HomeMy WebLinkAbout04-10-2018 Council packet CITY OF OAK PARK HEIGHTS
TUESDAY, APRIL 10, 2018
CITY COUNCIL MEETING AGENDA
6:00 P.M. AT CITY HALL
6:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:05 p.m. II. Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
6:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
A. Proclamation of Achievement—Patrick Balfanz (pg. 3)
B. 2017—City Annual Financial Statement—Review by Auditor David Mol (pg. 5)
C. Update from Superintendent of Stillwater Area Public Schools—Ms. Denise
Pontrelli (pg. 7)
6:15 p.m. IV. Consent A enda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—March 27, 2018 (pg. 9)
C. Authorize Contract with St. Croix Sweeping for 2018 Street Sweeping (pg. 13)
6:15 p.m. V. Public Hearings
A. Consider Issuance of an Off-Sale Intoxicating Liquor License and Tobacco Sales
License for Nothern Tier Retail, LLC DBA SuperSpirits #4549 (pg. 19)
6:20 p.m. VI. Old Business
None
6:20 p.m. VII. New Business
A. Consider Holding a Joint Worksession with the City Council of Bayport and
Stillwater(pg. 21)
B. Consider Amendment to City Ordinances Related to Fencing (pg. 23)
6:30 p.m. VIII. Other Council Items or Announcements
6:30 p.m. IX. Adjourn
Please mute or silence any cell phones,computers or other devices during meeting—Thank You.
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Oak Park Heights
Request for Council Action
Meeting Date April 10th,2018
Time Required: 5 Minutes
Agenda Item Title: Proclamation of Achiev ent—Patrick Balfanz
Agenda Placement Visitor's and,4h
omment.
Originating Department/Req sto Johnson Ci of Oak Park Heights
Requester's Signature
Action Requested A prove clamation
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Read and Approve Proclamation for Ryan Balfanz of 5617 Ozark Ave.N.
Page 3 of 36
A Proclamation of the City of Oak Park Heights
WHEREAS, RYAN BALFANZ has resided in the City of Oak Park Heights for
eighteen years; and
WHEREAS, RYAN BALFANZ has obtained the rank of Eagle Scout; and
WHEREAS, the rank of Eagle Scout is a lifetime award and sets the stage for a
lifetime of expectations; and
WHEREAS, the rank of Eagle Scout is obtained by only approximately two percent
of all Scouts; and
WHEREAS, the rank of Eagle Scout represents the highest award possible for a Boy
Scout; and
WHEREAS, the rank of Eagle Scout represents a significant commitment to
leadership and team work.
NOW, THEREFORE, I, Mary McComber, by virtue of the authority vested in me, as
Mayor of the City of Oak Park Heights in the State of Minnesota, do hereby proclaim
April 15'h 2018 as RYAN BALFANZ DAY and call on all citizens to acknowledge
the accomplishments of RYAN BALFANZ.
IN WITNESS WHEREOF, I have hereunto set may hand and caused the Seal of the
City of Oak Park Heights to be affixed this 10th day of April, 2018.
Mayor Mary McComber
Page 4 of 36
R
Oak Park Heights
Request for Council Action
Meeting Date April 10, 2018
Time Required: 5 Minutes
Agenda Item Title: 2017—City Annual Financial Statement—Review by Auditor David Mol
Agenda Placement Visitors Section
Originating Department/Requestor Eric Johnson, City Administrator
Requester's Signature
Action Requested See Below
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Mr. David Mol, Senior Partner with Redpath and Co. Ltd.(the City's Auditing firm) will be
present to provide a review of the City's 2017 Annual Financial Statement.
Council Members: Full copies of the 2017 Audit Reports have been place in your mailboxes at City Hall and will
also available on the City's Website after Council acceptance.
