HomeMy WebLinkAboutCC WORKSESSION 03092015r� 1
Work Session Agenda
Monday, March 9, 2015
7:00 p.m.
1. Solar. Kelsey Johnson, City Planner Presenting
2. Building Inspections. Mark Casey, City Manager Presenting
Next work session — _, 2015 pm
City of St. Anthony
CITY COUNCIL WORK SESSION
City Council Chambers
February 4, 2015
Present:
Mayor & Council. Jerry Faust, Mayor; Jan Jenson, Councilmember; Hal Gray, Councilmember; and Randy Stille,
Councilmember.
Absent:
None
Staff:
Mark Casey, City Manager
Consultants:
Todd Hubmer, City Engineer
Call to Order:
Meeting called to order by Mayor Faust at 5:00 p.m
Highway Safety Improvement Program (HSIP):
Hubmer presented several posters that will be displayed at the February 17th Open House. Hubmer also discussed
an upcoming Resolution to start the temporary easement process that will be presented at the February 24, 2015
City Council meeting.
Belden Flooding Issues:
Hubmer discussed the project and notified the Mayor and Council about the neighborhood information meeting
on Thursday, February 5, 2015. Hubmer also discussed the drainage issues at 3302 Belden that also impacts 3200
Belden. Hubmer explained the east side of the property will be addressed this summer with changes in the
driveway height and landscaping. On the west side, the retaining wall is failing. By consensus of the Mayor and
Council, staff was directed to work with homeowners of a cost sharing solution to repair the damaged retaining
wail.
Alley Repairs:
Hubmer discussed the project and notified the Mayor and Council about the neighborhood information meeting
also on Thursday, February 5, 2015.
City Council Vacancy:
By consensus of the Mayor and Council, ten applicants will be interviewed on Friday, February 13`h.
Adjourn:
The meeting adjourned at 6:25 p.m.
Minutes respectfully submitted by Mark Casey, City Manager.
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MEMORANDUM
To:
Honorable Mayor and City Council Members
Mark Casey, City Manager
From:
Kelsey Johnson, AICP, City Planner
Date:
March 3, 2015
City Council Work Session for March 9, 2015
WSB Project No.
02170 -002
Request:
Discussion and Direction Relating to Solar Energy Systems in Residential
and Commercial Zoning Districts
OVERVIEW
It is beneficial to review sections of the City Code on a regular basis in order to identify potential issues
before they are found through a request or land use application. In addition, it ensures that the City
Code is reflective of what is desired for the community. At the regular meeting of the Planning
Commission on January 26, 2015, the Planning Commission reviewed a list of potential ordinances to
review and /or modify and created a "Work Plan ".
The Work Plan is a schedule of objectives established by the Planning Commission, which provides an
efficient method of prioritizing projects and achieving the most important goals of the Planning
Commission and the community. Among potential projects in 2015, the Planning Commission prioritized
a list of projects they would like to work on. The City Council, adopted the Work Plan on February 24,
2015.
Item #1 on the Planning Commission Work Plan is to "continue review /update green /energy /reuse
ordinance(s) ". This item was also on the Planning Commission's Work Plan from 2014, however was not
addressed during the previous year due to other initiatives and land use applications that were worked
on during that timeframe. An ordinance to allow solar energy systems was adopted in 2014 to allow
systems within the ROS — Recreational /Open Space and LI — Light Industrial Districts. With increased
interest in renewable energy by homeowners, more specifically for the installation of solar energy
systems, staff has prepared a draft Ordinance relating to Solar Energy Systems, specifically in residential
and commercial zoning districts.
The purpose of the amendment is to incorporate more detailed standards governing the installation of
solar energy systems. The ordinance is expected to provide clarity and predictability while ensuring that
solar energy systems may be installed in a manner that allows for effective energy production. Further,
the standards are intended to ensure that these systems are installed in a manner that would not
unduly affect community character. The proposed text amendment would:
• Provide clarity for City staff as well as solar installers and property owners;
• Set standards for building- mounted and freestanding (i.e. ground mounted) systems;
Clarify that solar access easements may be purchased from nearby property owners, consistent
with state statute.
Page 2
The Planning Commission held a work session on February 24, 2015 to review and discuss a draft
ordinance to permit solar energy systems in residential and commercial zoning districts. The Planning
Commission had several recommendations that staff would like to discuss further with the Council.
Listed below are the major themes recommended by the Planning Commission that staff is requesting
feedback on at this time.
MAJOR THEMES RECOMMENDED
1. Only "flush- mounted" solar energy systems should be allowed (all surfaces — i.e. both front and
back of home) in ALL residential districts EXCEPT on nonresidential uses within residential
districts (i.e. religious institutions or places of assembly). Definition: "Flush Mounted Solar
Energy System ". A solar energy system that is installed on the roof of a building in which the
solar panels are parallel with the finished roof materials.
