described below; and WHEREAS, Licensor is willing to permit Licensee the use of Licensor's property on a non - exclusive basis, subject to the terms andconditions of this Agreement. NOW, THEREFORE, in consideration of the:rnutual covenants and obligations set forth herein, Licensor and Licensee agree as follows :` 1. Grant of Right of Entry. Licensor hereby grants to licensee the non - exclusive right to enter upon and use the Property owned by Licenser. Such right of entry is granted only during the time periods listed in `this Agreement as set forth in Section 2 below, and only for the purposes set forth in Section 3 below. Deleted: shall 2. Term. The term of this Agreement -shall be from January 1, 2011 through De December 31, 2061, unless sooner terminated by Licensor. Licensor may terminate this i,( Formatted: Bullets and Numbering Agreement_ only pif the Pollution Control Agency (MPCA) or any other 4;, Deleted: to establish, construct, re ulat agency re"u es Lice sor to remove its fill material from the site; Licensor maintaimanamanageabitumi °onsor g pryY g Y ' n ?C ?�, must then provide Licensee with prior written notice of Licensor's intent to terminate this :, ;'l, Meted: and Agreernent. If this License ;is not terminated by December 31, 2061, it shall automatically ; ;; Deleted: woodchip year -round woodland trail for non - motorized renew for an additional 20 year period, subject to the foregoing termination provision. recreational use, one (1) bituminous + 4 parking area, and non - permanent shelter 3. AllOWedseS/RestrlCtlonS. � i ' structures or any other purpose separately authorized by the Licens Deleted: e Use of e Pro �" p rtY• h iy ' Deleted: or. The woodland trail shall include, but not be limited to, the a) Licensee may, use the Property for traditional public park purposes that do not ` want eg wal h king, bid Ong, penetrate/ disturlithe surface, y i mountain bicycling, cross - country skiing, b) Licensee shall make no ground elevation changes to the Property or construct anvt in -line skating, skijoring, mature ground p y interpretation, and wildlife viewing. structure , trails etc with out an amended closure plan approved by the MPCA. �° -- Deleted: The one (1)binu moos c) ,The g to Licensee under Paragraph 1 herein shall extend to Licensee's 1 - ' parking area shall be limited to employees, agents, independent contractors, subcontractors, volunteers, invitees, s, parking spaces (items in this section (a) • are hereinafter referred to as the and suppliers. 'Permitted Use "). Deleted: ¶ Revised 1 $ d) Licensee shall install signage on the Property to notify members of the public and others of access restrictions, access hours, emergency contact information, and other items as set forth in this Agreement. The signage and non - permanent shelter structures will not penetrate the ground more than two feet (2'). Licensee shall ensure all Signage and any other items or equipment that are located or installed , _ - { Deleted: its on the Property by the Licensee for the Permitted Use will be removed prior to the expiration or termination of the Agreement. e) Within the scope of parkland activities, of the License identified within its - _ - - Deleted: From activities specifically comprehensive plan, the Licensee shall make reasonal consistent with related to those ,City Park management practices, to ensure,Jhe Property is kept free of rubbish, _ _ - - Deleted: other waste, debris 4 and, kept in a neat, safe and orderly condition. Licensee shall also \--,- Deleted: ensure ensure that the Property will be cleaned of any trash or debris and the Property and \‘‘, 2 I Deleted: all of the surrounding areas will be returned to Licensor in a cleaned and respectable ' Deleted: (other than that permitted as condition prior to the expiration or termination of the 'Agreement. Upo N , the Permitted Use) expiration or termination of the Agreement, Licensee shall reasonably - restore the Deleted: the Property is Property to its original condition. t vt , f) Licensee may not store pesticides, herbicides, or -any other chemicals or biological 1� agents ( "Agricultural Chemicals',') on the Property, or store any petroleum products on the Property. Licensee shad use all Agricultural Chemicals according to approved U. S. Government a label instructions and properly dispose of all Agricultural Chemical containers according to applicable government regulations. Licensee may not s dispose of any ;gash, chemicals or other substances on the Property, and_may not 11,0e any part of the Property for landfill purposes but may place refuse reeeptacles 'eupon the prop for public use. g) The Property shall not be used any manner or form inconsistent with the .,allowed use of Property stated herein or as may be permitted by subsequent 'Agreements _ h) Licensee shall us ;its best efforts to ! ensure that all vehicular traffic shall be - Deleted: assure limited tp existing .