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Oak Park Heights
Request for Council Action
Meeting Date April 10, 2018
Agenda Item Update from Superintendent of Stillwater Area Public Schools—Ms Denise
Pontrelli
Time Req. 5
Agenda Placement Visitors/Public Comments
Originating Department/Requestor Administration/Jennifer Pinski
r
Requester's Signature
Action Requested Receive Information
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached email.
Page 7 of 36
Jennifer Pinski
From: Barb Proulx <proulxb@stillwaterschools.org>
Sent: Thursday, February 15, 2018 1:33 PM
To: Jennifer Pinski
Subject: Re:Agenda Request
Jennifer,
We would like April 10th please.
Thank you!
On Thu, Feb 15, 2018 at 1:24 PM,Jennifer Pinski<jpinski@cityofoakparkheiehts.com>wrote:
Hi Barb,
The City Council meets on March 13, March 27,April 10, and April 24. All meetings start at 6 p.m. Which meeting
would Ms. Pontrelli like to attend?
From: Barb Proulx [mailto:proulxb(a@stillwaterschools.org]
Sent:Thursday, February 15, 2018 12:50 PM
To: Barb Proulx<proulxb@stillwaterschools.org>
Subject:Agenda Request
Good afternoon,
Ms. Denise Pontrelli, Superintendent of Stillwater Area Public Schools,is requesting 5-10 minutes on one of
your council meeting agendas in the month of March or April.
She is looking to briefly share the good things that are taking place in our schools.
Thank you for your consideration.
i
Page 8 of 36
Oak Park Heights
Request for Council Action
Meeting Date April 10, 2018
Agenda Item Approve City Council Minutes—March 27, 2018
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor "d,_UOistration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken nr if other public
bodies have been advised).
See attached.
Page 9 of 36
CITY OF OAK PARK HEIGHTS
TUESDAY, MARCH 27, 2018
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty,
Liljegren, and Runk. Staff present: City Administrator Johnson, City Attorney
Vierling, and City Engineer Mann. Absent: Councilmember Swenson and City
Planner Richards.
Mayor McComber added "Gutter Installation—Cover and Valley View Park" and
"Consider Resolution Supporting Local Decision Making"to the Consent
Agenda. Councilmember Dougherty suggested not adding the second item to the
Agenda.
Councilmember Dougherty, seconded by Councilmember Liljegren, moved to
approve the Agenda as amended without the addition of"Consider Resolution
Supporting Local Decision Making." Carried 4-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported that she would be attending a breakfast
meeting with Xcel Energy, the Metro Cities annual meeting, and the
Minnesota Association of Small Cities board meeting. She also reported
there were two upcoming ribbon cuttings that would be in weekly notes.
B. Councilmember Dou hg erty: He reported that new Planning Commissioner
Jennifer Giovinazzo was present at the City Council meeting.
C. Councilmember Lilje rgren: No report.
D. Councilmember Runk: He reported he attended the CVB meeting on
March 14, and they would be coming to a City Council meeting in the
future to provide an annual update. He also reported that Chuck
Dougherty was the new President of the CVB.
E. Councilmember Swenson: Absent.
F. Staff: City Administrator Johnson requested that Consent Agenda Item H
be moved to New Business as Item C. City Clerk Pinski reported that
Robert and Donna Bement of 14290 Oldfield Avenue Court North were
chosen as the recycling award winners.
III. Visitors/Public Comment: None
IV. Consent Agenda:
A. Approve Bills & Investments
Page 10 of 36
City Council Meeting Minutes
March 27, 2018
Page 2 of 3
B. Approve City Council Minutes—March 13, 2018
C. Approve City Council Worksession Notes—March 13, 2018
D. Approve Consumption and Display Permit for St. Croix Yacht Club
E. Approve Amendment to City Ordinance 1401 —Relating to Wagon
Vendors &Mobile Food Units
F. Adopt 2018—2022 Anticipated Capital Improvement Plan
G. Approve JPA for Fuel Contract 2018
ur- Mer-installation Cover- andV '�-ViMOVED TO NEW
BUSINESS
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda with Item H being moved to New Business as Item
C. Roll call vote taken. Carried 4-0.
V. Public Hearings: None
VI. Old Business: None
VII. New Business:
A. Mobile Field Force JPA& OPH P.D. Response Directive: Chief DeRosier
explained the JPA. Councilmember Liljegren, seconded by
Councilmember Runk, moved to approve. Carried 4-0.