Example "flush- mounted" solar energy systems
Example "building- mounted" solar energy systems
KEY DISCUSSION TOPICS:
• Should "building mounted systems" be prohibited on residential structures (as opposed
to limited to just the rear yard)?
• What about higher density residential buildings (i.e. condo's, apartments, senior living
facilities)?
• Should nonresidential uses (i.e. religious institutions and places of assembly) be held to
the same standard as residential structures or allow flexibility to have either panel style?
• Should solar energy systems be allowed on accessory structures?
Page 3
2. "Freestanding' solar energy systems should be prohibited in ALL Zoning Districts.
Definition: "Freestanding Solar Energy
Systems ". A solar energy system with a
supporting framework that is placed on, or
anchored in, the ground and that is
independent of any building or other structure.
Garages, carports or similar structures that
incorporate building- integrated or building -
mounted solar energy systems shall not be
classified as freestanding solar energy systems
and shall instead be subject to the regulations
governing accessory structures.
KEY DISCUSSION TOPICS:
Example "freestanding" solar energy systems
• Should "freestanding" solar energy systems be prohibited in ALL Zoning Districts?
• If not, should they be limited to rear yards only? Allowed in side yards?
• What about ROS — Recreation Open Space (i.e. Central Park or City Hall)?
3. Requiring a Conditional Use Permit (CUP) for Commercial applications that are within 250 feet of
Residential Districts.
KEY DISCUSSION TOPICS:
• Should a CUP be required for commercial applications that are in close proximity to
residential districts?
OR
• Would "beefing up" the Commercial District portion of the Code to require enhanced
screening or design considerations for those properties in close proximity to residential
districts be more appropriate?
4. Allow light pole mounted systems in ALL Districts.
Example "light pole mounted" solar energy systems
KEY DISCUSSION TOPICS:
• Should light pole mounted systems be permitted?
• If so, which Districts?
•
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MEMO
TO:
Mayor and City Council
FROM:
Mark Casey, City Manager
RE:
Building Inspection Services
DATE:
March 9, 2015
Attached is a draft Joint Powers Agreement for Building Inspection Services with the City of New
Brighton. I would like to have this as an agenda item on the March 24th City Council agenda. Currently
we contract building inspections with Kevin White of Northstar Inspection Services Inc. Mr. White is the
only employee. There is a thirty day notice to cancel the current contract.
Highlights of the contract include:
• Same price structure we currently operating under
• Ten day notice if St. Anthony wishes to terminate agreement
• Sixty day notice if New Brighton wishes to terminate agreement
• This would only be for inspections and plan review, St. Anthony would continue to provide our
planning, engineering and fire marshal review.
Permits would continue to be picked up and dropped off at St. Anthony City Hall. Instead of calling Mr.
White's voicemail, the applicant would call a dedicated phone line answered by a New Brighton staff
person that would answer the phone either "Inspections" or "New Brighton /St. Anthony Inspections ".
The inspector's business cards would have both cities' logos and the inspection vehicle would also have
a magnetic sign with City of St. Anthony logo.
Having a City staff person providing services verses a contractor delivers a different quality of service. I
believe this because it doesn't become about the money, but the service itself and community
awareness. They have a staff of 2.5 and from what I have seen they provide excellent service. I was
very impressed with their lead inspector who has a positive, cooperative approach in working with the
applicant. I also believe this collaboration will create advancements and enhancements that will be a
benefit to both communities.
Attachment: Joint Powers Agreement for Building Inspection Services
JOINT POWERS AGREEMENT
FOR BUILDING INSPECTION SERVICES
This Agreement is made as of the day of , 2015, by and between the City of
St. Anthony Village (hereinafter referred to as "St. Anthony ") and the City of New Brighton
(hereinafter referred to as "New Brighton ").
WHEREAS, St. Anthony is authorized and empowered to provide for various types of
inspections and code enforcement to ensure the public health, welfare and safety; and
WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of such
services be performed by New Brighton on behalf of the City of St. Anthony;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below,
and pursuant to the authority of the parties to jointly exercise their powers under Minnesota
Statutes, Section 471.59, the parties hereto agree as follows:
SCOPE OF SERVICES
1.1 The term of this agreement shall be from 2015 until terminated in
accordance with paragraph 3.9.
1.2 New Brighton agrees to provide building inspection and plan review services for St.
Anthony through its Department of Community Assets and Development. New Brighton
shall serve as the Building Official for St. Anthony under the terms of this agreement. By
execution of this agreement, St. Anthony designates the New Brighton Building Official
as the building official for St. Anthony and delegates all authority needed to perform the
services indicated in this agreement within St. Anthony.