`roads on the Property. No motorized vehicles, recreational Deleted: ensure vehicles, - commercial vehicles or trailers shall be parked or stored on the Property �p by Licensee ar anyone else pursuant to this Agreement. No equipment shall be stored n the`roperty by Licensee. oa e ( k 4 r16 etc 1 ° Deleted: < # >Licensee shall make no • ground elevation changes to the Property 11 l i) • -n - - bear the entire cost associated with it's,Permitted Use and securing Deleted: the PC • approv for SW -54 Closure Plan modifications. j ) Licensor shall bear the entire cost of closed landfill inspections and maintaining , Deleted` . ¶ 3 the non -park areas identified in Attachment A, Deleted: must pre - approve any ) k ) Licensor and the Minnesota Pollution Control Agency (MPCA) reserve the right ,' , Deleted: to approve or deny proposed plan(s) and construction drawings) for the Permitted ,' Deleted: reserving the right to modify Use,, ,,' the plan(s) and drawing(s) when, in their sole discretion, it is deemed necessary to protect the Property. Revised 2 Cfik4 i 11 (ii) As used in this License, the term "Injury" means (1) death, personal $ injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) actual damages. (b) Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors, Deleted: imposed assigns, parents, subsidiaries, and affiliates from and against any and all Claims Comm Risk Mgmttoreviev✓ arising from, alleged to arise from, or related to any Injury actually occurring, os a ,' the ,delete sect (Deleted: result of or,arising from, the Licensee's permitted uses. i= Deleted: or related to (1) this License; I t (2) the construction, existence, 11. Covenant Not to Sue. Licensee, for itself and its representatives, successors, and ',\ maintenance, operation, repair, assigns, g y g does hereby covenant and agree not to sue or bring an : action (whether legal or 'l reloc insp ection, of removal , replacement, or electric power not) against Licensor for injuries sustained to Licensee's person, and property or the ii,, generation, transmissi or distribution; gas ring , person and property of Licensees employees, " agents, in contractors, natural transmission or distribution ; or any other subcontractors, invitees, suppliers, representatives, customers or members of the public utility facilities or associated byproducts due to or in anywise growing out of or connected directly or indirectly with<Licensee s located on the Property; or (3) the Licensee's or any other person's presence stated and associated activities and presence in and about the Property °e xcept due to at the Property as a result of or related to Licensor's gross negligence or willful misconduct. this License ,' Deleted:. 12. Licensee's Sole Risk and Expense.. Licensee agrees that use of the Property by the ` ,( comment WO Risk Mgmtto review') Licensee hereunder, or its employees,' licensees, agents,`' contractors, subcontractors, Deleted: ¶ invitees, suppliers and other persons and Members o€ public, shall be at the sole risk and (e) The Licensee's duty to protect, indemnify, hold harmless, and defend expense of Licensee, hereunder shall apply to any and all Claims and Injury, including, but not limited to:¶ 13. Services. The Property;. including any improvements thereon, is "as is. " Any ¶ service to or on the property shall be at the sole =expense of the Licensee, including, but (i) Claims asserted by any person or ' ' entity, including, but not limited to, not limited to, permits,' licenses, fees and any associated costs of "hook -up ", and must be employees of the Licensee or its approved b y ,ic nsor in advance. contractors, subcontractors, or their employees;¶ `., "�° ¶ _ - (ii) Claims arising from, or alleged to 15. distance and Height Re uireents. The Licensee shall construct and use the q th be arising in any way from, the existence Property so as to maint the ma distance between the Permitted Uses and the at or near the Property of (1) electric Licensor's electric, natural gas, and/or railroad facilities, or