B. Set Worksession 4/10/18—City 2017 Audit Reports: Mayor McComber
suggested maybe adding a discussion with Cynthia Winland on the
Agenda. City Administrator Johnson reported he would have a couple of
items for discussion at the worksession.
Councilmember Dougherty, seconded by Councilmember Liljegren,
moved to set a worksession for April 10 at 5:00 p.m. Carried 4-0.
C. Gutter Installation—Cover and Valley View Park.: City Administrator
Johnson reported the City received a quote from Custom Remodeler's Inc.
for$4,269.00. He recommended gutter installation at both parks.
Councilmember Dougherty, seconded by Councilmember Runk, moved to
approve the project. Carried 4-0.
VIII. Other Council Items or Announcements: None
Page 11 of 36
City Council Meeting Minutes
March 27, 2018
Page 3 of 3
IX. Adjourn: Councilmember Liljegren, seconded by Councilmember Dougherty,
moved to adjourn at 6:13 p.m. Carried 4-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
Page 12 of 36
Oak Park Heights
Request for Council Action
Meeting Date: Tuesday April 10,2018
Agenda Item : 2018 Street Sweeping
Time Req. 1 Minutes
Agenda Placement: Consent
Originating Department/Requestor An Iev. Public W rks Director
Requester's Signature �----�
Action Requested: Authorize icintract with St. Croix SweeRing for 2018 sweeping services.
Background/Justification(Pleas indicate anv nrevious action has been taken or if other naahl c
bodies have been advised).
See attached memo.
Page 13 of 36
i
City of Oak Park Heights
14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574
Memorandum
To: Eric Johnson,Administrator
Cc: Mayor and Council
From: Andrew Kegley, Public Works Director ;
i
Dates 04/06/18
Re: 2018 Street Sweeping Contract
The City has a few contractors that have been providing service to the City for several years,
however it is prudent to seek quotes for those services on a regular basis to ensure the City is
receiving the best value. I recently sought quotes from three(3)reputable sweeping contractors
for 2018 street sweeping in OPH. St. Croix Sweeping provided the overall lowest hourly rate,
truck fee and dumping fee of the three companies. St. Croix sweeping has been sweeping OPH
streets for many years and typically responds to requests for service the same day, but does so
always within the four(4)days stipulated in the contract. The quoted rates for sweeping are as
follows:
Company Sweeping Rate Truck Fee Dumping Fee
St. Croix Sweeping $76.74/Hr $45.00/Hr $5.00/Yard
Miller Exc. $99.90/Hr $78.00/Hr Inc in Truck fee
Minnesota Street $82.00/Hr $86.00/Hr $300 per truck load.
Works
Since St. Croix Sweeping rates will be the overall lowest cost to the City,the operator is
familiar with street sweeping in the City and has provided satisfactory service to date, it makes
sense to contract with St. Croix Sweeping for street sweeping services again in 2018. I
recommend that Council authorize staff to enter into a sweeping contract with St. Croix
Sweeping for 2018 sweeping needs.
Page 14 of 36
Anchorlandcare/St. Crbix Sweeping
R
SCHML
OF PIUCES 2018
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ju=fig PAWS iA WOQTd=M WA 1110 t4'dMk8 Of ihjSi pMposat ald aSreotdMI at dW rates
mumd bdow at st h time as titer;Mq b:MqWdM by#tw t~'aity. Co for mq ,
PrOPOSO(MO or MM ofOaA"c of cqulpmws disposd aoM and sits WW specifies the
10=1M trf MW tMPQrary hotdpng site ft sh=t sweepings,A quaWion may ba riqcaud
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or tMMIM.