1.3 Except as otherwise specifically set forth herein, building inspection and plan review
services shall only include those types of duties and functions customarily rendered by
Building Officials and Inspectors under law.
1.4 Under this agreement St. Anthony will receive all building pennit applications and fees
required by existing laws, codes, and ordinances for projects within St. Anthony. The
applications, including building plans and other attachments, will be provided to New
Brighton after they have first been reviewed by St. Anthony for purposes of planning,
zoning, subdivision and other local code regulations and requirements. Determination of
compliance with the State Fire Code will be the responsibility of the St. Anthony Fire
Marshall. The Building Official for New Brighton shall examine such applications to
determine compliance with the current editions of the State Building Codes.
1.5 All applications for permits that require variances, conditional use permits or other
special permits under existing St. Anthony ordinances shall first be resolved by St.
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Anthony prior to submission to the New Brighton Building Official for review. All
special conditions and requirements imposed by St. Anthony shall be specified in writing
and attached to the application.
1.6 The Building Official for New Brighton shall notify St. Anthony when to issue all
permits as required by the current Minnesota State Building and Fire Codes.
1.7 Pursuant to this Agreement, the Building Official shall provide necessary plan review
services as required by laws, regulations, and ordinances.
1.8 The Building Official and/or Building Inspector for New Brighton shall provide all
inspections on projects under permit as is required by the current Minnesota State
Building Codes and City ordinances and such other reasonable inspections as may be
deemed necessary by him or her in order to monitor compliance with the Minnesota State
Building Codes.
1.9 The Building Official will advise St. Anthony residents and contractors on code questions
and issues.
1.10 St. Anthony shall collect all fees and charges for all required permits and applications
within St. Anthony. St. Anthony shall also collect any and all permit related surcharge
fees, sewer availability charges, and other fees as may be required by statute, regulation,
or ordinance.
1.11 The Building Official and/or Building Inspector for New Brighton shall not be required,
but may be requested from time to time to attend St. Anthony City Council meetings.
The Building Official and/or Building Inspector for New Brighton may, upon request,
attend preconstruction meetings.
1.12 The Building Official for New Brighton shall have the exclusive initial authority to
determine interpretations and applications of the Minnesota State Building Codes for all
permitted projects with St. Anthony. Notwithstanding the foregoing, the Building
Official shall confer with the St. Anthony City Manager before issuing any such
interpretations and applications of the Minnesota State Building Codes that might have an
extraordinarily significant effect on projects within St. Anthony. The Building Official
shall also have the right and responsibility to issue correction orders, stop work orders,
and citations on violations of the Minnesota State Building Codes on any project
determined not to be in compliance with the terms and provisions of the Minnesota State
Building Codes. Enforcement and prosecution of any Minnesota State Building Code
requirement by way of judicial action for either criminal or civil sanction shall remain the
exclusive responsibility of St. Anthony. The New Brighton Building Official shall
cooperate in any enforcement procedures.
1.13 Upon completion of all inspections associated with any specific permit, the New
Brighton Building Official and/or Building Inspector shall forward the original inspection
records along with the plans as submitted by the applicant to St. Anthony. All such plans
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shall be kept on file by St. Anthony pursuant to state law. All such original records shall
remain the exclusive property of St. Anthony.
1.14 Services provided by New Brighton under this agreement will be rendered with the same
professionalism, care and promptness in St. Anthony as New Brighton provides within
New Brighton for the citizens of New Brighton
1.15 New Brighton will provide no service relating to issuance of electrical permits or
electrical inspections. St. Anthony shall be responsible for all electrical inspection or
secure such services from other sources.
FEES
2.1 New Brighton shall be compensated for providing services as follows: (1) for building
inspection services at 50% of the building and plan review permit fees, exclusive of the
state surcharge and any other fees; and (2) for mechanical and plumbing inspection
services at 60% of the permit and plan review fee, exclusive of the state surcharge fee
and any other fees. Payment for such services will be made on a monthly basis.
New Brighton will be reimbursed for up to a total of $1,000 for expenses of the initial
purchasing by New Brighton of branding and identification materials requested by St.
Anthony, such as magnetic door signs, identification cards, clothing and the like.
The above amounts are the only amounts due to New Brighton. New Brighton is
responsible for all costs associated with the conduct of its operation, including but not
limited to, transportation, mileage, training, licensing, and insurance costs.
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GENERAL TERMS AND CONDITIONS
3.1 St. Anthony shall not assume any liability for the direct payment of any salary, wage,
workers compensations, income tax withholding, or any other type of compensation to
any New Brighton employee for performing any inspection or code enforcement
service(s) pursuant to this Agreement. This remains the responsibility of New Brighton.
3.2 St. Anthony shall also be solely responsible to determine compliance with its own
zoning, land use regulations and regulations of the Minnesota Department of Natural
Resources, Minnesota Department of Transportation, watershed districts and all other
regulatory bodies and political subdivisions having the jurisdictional authority within St.