other facilities located on the power generation, transmission, distribution, or related facilities; (2) Property, allowable by the- height, width and terrain of the Property. If the Permitted Uses electricity or electromagnetic fields; (3) natural gas gathering, storage, crosses over or under the Licensors electric, natural gas, and/or railroad facilities the transmission, distribution, or related crossing shall be AS di by the Licensor. Notwithstanding the foregoing, minimum facilities; (4) asbestos or asbestos vertical and horizontal separations, as directed by the Licensor, shall be maintained on all containing materials; (5) any hazardous materials, regardless of origin; or crossings and parallel encroachments. Licensor shall provide licensee with a master List of ¶ required distances from identified facilities of Licensor and a map identifying same which ..(iii) Claims arising from, or alleged to be arising in any way from, the acts or shall be attached hereto an Exhibit omissions of the Licensee, its invitees, employees, licensees, agents, contractors, invitees and other persons.¶ 16. Removal and Relocation. The Licensor an remove at its own expense, All items from the Property, or any part thereof, installed or otherwise on the Property pursuant to this , Deleted: a License, or relocate the same to a different location on the Property ,if the Permitted Use Deleted: Licensee ) should interfere, in the Licensor's sole and absolute discretion, with the operation and`, `,t Deleted: shall maintenance of the Licensor's facilities as now or hereafter constructed. In the event that '( Deleted: the 3 I Deleted: as requested by the Licensor, 3 Revised 4 the Licensee's use of the Property should, in the reasonable judgment of the Licensor, constitute a hazard to the Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Permitted Use to eliminate such interference or hazard, and may suspend the Licensee's right to use the Property under this License until such removal, relocation, or modification is completed. 17. Licensor's Electric Power Advisory. The Licensee agrees and understands that the Licensor may have constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines--nay not be insulated. The Licensee shall advise all of its employees, licensees, agents, contractors, subcontractors, invitees, suppliers and other persons, including membersaof the public, who enter upon the Property, pursuant to the • • isions of this License, -of the existencee:and nature of such electric facilities and the cote tia d,Dnger and risknvolved. 0 V 18 Disclaimer h suitability of Dis laimer of Warranty. makes akes�p,l~e representation as to the ab o 18. ty the Property for the Permitted Use and no such representation, or any other representations, are made by Licensor or shall be "implied by operation of law or otherwise. Additionally, Licensor shalt have no responsibility or liability, of any kind, type, nature or description on account of the . failure, cessation or termination of electric service to the Property; on account of inadequate or improper functioning of the equipment of Licensee on, account of any interference,- regardless of source, with the exception of interference' " - caused by any of Licensor's equipment that is not operating within its own specific license parameters, with signals transmitted from the equipment of Licensee, of any kind, Vie, nature or description, including by way of illustration but not limitation, loss or du damage e to rre water windstorm, hail, lightning, g A� � earthquake, riot, vandalism theft, acts of contractors, acts' agents or employees or others utilizing the Pro e or for f ther case whether originating from within or without the p rt�� � � �1� �} from, Deleted: Licensor reserves the right, at communications system of the Licensee. Further, the Licensor shall have no liability or ,' any time and from time to time, to make such use of the Property as it may desire, responsibility of any kind, :nature br description for maintenance, repair, restoration or ; at its sole discretion and for any purpose, renovation of the equiprnent of the Licensee. , including, but not limited to, the construction, operation or maintenance of ; its electric power generation, 19. Assignment: Licensee shall not assign, sell, delegate, subcontract or otherwise transmission or distribution and appurtenant facilities located or to be transfer or encumber in`'an manner whatsoever, all or any portion of the rights, duties