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Disposal cost:
r
E'ly Spring Sweeping Disposal Con: S 3.75.p____.__jvr Yard or$ _qtr Wtz
Disposal Site:Aft W.. __ . 11
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fall.stag Disposal t rot: 3__s.+N) .____,_.lam'!Wd or S 'T tM
Disposal Site:Itakigh tm&,ing
Page 15 of 36
MILLER EXCAVATING INC
3741 STAGECOACH TR N
STILLWATER, MN 55082
651-439-1637
pmillerexc@aol.com
Date: March 15,2018
Submitted to: City of Oak Park Heights
PO Box 2007
Oak Park Heights
Attention: Andy Kegley
Job Name: 2018 Sweeping
WE PROPOSE TO FURNISH LABOR,AND EQUIPMENT TO SWEEP PARKING LOTS/ROADS AS REQUESTED
RATES:
SWEEPER $99.90 HR.
BOBCAT w/SWEEPER $94.75 HR.
TRUCK., $78.00 HR. OvOlf-, At- ir�l�a0d it �a}t.
LABOR $68.95 HR.
MINIMUM CHARGE $75.00
ACCEPTANCE: MILLER EXCAVATING, INC.
DATE: DATE:
Please sign and return one copy to retain this service. An appropriate time will be
scheduled for your needs. Thank you.
Page 16 of 36
■v�/v'�
.J(Tt��I` Inc. Bid Proosol
To: From:
City of Oak Park Heights Minnesota Street Works, Inc.
3211 101 at Ave NE
Blaine, Minnesota 55449
Attention:Andrew Kegley Phone Number:612-366-3623
Number: 651-439-4439 Office Number: 763-427-9992
Please be advised we,Minnesota Street Works, Inc., submit a bid for the 2018 Season
The scope of work interested in bidding:
Street SweepincLcity roads
Sweeping: $82.00 per hour (per Sweeper)
Elgin Eagle Mechanical Broom with Water Suppression (Quite and Dustless)
The city agrees to supply the water for the sweeper and if agreed trucks for the material along with the
disposal of said material,if city does not provide truck and disposal additional fees apply.Any issues must
be address within 5 business days and the total invoice must be paid with 30 days of completion.
Truck and Disposal:
Quad Truck: $86.00 per hour (per quad truck)
Full truck disposal fee of material: $300.00 per truck load
Any issues must be address within 5 business days and the total invoice must be paid with 30 days of
completion.
We are compliant with the OSHA requirements implemented in 2017
Please note:We do not charge port to port fuel surcharges or mobilizafion charges
Union Affiliated Company certified as:
DBE
SBE
Central Certification CERT Program
Authorized Signature: Date: 03/21/2018
Jeanine Davis
Professional & Complete
Street Sweeping Parking Lot Sweeping* Sidewalk/Bike Trail Sweeping
Full Service Pressure Washing Inlet Protection Cleaning
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Page 18 of 36
S•
Oak Park Heights
Request for Council Action
Meeting Date April 10, 2018
Agenda Item Consider Issuance of an Off-Sale Intoxicating Liquor License and Tobacco Sales
License for Northern Tier Retail, LLC DBA SuperSpirits#4549
Time Req. 5
Agenda Placement Public Hearing
Originating Department/Requestor Adm `gt• ion/Jennifer Pinski
I
Requester's Signature
Y,
Action Requested Approve Liquor License and Tobacco Sales License
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Northern Tier Retail LLC d/b/a SuperSpirits #4549 has applied for a new off-sale intoxicating
liquor license and tobacco sales license for a business to be located at 5804 Neal Avenue North.
A representative on behalf of Northern Tier Retail, LLC has indicated they will be remodeling
the SuperAmerica location into two stores: a convenience store (SuperAmerica) and a liquor
store (SuperSpirit).