Anthony affecting the development of lands.
3.3 St. Anthony shall be solely responsible for direct payment of any fees or charges to the
Metropolitan Waste Control Commission, State of Minnesota or any of its subdivisions
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and Ramsey County as may be required by law affecting development and the issuance of
any permit within its borders.
3.4 St. Anthony, its officers, agents, and employees shall cooperate with and assist New
Brighton in the orderly performance of services to be provided for herein.
3.5 All applications for permits and inspections shall be made on forms utilized and
maintained at St. Anthony city offices.
3.6 The books, records, documents, and accounting procedures of New Brighton relevant to
this Agreement, are subject to examination St. Anthony and either the legislative or state
auditor as appropriate, pursuant to Minnesota Statutes.
3.7 This Agreement represents the entire Agreement between New Brighton and St. Anthony
and supersedes and cancels any and all prior agreements or proposals, written or oral,
between the parties relating to the subject matter hereof, any amendments, addenda,
alterations, or modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
3.8 Both parties agree to comply with all applicable state, federal and local laws, rules and
regulations.
3.9 This agreement shall terminate as follows:
a. Upon the expiration of 60 days after service of written notice by New Brighton
upon St. Anthony or upon the expiration of 10 days after service of written notice
by St. Anthony upon New Brighton, with or without cause; or
b. At any time, upon agreement of the parties; or
c. By either party on the termination of employment of either of the persons
employed as building official or building inspector by New Brighton. The parties
acknowledge that it may be impractical for New Brighton to furnish services at
the level described in paragraph I in the event of such termination of
employment; however, the parties will discuss in good faith the feasibility of
providing a mutually acceptable level of service before terminating the agreement
pursuant to this paragraph 3.9.c.; or
d. By either party on 20 days written notice for material breach that is not cured
within such 20 day period.
3.10 New Brighton agrees to defend, indemnify and hold harmless St. Anthony, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from New Brighton's performance of the duties
required under this Agreement, to the extent caused by any negligent act or omission or
willful misconduct of New Brighton. St. Anthony will reimburse New Brighton for any
payments made by New Brighton under the deductible provision of its liability insurance
policy for claims indemnified or defended by New Brighton under this paragraph.
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3.11 St. Anthony agrees to defend, indemnify and hold harmless New Brighton, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from St. Anthony's performance of the duties
required under this Agreement, to the extent caused by any negligent act or omission or
willful misconduct of St. Anthony.
3.12 Each party shall carry liability insurance in the amount of at least $500,000 per individual
and $1,500,000 per occurrence, and property damage liability insurance in the amount of
$100,000. Each party shall have the other named as an additional insured, and provide a
certificate of said insurance. Each party shall carry Worker's Compensation Insurance as
required by Minnesota Statutes, Section 176.181, Subd.2 (1994) and will provide a
certificate of said insurance to the other.
3.13 Nothing herein shall be deemed a waiver by either party of the limitations on liability set
forth in Minnesota Statutes Chapter 466.
3.14 Any employee assigned by New Brighton to perform its obligations hereunder shall
remain the exclusive employee of New Brighton for all purposes including, but not
limited to, wages, salary and employee benefits.
3.15 It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of co- partners between the parties
hereto or as constituting the person employed by New Brighton as the agent,
representative or employee of St. Anthony for any purpose or in any manner whatsoever.
New Brighton is to be and shall remain an independent contractor with respect to all
services performed under this contract. New Brighton represents that it has, or will
secure at its own expense, all personnel required in performing services under this
contract. Any and all personnel of New Brighton or other persons, while engaged in the
performance of any work or services required by New Brighton under this contract, shall
have no contractual relationship with St. Anthony and shall not be considered employees
of St. Anthony, and any and all claims that may or might arise under the Worker's
Compensation Act of the State of Minnesota on behalf of said personnel or other persons
while so engaged, and any and all claims whatsoever on behalf of any such person or
personnel arising out of employment or alleged employment including, without
limitation, claims of discrimination against New Brighton, its officers, agents contracts or
employees shall in no way be the responsibility of St. Anthony; and New Brighton shall
defend, indemnify and hold St. Anthony, its officers, agents and employees harmless
from any and all such claims regardless of any determination of any pertinent tribunal,
agency, board, commission or court. Such personnel or other persons shall not require
nor be entitled to any compensation, rights or benefits of any kind whatsoever from St.
Anthony, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Worker's Compensations, Unemployment Compensation, disability,
severance pay and PERA.
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IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first
written above.
CITY OF ST. ANTHONY VILLAGE
By:
M
Its: ayor
By:
Its: City Manager
CITY OF NEW BRIGHTON
By:
Its:
Mayor
By:
Its: City Manager
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