or located on the Property. Y p b' Perty . Licensor further obligations under this Agreement. Any such transfer or encumbrance shall be null and ' reserves the ri to deposit water, g P� Y � construction site slurry, and vegetation ; void and shall permit Licensor to terminate this Agreement immediately without written debris on the Property. I the exercise by notice. ; Licensor of all of the foregoing rights, Licensor will use its best efforts not to materially interfere with the Permitted 20. Licensor's Reserved Rights. The City does not release or relinquish any other U se. However, Licensor shall not in any event be liable for inconvenience, zoning, land -use, police or any other legal authority over this property or its Licensor as a annoyance, disturbance or other damage result of this License. to Licensee, or the Permitted Use, by reason of the exercise of the foregoing rights or any other rights of Licensor to enter into or use the Property, and the obligations of Licensee under this License shall not be affected in any manner. Revised 5 f IN WITNESS WHEREOF, the parties hereto have executed this Agreement the dates indicated below: NORTHERN STATES POWER COMPANY, a Minnesota corporation d/b /a Xcel Energy By Greg P. Chamberlain Portfolio Delivery & Integration Xcel Energy Service Inc. Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b /a/ Xcel Energy Agreed to and accepted by the Licensee this day of , 2011. CITY OF OAK PARK HEIGHTS, a municipal corporation ;. By Its: Revised 7 1 + - i - + + + I �,L: f fir— ° �_ ,,_� ° / o o• 1 , • ° • • , JA 0 ��� ° O • w DO • ' _ • • Q ° r i b D • 9 1 1'■oO00' i ei o ■ ,,may , » o + + ♦ ' r . » la D + r ° D O r, D D l . it O° ` p .O . p � D .•❑ • •o • ° D O / p ° p I O ii 1r 3 fa ° 00 ' 0 ° v • 0 p0 p� O p Op b ir r o D' o D D O °• O • O . 5 3 0 * Q ............... lirr _t maw:. .R . D D .. D O . � \ D D o / 1 ''' 4 '' .4 .. ,if 4 4 V 7 '' Pkt, ...=_, _... , ' lir ° + ni l ► '' ,� 1 ;, 41/ + / i L.) 1 e a . 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L =0.00 ®' 0 s.30 : L 00 } 041 tS k a " 820 ° il i4 • 81 I 805 800 - 7g0 785 , 8% 1 --°.."1111111111111110 A 780 190 \ 0 770 )75 1 � Conceptual Master Plan 1 For 1 Moelter Site Development 1 1 1 t Presentation To � City of Oak Park Heights April 12, 2004 1 1 B y � Xcel Energy 1 1 1 1!ENGUNEERING 1 21 1 Architecture 1 I 1 1 1 1 1 1 1 April 12, 2004 1 This Conceptual Master Plan, referred to as the Moelter Site Development, is being presented as a preliminary plan for future development of the Xcel property. 1 The plan is based on previous planning discussions by Xcel and the City of Oak Park Heights to incorporate key elements into a passive -use park/wildlife viewing area with opportunities to create a significant natural outdoor interpretive area. I This concept plan identifies proposed locations for: I - Access to Site (vehicular and pedestrian) Parking Area - Circulation within Site I - Network Trail System Park Pavilion/Picnic Area - Amphitheater/Band-Shell I _ Scenic Overlook/Observation Structure Natural Gardens and Prairie/Wildflower Restoration Areas 1 Design concepts and criteria for key elements in the plan include: 1 Access to Site - Future frontage road along northern portion of site 1 - From existing access road at northwest or from Beach St. at northeast 1 Parking Area - Located near vehicular access to site - 100 cars planned and capable of expansion Circulation Within Site I - Trail system for pedestrian/bicycle access - Service drive /emergency vehicle access Network Trail System - Utilize existing trail - Interconnect new trails to key features /elements U - Correlate exit/entrance points of the property to the City -wide trail system for access to adjacent parks II (Continued on the next p a e g) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I , April 12, 2004 1 1 Park Pavilion I - Enclosed facility, near parking area - Open deck with relationship to surrounding picnic areas - Access to service I Amphitheater/Band Shell I - Hillside seating Access to service - Most feasible in southwest portion of site 1 Scenic Overlook/Observation Structure III Located at highest elevation (east- central) - Provide optimum view for wildlife and adjacent lakes I Natural Gardens and Prairie/Wil fl d ower Restoration I - Dispersed throughout plan - Provide interpretive signage I This concept plan responds to current visions for future development. 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