All applications have been investigated by the City Attorney and the Police Department and
found to be in compliance with the City ordinance requirements for liquor license and tobacco
license issuance. The investigation fees and license fees have been paid.
Notice of this Public Hearing was published in the Stillwater Gazette on March 30, 2018 and has
been posted at City Hall since April 1, 2018.
City staff recommends approval of the off-sale intoxicating liquor license and tobacco sales
license for Northern Tier Retail LLC d/b/a SuperSpirits#4549 contingent on approval from the
Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division.
Page 19 of 36
NOTICE OF PUBLIC HEARING
TO CONSIDER ISSUANCE OF AN OFF-SALE INTOXICATING LICENSE FOR
NORTHERN TIER RETAIL, LLC. DBA SUPERSPIRITS #4549
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN
that the City Council of the City of Oak Park Heights, Washington County, Minnesota shall
hold a public hearing to consider issuing an off-sale intoxicating liquor license to Northern
Tier Retail, LLC dba SuperSpirits#4549 for a liquor store located at 5804 Neal Avenue
North, Oak Park Heights, MN 55082.
Written or oral comments will be considered.
The public hearing shall be held on Tuesday, April 10, 2018 at 6:00 o'clock p.m. at the City
Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota 55082.
Dated this 23 d day of March, 2018.
BY ORDER OF THE CITY COUNCIL
Jennifer Pinski, City Clerk
Page 20 of 36
F
Js{,
Oak Park Heights
Request for Council Action
Meeting Date April 10th, 2018
Time Required: 1 Minutes
Agenda Item Title: Consider Holding a Joint Worksession with the City Council of Bayport
and Stillwater
Agenda Placement New Business
Originating Department/Requestor: Mayor Mary McComber
Requester's Signature
Action Requested Discussion,Possible Action
Background/Justification(Please indicate if any previous action has been taken or if other public bodies
have advised):
I have been participating in Toast and Topics with the Chamber, both last year,and upcoming this year.
I also attended a meeting at the School District Office,and in talking with Councilmember Polehna,from
Stillwater,discussion evolved into"it has been a long time since we all sat down together". I offered
to try to coordinate a joint meeting.
Since all three of our cities have many overlapping topics,issues,concerns,etc.,it seems timely for
all of us to have a casual Worksession/roundtable discussions,on such topics as: how traffic patterns
have changed since the St. Croix Crossing has opened;Loop Trail; increased Fire/Police/Safety;Business
Climate;Development/Redevelopment; School District Boundary Changes;where, or if,there are
opportunities to work together, etc.
I have contacted Mayor St.Ores to see if there is an interest with the Bayport Council. Councilmember
Polehna will talk with the Stillwater Council about the same.
I would recommend setting a work session to meet with both Bayport and Stillwater City Councils. The
meeting could take place at our City Hall.
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0
Oak Park Heights
Request for Council Action
Meeting Date March 27, 2018
Time Required: 1 Minutes
Agenda Item Title: Consider AmendmentAOCitv Ordinances Related to Fencing.
Agenda Placement New Businffi<s? // -
Originating Department/Re est or• c Johnson C' inistrator
Requester's Signature
Action Requested Discu ZZ,Possible Action
Background/Justification lease indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached documents from Scott Richards, City Planner
I. Staff MEMO dated January 31St,2018
NOTE.As it relates to the enclosed memo, the Public Hearing was held on Feb 8th, 2018.
2. Approved Planning Commission resolution(unsigned)
3. "Redline"versions showing proposed alterations.
4. Proposed City Ordinance Amendment.
Page 23 of 36
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
I Phone:763.231.5840
Facsimile: 763.427.0520
TPCQPlanni ngCo.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: January 31, 2018
RE: Oak Park Heights — Fence Height Amendments — Planning
Commission
TPC FILE: 236.01 — 18.01
BACKGROUND
The Planning Commission, its December 14, 2017 meeting, discussed the issues with
fence height and the starting point from which the height is measured. It was pointed out
that not all sites are perfectly level and the Zoning Ordinance should be clarified as to
where fence height is measured from. The Planning Commission discussed the wording
of an easy to understand and interpret fence height definition. The result follows in this
memo. It is nearly identical to the previous definition, although the order has been
changed.
In 2015, the fence regulations were amended to allow a maximum height of seven feet
to accommodate the posts and finials above a standard six-foot fence panel. The issue
of the starting point from which fences are measured from was not addressed at that time.
The current definition of fence height is as follows.
Existing Language:
401.02.B. Definitions.
3. Fence, Height: The distance from the adjacent finished grade to the
highest projection of a fence structure or support post.
Additionally, Section 401.15.E Fencing, Screening and Landscaping reads as follows:
401.15.E. Fencing, Screening and Landscaping.
4. Specific Fence Standards. The height of fence shall be the distance from the
adjacent finished grade to the highest projection of a fence structure or support
post and shall be restricted according to the location as follows:
Page 24 of 36
a. Fences or walls located on or adjacent to any property line bordering a
public road or street shall not exceed seven (7) feet in height. However, in
no case shall any shrub, hedge or fence bordering upon any street or
sidewalk be constructed or allowed to grow to a height which could obstruct
safe driving visibility at intersections.
ANALYSIS
The language proposed by the Planning Commission would clarify the intent of the
ordinance and provide for easier interpretation by Staff and the public. See below:
Proposed Language:
401.02.13. Definitions.
3. Fence, Height: The height of a fence is measured from the highest projection of
a fence structure or support post to the adjacent finished grade.
The Planning Commission thought that a diagram in the definitions would help with the
interpretation. Here is a diagram that could be added:
Highest projection of a fence structure or support post
10
%djacent finished grade
If the definition changes, this section will also need to be amended:
401.15.E. Fencing, Screening and Landscaping
4. Specific Fence Standards. The height of fence is measured from the highest
projection of a fence structure or support post to the adjacent finished grade and
shall be restricted according to the location as follows:
2
Page 25 of 36
a. Fences or walls located on or adjacent to any property line bordering a
public road or street shall not exceed seven (7) feet in height. However, in
no case shall any shrub, hedge or fence bordering upon any street or
sidewalk be constructed or allowed to grow to a height which could obstruct
safe driving visibility at intersections.
EXHIBITS
Please find as follows an Exhibit for your consideration on this matter:
Exhibit 1: Section 401.02.B. Definitions and Section 401.15.E. Fencing and Screening
and Landscaping — Existing/Revised Language.
CONCLUSION/RECOMMENDATION
The Planning Commission should review the proposed language and determine if this is
the course of action to address the fence height issue. A public hearing has been
scheduled for the February meeting.
3
Page 26 of 36
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE
AMENDMENT TO SECTION 401.02.B DEFINITIONS AND
SECTION 401.15.E, FENCING, SCREENING AND LANDSCAPING
TO CLARIFY AND AMEND FENCE HEIGHT STANDARDS
WHEREAS,City Staff requested that the Planning Commission consider an Ordinance
amendment to allow changes to Section 401.02.B Definitions and Section 401.15.E,the
Fencing, Screening and Landscaping of the Zoning Ordinance to clarify and amend
language as to fence height standards;the Planning Commission of Oak Park Heights
makes the following findings of fact:
1. The definition of fence height needs to be clarified and a diagram
illustrating how fence height is measured should be added to the Section 401.023
Definitions of the Zoning Ordinance; and
2. The provisions regulating fences should be revised to reflect the new
definition of fence height in Section 401.15.E Fencing, Screening, and Landscaping of
the Zoning Ordinance; and
3. City Staff prepared draft Zoning Ordinance amendments which were
reviewed and revised by the Planning Commission; and
4. The Planning Commission held a public hearing at their February 8,2018
meeting,took comments from the public and recommended amendments to the Zoning
Ordinance as found as follows; and
5. Section 401.02.B Definitions, is recommended to be amended to read as
follows:
3. Fence,Height: The height of a fence is measured from the highest projection of
a fence structure or support post to the adjacent finished grade.
Page 27 of 36
6. Section 401.023 Definitions is amended to add the following graphic as
part of the Fence,Height definition:
Highest projection of a fence structure or support post
�diacent finished grade
7. Section 401.15.E. Fencing Screening and Landscaping is recommended to
be amended to read as follows:
4. Specific Fence Standards. The height of fence is measured from the highest
projection of a fence structure or support post to the adjacent finished grade and
shall be restricted according to the location as follows:
a. Fences or walls located on or adjacent to any property line bordering a
public road or street shall not exceed seven(7)feet in height. However,
in no case shall any shrub,hedge or fence bordering upon any street or
sidewalk be constructed or allowed to grow to a height which could
obstruct safe driving visibility at intersections.
NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The Zoning Ordinance is amended to clarify and revise Section 401.02.B
Definitions, and Section 401.15.E.2 Fencing Screening and Landscaping of the
Zoning Ordinance as indicated above; and
B. Copies of the recommended Zoning Ordinance amendment are on file at City
Hall.
Recommended by the Planning Commission of the City of Oak Park Heights this 8th day
of February 2018.
2
Page 28 of 36
Jim Kremer, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 29 of 36
OAK PARK HEIGHTS ZONING ORDINANCE
401.02.B. Definitions.
Existing Language:
3. Fence, Height: The distance from the adjacent finished grade to the
highest projection of a fence structure or support post.
Proposed Language:
3. Fence, Heiaht: The distance from the adjacent finished Grade, measured at
all points alon_a the len_ath of the fence, to the highest projection of a fence
structure or support post
401.15.E. Fencing, Screening and Landscaping.
1. Building Permit No person shall hereafter construct or cause to be constructed
or erected within the City of Oak Park Heights, any fence without first making an
application for and securing a building permit.
23,352. Application Requirements. Each application for a permit under this section shall
be submitted to the Zoning Administrator on forms provided by the City. Each such
application shall include a site plan drawn to scale showing the location of
house(s), garage(s), and other improvements on the lot and the location of the
fencing to be erected, altered or relocated. A certificate of survey shall be required
for all fences (including hedges and plantings) to be constructed up to or on the
property line, unless:
a. Property stakes on the affected property lines are first located and
marked by a licensed and registered Minnesota surveyor.
b. Or, an agreement is reached between the property owners as to the
accepted or property line.
3. General Provisions. All fences within the City shall be subject to the following
general provisions:
a. No fences shall be placed on or extend into the public rights-of-way.
b. All fences shall be located entirely upon the property of the person
constructing or causing the construction of such fence.
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C. That side of any fence considered to be its "face" (i.e., the finished side
having no structural supports) shall face abutting property.
d. Both sides of any fence shall be maintained in a condition of reasonable
repair and appearance by its owner and shall not be allowed to become and
remain in a condition of disrepair or danger, or constitute a nuisance, public
or private.
e. Barbed wire fences are only allowed in the City by conditional use permit.
f. No person shall construct or maintain or allow to be constructed or
maintained anywhere within the City any fence or metal construction which
is charged by or connected with an electrical system.
g. No physical damage of any kind shall occur to abutting property.
h. All man-made fences located in front of the rear building line shall consist
of materials comparable in grade and quality to the following: decorative
masonry, wrought iron or wood, provided the surfaces are finished for
exterior use, or wood of proven durability is used,such as cedar or redwood.
L For the purpose of fence regulations, in the case of a corner lot, both yards
abutting a street shall be considered a front yard.
354. Specific Fence Standards. The height of fence shall be the distance from the to
the highest projection of a fence structure or support post and shall be restricted
according to the location as follows:
354. Specific Fence Standards. The height of fence is measured shall be the distaRGe
frorn the adjaGent finished gradefrom the highest projection of a fence structure
or support post to the adjacent finished grade and shall be restricted according to
the location as follows:
35 a. Fences or walls located on or adjacent to any property line bordering
a public road or street shall not exceed seven (7) feet in height. However,
in no case shall any shrub, hedge or fence bordering upon any street or
sidewalk be constructed or allowed to grow to a height which could obstruct
safe driving visibility at intersections.
35 b. Fences or walls on or adjacent to the shore line of any navigable
lake, channel or stream shall not exceed four (4) feet in height. Fences or
walls on or along that portion of a lot line from a navigable lake, channel or
stream to the rear side of the average building construction line shall not
exceed four (4) feet in height.
23,35 C. Fences or walls on or within ten (10) feet or less from a common
property line between two adjoining lots or parcels not owned by the same
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person, firm or corporation shall not exceed seven (7) feet in height. The
property owner shall provide written notification to adjoining property
owners concurrent with the application for a building permit for a fence
installation which is less than five (5) feet from a property line. Fences or
walls shall be permitted except as prohibited in sub-paragraphs b. and d.
hereof.
35 d. Fences or patio walls not exceeding nine (9) feet in height may be
constructed without restriction on the interior of any lot or parcel, providing
no such fence or wall shall be closer than ten (10) feet to any common
property line between adjoining lots not owned by the same person, firm or
corporation (except as permitted under sub-paragraph c. hereof), and
provided further in the case of lakeshore lots, no such fence or wall shall be
located so as to block or otherwise adversely interfere with an adjoining
property owner's lake view.
35 e. Open wire fences not exceeding eleven (11) feet in height enclosing
tennis courts, pools, and similar uses, shall be permitted without restriction.
5. Swimming Pool Fences. Outdoor swimming pool fences shall be required as
outlined in Section 1303 of the City Code.
6. Non-Conforming Fences. It is the intent of this Ordinance to allow the
continuation of such non-conforming fences until they are discontinued as provided
herein. However, it is not the intent of this Ordinance to encourage the survival of
non-conforming fences and such fences are declared to be incompatible with
permitted fences within the City. Such fences shall be regulated by the following
provisions:
a. No existing fence not permitted by this Ordinance in the district within which
it is located, except when required to do so by law or ordinance, shall be
enlarged, extended, reconstructed or structurally altered unless such fence
is changed to one permitted in that district. Maintenance of a non-
conforming fence will be allowed, however, when this includes necessary
repairs and incidental alterations which do not expand or intensify the non-
conforming fence.
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Page 33 of 36
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2018- -
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO
CLARIFY AND AMEND LANGUAGE AS TO FENCE HEIGHT STANDARDS
IN SECTION 401.02.13 DEFINITIONS AND 401.15.E, FENCING, SCREENING
AND LANDSCAPING
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.02.13 Definitions, is amended to read as follows:
401.02.13. Definitions.
3. Fence, Height: The height of a fence is measured from the highest
projection of a fence structure or support post to the adjacent finished grade.
Highest projection of a fence structure or support post
�djacent finished grade
SECTION 2. Section 401.15.E. Fencing Screening and Landscaping is amended
to read as follows:
4. Specific Fence Standards. The height of fence is measured from the
highest projection of a fence structure or support post to the adjacent
finished grade and shall be restricted according to the location as follows:
a. Fences or walls located on or adjacent to any property line
bordering a public road or street shall not exceed seven (7) feet in height.
However, in no case shall any shrub, hedge or fence bordering upon any
street or sidewalk be constructed or allowed to grow to a height which
could obstruct safe driving visibility at intersections.
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SECTION 3. The Planning Commission of the City of Oak Park Heights held a
public hearing at their February 8, 2018 meeting, took comments from the public,
and recommended that the City Council approve amendments to the fence
provisions.
SECTION 4. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 10th day of April 2018 by the City Council of the City of Oak
Park Heights.
CITY OF OAK PARK HEIGHTS
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
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